Poole Harbour Sea Survival - Terms and Conditions
Our terms and conditions are as follows (Dec 15):
Your contract is with (the Company) Poole Harbour Sea Survival (PHSS) and the following terms and conditions will be incorporated into every contract for both yourself (the Client) and each person in whose name or group name is on the booking is made. The client accepts the terms and conditions. English Law governs the contract and you agree to submit to the jurisdiction of the English courts.
General. The company will decide how and when any course is run and whether or not the course, delivery, own boat tuition will go out onto the water. The company’s decision is final. Clients provided with equipment such as waterproofs etc are responsible for their safe return at the end of each day. Damage to any item beyond normal wear and tear may render the client liable to either pay for the item in full or to pay an amount to the company as compensation (as determined by the company). Course enrolment does not mean that you automatically receive certification. Students will be trained and debriefed to ensure everyone achieves their potential on the course, but this may not mean that they receive certification. We welcome feedback, positive or not, as it is an opportunity to improve. Initially, please voice any concerns at the time to the instructor or Principal so that they can be quickly addressed. Individuals intending to obtain the International Certificate of Competence (ICC) are advised to check their eligibility by looking at the ICC form on our website or the RYA’s at http://www.rya.org.uk
2. Booking, Payments and Replacement Certificates
Bookings will be made on the booking form provided, which must be completed and returned with full payment for all one day courses or multiple one day courses booked. Other courses, training, charter, delivery or bespoke work, a 50% deposit is required. Any outstanding balances must be paid 28 days before the commencement of the course otherwise, we reserve the right to resell the place or planned date/s. No refund/s unless the company is given 28 days notice or the company cancels the course. Your place on a course is secured when we receive a completed booking form and full payment for the course, which has cleared the banking system. Telephone bookings are acceptable but must be followed by a booking form asap,email bookings including returned unsigned emailed booking forms which will be deemed by PHSS that the Client has agreed to the terms and condition having returned the form. Monies must be paid and cleared within five days of the booking to secure the booking otherwise, the booking cannot be guaranteed. In the event of the final payment being late PHSS reserves the right to cancel the Client course and the initial deposit 50% of the total course cost will not be refunded. Late payment/overdue accounts are subject to a service charge of 15% per day unless other arrangements are agreed. A replacement certificate will be a minimum of £25 per item, increasing depending upon the certificate type required, how many and postage.
3. Amendments to Bookings, Distance Selling - Click to expand and collapse
Any alteration to a booking must be made to PHSS and confirmed in writing/email. If acceptable, it will be actioned once written confirmation is received. Cancellation charges may apply. Notice of the Right to Cancel, Distance Selling; The client has a right to cancel the contract and this can occur by delivering, or sending (including by electronic mail) a cancellation notice to the PHSS Office address on the footer of this form or the email address used in electronic correspondence, at any time within the period of fourteen calendar days ‘cooling off period’ from making the booking. The notice of cancellation must be dated and is deemed to be served as soon as it is posted or sent to PHSS including electronic communication.
4. Cancellation / Attendance - Click to expand and collapse
PHSS reserves the right to cancel the booking at any time and will refund the Client course fee only in full, or PHSS will provide an alternative course date. No additional Client costs will be covered, no responsibility whatsoever will be accepted for client travel, accommodation, air fares or other costs associated with attending a course. Minimum attendance numbers for each course to run do apply, you will be informed if the booking could be or is cancelled and options offered. If the Client does not rebook any publications or goods sent by PHSS must be returned, postage paid for. Unreasonable use or wear and tear of goods or non returns will be deducted from any refund amount due. The Client must return any items within 14 days from the cancellation to the PHSS Office address. No refund will be made until goods are received and assessed. Clients may decide to keep the goods, which will be deducted from the refund total fee. In the event of a cancellation by the Client over 28 days before the commencement of a course any monies paid will be refunded minus 10% administration fee and publication fee/s. Cancellation less than 28 days before commencement of the course or failure to attend will not entitle the Client to any refund, unless the position can be filled, in which case a refund will be made equal to 50% of the total cost for RYA courses and 20% for MCA STCW 95 courses or for any other booking or service provided by PHSS. Cancellation must be made in writing, dated and sent to the PHSS Office.
5. Swimming - Click to expand and collapse
Non swimmers should declare so on the booking form and notify the instructor at the start of the practical boating or pool session.
6. Medical - Click to expand and collapse
The Client is asked to disclose any medical history or problems, which are likely to affect their physical welfare during the course. This does not necessary mean that the Client will be refused a position on the course, but PHSS would like to make provision to accommodate that condition if possible. The Client should confirm to the best of their knowledge they are not suffering from a heart condition, angina, epilepsy, diabetes, giddy spells, asthma, back problems or any other form of disability. If there is any doubt by the Client about their medical wellbeing and fitness, you should seek your GPs advice. Merchant Navy Personnel must hold a valid ENG1 for MCA STCW courses.
7. Liability - Click to expand and collapse
Completing any of the courses does not guarantee your ‘complete survival’ in the future. The company is not responsible for any injury or incident arising out of the use or misuse of the application of the information contained in the training course or material. The company shall not accept claims and shall not be liable at any time for claims or expenses caused by circumstances beyond its control including sickness, accident, travel delays, vessel breakdown, weather, strikes, war or civil unrest, Riots, Force Majeure, Act of Government or any occurrence whether similar or dissimilar outside the control of PHSS. All of the above must be covered by the insurance of the Client directly. Clients will compensate PHSS for any deliberate loss or damage to property of PHSS or associated schools, caused by them. The school is insured, however the client is strongly recommended to take out their own insurance against cancellation, damage or loss of personal effects, death or personal injury, travel and accommodation claims etc. The client acknowledges that there are inherent dangers involved in all sports, especially Powerboating / Motorcruising, watersports. working at sea, and understands and agrees to sign the booking form, holding the company, its servants, agents and employees free of any liability in the event of an accident, death, injury or damage to person or property, vessel breakdown or failure, equipment failure or breakdown.
8. Equipment - Click to expand and collapse
Where appropriate the Client is requested to provide their equipment for use during the training. This is done so at their own risk, PHSS are not responsible for the cleaning, servicing, maintenance, repair, replacement of such equipment.
9. Alterations - Click to expand and collapse
All details given about the course are given in good faith, but PHSS reserve the rights to provide alternative arrangements, if for any reasons such alterations are necessary.
10. Own Boat Tuition - Click to expand and collapse
Own Boat Tuition / Delivery is provided in that; The vessel is insured by the owner for loss, damage and legal liability to third parties. If the vessel is on delivery the owner authorise the company to skipper the craft and undertake to secure the consent of the insurers to this agreement. Own boat tuition will only be undertaken on a vessel owned by one of the people attending the course and the owner remains the skipper and legally responsible for the safe management of the vessel at all times (Including when under tuition) and does not hold the Instructor or PHSS responsible for any loss or damage. The vessel must be in seaworthy condition for the course / delivery. In the event that the course / delivery cannot be completed in the time booked, we will charge for any additional time required. The price and number of days quoted assume fair weather and no mechanical failure. Should a course or delivery be delayed for any reason the usual daily rate will be payable and any additional days will be charged at that daily rate.
11. Data Protection - Click to expand and collapse
Data Protection Act 1998. The above personal information including the questions as to your health and ability will be used by us to process your booking for the course and for attending to your safety whilst you are on one of our courses. We shall also include your name and details on our mailing list. If you do not want to receive details of future courses and events please tick here __. Names and addresses of candidates for RYA courses will be shared with the RYA for the purposes of registering your certificate; for STCW 95 fire fighting with our training provider or if requested by the MCA. If you object please tick here __. The data will not be shared with any third party for marketing or commercial purposes without first obtaining your explicit consent, ie sailing and FPOS medical course request.