General Terms — Booking, Payment, Modification and Cancellation
SWEN Voile Inc. — Last revised: April 2026
1. Scope
These general terms apply to local training and sailing activities offered by SWEN Voile Inc., including:
- sailing and navigation training
- day and evening outings
- supervised activities in Quebec
- local programs and packages
Sailing trips and cruises are subject to separate specific terms detailed in section 13.
2. Booking and Contract Formation
Any booking constitutes a service request. The contract is formed only when SWEN Voile Inc. confirms the booking and the required payment conditions are met.
SWEN Voile Inc. confirms the booking in writing (by email or other electronic means).
3. Payment
Payment is required at the time of booking for all local activities unless otherwise specified in writing.
No service is guaranteed without full payment or an authorized deposit.
4. Payment and Security
Payments are processed securely via third-party payment providers (including Stripe).
SWEN Voile Inc. does not retain, access, or store sensitive payment data (card number, CVV, expiry date).
5. Personal Data
SWEN Voile Inc. collects only the information necessary to provide services:
- first and last name
- email address
- phone number
- booking-related information
This data is used exclusively for service management, communication, and administrative follow-up.
No personal data is sold or disclosed to third parties without consent, except as required by law.
6. Modification and Cancellation by the Client (Local Activities)
Any modification or cancellation request must be made in writing.
More than 48 hours before the activity:
The client may choose:
- a full refund, or
- a free rescheduling to a later available date
Less than 48 hours before the activity:
- modification or refund requests may be refused
- exceptions may be applied at the reasonable discretion of SWEN Voile Inc., in particular for serious and justified reasons
7. Exceptions
Adjustments may be made in particular in the following cases:
- weather conditions making navigation unsafe
- instructor unavailability
- technical or operational issue preventing service delivery
In such cases, the provisions of section 9 apply.
8. Operational Decision (Safety and Weather)
The decision to maintain, modify, or cancel an activity for safety or weather reasons is made by SWEN Voile Inc. or its authorized on-site representative.
This decision is based on maritime safety criteria and actual navigation conditions.
9. Cancellation or Modification by SWEN Voile Inc.
SWEN Voile Inc. may cancel, postpone, or modify an activity for reasonable reasons, including:
- participant safety
- weather conditions
- operational or logistical constraints
- instructor unavailability
Activities require a minimum of two (2) participants. If this minimum is not reached, SWEN Voile Inc. may cancel or postpone the activity.
In all cases of cancellation by SWEN Voile Inc., the client will be offered, at no additional cost:
- rescheduling to a later available date;
- an equivalent activity where available;
- conversion to a private lesson with a clearly communicated price adjustment accepted by the client before confirmation;
- or, if no alternative is accepted, a refund of the amounts paid for the relevant activity.
No penalty will be imposed on the client in the event of cancellation by SWEN Voile Inc., subject to amounts already committed to third-party suppliers where applicable and non-recoverable.
10. Force Majeure
In the event of force majeure (including extreme weather events, government restrictions, disasters, or major emergencies), the activity may be:
- postponed, or
- cancelled with a full or partial refund depending on services already rendered or committed
11. Client Absence and Delay
Any client delay or absence may result in forfeiture of the service without obligation of refund.
However, SWEN Voile Inc. may, at its reasonable discretion and subject to availability, offer a make-up activity when circumstances permit.
12. Consumer Protection (OPC / FICAV)
SWEN Voile Inc. declares compliance with applicable obligations under Quebec’s Consumer Protection Act, particularly regarding information disclosure, service performance, and refunds.
Where applicable, trips may be covered by the Fonds d’indemnisation des clients des agents de voyages (FICAV), in accordance with applicable regulations.
13. TRAVEL CONTRACT – SAILING CRUISES (FICAV / OPC)
Sailing trips and cruises organized by SWEN Voile Inc. constitute travel services within the meaning of Quebec’s Consumer Protection Act and, where applicable, are subject to FICAV.
Each cruise is governed by a separate and specific travel contract.
13.1 Nature of the Contract
The client acknowledges that:
- maritime navigation involves inherent risks
- itineraries, schedules, and ports of call may vary
- safety always takes precedence over the planned program
13.2 Contract Formation
The contract is formed only when the booking is confirmed, a required deposit or payment is received, and a written confirmation is issued. It includes the general planned itinerary, description of services, financial terms, cancellation terms, and operational and safety conditions.
13.3 Payment
Unless otherwise stated, a non-refundable deposit is required at booking and the balance is payable before departure according to the indicated schedule. Any default in payment may result in cancellation of the trip without obligation of service.
13.4 Authority of the Skipper / Master
The skipper or master has exclusive authority over navigation and safety on board. They may at any time modify the itinerary, delay a departure, interrupt a voyage, refuse embarkation of a participant, or impose any decision necessary for safety. These decisions are final and binding.
13.5 to 13.9 – Modifications, Weather and Authorities
SWEN Voile Inc. reserves the right to modify any aspect of the trip for reasons of safety, weather, maritime authority directives (Coast Guard, port authorities, shipowner) or operational constraints. In the event of a significant reduction in essential services, the client may be entitled to a partial refund or fair compensation.
13.10 Inherent Risks of Sailing
The client acknowledges that sailing is an activity dependent on natural conditions, subject to frequent adjustments, and carrying inherent risks despite the safety measures in place.
13.11 Refusal of Embarkation / Exclusion
SWEN Voile Inc. or the skipper may refuse or remove a participant whose behaviour or condition compromises safety or the proper conduct of the trip. In such cases, no automatic refund is guaranteed.
13.12 to 13.14 – Partners, FICAV and Client Cancellation
Certain services may be provided by third parties subject to their own conditions. Where applicable, amounts paid may be protected by FICAV. The specific cancellation terms for each cruise are specified at the time of booking and may include a non-refundable deposit and progressive fees.
14. Acceptance and Acknowledgement
Any booking made with SWEN Voile Inc. implies that the client acknowledges having read these terms, accepts them without reservation, recognizes the inherent risks of navigation, and agrees that safety and the skipper’s decisions take precedence over all other operational considerations.
