General
A deposit of 25% of the course
fee is payable on booking any course / experience.
No booking shall be confirmed until a signed and
completed booking form is returned to 1st ScotSail Training Ltd along with any
deposit or balance payments due. This does not prejudice any rights of 1st
ScotSail Training Limited under these terms.
The balance of the course fee and any extras MUST
be paid 28 days prior to course commencement. If the course is booked within 28
days of course commencement, the full amount is due upon booking.
ScotSail
Protected Payments System
All payments,
irrespective of method (credit/debit card, cash, cheque, voucher etc.) are held
in 1st ScotSail Training Ltd Bonded Client Holding Account - you're deposit
payments are completely safe at all times.
Cancellation Policy - All Customers
All customers' payments, irrespective of
method (credit/debit card, cash, cheque, etc.) are
held in the 1st ScotSail Training Ltd Client-Money
Holding Account as deposit against your booked course / product, and customers payments are completely safe at all
times.
If any balances due are not received
within 28 days of the booking commencement date, outside of any prior
arrangement agreed with 1st ScotSail Training Ltd, the booking shall be
deemed cancelled and 1st ScotSail Training Ltd reserve the right to
resell your booked space, without any refund, return of funds, financial
compensation or other liability to the customer or their payee.
Customers that fail to attend at
the prescribed time, for what-ever reason, including changes to
work leave entitlement, illness, serious illness, accident,
bereavement or any other factor, shall NOT
receive any refund or be offered a replacement course or
product. 1st ScotSail Training Limited recommends customers purchase
third-party cancellation insurance.
In the event that you are unable to attend your booking,
you may choose to allow another person to attend in your place, but
this person must be acceptable to 1st ScotSail Training Limited and have read,
understood and accepted the terms and conditions. 1st ScotSail Training Ltd
must agree to such a substitution in advance, and have a written request of this
substition with the full details of the alternative attendee. In addition, you
may also request 1st ScotSail Training Limited issue you with transferable
product vouchers, which you may gift or sell as you see fit. Such product
vouchers are subject to all our standard terms and conditions, gift voucher
terms and conditions, and are valid for 18 months from date of issue. Should
you request such vouchers be issued, 1st ScotSail Training Limited will do so,
at its discretion, issue them free-of-charge. Such Vouchers will be issued in
relation to the specific course / experience product and dates in question, and
are not a cash-value voucher that may be used to select a different product or
date. 1st ScotSail Training Limited strongly advises customers
obtain their own cancellation insurance.
As payments are made to the 1st ScotSail Training
Ltd Client-Money holding account, and the payments customers make remain their
own money until the funds become the property of 1st ScotSail Training Ltd,
customers may choose to request a refund or return of their funds up until 28
days prior to the booking commencement date. On the day which falls exactly 28
days prior to the booking commencement date, you agree that the payments you
have made then become the property of 1st ScotSail Training Ltd, as payment for
the goods or services you have elected to purchase. After this day, requests for refunds
or postponements cannot be accomodated for any
reason including changes to work leave entitlement, illness, serious illness, accident,
bereavement or any other factor. You will not be entitled to any refund
/ return of funds or be offered a replacement course or product, and
1st ScotSail Training Limited recommends customers
purchase third-party cancellation insurance.
If after 28 days you still need to cancel or move dates,
you may also request that 1st ScotSail Training
Limited attempt to locate a suitable replacement person. If
you so request it, and we are successful in finding a replacement customer for
your booked date, then you may choose another course date without having to
re-book and pay again. No refunds will be issued as an alternative.
Customers must ensure that notice in writing of a
cancellation / booking amendment / date change has been received by 1st ScotSail
Training Ltd, at least 28 days prior to the booking commencement date to be
entitled to receive a refund, or to be entitled to make an amendment / date
change to their booking. Customers that do not submit such a request by the
day which falls 28 days prior to their booking commencement date shall not
receive a refund, or be entitled to make an amendment / date change to their
booking.
The term ‘Customer’
shall mean any person or student undertaking, purchasing, making use of or
attending a 1st ScotSail Training Course or Product, even if they are not the
payee.
Gift
Voucher Terms and Conditions
Gift Vouchers holders can use the
value of the voucher towards any 1st ScotSail Training Ltd Sailing Course
Product. A top-up fee may be required. Gift Vouchers are valid for 18 months
from date of issue. Vouchers cannot be used or their value transferred or
refunded after this time. Gift vouchers ARE transferable.
Only 1st ScotSail
Training Ltd may authorise the transfer of any gift voucher.
Gift
Vouchers are non refundable.
Recipients of a gift voucher must read, understand and sign the
1st ScotSail Training Ltd booking form and terms, no gift voucher is valid until
the holder has done this.
Age and Health Statement for Practical and Shore-based
Sailing Courses / Experiences
1st ScotSail Training
Ltd cannot accept customers under the age of 18 onto a practical course, unless
accompanied by a suitable parent or guardian, acceptable to 1st ScotSail
Training Ltd.
There is no upper age limit, but all customers
must satisfy themselves and a medical professional that they are fit and able to
join their chosen course. Sailing is regarded as a physical pastime and
customers may be asked to undertake physically demanding work, as part of the
course. If you are unsure please contact 1st ScotSail Training Ltd prior to
making a booking.
It is the customers own responsibility to ensure
that they are physically able to undertake or attend any sailing course or
product operated by or offered through, 1st ScotSail Training Ltd. Please check
with your doctor if you are in any doubt. If for whatever reason, the instructor
has to administer medical aid, 1st ScotSail Training Ltd, its employees,
servants, agents or instructors accept no liability for any damages or injuries,
howsoever caused.
In signing the booking form I declare to
the best of my knowledge, I am not suffering from epilepsy, disability, giddy
spells, asthma, diabetes, angina, or other heart condition and I am fit to
participate in the sailing course. Please forward details of any medical
treatment being received which will be supplied to the
instructor.
Insurance
and Personal Liability
1st ScotSail Training
Ltd boats are all insured against accidents and carry 3rd party liability by the
owner of that vessel. 1st Scotsail Training Ltd has no insurance cover for its
managed boats but ensures that the vessel you sail on is properly and fully
insured by the owner / operator and keeps copies of all insurance details at its
centre on Largs. You can inspect the insurance policy of the boat you are
assigned to prior to departure.
Any insurance claim will be directed to the OWNER
of the vessel you sail on which has adequate 3rd party insurance for their
vessel. If in the unlikely event you need to make any insurance claim it will be
made on the vessels 3rd party insurance. 1st ScotSail Training Ltd insurance
policy only covers the boats it actually owns. In the event that an insurance
claim is unsuccessful then 1st Scotsail Training Ltd is free of any financial
liabilty.
Responsibility is not accepted for personal
accidents, injury, damage, theft or loss due to your negligence or caused by
other crew’s proven negligence.
1st ScotSail Training Ltd accepts no liability
for any loss or damage to you or your personal belongings.
1st ScotSail Training Ltd strongly recommends
that customers arrange suitable insurance cover for course cancellation,
personal property and personal and other risks and liabilities.
Minor damage and losses attributed to your
accidental carelessness will be paid for by you, normally taken from the course
kitty or student fund, if that is agreed by all contributors prior to its
assembly. Replacements shall be made at market cost - fair wear and tear
accounted for. The limit is set at £50.00 per course student multiplied by the
amount of students.
Damage to or loss of
any hired equipment such as sailing suits and/or boots or the supplied
lifejacket will be paid for by you, at like-for-like market replacement cost.
Damage to or loss of your own personal property either by you or any other
person on our sailing course is not the responsibility of 1st ScotSail Training
Ltd.
Students undertaking
the MCA Coastal or Yachtmaster examination where they need to charter a yacht
from 1st ScotSail Training Ltd shall pay a security deposit of £750.00 and fill
in a charter agreement form.
No charter of the 1st ScotSail Training Ltd
Training Yachts can be undertaken without the charterer / candidate being
either, the holder of and RYA Coastal Skipper Course Completion Certificate
and/or be approved to charter by the training school Principal and/or Chief
Instructor.
Any security deposit will be returned to student
when the yacht is returned less the value any damage caused by that student.
Customer
Responsibilities
Customers must read and understand ALL the
supplied sales / information literature, brochures & supporting information
supplied by 1st ScotSail Training Ltd including all of these terms and
conditions.
All 1st ScotSail Training Ltd terms and
conditions, products, prices, services, discounts, packages, special offers,
promotions, deals, courses and course specifications and/or content are subject
to change at any time without prior notice.
You must contact 1st ScotSail Training prior to
booking to ensure that there have been no changes, revisions or updates such as
those aforementioned.
All current details of our courses and supporting
information are supplied on our web site at www.ScotSailTraining.co.uk which
should be fully read.
By signing these terms and conditions, you
signify that you understand fully what you have booked and you understand that
there may be additional costs not included in the original course price. Marina
berthing and sailing suits hire is not included in any course price, unless
otherwise stated in explicit terms. These costs are usually minimal and will
be explained to you upon request.
1st ScotSail Training Ltd Courses are not
designed as a holiday and will be run according to RYA Course Syllabi and/or 1st
ScotSail Training Ltd company policy.
Additional copies of any documents are available
upon request, including large print versions of our terms and conditions.
Customers should obtain a copy of the RYA Sail
Cruising & Yachtmaster Scheme log book, RYA Code G15 for sail and G20 for
Power There is normally a facility to purchase this at the training centre base,
from a third party retailer.. Price is around £5.00.
Customers should be contactable by telephone,
mail and/or e-mail at least 7 days prior to course commencement to allow 1st
ScotSail Training Ltd to contact them to advise on course developments or of a
poor weather forecast. Failure to be able to be contacted is not the
responsibility of 1st ScotSail Training Ltd. Any costs or liabilities incurred
by you if you arrive when the course has been cancelled shall NOT be borne by
1st ScotSail Training Ltd, under any circumstances.
Customers must uphold the most recent terms and
conditions on our website www.ScotSailTraining.co.uk.
On arrival customers will be asked to read and
sign 1st ScotSail Training Ltd Crew Registration form This will act as the
master booking form and Next of Kin details and now replaces any previous
application forms or booking forms already signed. This will ensure you have
read and understood our terms and conditions, insurance coverage information,
and give up to date informaton on Next of Kin.
Customers must ensure they don’t undertake any
action which could jeopardise the safety of your fellow students, instructor,
any yacht or other vessel or endanger others.
Customers must observe high standards of personal
conduct and not engage in any activity which could be considered offensive or
annoying by a reasonable person. 1st Scotsail Training Ltd reserves the right to
terminate without warning, the course or experience of any customer engaging in
any behaviour considered by the course instructor as offensive, or dangerous.
It is expressly a condition of course
continuation that all customers must comply with the instructions of the master
of the vessel / Course Instructor, whilst on-board a training vessel operated by
1st ScotSail Training Limited. Failure by any person to comply with the
instructions given by the master of the vessel may result in immediate
termination of service and the person will be required to leave the vessel at
the first available safe port - regardless of location, without any liabilities
to 1st ScotSail Training Limited whatsoever.
Customers may not use
or be in possession of any illicit or illegal substances, firearms or other such
offensive or dangerous weapon, item or noxious thing.
Customers should
contribute to the voluntary student fund to fund any extras, decided by the
course students such as any shore meals, marina berths / moorings at any places
that may levy a small charge for use of facilities, minor losses or damages
(i.e. dropping binoculars overboard etc) and extra foods / drinks that you may
want and which are not already supplied by us.
Accept that you may have different instructors,
yachts and training crews especially doing weekends and that short RYA / MCA
examinations may take place during or after the course which you could be asked
to crew, as part of the course.
Unless you explicitly opt out, in writing, &
prior to commencement of your course / experience, you agree that your image may
be used by 1st ScotSail Training Ltd and other ScotSail Group companies in
marketing and advertising literature, in local, national or international
campaigns through means of printed press, television, radio and internet website
advertising and that you will not be eligible to receive any compensation and/or
royalties in respect of this.
You agree that you will accept all advice given
to you by 1st ScotSail Training Ltd regarding your course, and accept the
decision of the course instructor in relation to the issuing of RYA
Certificates. You accept that it is not guaranteed that you will pass any course
choose to attend, although pass rates are typically very good.
Customers should complete a voluntary feedback
form. If there is a complaint, please contact 1st ScotSail Training Ltd.
1st ScotSail Training
Responsibilities
To run RYA Courses as laid down by the RYA G27
instructors hand book and according to 1st ScotSail Training Ltd company policy.
To supply a suitably commercially coded &
fully insured training yacht similar to the advertised yacht. 1st ScotSail
Training Ltd reserves the right to substitute any advertised training yacht with
another of similar and/or suitable specification.
To victual the yacht to cover all on-board
evening meals (Mon-Fri's + Sat/Sun's)lunches and breakfasts. To pay for all gas
and subsidise Diesel fuel up to 4 hrs per day giving a maximum of 20hrs per
week.
To endeavour to use the advertised sailing yachts
but if our yachts are unavailable through breakdown, mechanical failure or for
any other reason, 1st ScotSail Training Ltd will attempt to procure another
suitable vessel. 1st ScotSail Training may, at its discretion, endeavour to
place you with another RYA Training Centre or offer you another course date or
offer a refund. 1st ScotSail Training Ltd will not be held liable for any other
expenses or liabilities incurred.
Customers may decide themselves their own
berthing arrangements however; the Course Instructor shall have final
responsibility for the allocation of berths and/or cabins. Every effort will be
made to allocate berths according to preference. Females or Males wishing to
have special arrangements, or share a cabin with others of the same gender
should inform the Course Instructor. Every effort will be made to accommodate
customers however, placement is not guaranteed, due to the nature and build of
sailing yachts and the course gender make-up. Customers should be aware that
they will be required to share a cabin with another customer. Where a dispute
arises regarding accommodation the instructor may rotate you round the available
accommodation so that each student is treated fairly.
If weather is forecast that may inhibit or
prevent the safe completion of the RYA Syllabus or passage of the yacht, then
1st ScotSail Training Ltd may, at its discretion, cancel the course or postpone
to another date. 1st ScotSail Training Ltd will attempt to contact you by
telephone, giving you at least 24hrs notice (if possible), if a delay is likely.
1st ScotSail Training Ltds Course Instructor has the final say on whether the
yacht goes to sea, without any exceptions. Any days spent in port due to bad
weather will be spent doing theory lessons making up for lost time at sea. If
the course is cancelled 1st ScotSail Training Ltd will give you another course
date.
No refund can be granted due to postponement or
cancellation due to bad weather as this is not the fault of 1st ScotSail
Training Ltd. In the event of concellations due to weather or safety factors,
customers will be offered another suitable course date. 1st ScotSail Training
Limited shall not be liable for any costs incurred by customers due to any
cancellation or non-performance, for any reason, such as travel or accomodation
costs.
1st ScotSail Training Ltd will make every effort
to revise sailing timetables to accommodate late arrivals. However, if such
delays affect other customers’ courses, the Course Instructor may decide to sail
without the delayed customer. In such cases it’s the customers responsibility to
try to rendezvous with the boat, with no liability to 1st ScotSail Training
Ltd.
1st ScotSail Training Ltd has high standards of
instruction and applies RYA guidelines on the issue of certificates: RYA
Certificates will not be issued if, in the opinion of the Course Instructor, the
student has not reached the necessary standard or has failed to uphold the terms
and conditions of their contract with 1st ScotSail Training Ltd.
RYA Certificates are awarded by the Principal of
1st ScotSail Training or its Chief Instructor on the recommendation of the
Course Instructor.
Organisation
1st
ScotSail Training Limited, ScotSail Yachts Limited & 1st ScotSail Training
Limited - Preston are all part of The ScotSail Group. 1st ScotSail Training
Limited and 1st ScotSail Training Limited - Preston are RYA Recognised Training
Centres, which are individually and collectively referred to throughout all
ScotSail Group publications and websites as 'ScotSail' or 'The ScotSail Group'
(of companies).
RYA Shore-based Theory Courses are available at
Largs Yacht Haven and Preston Marina Centres. RYA Practical Courses are
available at Largs Yacht Haven Centre only.
ScotSail Yachts Limited is a booking agent only
for 1st ScotSail Training Limited, and all contracts and agreements are made
between the customer named on the booking form and 1st ScotSail Training Limited
of Largs Yacht Haven, Irvine Road, Largs, North Ayrshire, KA30 8EZ. ScotSail
Yachts Limited is unconnected with 1st ScotSail Training Ltd business activities
and cannot be held liable in any matter arising between a customer and 1st
ScotSail Training Ltd. 1st ScotSail Training Ltd is contactable on 01475 689 677
or on 07990 518 726, or on info@scotsail.net ‘The ScotSail Logo’ and ‘The First
ScotSail Training Logo’ are Trademarks of 1st ScotSail Training Limited.
Our web site
www.scotsailtraining.co.uk is where the current T&C can be read. This
supersedes any older copies in circulation or those that you have signed
already.
Own-Boat
Instruction / Tuition
During Own-Boat Instruction / Tuition, all
the usual terms and conditions of 1st ScotSail Training Ltd shall apply.
The owners / customers will be required to ensure
that the yacht is: equipped appropriately and is maintained in clean, safe and
seaworthy condition for the intended sailing area, fully and appropriately
insured for the duration of the instruction.
1st ScotSail Training
will not be held liable for the negligence of the Instructor or crew, provide
all food and drink and any out-of-pocket expenses for the instruction from 1st
ScotSail Training, retain responsibility for the safety and liability of the
yacht and her crew throughout. The instructor will not take on the skipper's
responsibilities.
Force Majeure
In the event of
non-performance, partial performance or delay resulting wholly or partly from
any force majeur or occurrence, or any circumstance whatever beyond the control
of 1st ScotSail Training Ltd including (without limitation) the acts or
omissions of third parties, labour difficulties, weather conditions, technical
breakdown or accident to any vessel or any part of it, natural disaster or any
act of authority, then 1st ScotSail Training Ltd shall use reasonable endeavours
to continue to perform the booking but otherwise shall have no liability to the
client. The client shall be liable to pay such part of the price as applicable
to that part of the booking which has been performed (if any), and all expenses
connected with it, and anything in excess (limited to the course fees received)
already paid by the client shall be refunded. 1st ScotSail Training Ltd
determination of the applicable part of the price and the connected expenses
shall be conclusive in the absence of manifest error. In the event of any
dispute between 1st ScotSail Training Ltd, its customers or any third party,
this agreement shall be governed under Scots Law and in and through the Courts
of Scotland.
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