BH Marine UK LLP Terms and Conditions
1.1 The following terms and conditions will be incorporated into every contract between BH Marine (UK) LLP (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.
2.1 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 BH Marine (UK) LLP or payment by BACS or direct Bank Transfer as detail in the invoice.
2.2 For deliveries we take an advance (which will be discussed via email) up front to cover our expenses. For tuition we take full payment up front due to imparting knowledge to you.
2.3 All bookings have to be companied by a health declaration form and on the day should we be on the water teaching / sea trial / delivery at sea then a completed safety briefing document will need to be signed.
2.4 Students should ensure that they are physically able to take part in the course. Any pre-existing medical conditions must be declared at the time of booking. Details of any medication being taken must be recorded on the booking form and the Instructor must also be informed at the time of boarding/commencement of the course. Failure to comply with this clause will invalidate any claim against BH Marine UK LLP arising from any medical complaint not previously disclosed.
3. CANCELLATION BY US
3.1 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. BH Marine will not be responsible for any other costs.
4. CANCELLATION BY YOU
4.1 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 via email to email@example.com. 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 / delivery / charter / tuition commencement. If you cancel within 30 days of 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 £100.
5. TIME LIMITS
5.1 If you have booked a course / delivery/ charter or tuition with us and the invoice is fully paid with dates in the diary and there are delays on your behalf for any reason whether it is ill health or work related or the weather has stopped us completing the course, you must write to us on email to firstname.lastname@example.org so that we can agree terms to rearrange and if we agree there will be a limit of 6 months to re schedule or take the course. After the 6 months no dates will be allocated and no refunds will be due back to you.
6.1 It is strongly recommended that YOU are able to swim. Non-swimmers should notify the skipper of the fact.
7.1 BH Marine (UK) LLP (BEN HARRIS) is insured to skipper / deliver and teach on other boats, on the condition that the vessel is insured by the owner/s and is in fair and reasonable condition. We are not responsible for damage or loss of personal effects, death or personal injury, unless it is proved in a Marine British High Court of law to be negligent.
7.2 The client acknowledges that there are inherent dangers involved in sail/ power / motor 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.
7.3 BH Marine has a full employees liability cover for the school and for deliveries.
7.4 BH Marine UK LLP strongly recommends you take out travel Insurance to cover your loss of gear, medical expenses or cancellation due to your own issues or the weather.
7.5 It is the responsibility of the owner of the vessel to inform their insurance company that they are receiving instruction or having the vessel delivered by a professional Skipper and wishes the insurance to cover the Skipper, and his/her liabilities, for the duration of his/her time on board. It is a condition of this booking that the owner of the vessel is in command of the vessel at all times. By signing the declaration below, you accept to comply unconditionally with this clause
8. OWN BOAT TUITION OR DELIVERY
Tuition / delivery are provided on the following basis:
8.1 The vessel is insured by the owner/s for loss, damage and legal liability to third parties.
8.2 The owner undertakes to secure the consent of the insurers to this agreement.
8.3 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 (UK) Marine LLP at a discounted fee if required.
8.4 BH Marine (UK) LLP is not responsible for any mechanical / electrical or hull breakdown on board the vessel on delivery or during own boat tuition. If there is a fault with the vessel and / or a number of days to set up prior to a delivery or own boat tuition and additional days required there will be a further charge of £270 a day plus expenses and VAT.
8.5 Estimates are based on facts obtained on the day of estimation and assumes fair weather and a mechanically sound vessel. Flights, hotels, trains, taxis, and fuel prices may vary depending when the delivery / own boat tuition commences. Expenses are to be paid in advance prior to delivery starting.
8.6 An itemised invoice will be presented after the delivery with details of expenses which have to be paid for on top of delivery / crew fees plus the vat. If a credit is due back to you then a refund will happen straight away.
8.7 If there are additional days required due to client delays of any kind then this is also chargeable at the above rate mention in 8.4.
8.8 When instruction is requested during deliveries if the time in transit or prevailing conditions is such that not enough of the course syllabus can be covered, BH Marine UK LLP reserves the right to withhold the relevant certificate until course completion is achieved. Any additional days instruction required will be charged at the standard daily rate mentioned in 8.4.
8.9 BH Marine UK LLP may, in its absolute discretion, elect to terminate the Delivery before the Vessel reaches the Delivery Port if the Delivery is delayed by any of the reasons set out in 8.4 and 8.5.
9.0 INTERACTIVE ONLINE COURSES
9.1 Courses run through our school direct with the RYA are for the PPR, VHF, Essential Navigation and CEVNI Tests only.
9.2 Day Skipper through to Yachtmaster and Ocean theory courses delivered by our associates skippersonline.net, a RYA Recognised Training Centre specialising in online training is between you and skippersonline.net, their terms and conditions are towards the end of this form, please tick this blank __ to confirm you agree to their terms below or click on this link here https://www.kippersailing.co.uk/about-1/t-cs/
10.1 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
11. FORCE MAJEURE
11.1 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
12.1 You shall not assign the benefits of this agreement to any third party.
13. SKIPPERS DECISIONS
13.1 Decisions made by the Skipper / Captain are final in respect of the safety of the vessel and the well being of the crew. In exceptional circumstances the Skipper / Captain 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.
14. DATA PROTECTION
14.1 BH Marine UK LLP will not pass or sell on any of your personal details to any third party with the exception of the Royal Yachting Association for the purposes of certification registration only. By making a booking with the school you will be added to our mailing list to receive latest news and offers, you will have the opportunity to opt out if you wish via these mailings. The School will hold your personal details on a secure server in order to keep information regarding your past and future bookings. Students Completing a course via ryainteractive.org: To enable access to your online course we need to share some of your personal data with the RYA via your user profile in www.ryainteractive.org. This learning management website is hosted and maintained by a third party called Learning Pool, who will not use your personal information for any reason other than enabling your course. Your name and email address will be entered on www.ryainteractive.org in order to create your user account. On your first access to the site, you will be asked to enter your address and date of birth. You will have access to the site for one year in order to complete your online course. During this period, your personal information will be held on the website by Learning Pool and be available to this training centre and the RYA for the purpose of managing your course. Instructional support will be provided by this training centre for a period of 1 year from the date of your course booking. On completion of your course, your name, email, date of birth and address will be transferred to the RYA’s central database for the purpose of recording details of the course and any certification you gain as a result of it. This information allows the RYA to record your certification, to update any records they may already hold about you or your qualifications and to verify your certificate if required. After one year from the date of your enrolment on the course, your user account will be removed from www.ryainteractive.org. Full details of how the RYA will deal with your personal information will be displayed when you first access www.ryainteractive.org
15.1 Any claim arising from or in connection with this Agreement to be brought by one party against the other shall be brought within six months of the completion date of the course or delivery, failing which such claims shall be time-barred.
16.1 The invalidity in whole or in part of any clause in this Agreement shall not affect the validity of the remainder of such clause or this Agreement.
17. COMPLAINTS PROCEDURE
17.1 You can make a complaint by contacting Ben Harris (BH Marine (UK) LLP) by writing / emailing us within 28 days from the end of the course / delivery or yacht management project. Complaints received after this date will be invalid.
17.2 Our preference is always to deal with your complaint on a person to person basis by phone immediately on the day, but, if you prefer, we will deal with your complaint at any stage through e-mail or letter within a further 30 days. We treat all our customers fair and reasonably and have a log / records of emails, texts, calls made and received. This does not affect your right to provide feedback on the forms provided by BH Marine UK LLP
BH Marine (UK) LLP – Version – 04/05/2018
Registered Office: 7 Kings Street, Weymouth, Dorset. DT4 7BJ. U.K.