Booking Terms - British Offshore Sailing School
These terms and conditions, together with information provided to you, the (client) by BOSS in brochures and associated literature, forms a contract between you and the British Offshore Sailing School (BOSS). Any litigation referring to the contract will be dealt with according to English law in an English court.
a) Your booking will be accepted and a place will be reserved and confirmed in writing (booking confirmation) by e-mail, letter or fax upon receipt of your booking and appropriate deposit or payment of the full course or cruise fee.
b) BOSS will inform you immediately if the course or cruise is already full and may suggest alternative start dates. You may request to go on a reserve list for the course or cruise you are booking, but there is no guarantee of a place.
c) Deposits are non-refundable once a booking has been accepted. These are as follows;
i) Courses in UK - £100
ii) Overseas courses and cruises - £200
iii) Cruises and course packages with a total value exceeding £1,500 - £500
2 Final Payment
i) A deposit will secure a place until six weeks prior to the start date, at which time the final balance is due.
ii) If the final balance is not received by the payment date detailed on the booking confirmation, BOSS reserves the right to re-allocate or cancel your place. (see paragraph 3).
i) Cancellation notification must be made in writing to BOSS. The effective date will be that on which the notification is received.
ii) We will try to fill a cancelled booking but BOSS reserves the right to retain the total fee if the cancellation takes place within six weeks of the commencement of the course or cruise. Course and cruise dates are not transferable once a booking has been accepted.
iii) In the event of a course being cancelled by BOSS due to circumstances beyond our control, our liability will be limited to the return of the fees and deposits already paid.
iv) A client cancelling a course or cruise less than six weeks prior to its start date will receive no refund or credit of total fees paid or owed.
v) A client cancelling a course or cruise more than ten weeks before the start date will receive a credit of total fees paid (excludes non refundable deposit - see 1c). This credit may be used to purchase goods or services provided by BOSS, subject to availability.
Clients should be over the age of 17. Special exception may be made for minors accompanied by an adult. "Young Persons" courses are organised from time to time and the lower age limit for un accompanied minors on these courses is 14 years of age. There is no upper age limit.
Clients will be accommodated onboard yachts during practical courses and cruises. Shore based courses are non residential and accommodation is not included.
Clients will abide by BOSS's Code of Practice throughout their stay. BOSS reserves the right to ask any individual who is not conforming to the Code of Practice to leave. There will be no refund in these cases. (A code of Conduct is available on request).
7 Personal Effects
Although all possible measures are taken to ensure security, BOSS, its servants, employees or agents are not under any liability whatsoever in respect of loss or damage to client
s' property or belongings while attending a course or cruise.
8 Adjustment of conditions
reserves the right to:
i) Alter prices where necessary
ii) Cancel a course or cruise
iii) Request a client
to withdraw from the course or cruise
iv) Change the advertised craft or programme.
v) Amend these terms and conditions as required from time to time.
i) All course and cruise fees include onboard food, accommodation, harbour dues during the course, fuel and water.
ii) Course fees do not include; wet weather gear or sleeping bags which are available for hire, examination fees, cost of photographs or harbour dues during examinations.
iii) During shore based courses, light refreshments (tea, coffee and biscuits) are included but course fees do not include food or accommodation.
iv) Personal insurance is not included in course or cruise fees (see paragraph 11).
v) Cruise fees do not include travel to or from ports of departure or destination.
You are strongly advised to make sure that you have adequate cancellation, travel and personal accident insurance. A specialist personal adventure sailing insurance policy is available through BOSS for all our courses and cruises. Details can be viewed at http://www.pjhayman.com/downloads/PW_adventures.pdf
11 Force Majeure
i) The nature of the training and the chosen area of operation will, from time to time, mean that lack of essential spares and yacht defects will not be capable of rectification within a normal time. In such an event BOSS will act with all expediency and do all reasonably within its power to rectify the situation to enable the aims of the course or cruise to be met. If, in the sole judgement of BOSS, the aims of the course or cruise have failed to be met then it will decide on what compensation, if any will be awarded to the clients.
ii) BOSS cannot be responsible for matters outside its control. These include, but not by way of limitation, outbreak of hostilities, civil commotion, riot, storm, earthquake or any act of God effecting the conduct of the course or cruise. In this event, BOSS will endeavour to minimise the effects but will not be liable to refund any fees or pay any compensation.
If you are dissatisfied with any element of the service provided by BOSS you should inform the Skipper, at the earliest opportunity, who will endeavour to rectify the situation. If you remain dissatisfied you should write to the Principal of BOSS within two weeks of the end of the course or cruise. Failure to adhere to this procedure will effect any compensation BOSS at its sole discretion may choose to award. If for whatever reason a client decides to leave a course or cruise, at whatever stage, BOSS will not be liable to pay any compensation or refund any portion of the course or cruise fees. A client who for reasons of gross misconduct is dismissed from the yacht will not be compensated for any portion of the course or cruise fee nor will any costs incurred in travel or accommodation be the responsibility of BOSS.
NOTE: Sailing need not be arduous, but an average state of fitness is required. The nature of training and the area of operation can mean that medical and emergency care may not be available at short notice. It is therefore of paramount importance that the skipper / course or cruise manager is aware of any medical or physical condition that could have a bearing on your ability to carry out the course or cruise. It is a condition of BOSS's acceptance of you as a client on the course or cruise that you inform BOSS if any of the following conditions apply to you. Failure to disclose this information will be regarded as a breach of contract and may result in termination of the training without refund of course or cruise fees.
i) Any current or previous medical condition which may re-occur (or period of medication) which is likely to prevent you from fully participating in the course or cruise.
ii) Any incidence of diabetes, epilepsy, multiple sclerosis or depression.
iii) Any incidence of alcohol dependency now or in the past.
iv) Any incidence of drug or substance abuse now or in the past.
v) Any period of mental or emotional instability including any breakdown which required psychiatric treatment.
vi) Any major incident, ashore or afloat, whose trauma may have an effect on your suitability to undertake extended periods afloat in a small yacht.
vii) The disclosure of the information above will not automatically cause BOSS to reject your application but may require you to authorise access to your General Practitioner for a medical report. All information provided will be dealt with in strict confidence.
viii) It is strongly recommended that client
s wishing to work commercially verify their medical suitability for commercial employment with an approved medical practitioner prior to training. BOSS cannot accept any responsibility for client
s who fail to meet the required medical standards for MCA Commercial Endorsement.
ADDITIONAL NOTES FOR CLIENTS ATTENDING OVERSEAS COURSES AND CRUISES
A booking will be accepted by BOSS on receipt of a completed booking form, medical form and a deposit as stated in paragraph 1c of standard terms and conditions.
b) Included in the Overseas Course or Cruise Fees
i) Food and accommodation on board the yacht.
ii) All service charges associated with the voyage including berthing fees, cruising permits, fuel and local taxes.
iii) The services of an approved BOSS Skipper for guidance and instruction.
iv) All equipment, including safety equipment, necessary for the safe operation of the yacht.
c) Not included in the Overseas Course or Cruise Fees
i) Travel to and from ports of departure or arrival.
ii) Personal use of the yachts communication equipment.
iii) Provision of foul-weather clothing.
iv) Provision of linen and towels
v) Provision of alcoholic beverages and soft drinks.
vi) Trips, tours and visits.
viii) Personal, travel or medical insurance.
d) Travel responsibilities
i) Clients should make their own arrangements for travel to and from the yacht.
ii) If a client fails to arrive at the port of departure or other arranged rendezvous in time, further travel arrangements will be at the clients own responsibility and will not be compensated by BOSS.
iii) In the event that the course or cruise over runs and the yacht does not reach the advertised arrival port by the course or cruise end date then further travel arrangements will be at the clients own responsibility and will not be compensated by BOSS.
iv) It is the clients responsibility to ensure that all travel documents, visas, inoculations and vaccinations are in date.