Yachting Education Pty Ltd
The following Booking Conditions together with the General information contained on our website www.yachtingeducation.com form the entire contractual relationship between yourself and Yachting Education Pty Ltd. Accordingly you are requested to review this document carefully and only complete the booking form if you are satisfied and agree with the conditions herewith.
In these Booking Conditions, “booking party” “booking holder”, ”student”, “you” and “your” means all persons named on the booking form including minors or substitutes. “We” or “us” shall refer to Yachting Education Sailing School.
1. Making a Booking
To confirm your booking you must complete our booking form completely. The form must be signed by each party to the booking and where such individual is less than eighteen (18) years of age, a parent or guardian must sign the form on their behalf. The party leader must be authorized to make such booking and will be responsible for the execution thereof.
Once your completed booking form has been received we will confirm availability and issue a booking confirmation email with invoice. This email and your course fee payment will be hold your place for the respective course and be your sole reference. No booking shall be held on a “verbal” agreement and Yachting Education shall not be held liable for any verbal agreements made between students and staff.
Yachting Education furthermore reserves the right to cancel, reschedule or terminate any course for any reason whatsoever including but limited to adverse weather, environmental issues, yacht breakdown, Instructor illness or absence, cancellation by other students.
Should there be any disparity on your invoice you are advised to contact our office immediately as it may be impossible to subsequently rectify any errors. We regret we cannot accept any liability if we are not notified of any inaccuracy or omission within fourteen (14) days of your booking date. Any subsequent amendments or alterations to the original booking will be subject to an administration fee which shall be borne by the student.
2. Payment – Deposit & Full Payment terms
In order to confirm and hold places on any course a twenty (20%) per cent deposit shall be required at time of booking. The balance of course fees including any additional administrative fees, shall be payable in full within seven (7) days from the initial deposit. If receipt of full payment is not received when required, Yachting Education and/or its agents shall advise you accordingly and you shall have forty eight (48) hours to rectify the default. Should payment not be satisfied Yachting Education shall assume the booking will not be honored and shall refund the preliminary deposit less a ten percent (10%) administration fee.
3. Your Agreement
A binding contract exists between Yachting Education and yourself at the issuance of an invoice and receipt of booking fee for each course held. Both parties agree that any dispute shall be resolved at the earliest possible date and should any dispute remain unresolved, both parties agree to resolve such disagreement and claim through the American Arbitration Association https://www.adr.org/aaa/faces/home.
4. Travel Arrangements
We reserve the right to make changes to and correct any omissions or errors in advertised prices at any time preceding your confirmed travel plans. We will advise you of any omissions or errors of which we are aware and of any applicable price change to your booking.
Due to the very nature of the training environment and in accordance with clause (1), Yachting Education insists that each and every booking should be made with an appropriate travel insurance policy. Please read your policy carefully and ensure you are protected in the event of any changes or cancellation which affects your booking. It is your responsibility to maintain adequate coverage and Yachting Education shall not be responsible for any damages which occur as a result of any changes, amendments or cancellations made to any booking.
6. Booking Changes
Should you wish to make any changes to your confirmed travel arrangements, you must notify us in writing and by telephone at your earliest convenience. Whilst we will make every endeavor to assist such requests we cannot guarantee we will be able to accommodate in every instance. Changes to any booking date shall be deemed to be a cancellation and subject to change fees as per clause seven (7).
7. Cancellation by You
Cancellations by you or by the party leader must be done in writing to the booking address and/or by email to the booking email address. Telephone changes will only be acceptable if written notification is received within 24 hours. Cancellation charges are based on a percentage of total cost payable. Insurance premiums and any excess expenses are the responsibility of the booking party.
Outside 60 Days $500 per booking
Within 60 – 30 days $500 per booking plus 25% of Booking Fee
Within 30 – 15 days $500 per booking plus 50% of Booking Fee
Less than 15 days 100% of Booking Fee.
No refunds will be given for wholly or partly used bookings, nor will Yachting Education be liable for any damages or expenses incurred by late arrival or early departure from a course.
8. Cancellation by Yachting Education
Planning and developing sail training courses occurs months prior to the actual date. Occasionally we are required to make changes to and correct errors in website or other advertised elements of some courses before and after bookings have been confirmed. Whilst we always endeavor to avoid changes or cancellations to any course, Yachting education reserves the right to do so as and where required.
Due to the elemental nature of sail training, certain itineraries, ports, anchorages and destinations may not be part of your training week. We will of course endeavor to complete each training course as advertised however Yachting Education shall not be held responsible for any omission. It is hereby understood that every Instructor is ultimately responsible for the safety and wellbeing of both students and vessels and any decision he/she executes will be for the betterment and safety of all concerned.
Any minor changes to booking dates will be advertised on the yachting education website and every student holding a booking for any changed date will be advised accordingly. The booking holder will be entitled to transfer to another course or partial refund for any changes which affect the individual booking.
A Major change shall be of a significant nature and entitle the booking holder to a full refund. Yachting Education maintains the right to determine if such a change is deemed Major and shall
advise the booking holder accordingly. Very rarely we are forced by forces of nature to change or terminate existing or future courses. Bad weather alone shall not constitute a major change to the booking conditions where possible we will reschedule courses which have not commenced but will be affected by severe weather. Wherever possible we will not cancel your booking but establish a mutually satisfactory future date. Should this not be achievable booking holders shall seek redress through their respective insurance policies.
9. Force Majeuer
In these Booking Conditions “Force Majeure” means any event which prevents Yachting Education as a supplier of the service in question could not with all due care, foresee, avoid or correct. Such events may include but not limited to; war or threat of war, riot, civil disobedience, actual or presumed threat to life onboard, industrial dispute, natural or manmade disaster, adverse weather conditions, fire, flooding, sinking or environmental conditions.
10. Yachting Education liability to Booking Holder
We agree to provide and perform the services and agreements as listed and advertised on the company website and as appears on company advertising. All care shall be taken to ensure your experience is accordance with that described and Yachting Education shall accept responsibility for the performance of such contract and satisfactory execution of such obligations by staff, instructors, employees, agents and suppliers.
Should it be proven that Yachting Education, its employees, instructors, agents or suppliers have been deficient in delivering such undertakings, you will have leave to seek compensation firstly by agreement with Yachting Education and secondly by way of Arbitration. Such damages will be limited to the booking fee.
Yachting Education shall not be responsible for any injury, illness, death, loss (including enjoyment), damage, expense, cost or such other claim or expense of any description whatsoever which results from any part of the following;
(a) The act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or the act(s) and or omission(s) of a third party not connected with the provisions of your course and which were unforeseeable or unavoidable or ‘force majeure” as defined in clause (9) above (b) Yachting Education cannot accept responsibility for any service which does not form part of the original contract. This includes any additional service, act, event or facilities which are ancillary to our contract and not inherently part of our obligations.
(c) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred, will be used as the basis for deciding whether the services in question had been properly provided with all due care and appropriate skill. (d) As set out in these Booking Conditions Yachting Education shall be limited to a maximum liability of the full Booking Fee paid by the booking holder.
It is hereby understood that each and every booking holder shall be liable for the their own behavior on board the vessel any damage or loss which occurs onboard shall become the responsibility of the student to rectify. Such loss shall be established and appropriate restitution shall occur prior to the student’s departure from the course.
Each student shall have consideration for their behavior and those of fellow students. If in our opinion or any other person in authority, you or any member of your party behaves in such a way as to cause or likely to cause damage, loss, upset or distress to any third party, yachting education and or its agents shall be entitled without notice to terminate the contract and have one or all of the offending party removed from the course. Such termination shall forfeit all rights and monies paid by the booking holder. Yachting Education shall not be liable for any subsequent travel expenses or travel costs incurred by the removed person(s).
12. Third Party Suppliers
Yachting Education relies upon the services of many independent third party suppliers who operate in accordance with their own term and condition. Some of these conditions may well be outside those preferred by then Booking Holder and are beyond the scope of this contact to control or resolve.
13. Special Requests
Any special request you require must be in writing at least two weeks prior to your course commencement. Although we will endeavor to satisfy every request Yachting Education cannot guarantee the full performance and execution of every written request. Failure to meet such a request by Yachting Education and/or its suppliers shall not constitute a breach of the Booking contract.
14. Medical Condition
As part of every booking you are required to complete a medical questionnaire and provide any and all medical conditions, treatments, disbilities and ailments which may affect your ability to
perform the tasks required onboard. You are also requested to provide us with any and all medications you are presently taking and or should take in the event of any medical condition which may arise during your course. Furthermore you undertake to advise yachting Education should any of the above circumstances change leading up to your course commencement.
Yachting Education reserves the right to amend, change, cancel or withdraw any booking which based on the medical conditions may adversely affect the successful completion of that course. If the company and/or its agents do not believe the needs of the individual(s) can be appropriately accommodated, such booking shall be withdrawn and the booking fee refunded subject to clause (7). If a full disclosure has not been made at the time of booking and the instructor feels the circumstances are warranted then the student shall be removed from the course and no refund shall be applicable.
15. Excursions and 3rd Party Activities
We may provide you with information about activities and excursions which are available in the area you will be visiting. We have no involvement in any such activities or excursions operated by third (3rd) party providers and as such we cannot guarantee the validity or authenticity of any external entity.
16. Travel Documents
It is the Booking Leader’s responsibility to ensure each and every member of their party has the appropriate travel and health documents prior to departure. All cost incurred in obtaining such documentation shall be borne by the booking party. Yachting Education cannot be responsible for any party member who is refused entry into any country due to lack of proper documentation. Such failure and subsequent fines, charges and expenses in rectification shall be borne by the booking holder.
17. Personal Exertion
Each booking holder acknowledges they are entering into an adventurous and strenuous environment. Yachting Education agrees to provide services in accordance with the booking conditions however all parties acknowledge that physical exertion and the potential for fatigue, exhaustion, illness and accident are inherent parts of a sail training environment. Students hereby agree to hold harmless Yachting Education from any physical ailment which may affect them during and subsequent to their time on the course.
18. Sleeping Accommodation
Bookings are generally taken on a double occupancy basis. A surcharge will be required for an individual who requires a private cabin. Yachting Education cannot guarantee or warrant that
double occupancy arrangements will be made with same-sex students and students acknowledge they accept this situation at the time of entering this contract.
Where any party wishes to lodge a complaint about any aspect of the Yachting Education sail training experience, he/she shall be invited to do so either by telephone, email or regular mail. Where an individual requires specific compensation or claims for damages, such claim shall be in accordance with clause (10 d). Students are also at liberty to take each and every complaint to the Royal Yachting Association http://www.rya.org.uk/contactus/Pages/Complaints.aspx
20. Data Protection.
The above information including questions as to your health and ability will be used by Yachting Education to process your booking for the course (including payment processing) and for attending to your safety wilst you are a Yachting Education Course. Names and addresses of candidates for Yachting Education courses shall not be shared with any third party with the acception of the RYA.