RYA Course Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY ARE PART OF YOUR CONTRACT WITH FREEDOME SAILING AND CONTAIN LEGAL OBLIGATIONS AND LIABILITIES OF THE CLIENT
In the Contract:
“the Booking” means the booking by a Client of an RYA Course or RYA Interactive course;
“the team member” or “staff” means any trainer, coach or instructor, freelance or otherwise that works with the company;
“Freelance” means any self-employed trainer, coach, instructor or person;
“the Booking Confirmation” means the written confirmation by the Company of a Booking made by telephone, website or e-mail;
“the Booking Form” means the form or medical form carrying the client/students details (online or in writing);
“the Company” means Freedom Sailing;
“the Contract” means the entire contract between the Company or Team member and the Client as contained in these Terms and Conditions, the Booking Form, Medical form and/or any Booking Confirmation;
“the Courses” means the Training Courses, offered by the Company, Team member/staff;
“the Deposit” means the deposit paid for classroom or practical courses by the Client at the time of Booking of 50% of the Price;
“the Client” means the person or persons named on the Booking Form or website form. In the case of more than one Client, the Clients shall be jointly and severally liable under this Contract;
“the Price” means the price for the booking set out on the Booking Form, Quote or website and any Booking Confirmation;
“the Classroom/Facility” means the dry teaching area used to run the shorebased training;
“the Terms and Conditions” means the terms and conditions set out below;
“Training Courses” means the RYA shorebased, interactive, eLearning, practical or personnel training courses run by the Company or Team member.
“Working Day” means any week day (except Saturday and Sundays and public holidays in Scotland)
2. BOOKING AGREEMENT
2.1 The Client acknowledges that no statement or representation, expressed or implied, which may have been made by or on behalf of the Company induced the Client to enter into the Contract and that any such statements or representations do not form part of the Contract.
2.2 A Booking is made in the name of the Client specified in the Booking Form and is not transferable to another person unless notified on the Booking Form, refunds will not be made for online courses due to inaccurate data being entered into the Booking Form.
2.3 The Company reserves the right to decline any Booking at its discretion.
2.4 Booking in advance is necessary to reserve a classroom or practical Course, or Team member/staff booking on specific dates and a Deposit of 50% of the Price must be paid at the time of Booking. The Company may at its discretion hold open dates for Courses for a maximum of two (2) Working Days but if payment has not been received by the end of the agreed period the places will cease to be held open.
3. AGE LIMITS AND UNSUITABLE CLIENTS
3.1 The Client must be aged 16 or over and physically fit for all courses unless otherwise detailed on the course information page on this website with the exception of interactive /eLearning courses.
3.2 The Company, Team member/staff at its discretion may allow minors over twelve (12) years old to participate in Training Courses provided they are accompanied or supervised by a parent or legal guardian. Please note that minors under sixteen (16) years old may only be issued with an endorsed certificate and are unable to gain an ‘authority to operate’.
3.3 The Company reserves the right to refuse to allow any Client, who in its opinion fails to meet these criteria, onto a vessel, course or to make a booking.
3.4 Where a training course is occupied by a group, the Client must provide on the Booking Form full details of all persons in their party, each member of the party must complete a Medical declaration form.
3.5 The Company may at its discretion cancel any Bookings made in contravention of Clauses 3.1 to 3.4 before or at the start of the Training Course. In this event, the Company shall be entitled to retain any Deposit and any balance of payment will remain due unless the Company is able to re-let. If the Company is able to re-let, (and provided that the Client is not in breach of any other conditions) the Deposit shall be refunded, the Client will remain liable for a £25-00 (twenty five pounds) administration fee.
3.6 The Company may at its discretion cancel the Booking and refuse to allow any Client or group to participate in a Training Course or event, who in its opinion is not suitable, on the grounds of age, ill-health, inexperience, suspected influence of alcohol or drugs, irresponsible behaviour, abusive behaviour or any reason that may affect the safety of any person, or the commercial interests of the Company or Team member.
3.7 If a Booking is cancelled pursuant to Clause 3.6 the Company shall retain the Deposit and a pro-rata fee for the duration of the Course.
3.8 Occasionally authorised parties may carry out photography and/or video recording. You agree that we may use these images in advertising, promotional or publicity material in any format whatsoever. You further agree that copyright rests with such authorised parties.
4. CANCELLATIONS AND CHANGES
4.1 The Contract may not be cancelled or amended except as provided in these Conditions and Terms.
4.2 Cancellation of a Booking must be notified at least fourteen (14) Working Days prior to the Training Course or event.
4.3 In the event of cancellation by the Client of a Booking over fourteen (14) Working Days before the Training Course, the Client shall be entitled to a full refund of any course Deposit or full payment paid. If the Booking is cancelled between seven (7) and fourteen (14) Working Days before the Training Course the Client shall be entitled to be refunded 50% of the Course Deposit or Balance paid. If the Booking is cancelled less than seven (7) Working Days before the Training Course, the Company shall not offer a refund, (unless the cancellation is due to a medical condition specified on the Booking Form). Where training outside of the U.K. has been booked, no refund will be offered for expenses already incurred before the cancellation date by the company such as flights, travel, accommodation etc.
4.4 In the event of adverse weather conditions, including floods, storms, strong winds or unforeseen circumstances, including technical problems, mechanical failure, technical failure, shortage of water, non-availability of fuel, flight cancellations or delays, preventing the conducting of a Training Course or the Team member getting to the relevant destination, the Company or Team member shall offer a full refund of the course price if alternative dates are not agreed with the Client. No refund will be offered for the expenses such as travel, accommodation etc incurred for training booked outside of the U.K.
4.5 In the event of cancellation of a Booking during the Period of booked due to any of the circumstances listed in Clause 4.4 arising, the Company shall offer a reasonable refund based on the proportion of the Course completed.
4.6 Refer to section 9 – eLearning courses for Cancellation information for RYA Online and Distance Learning courses.
4.7 Online / eLearning Courses and tests must be completed within a period of no more than six (6) months from the date of registration.
4.8 Cancellation fees apply when course payments are made via Paypal, this percentage is governed by Paypal but is usually around £2.50 – £5.00 dependant on the original cost of the course. The Client will be liable for these fees and they will be automatically deducted from the refund amount.
5. PRICE AND PAYMENT
5.1 Neither the Booking Form nor the Booking Confirmation is a VAT invoice; if a VAT invoice is required please email firstname.lastname@example.org
5.2 The Company reserves the right to regularly review and amend the Price of the Courses, Team members, displayed on the Booking Form and on the websites of the Company at www.freedomsailingscotland.com
5.3 Any written quotations given to prospective Clients shall be valid for fourteen (14) working days from the date of enquiry.
5.4 At the time of Booking, a Deposit of 50% of the Price for the Training Course or event must be paid by the Client. Full payment is required at the time of booking for Interactive/eLearning courses. The course balance is due a minimum of seven (7) days before the first course date or the first date of travel.
5.5 Mileage rates (charged at Government rates) will be charged in addition to the Course fee if the training course takes place outside of a 50 mile radius from Fairlie, North Ayrshire. Where training courses are booked outside of the U.K. mileage rates will be charged for the U.K. travel to/from the relevant departure airport from Fairlie, North Ayrshire.
5.6 Where Training courses are booked to be run outside of the U.K. the Client will be liable for the associated expenses; including but not limited to: mileage to/from the departure airport (charged at Government rates) from Fairlie, North Ayrshire, UK, airport parking; return flights including 1 x checked bag per staff member; car/taxi travel to/from the airport to the non-UK training location; hotel accommodation within a reasonable distance from the training location.
5.7 Certificate fees, Assessment fees and Course books/packs will be charged in addition to the Course fee unless otherwise noted.
6.1 The Company undertakes regular checks of the equipment used for training tuition before its hiring in accordance with the manufacturers’ and RYA recommendations.
6.2 In the event of any equipment suffering mechanical breakdown, technical difficulties or malfunction the Company shall take all reasonable steps to enable the completion of the Course.
6.3 The Company shall not be liable for any consequential loss or damage that the Client(s) may suffer as a result of such breakdown/malfunction. Subject to Clause 4, any refunds are at the Company’s discretion.
7.1 The Company’s team members/staff are insured with £3 million public liability insurance and personal indemnity. Whilst undertaking a training course, event or work of any kind at another location the training centre, business, vessel/Yacht or club will undertake the agreement that the Team members/staff, students, crew members will be insured under the Client’s employers liability and public liability. The Company’s insurance does not cover personal accidents, loss or damage to personal or business effects. Clients are advised to take out their own insurance cover.
8. USE OF CLIENT’S FACILITY/VESSEL
8.1 A maximum of twelve (12) Clients are allowed on a shore based training course, a maximum of six (6) Clients are allowed on a PWC course and instructor training courses, a maximum of three (3) Clients are allowed on a powerboat course; not including the Company’s Team member/staff or assistant.
8.2 Where tuition is being given in a location not owned by the Company the Client shall indemnify the Company and all its Training team/staff in respect of all costs, claims, expenses and demands which it may suffer or incur and which arise directly or indirectly out of the use of the classroom/facility during the period of tuition. The Client confirms that the facility meets HSE workplace requirements and that all electrical equipment has been regularly serviced/maintained in accordance with the manufacturers’ recommendations, full insurance is in place for the period of tuition and all appropriate safety equipment is in place.
8.3 Where tuition is being given onboard a vessel/s not owned by the Company the Client shall indemnify the Company and all its Training team/staff in respect of all costs, claims, expenses and demand which it may suffer or incur and which arise directly or indirectly out of the use of the vessel/s during the period of tuition. The Client confirms that the vessel/s meet the required safety standards and that all equipment has been regularly serviced/maintained in accordance with manufacturers recommendations, full insurance is in place for the period of tuition and all appropriate and required safety equipment is in place.
9. eLEARNING COURSES
9.1 A maximum of 2.5 hours individual contact time (via email/Skype) with an RYA instructor per eLearning course is included in the course fee. Should further support be required on a face to face basis this will be charged at a rate of £20 p/hour + mileage at government rates if training is carried out in a location other than our own.
9.2 The Company shall not accept liability for technical issues/problems with the RYA interactive website www.ryainteractive.org causing delay, loss of information, damage or loss of any nature whatsoever sustained by any Client.
9.3 Online / eLearning Courses and tests must be completed within a period of no more than six (6) months from the date of registration.
9.4 RYA Online/eLearning Courses will not be refunded due to incompatibility between the RYA interactive operating system and the user/purchasers operating system. You must ensure that you check the details on this website / the RYA interactive website for details on compatibility and download the ‘taster’ course to ensure compatibility before payment.
9.5 RYA Online/eLearning Courses and Distance Learning courses will not be refunded after payment has been made unless a fault with Freedom Sailing’s website/s can be proven.
9.6 Complaints must be emailed/sent in writing for the attention of ‘The Principal’ to email@example.com
9.7 Day skipper, Coastal skipper/Yachtmaster offshore & Yachtmaster Ocean courses are hosted by Freedom Sailing. There is a 6 month completion time limit on all these courses. If you exceed this period you will be required to pay an additional fee of £30.00 in order to gain access again. You must have access to the internet and email in order to complete these courses. You may cancel this course within the first 7 days from recieving your login details but a £30.00 administration charge will apply and the course pack must be immediately returned unopened with postage paid by you to Freedom Sailing. For further terms & conditions on the Freedom Sailing courses please go to www.freedomsailingscotland.com
10.1 The Company shall not accept any liability for death, personal injury, damage, expense or loss of any nature whatsoever sustained by any Client, other than in the case of proven negligence of the Company or its Team Members/staff.
11. CLIENT’S PROPERTY
11.1 The Company will be under no liability for any loss of, or damage to vehicles or contents of the Client’s or other people’s property, in the classroom/facility or elsewhere, or howsoever caused, except by the Company’s negligence or the negligence of those for whom the Company is responsible. Clients are particularly advised not to leave any valuable or portable items in any vehicles.
In the event that the Client commits any breach of this Contract the Company shall be entitled but without prejudice to any other rights or remedies which it may have, to terminate the Course without notice, and to make a reasonable charge for time spent. No right of the Company shall be waived except in writing by a duly authorised representative of the Company.
The Contract shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.