Practical course Terms and Conditions

1 DEFINITE BOOKINGS: Will be deemed definite once the terms and conditions are accepted.

2 CONFIRMATION: Sailtrain Ltd will confirm the booking, via email or in writing, within 5 days.

3 PAYMENT: A 25% non refundable deposit is required if the booking is over 28 days from the start date of the course.
a) The balance of payment is due 28 days prior to the date of the course.
b) If the booking is within 28 days of the start date of the course the full fee is required.
c) If within 28 days prior to the course the Student has not paid the balance of the fee, on the 28th day a reminder letter/email will be sent. If 21 days from the date of the course the balance has not been received Sailtrain Ltd reserves the right to sell the Student’s berth.
d) If Sailtrain Ltd is successful in selling the space and mitigating its costs the student will only forfeit the deposit.
e) If Sailtrain Ltd 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:
a) You have 7 days from your booking date to cancel a course and your deposit will be returned in full, minus a 3% handling charge for card payments or the bank charges incurred for an online bank transfer.
b) If you are likely to be delayed beyond the start of your course, please inform us as early as possible.
c) A student who cannot attend their course through illness or commitments elsewhere is requested to contact Sailtrain Ltd as soon as possible. If it is necessary to cancel the course within twenty-eight days of 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.
d) Any Student who fails to arrive, for any reason whatsoever including illness and has not notified Sailtrain Ltd, will automatically forfeit the total monies paid and no liability by doing so shall attach to Sailtrain Ltd whatsoever.

5 COURSE DURATION:
a) Practical 2, 3, 4, 5 & 7 day courses, from approximately 1830 on the first evening until 1600 hours on the last day or otherwise stated on your booking confirmation. Theory courses, from approximately 0900 on the first day until 1700 on the last day.
b) Note that these are only a guide and any variation will be made prior to the course commencing.

6 LATE RETURN OF SAILING VESSEL: 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.

7 UNDER 18’S: Under 18’s accepted when sailing with parent or guardian. For students under 18 these Terms and Conditions must be accepted by the parent or guardian.

8 INSTRUCTION ON YOUR OWN YACHT: All conditions herein apply, plus the Student will be expected to reimburse any travelling or out-of-pocket expenses for the Instructor from the Sailtrain Ltd base to wherever the vessel is lying, and the return journey plus salary on a pro-rata fee rate, if applicable.
a) The Student’s vessel will be expected to be equipped with the minimum RYA standards and provide the Instructor with all bedding, victualling whilst on board.
b) If the Student’s vessel is over 50 miles from Sailtrain Ltd and it is not possible for the Instructor to get to the Student’s vessel within 2 hours, please allow pro-rata fees.
c) Insurances: The Owner must notify his Insurance Company that there will be a qualified Instructor onboard delivering tuition but the Owner remains the Skipper at all times. It is also agreed that the Owners Insurance is Fully Comprehensive and covers all aspects of normal marine insurance for the area in which the Skipper is expected to sail, with additional days leeway to allow for adverse weather

9 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 Sailtrain Ltd vessel whilst in a foreign port. He shall indemnify Sailtrain Ltd its employees and staff, against any actions that may result from breach of this rule.

10 SKIPPER’S/PRINCIPAL’S DECISIONS: The Principal’s decision is final at all times, on any of Sailtrain Ltd.’s property and Sailtrain Ltd.’s vessels, until the Skipper takes over.
a) Skipper’s Decisions: From the moment the Skipper steps onboard the instruction vessel in accordance with marine practice, the Skipper’s decisions are final always.
b) All crew/students will accept all orders and decisions given to them by the Skipper at all times whilst onboard Sailtrain Ltd.’s vessel or ashore, for the duration of the course until the course is complete and the Skipper is no longer onboard the vessel. The Skipper’s authority is total day and night in accordance with Marine Law.
c) If for any reason whatsoever a Student does not accept an order from the Skipper 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 shall take any action or decision he considers fit for the wellbeing of the vessel and crew. If the Student is placed ashore at the nearest port no liability whatsoever shall attach itself to Sailtrain Ltd and neither shall the Student have redress for any expenses or unused portion of the fee. Neither any redress against the Skipper or School as a result of actions taken by the Skipper.

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

12 VESSEL CHANGE: If Sailtrain Ltd 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.

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

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

15 DISCLAIMER:
a) No liability is accepted for any Student’s vehicles parked in the Marina grounds, or Student’s Possessions in the vehicle, on the pontoons or in Sailtrain Ltd.’s vessels or accommodation.
b) No liability is accepted for Students whilst on School grounds, in any of Sailtrain Ltd properties, on ladders, pontoons or vessels and all Students participate in any aspect of any course at their own risk.

16 BREAKAGES OR DAMAGES: Howsoever caused must be immediately notified to the Skipper or Principal. Students shall be liable for any loss or damage to School equipment, vessel’s equipment, up to and including the first £100 per item.

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

18 DUTIES ONBOARD:
a) All Students will be expected to participate in cooking, cleaning vessel and routine maintenance as required by the Instructor. At the end of the course all Students will be expected to clean the vessel from stem to stern.
b) 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.

19 DISPUTE: Any dispute should be brought to the attention of the skipper or 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 and 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 Sailtrain Ltd shall be governed by English Law, even when the dispute occurs outside British territorial waters

20 DATA PROTECTION: Sailtrain Ltd will not pass or sell on any of your personal details to any third party with the exception of the Royal Yachting Association for the purposes of certification registration only.

21 HEALTH DECLARATION: Illnesses or medical conditions need not necessarily prevent you from taking a full part in our activities, but the Principal or Skipper/Instructor must be aware of any relevant condition. If you are in ANY doubt about your fitness to take part in the activity your GP should be consulted prior to course commencement. I declare that to the best of my knowledge I am not suffering from epilepsy, disability, giddy spells, asthma, diabetes, angina, other heart conditions or other disability not declared. I consider myself fit to participate in the course/voyage. If you wish to declare a Medical condition, please download, complete and email to: info@sailtrain.org.uk this Health Declaration form

22 COMPLAINTS: Should you have reason to make a complaint, please make it known to your instructor at the earliest possible time. We would like the opportunity to deal with any complaints at the time they arise so we can rectify them immediately. Should you feel your
complaint was not dealt with satisfactorily please contact the Sailing School Principal, Peter Dance 07783 447684. All complaints will be recorded to enable us to monitor our performance. If you are still not satisfied with the way your complaint was dealt with you may refer your complaint in writing to the Training Manager, Royal Yachting Association, RYA House, Ensign Way, Hamble, Hampshire, SO31 4YA.