Terms & Conditions of Business

 

 

Terms & Conditions of Business

 

In these terms and conditions the term “company” means Auckland Sailing School, its Instructors or any subcontracted person.  The term “you” shall mean the person(s) in whose name the course or own boat tuition is booked.  The term “course” is the course, assessment or any training activity that the company is providing.

 

  1. If the company is unable to meet any booking through circumstances beyond its control, you may be offered another booking at the company’s discretion. If the company is unable to offer you or you are unable to accept such an alternative booking, the company will refund any deposit or course fee paid to you.  The company’s liability is limited to this.
  2. The company will decide how and when any course is run and whether or not the course will go out onto the water. The company’s decision is final.
  3. Your place on a course is secured when we receive full payment.
  4. In the event of your wishing to cancel your place on a practical course the following terms apply:
    • Greater than four weeks’ notice: Course fee re-paid less $150 administration charge.
    • Between four and two weeks until your course: Full cost of course due unless places can be ‘re-sold’ in which case liability is limited to administration charge.  Whether we are able to re-sell your place may not become clear until the date of the course.
    • Less than two weeks’ notice: Full cost of course due.
  1. The company, its instructors or any subcontracted person do not accept responsibility for any loss, damage or injury suffered by you and/or your property and/or any other person(s) and/or their property arising out of or during the course of the activities whilst training and/or coaching and/or instructing and/or delivering unless such loss or damage or injury was as a result of an accident arising from the company’s negligence.
  2. The company will not be liable if any accident occurs when you or your crew act independently of any command and/or instruction we provide or to any accident attributable to you or any member of your crew being under the influence of alcohol or any drug, other than those medicines prescribed by a registered medical professional.
  3. You acknowledge that there are inherent dangers involved in sailing / powerboating and understand and agree to hold the company and its instructors and/or any subcontracted person free of liability in the event of an accident, death, injury or damage to person or property unless as otherwise provided for in paragraph 6 above.  Vibration that occurs as a boat moves across waves and wash can exacerbate existing medical conditions and you agree to advise the company of any relevant conditions.
  4. When you provide your own boat/personal equipment, tuition is provided on the following basis:
    • The vessel is insured by the you/owner for loss, damage and legal liability to third parties while being used for instruction purposes being provided by the company.
    • You remain the skipper and are legally responsible for the safe management of the vessel at all times (including when under tuition).
    • You undertake to secure the consent of the boats insurers to this agreement.
    • Incidental costs, including but not limited to marina fees/short stay charges, incurred are your responsibility.
    • You will ensure your boat is in an appropriate mechanical state for the course to be run. Where a course needs to extended due to delays resulting from problems with the vessel additional time will be charged at our standard rates.
    • You warrant that your vessel is well maintained, seaworthy and has suitable serviceable safety equipment on board for the duration of the course.
    • You warrant that any of your own equipment that you choose to use on a course (e.g. a lifejacket) are serviced in accordance with manufacturer’s recommendations and have been checked prior to attending course.
  5. The company will not be responsible for any bodily injury, loss, damage, liability or expense arising from any lack of maintenance or seaworthiness of which you were aware and/or should have been aware.
  6. If the company supply a vessel from a charter company to you for the conduct of an examination, you are liable for the costs of up to $3500 for any damage or loss caused to the vessel, being the excess on the company’s policy. Any costs over and above this will be met by insurance.
  7. You and/or or anyone booking with the company and intending to obtain the International Certificate of Competence (ICC) are advised to check the RYA website (www.rya.org.uk) to ensure that you/they satisfy the RYA rules for eligibility for the issue of this certificate. The company cannot be held responsible if anyone  books a course with a view to subsequently obtaining an ICC but the RYA rejects their application.
  8. All courses require you to reach a certain standard at which the relevant certificate can be awarded. Certificates can only be awarded to those reaching that standard. If however for whatever reason further time is required to reach the standard the company  will create an Action Plan to help you achieve the award and advise a cost.
  9. You consent to any photos and videos that are taken of you during training being used in publicity material/websites/social media. You also consent to any feedback given to the company being used in these same places.
  10. Complaints procedure: In the unlikely event that you are concerned with any aspect of your course please raise your concerns initially with the instructor(s).  If this does not resolve the issue, then please write to the Centre Principal Phil Bishop.  If you do not consider the issue resolved at this stage, please contact RYA Training directly.  https://www.rya.org.uk/about-us/contact-us/comments-and-complaints.

 

Updated 1st June 2024