PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY ARE PART OF YOUR CONTRACT WITH THE CLUB AND CONTAIN LEGAL OBLIGATIONS AND LIABILITIES OF THE MEMBER
In the Contract:
“the Booking” means the booking by a Member of an RYA Course;
“the team member” or “staff” means any trainer, coach or instructor, freelance or otherwise that works with the Club;
“Freelance” means any self-employed trainer, coach, instructor or person;
“the Booking Confirmation” means the written confirmation by the Club of a Booking made by telephone, website or e-mail;
“the Registration Form” means the form or medical form carrying the Member/students details (online or in writing);
“the Club” means Aylesbury Sailing Club;
“the Contract” means the entire contract between the Club or Team member and the Member as contained in these Terms and Conditions, the Registration Form, Medical form and/or any Booking Confirmation;
“the Course/s” means the Training Courses, offered by the Club, Team member/staff;
“the Course Fee” means the full payment made for classroom or practical course by the Member at the time of Booking;
“the member” means the person, persons or Club named on the Registration Form or website form whom must be a member. In the case of more than one Member, the Members shall be jointly and severally liable under this Contract and must all be members in their own right;
“the Price” means the price for the booking set out on the Registration 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, practical or personnel training courses run by the Club or Team member.
2. BOOKING AGREEMENT
2.1 The Member acknowledges that no statement or representation, expressed or implied, which may have been made by or on behalf of the Club induced the Member 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 Member specified in the Registration Form and is not transferable to another person unless notified on the Registration Form, refunds will not be made for online courses due to inaccurate data being entered into the Registration Form.
2.3 The Club 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 for specific dates and full payment made at time of booking. The Club may at its discretion hold open dates for Courses for a maximum of fourteen (14) days but if payment has not been received by the end of the agreed period the places will cease to be held open.
2.5 Any booking that has not received payment within 14 days may cease to be held if another booking for the same course is made and spaces are restricted. Any booking that is ceased in this way will be notified within 24 hours of their booking ceased.
3. AGE LIMITS AND UNSUITABLE MEMBERS
3.1 The Member must be aged 8 or over and physically fit for all courses unless otherwise detailed on the course information page on this website.
3.2 The Club, Team member/staff at its discretion may allow minors under eight (8) 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’ for any powerboat courses.
3.3 The Club reserves the right to refuse to allow any Member, 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 Member must provide a Registration Form for all persons in their party, each member of the party must complete a Medical declaration form and return it to the Club prior to commencing the Course.
3.5 The Club 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 Club shall retain the full course fee and any balance of payment will remain due unless the Club is able to re-let. If the Club is able to re-let, (and provided that the Member is not in breach of any other conditions) the Balance shall no longer be due.
3.6 The Club may at its discretion cancel the Booking and refuse to allow any Member 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 Club or Team member.
3.7 If a Booking is cancelled pursuant to Clause 3.6 the Club shall retain the full course fee.
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. Should you wish to opt-out of any photos or videos being taken this must be clearly indicated on registration form.
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) Days prior to the Training Course or event.
4.3 In the event of cancellation by the Member of a Booking over twenty-one (21) days before the Training Course, the Member shall be entitled to a full refund of any course payment paid excluding expenses. If the Booking is cancelled between twenty-one (21) and fourteen (14) Days before the Training Course the Member shall be entitled to be refunded 50% of the Course payment paid. If the Booking is cancelled less than fourteen (14) Days before the Training Course, the Club shall not offer a refund, (unless the cancellation is due to a medical condition specified on the Registration Form).
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 Club or Team member shall offer a full refund of the course price if alternative dates are not agreed with the Member.
5. PRICE AND PAYMENT
5.1 Neither the Registration Form nor the Booking Confirmation is a VAT invoice; a VAT invoice cannot be provided as The Club is not VAT registered.
5.2 The Club reserves the right to regularly review and amend the Price of the Courses, Team members, displayed on the Registration Form and on the websites of the Club at http://aylesburysailingclub.org.uk
5.3 Any written quotations given to prospective Members shall be valid for fourteen (14) days from the date of enquiry.
5.4 For all courses, at the time of Booking, full payment is required for the course fee and any membership due. Clause 2.4 and 2.5 is applied if payment is not made at time of booking.
5.8 RYA Certificates and logbooks are included in the course fee. For any additional books or teaching aids, this is in addition to the course fee unless stipulated on https://ayelsburysailingclub.org.uk
6.1 The Club 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 Club shall take all reasonable steps to enable the completion of the Course.
6.3 The Club shall not be liable for any consequential loss or damage that the Member(s) may suffer as a result of such breakdown/malfunction. Subject to Clause 4, any refunds are at the Club’s discretion.
7.1 The Club’s team members/staff and equipment are insured with £5 million for public and products liability, with £10 million cover for Employers Liability. This insurance has been taken out with Arthur J Gallagher and is a standard RYA Policy they offer. The Club’s insurance does not cover personal accidents, loss, or damage to personal or business effects. Members are advised to take out their own insurance cover.
8.1 The Club shall not accept any liability for death, personal injury, damage, expense or loss of any nature whatsoever sustained by any Member, other than in the case of proven negligence of the Club or its Team Members/staff.
9. MEMBER’S PROPERTY
9.1 The Club will be under no liability for any loss of, or damage to vehicles or contents of the Member’s or other people’s property, in the classroom/facility or elsewhere, or howsoever caused, except by the Club’s negligence or the negligence of those for whom the Club is responsible. Members are particularly advised not to leave any valuable or portable items in any vehicles.
10.1 In the event that the Member commits any breach of this Contract the Club 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 Club shall be waived except in writing by a duly authorised representative of the Club.
11.1 In the event of a Member raising a complaint regarding the Booking, delivery of the Course or regarding any Staff, this shall be handled by the Staff member running the course in the first instance.
11.2 In the event that the Member is not satisfied with the outcome as per clause 11.1 the Member has the right to raise the complaint to the Senior Instructor on site, this may also be the Chief Instructor, or directly to the Chief Instructor through email. The Chief Instructor acts as a duly authorised representative of the Club and will endeavour to resolve the complaint to a satisfactory outcome. The email for such complaints should be sent to firstname.lastname@example.org and be clearly marked as a Complaint
11.3 The Member has the right, should the Senior Instructor on site not resolve the complaint, to make a written complaint to the Principle/Commodore through email, copying in the Secretary. The Principle/ Commodore is a duly authorised representative of the Club. The email for such complaints should be sent to email@example.com and be clearly marked as a Complaint.
11.4 Should the complaint not be resolved by the Club at stage 11.3 the Member reserves the right to raise their complaint to the National Governing Body for Sailing and Powerboating, The Royal Yachting Association.
12.1 The Contract shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.