Booking Conditions - Falmouth Powerboat School

Our Standard Booking Conditions

1. DEFINITE BOOKINGS: A booking will be deemed definite once the booking is confirmed by email from the Company.

2. CONFIRMATION: The Company will confirm the booking, via email within 5 working days on receipt of payment.

3. PAYMENT: A minimum of a 50% non refundable booking fee is required if the booking is over 6 weeks from the start date of the course.

3.1 The balance of payment is due 6 weeks prior to the date of the course.

3.2 If the booking is within 6 weeks of the start date of the course the full fee is required.

3.3 If within 6 weeks prior to the course the Student has not paid the balance of the fee, a reminder email will be sent. If 5 weeks from the date of the course the balance has not been received the Company reserves the right to sell the Student’s place.

3.4 If the Company is successful in selling the space and mitigating its costs the Student will only forfeit the deposit.

3.5 If the Company fails to sell the space, the Student will be liable for the full fee. If the Student fails to remit the balance due, it is agreed that 3% per month can be added to the outstanding amount, on compound interest rates, from the twenty eighth day, prior to the course until paid.

4.CANCELLATION/DELAY/NON ARRIVAL:

4.1 The Student has 7 days from the date they make their booking to cancel a course (if the start date of the course is 4 weeks or more away) and all monies paid will be returned in full, minus a £30 administration fee. If the start date of the course is less than 4 weeks away, at the time of booking, then the Student has 24 hours to cancel the course at the Company’s discretion. Any cancellations that are authorised will incur a £30 administration fee.

4.2 All date change requests need to be made a minimum of 48 hours before the course is due to start. If the Company agrees to a date change there is a date change fee of £30 or £120 if the course duration is 3 days or more. Any date change requests made less than 48 hours before the course is due to start will be authorised at the Company’s discretion.

4.3 If the Student is likely to be delayed beyond the start of their course, they need to inform the Company as early as possible.

4.4 A Student who cannot attend their course through illness or other unforeseen circumstances is requested to contact the Company as soon as possible. At the Company’s discretion a date change may be authorised, however all amendments authorised will incur a minimum £30 administration charge. Courses with duration of 3 days or more will incur a charge of £120 if that Company agrees to amend anything. If it is necessary to cancel the course within 6 weeks of the commencement of the course, every possible attempt will be made to mitigate the Student’s costs, to let the space elsewhere. If successful the Student will only forfeit the deposit. If unsuccessful the Student will be expected to pay the full fee. Insurance is strongly recommended; details can be found on our website.

4.5 Any Student who fails to arrive, for any reason whatsoever including illness and has not notified the Company, will automatically forfeit the total monies paid and no liability by doing so shall attach to the Company whatsoever.

5. YOUR RESPONSIBILITIES:

5.1 Students are responsible for informing the Company of any medical conditions, current prescribed medication they are taking or any learning requirements / additional support they may require throughout the training. Failure to notify the Company of any of the above, at the time of booking, which then goes on to impact the course or for the Student to not complete the course, the Company will not be held liable and no further training would be provided unless additional fees were paid by the Student.

5.2 In the event that the Company, in its sole discretion, considers that the conditions in 5.1 are likely to create an unreasonable burden on the efficient conduct of the course, the Company reserves the right to cancel the booking, or to remove the student from the course.

5.3 Students are responsible for obtaining all documents required for their course and to bring them to the course, including photo ID and a passport photo for certification if required.

5.4 The Company and all students are subject to the provisions of the Health and Safety at Work Act 1974. All injuries, accidents and near misses should be reported to a responsible member of staff so that a report can be compiled.

6. COVID:

6.1 There will be no refund whatsoever; all students will be offered up to a 6 month voucher to the value paid, this can be used towards any further services offered by the Company, if a student has to cancel their course place or cannot attend their course under any circumstance, including commitments elsewhere. It is recommended that students take out personal insurance to cover all eventualities outside of the realms of the Company insurance. On cancelling, students will automatically forfeit the total monies paid and no liability by doing so shall attach to the Company whatsoever.

6.2 COVID cancellation term variation: You can cancel or move your date under this term if:

The student is instructed to self-isolate, or put into isolation.
The student needs to give the Company 3 days to amend the start date so we have time to prepare to cancel trainers, facilities & provisions
In the case of wishing to cancel due to displaying COVID symptoms the student must produce proof in the form of a government test in which case the Company will move your booking to another date or give a 6 month voucher to the value of the remaining time of the course.
If you do not accept one of 3 new date options given by the Company then your 6.1 reversion applies.

6.3 By attending any course, students are confirming that they have carried out due diligence and that they have been clear of COVID 19 symptoms for 5 days and have not been in contact with parties who may have contracted the disease, been in this country for the 5 days prior to joining and wholly abide by government guideline rules.

6.4 In order to protect all attendees and staff, whilst attending activities students (including own boat students), everyone will take an LFT test at the start of the course and every 1-3 days thereafter during training. They will ensure that appropriate COVID19 protection is used, including their own protective solutions such as sanitiser plus gloves and mask as necessary, plus follow instructions as stated in the Company’s policy documents and that they will follow government guidelines at all times. Students attend at their own risk and the Company is not responsible/liable for any health issues whatsoever that the student or extended contacts suffer during the duration of or after attending the course. If the attendee becomes ill with COVID symptoms during the activity then they must inform the instructor, isolate, and disembark at the earliest opportunity at their own expense. They agree to book and attend a COVID test and inform the Company of the results to follow duty of care responsibilities in line with government guidelines.

7.COURSE DURATION:

7.1 Duration of courses can be found on the website and stated on the Student’s booking confirmation.

7.2 Any variation will be made prior to the course commencing, or by agreement of the course members.

8. LATE RETURN OF VESSELS: For whatever reason beyond the date of the course the Students can stay onboard at the company’s victualling expense or return home if they wish at their own expense. No liability shall extend beyond this.

9. UNDER 18’S: Students between 12 and 18 years are accepted when sailing with parents or guardians. For these students all Terms and Conditions must be accepted by the parent or guardian.

10. INSTRUCTION ON YOUR OWN VESSEL: All conditions herein apply, plus the Student will be expected to reimburse any travelling or out-of-pocket expenses for the Instructor from the Company’s base to wherever the vessel is lying, and the return journey plus salary on a pro-rata fee rate, if applicable.

10.1 The price and number of days quoted assume fair weather and no mechanical failure. Should tuition be delayed for either of these reasons the usual daily rate will be payable and any additional days will be charged at the standard daily rate.

10.2 Any additional days instruction required will be charged at the standard daily rate.

10.3 The Company may, in its absolute discretion, elect to terminate the tuition before the Vessel if the tuition is delayed by any of the reasons set out in Clause 10.1.

10.4 The Student’s vessel will be equipped to the minimum RYA standards and provide the Instructor with all bedding and victualling whilst on board as appropriate.

10.5 If the Student’s vessel is over 5 miles from the Company’s base a travel charge of £0.55 per mile will be applied. If it is not possible for the Instructor to get to the Student’s vessel within 2 hours, extra travelling expenses will be charged (accommodation and travel days).

10.6 Insurances: The Owner must notify his Insurance Company that there will be a qualified Skipper/Instructor onboard delivering tuition but the Owner remains the Skipper at all times. It is also agreed that the Owner’s Insurance is Fully Comprehensive and covers all aspects of normal marine insurance for the area in which the Skipper is expected to operate, with additional days leeway to allow for adverse weather

10.7 The owner must ensure that the vessel is seaworthy and with appropriate equipment for the voyage. If on arrival at the vessel the instructor considers the vessel unsafe to operate, he or she is at liberty to refuse to undertake the course. In this case the customer remains liable to pay the cost of a minimum of one day’s instruction plus travelling expenses where relevant.

11. FOREIGN PORTS: Please take your passport on any course in the event of calling into any foreign country, whether intended or not. A Student must seek permission from the Skipper for anything he brings on a Company vessel whilst in a foreign port. They will indemnify the Company, its employees and staff, against any actions that may result from breach of this rule.

12. SKIPPER’S/PRINCIPAL’S/CHIEF INSTRUCTOR’S DECISIONS: The Principal’s decision is final at all times on any of the Company’s property or the Company’s vessels, until the Skipper/Chief Instructor takes over.

12.1 Skipper’s/Instructor’s Decisions: From the moment the Skipper/Instructor steps onboard the instruction vessel in accordance with marine practice, the Skipper’s/Instructor’s decisions are always final.

12.2 All crew/students will accept all orders and decisions given to them by the Skipper/Instructor at all times whilst onboard the Company’s vessel or ashore, for the duration of the course until the course is complete and the Skipper/Instructor is no longer onboard the vessel. The Skipper’s/Instructor’s authority is total day and night in accordance with Marine Law.

12.3 If for any reason whatsoever a Student does not accept an order from the Skipper/Instructor or his designated substitute, whether the Student considers it to be reasonable or not, the Student shall be considered to be in breach of his Articles of sailing. The Skipper/Instructor shall take any action or decision he considers fit for the well being of the vessel and crew. If The Student is placed ashore at the nearest port no liability whatsoever shall attach itself to the Company and neither shall the Student have redress for any expenses or unused portion of the fee. Neither any redress against the Skipper/Instructor or Company as a result of actions taken by the Skipper/Instructor.

13. DRUGS: The Company has a zero tolerance on illegal drugs. Police will be informed at the earliest opportunity and the student disembarked and will be responsible for their own journey home.

14. ALCOHOL: Mild consumption of alcohol is permitted whilst in port at the discretion of the Skipper/Instructor. Alcohol must not be consumed less than 10 hours before sailing. Departure may be delayed at the discretion of the Skipper/Instructor if a student is thought to be under the influence of alcohol. The Skipper/Instructor may require the offender to disembark and make their own way home.

15. SMOKING AND VAPING: Smoking and Vaping is not permitted on vessels or on Company premises.

16. ABUSE: Physical or Verbal abuse including racial or sexual harassment will not be tolerated. In the event that the Skipper/Instructor/Principal observes or receives any complaint they will act in accordance to English law and will act under the terms of Clause 11 where deemed necessary.

17. EQUALITY AND DIVERSITY: As an RYA School we are fully inclusive in line with the RYA’s Equality and Diversity policy. Our staff ensure that students from all sectors of our community are welcome and supported and that courses embrace equality, diversity and Inclusion. By working together, we can ensure that the sport we love is representative of the diverse communities that we serve.

18. SEA TIME: Every attempt will be made to give pupils maximum sea time. However, if in the Skipper’s/Instructor’s opinion weather conditions, safety or any other consideration renders it imprudent, the Skipper’s/Instructor’s decision is final.

19. VESSEL CHANGE: If the Company changes vessels, due to any vessel becoming unsuitable, for any reason whatsoever, or a vessel is delayed, this in no way affects the validity of the booking of the Terms and Conditions stated herein they remain good.

20. COMPANY CANCELLATION: If, for any reason, the Company is unable to fulfil a booking or a vessel becomes unseaworthy for any reason whatsoever, the Company will inform the Student immediately the knowledge is available. No liability shall attach itself to the Company beyond the refund of the full fee paid by the student(s) or unused portions thereof.

21. COMPANY INSURANCE: The Company is insured for instruction. However, students’ needs vary. The Company strongly advises that students obtain their own insurance, details of which can be found on our website. The Student agrees the Company’s Insurance Policies are adequate and the Policy is available, on request, for inspection at the Company’s offices.

22. DISCLAIMER:

22.1 No liability is accepted for any Student’s vehicles parked whilst on a course, or Student’s Possessions in the vehicle.

22.2 No liability is accepted for Students whilst on Company grounds, in any of the Company properties, on ladders, pontoons or vessels and all Students participate in any aspect of any course at their own risk.

22.3 The Company provides training services only. All boat operations are provided by Falmouth Marine Solutions Ltd. Some products offered are a combined service by both these companies.

23. BREAKAGES OR DAMAGES: All breakages, damages or losses, however caused, must be immediately notified to the Skipper/Instructor/ Principal. Students shall be liable for any loss or damage to Company equipment, vessel’s equipment, up to and including the first £100 per item.

24. CERTIFICATES: The Company’s standards of instruction are high and certificates will only be issued at the end of a course if, in the opinion of the Company’s Instructors and Principal, the Student has reached the necessary standard. The Principal and Instructor’s decision shall be final and accepted by all Students.

24.1 Registration of RYA PHYSICAL COURSES & SHARING OF DATA WITH THE RYA To register all RYA certificates we need to share some of your personal data with the RYA via www.rya.org.UK. This registration and management website is hosted and maintained by a third party, who will not use your personal information for any reason other than enabling your course.

24.2 Data Policy. How and why the RYA hold your personal information;

Use of www.rya.org.UK is open to those registering RYA certificates offered by the Company. The website is hosted and maintained by a third party. They will not use your personal information for any reason other than enabling your course on this website.

On completion of your course, your name, email, date of birth and address will be transferred to the RYA database for the purpose of recording details of the course and any certification gained as a result of it. This information allows the RYA to record your certification centrally, and to update any records we may already hold about you or your qualifications.

Requesting removal of your personal data

If you want your personal data removed from www.rya.org.uk prior to the end of your access period, please email your request to interactive@rya.org.uk giving your name and email address. Please note that if you request deletion of your account before you have completed your course, your access to the course and records of your progress will be lost.

Contact will normally be made by your RYA Recognised Training centre. However, occasionally the RYA may contact you in relation to your course or account. This would normally be done by email. You will not receive any sales or marketing information from the RYA as a result of holding an account on www.ryainteractive.org unless you have given consent via a personal account on www.rya.org.uk.

If you have any questions about how we look after your personal information please contact us by email at interactive@rya.org.uk or by phone on +44 (0)23 8060 4185.

Unacceptable use of the site

You must use the site and the information available from the site responsibly. You may be invited to contribute to online activities such as forums, questionnaires and surveys which may be read by others within your training centre or group. Any comments posted must not break the law, be abusive, pornographic or sell products or services. Comments posted which contravene this will be removed and your continued access to the site will be reviewed.

25. DUTIES ONBOARD:

25.1 All Students will be expected to participate in cooking, cleaning vessels and routine maintenance as required by the Skipper/Instructor/Principal. At the end of the course all Students will be expected to clean the vessel from bow to stern and leave the vessel better than it was found.

25.2 Students who stay onboard for an exam are required to clean the boat once the examiner has left. Failure to do so will incur a cleaning charge of £100 which will be divided between all students onboard.

26. DISPUTE: Any dispute should be brought to the attention of the Skipper/Instructor/Principal at the earliest opportunity to be resolved. In the event of a dispute not being settled by mutual agreement, it is agreed that this agreement (contract) shall be governed by the laws of England and the parties submit to the non-exclusive jurisdiction of the courts of England in respect of any dispute or difference between them arising out of this agreement (contract). It is further agreed all agreements between customers, clients and Students and staff of the Company shall be governed by English Law, even when the dispute occurs outside British territorial waters.

27. RYA INTERACTIVE COURSES:

27.1 To enable access to your online course the Company will need to share some of your personal data with the RYA via your user profile in www.ryainteractive.org. This learning management website is hosted and maintained by a third party called Learning Pool, who will not use your personal information for any reason other than enabling your course.

Your name and email address will be entered on www.ryainteractive.org in order to create your user account. On your first access to the site, you will be asked to enter your address and date of birth. You will have access to the site for one year in order to complete your online course. During this period, your personal information will be held on the website by Learning Pool and be available to this training centre and the RYA for the purpose of managing your course.

Instructional support will be provided by our instructors for a period of 12 months from the date of your course booking.

On completion of your course, your name, email, date of birth and address will be transferred to the RYA’s central database for the purpose of recording details of the course and any certification you gain as a result of it. This information allows the RYA to record your certification, to update any records they may already hold about you or your qualifications and to verify your certificate if required. After one year from the date of your enrolment on the course, your user account will be removed from www.ryainteractive.org.

Full details of how the RYA will deal with your personal information will be displayed when you first access www.ryainteractive.org.

27.2 Data Policy. How and why the RYA and Learning Pool hold your personal information

Use of www.ryainteractive.org is open to those completing online RYA courses provided by RYA Recognised Training Centres or the RYA. This website is hosted and maintained by a third party called Learning Pool. Learning Pool will not use your personal information for any reason other than enabling your course on this website.

In order to take a course you will be asked for your name, email, date of birth and address. Your name and email address are used for the purposes of recording any grades or certificates achieved and to make contact with you.

Management of your course and any instructional support that you may need is provided by the RYA Recognised Training Centre that you booked your course with and may be time limited (please check the centre’s booking terms and conditions for details). To allow this to happen the training centre has visibility of your progress and achievements in the course. The training centre also has visibility of the information in your user profile.

Cookies:

A session cookie is used to provide continuity and maintain your login from page to page. Cookies must be enabled in your browser to allow this happen. When you log out or close the browser this cookie is destroyed.

There is a second cookie which you may choose to allow on the login screen so that your username is remembered each time you log in to the site. This cookie is optional and can be disallowed if you wish.

Length of access:

The RYA does not impose a time limit for access while you are actively using the site, however your training centre may do so and may request deletion of your user account once that time limit is reached. Please check their booking terms and conditions for details of length of access and whether a fee is payable for extended access.

If you do not actively use the site for one year (evidenced by the date of your most recent login) your user account will be deleted, with any course completion or certification recorded on the RYA database.

Requesting removal of your personal data:

If you want your personal data removed from www.ryainterative.org prior to the end of your access period, please email your request to interactive@rya.org.uk giving your name and email address. Please note that if you request deletion of your account before you have completed your course, your access to the course and records of your progress will be lost.

If you also want details of your online course removing from the RYA database, please email your request to interactive@rya.org.uk giving your name, date of birth, RYA reference/membership number (if known) and the name of the course you want removed from your records. Please note that removal of course details from the RYA database, means that any certification gained as a result of this course will not be verifiable by the RYA, nor would the RYA be able to issue a replacement certificate.

Contact regarding your course:

If you have any questions about how we look after your personal information please contact us by email at interactive@rya.org.uk or by phone on +44 (0)23 8060 4185.

Your course:

While the RYA will endeavour to ensure the correct functionality of courses across the most commonly used devices and web browsers, as such technologies evolve continuously, access cannot be guaranteed.

Copyright of the courses offered through this site belongs to the RYA. Any additional information added to the site by Recognised Training Centres, coaches or instructors is the responsibility of that person or organisation.

Course content is devised in good faith and is accurate at the time of publication. While the RYA endeavours to ensure that content is reviewed regularly and appropriate changes are made to ensure that content is correct and up to date, it cannot be held responsible for errors.

Unacceptable use of the site:

28. LIMITATION: Any claim arising from or in connection with this Agreement to be brought by one party against the other shall be brought within six months of the completion date of the course or delivery, failing which such claims shall be time barred.

29. SEVERANCE: The invalidity in whole or in part of any clause in this Agreement shall not affect the validity of the remainder of such clause or this Agreement.

30. LAW AND JURISDICTION: This agreement shall be governed by and construed in all respects in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the English Courts.