Terms and Conditions

CONTRACT The following terms and conditions will be incorporated into every contract between RDYC / BH Marine (US/WE) and the Client (YOU) By making a deposit/ full payment YOU will be accepting our terms and conditions both for YOU and for all members of your party. The contract will be construed in accordance with English Law and it is agreed that YOU and WE will submit to the jurisdiction of the English courts.

BOOKING

Bookings will be made on the form provided and must be accompanied by a full payment of the total cost stated on the invoice. Cheques made payable to Ben Harris (BH Marine LLP)

CANCELLATION BY US

We reserve the right to cancel the booking at such a time that if all other options are exhausted we will refund you all sums already paid or offer an alternative course date. If adverse weather prevents the start of or curtails the course / delivery, alternative dates will be offered but no refund made. Refunds are only limited to the course fee, no travel or out of pocket expenses will be refunded.

CANCELLATION BY YOU

You may cancel your booking at any time provided that the cancellation is made by the person who signed the booking form and is communicated to us in writing. Cancellation will be effective from the date it is received by us. As this incurs administrative charge of £100, we will retain your deposit if you cancel any time between booking and 30 days prior to course commencement. If you cancel within 30 days of course/ delivery commencement we will retain full payment to compensate for the days booked. If we can re sell your place then a partial refund will be made less the administrative fee of £50.

SWIMMING

It is strongly recommended that YOU are able to swim. Non-swimmers should notify the skipper of the fact.

INSURANCE

RDYC / BH Marine is insured to skipper / deliver and teach on other boats, including boat valet, on the condition that the vessel is insured by the owner/s. The owner / client will at all times remain as the skipper onboard during own boat training. We are not responsible for damage or loss of personal effects, death or personal injury, unless it is proved in a British court of law to be negligent. RDYC / BH Marine recommend you take out personal insurance to cover every eventuality.

The client acknowledges that there are inherent dangers involved in sail/ power boating and understands and agrees to sign the booking form indemnity holding the company and it’s instructors free of liability in the event of an accident, death, injury or damage to person or property.

OWN BOAT TUITION OR DELIVERY

Tuition / delivery are provided on the following basis: – The vessel is insured by the owner/s for loss, damage and legal liability to third parties. – The owner undertakes to secure the consent of the insurers to this agreement. – A client that seeks own boat tuition will be made aware of or sent a document detailing equipment required on the boat. It’s a condition of the booking that the client’s boat satisfies the conditions detailed. Safety equipment can be bought through BH Marine at a discounted fee if required.

- RDYC / BH Marine is not responsible for any mechanical / electrical or hull breakdown on board the vessel on delivery. If there is a fault with the vessel and additional days required there will be a further charge of £200 a day plus expenses.

LIABILITY

Subject to the terms of the Unfair Contract Act 1977 and save to the extent that such liability may not be lawfully excluded or qualified by reference to a contract term or otherwise in no circumstances whatsoever shall we be liable for any death, personal injury, loss or damage to you or your property

FORCE MAJEURE

Neither party shall be liable if prevented from fulfilling any of its obligations by any incident of Force Majeure including an Act of God, Strikes, Lockout, Act of Government or any occurrence whether similar or dissimilar

GENERAL

You shall not assign the benefits of this agreement to any third party.

SKIPPERS DECISIONS

Decisions made by the Skipper on the schools vessel are final in respect of the safety of the vessel and the well being of the crew. In exceptional circumstances the Skipper may instruct you to leave the vessel in which-case you will not be entitled to any refund of fee or reimbursement of any other expense.

COMPLAINTS PROCEDURE

You can make a complaint by contacting Ben Harris, (BH Marine / Royal Dorset Yacht Club) by writing to us within 28 days from the end of the course. Our preference is always to deal with your complaint on a person to person basis by phone, but, if you prefer, we will deal with your complaint at any stage through e-mail or letter.