Terms and Conditions
You & Sea Ltd
Terms and Conditions
“Company” means You & Sea Ltd. and/or You & Sea Marine Services Ltd. The two companies contract together to provide the training facilities and often students from both companies will be on the same course. The company shown on the booking form or the invoice shall be the company with which the Client is contracting and the “Company” within the Contract definition.
“Booking” means the booking by a Client of any Training Course offered by the Company either via the online booking system, telephone, email or in person.
“Team Member” means any employee, coach, instructor (freelance or otherwise ) or contractor that is employed or contracted by the Company.
“Client” means the person, persons or company named on the Booking Form or website form. In the case of more than one Client, the Clients shall be jointly and severally liable under this Contract;
“Booking Confirmation” means the written confirmation by the Company of a Booking made by telephone, website or e-mail.
“Booking Form” means the form or medical form carrying the Client details (online or in writing).
“Contract” means the entire contract between the Company and the Client as contained in these Terms and Conditions, the Booking Form, Medical form and/or any Booking Confirmation.
“Training Course” means any training course run by the Company.
“Price” means the price for the booking set out on the Booking Form, quote or website and any Booking Confirmation.
“Deposit” means the deposit paid for a Training Course by the Client at the time of Booking and is non-refundable in the event of cancellation.
“Classroom” means the dry teaching area used to run the shore based Training Courses
“Terms and Conditions” means the terms and conditions set out below.
"Expenses" means any flights, travel arrangements, accommodation expenses, subsistence and other travel expenses.
1 BOOKING AGREEMENT
1.1 The Company reserves the right to decline any Booking at its discretion.
1.2 A Booking is made in the name of the Client specified in the Booking Form and is not transferable to another person unless notified on the Booking Form. Refunds will not be made where inaccurate data has been entered into the Booking Form.
1.3 Booking in advance is necessary to reserve a Team Member, classroom or vessel for specific dates and for certain Training Courses, a Deposit must be paid at the time of Booking. This is non-refundable in all circumstances except where a Training Course is cancelled under clause 3.2.
1.4 The Company may at its discretion hold open a Booking for Training Courses for a maximum of two (2) days but if payment has not been received by the end of the period a Booking will cease to be held open.
1.5 The Client consents to any photos and videos that are taken of the Client during training being used in publicity material/websites/social media. The Client agrees that Copyright is owned by the Company.
1.6 The Client consents to any feedback given to Company being used in these same places.
1.7 For certain water based Training Courses, the Client will be provided with equipment such as waterproofs, lifejacket etc. and is responsible for their safe return at the end of each day. If loss or damage to any item beyond normal use is incurred the Client will be liable for the replacement cost of the item.
2 AGE LIMITS AND UNSUITABLE CLIENTS
2.1 The Client must be aged 18 or over and have a fitness level appropriate to the Training Course being provided.
2.2 The Company at its discretion may allow individuals under 18 years old to participate in certain Training Courses. Please note that Clients under sixteen (16) years old may only be issued with an endorsed practical certificate and are unable to gain an 'authority to operate'.
2.3 Where a Training Course is booked by a group, the Client must provide full details of all persons in their party and each member of the party must complete a medical declaration form and return it to the Company prior to commencing the Training Course.
2.4 The Company may at its discretion cancel any Bookings made in contravention of Clauses 2.1 to 2.3 before or at the start of the Training Course. In this event, the Company shall retain the Deposit and any balance of payment will remain due unless the Company is able to re-sell the spaces. If the Company is able to re-let, (and provided that the Client is not in breach of any other conditions) the Balance shall no longer be due.
2.5 The Company may at its discretion cancel the Booking and refuse to allow any Client or group to participate in a Training Course, 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 Company.
2.6 If a Booking is cancelled pursuant to Clause 2.5 the Company shall retain the full fee for the Training Course.
3 CANCELLATIONS AND CHANGES
3.1 The Contract may not be cancelled or amended except as provided in these Conditions and Terms.
3.2 The Company reserves the right to cancel any Training Course at any time where a) the minimum course numbers are not reached, b) there is equipment or vessel failure, c) illness or unavailability of a Team Member or d) any other event or circumstance which prevents the Company from running the Training Course. In such circumstances all deposits and balance paid will be refunded.
3.3 In the event of adverse weather conditions, including floods, storms, strong winds or unforeseen circumstances, shortage of water, non-availability of fuel, flight cancellations or delays preventing the conducting of a Training Course the Company shall offer alternative dates to the Client to complete the Training Course without additional charges.
3.4 In the event of cancellation by the Client of a Booking where Training Course is due to take place more than twenty-one (21) days before the scheduled date of the Training Course, the Client shall be entitled to a refund of 75% of the Training Course fee. If the Booking is cancelled less than twenty-one days before the scheduled date of the Training Course, the Company shall not offer a refund for the Deposit or any subsequent balance paid. If the balance due has not already been paid in accordance with the Booking Form, the Client will be liable for any outstanding balance due.
3.5 For courses away from our premises or overseas and in the event of flight cancellations, delays, air traffic control /airport strikes, industrial action, weather, civil unrest where the team member/s are unable to return to the U.K. from the training location, the Client will assist the Team Member/s with accommodation and sourcing alternative travel arrangements.
3.6 RYA Interactive Training Courses are not refundable.
4 PRICE AND PAYMENT
4.1 The Company reserves the right to regularly review and amend the Price of the Training Courses, displayed on the Booking Form and on the websites of the Company at www.youandsea.com and to offer discounts to encourage Training Courses reach the requisite minimum Client numbers for a Training Course.
4.2 Any written quotations given to prospective Clients shall be valid for fourteen (14) working days from the date of enquiry.
4.3 For certain Training Courses a non-refundable deposit is required. This is defined within the booking system and is a condition of Booking.
4.4 For Training Course gift certificates, the full payment is required at the time of purchase.
4.5 Mileage rates will be charged at £0.50/mile in addition to the Course fee if the training course takes place away from the Company premises in Rhu.
4.6 Where the Company has been requested to arrange an external trainer or examiner as part of the Training Course for overseas courses, the costs thereof are in addition to the stated cost of the Training Course.
4.7 Where a Training Course is booked to be run elsewhere than our premises in Rhu or overseas, the Client will be liable for the associated expenses; including but not limited to: subsistence (£40 p/day per Team Member, mileage to/from the departure airport, airport parking, return flights including 1 x checked bag per staff member; car/taxi travel to/from the airport to the non-UK training location; hotel accommodation within a reasonable distance from the training location, travel and any additional insurance costs. Where an examiner or trainer is provided, all the costs listed in this clause shall apply to these parties as well.
4.8 Certificate fees, Assessment fees and Training Course books/packs will be included in the Training Course Price on Training Courses based at our training centre based courses but chargeable separately on on-boat or overseas Training Courses.
5 MAINTENANCE
5.1 The Company undertakes regular checks of the equipment used for training tuition in accordance with the manufacturers’ recommendations.
5.2 In the event of any of the Company equipment suffering mechanical breakdown, technical difficulties or malfunction the Company shall take all reasonable steps to enable the completion of the Training Course.
5.3 The Company shall not be liable for any consequential loss or damage that the Client(s) may suffer as a result of such breakdown/malfunction. Subject to Clause 3 any refunds are at the Company’s discretion.
6 INSURANCE
6.1 The Company and its Team Members are insured for employers’ liability, public liability and professional indemnity for its operations.
6.2 The Company's insurance does not cover personal accident, loss or damage to personal or business effects. Clients are advised to take out their own insurance cover.
7 USE OF CLIENT’S FACILITY AND/OR VESSEL
7.1 Where a Training Course is being given in a location not occupied or owned by the Company, the Client shall indemnify the Company and all its Team Members in respect of all costs, claims, expenses and demands which it may suffer or incur and which arise directly or indirectly out of the use of the facility during the period of tuition. The Client confirms that the facility meets HSE workplace requirements and that all equipment has been regularly serviced/maintained in accordance with the manufacturers’ recommendations, full insurance is in place for the period of tuition and all appropriate safety equipment is in place.
7.2 The Client is legally responsible for the vessel/s at all times, including when under tuition. The Client remains the skipper and legally responsible for the safe management of the vessel/s at all times including when under tuition and will not hold the Company or its Staff responsible for any loss of damage. The Client shall indemnify the Company and all its Training team/staff in respect of all costs, claims, expenses and demand which it may suffer or incur and which arise directly or indirectly out of the use of the vessel/s during the period of tuition.
7.3 Refunds will not be issued due to a Training Course not being completed due to equipment failure of a Client's vessel/s, equipment or facilities.
7.4 The Client confirms that the vessel/s meet the required safety standards and that all equipment has been regularly serviced/maintained in accordance with manufacturers recommendations and all appropriate and required RYA safety equipment is in place as per http://youandsea.com/rya-basic-safety-equipment-for-own-boat-training
7.5 Where marina fees/ short stay charges / launch and recovery fees are incurred these are the responsibility of the Client.
8 RYA INTERACTIVE TRAINING COURSES
8.1 The Company shall not accept liability for technical issues/problems with the RYA interactive website (www.ryainteractive.org) causing delay, loss of information, damage or loss of any nature whatsoever sustained by any Client.
8.2 RYA Online/eLearning Training courses will not be refunded due to incompatibility between the RYA interactive operating system and the user/purchasers operating system. You must ensure that you check the details on this website / the RYA interactive website for details on compatibility and download the 'taster' course to ensure compatibility before payment.
8.3 RYA Online Course discounts - Where discounts have been given when combined with the purchase of an RYA practical course should the client cancel the practical course and request a refund, the discount for the online course will no longer apply. The online course discount will be deducted from the practical course fee refund.
8.4 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.
8.5 Your name and email address will be entered on www.ryainteractive.org 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 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.
8.6 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
8.7 A maximum of 1.5 hours individual contact time (via email/Video conferencing) with an RYA instructor is included in the course fee.
8.8 RYA Interactive training courses and tests must be completed within a period of no more than twelve (12) months from the date of registration, after which point the account may be deleted.
9 E-LEARNING TRAINING COURSES
9.1 E-Learning theory courses for Day Skipper and Coastal skipper/Yachtmaster Offshore are facilitated by us through Ardent Training and are subject to their terms and conditions ( ardent-training.com ). We retain no liability whatsoever for the training course provided.
10 GIFT VOUCHERS
10.1 Gift Vouchers are valid for 12 months from the purchase date. Vouchers are redeemed by emailing or calling You & Sea to agree a mutually viable Training Course date. Gift Vouchers are non-refundable in any circumstances but are transferable to another person. Minimum ages for all Training Courses apply.
11 LIABILITY
11.1 The Company shall not accept any liability for death, personal injury, damage, expense or loss of any nature whatsoever sustained by any Client, other than in the case of proven negligence of the Company or its Team Member.
12 CLIENT’S PROPERTY
12.1 The Company will be under no liability for any loss of, or damage to vehicles or contents of the Client’s or other people’s property, in the classroom/facility or elsewhere, or howsoever caused, except by the Company’s negligence or the negligence of those for whom the Company is responsible. Clients are particularly advised not to leave any valuable or portable items in any vehicles.
13 COMPLAINTS
13.1 In the very unlikely situation that you feel a complaint is needed then please speak to the instructor who is running your Training Course. If the outcome is not satisfactory then please escalate to:
· Euan Carruthers, Director and Principal will arrange to speak to you privately.
· If the outcome is still not satisfactory to the customer, or Euan was the instructor, then Lesley Carruthers and Max Carruthers are two Company directors who are not involved with the day to day running of the business. Lesley and/or Max will arrange a suitable time to meet you.
· If a satisfactory agreement cannot be reached, the complaint can be referred to one of the following depending on the party under whose auspices the Training Course is being run:
o Royal Yachting Association (RYA) for arbitration if an RYA course (or you can raise a complaint directly to: training@rya.org.uk.)
o MCA
o Highfield
o Or where there is no regulating party to a mutually agreed independent arbiter
14 BREACH
14.1 In the event that the Client commits any breach of this Contract the Company shall be entitled, but without prejudice to any other rights or remedies which it may have, to terminate the Client’s Training Course without notice and to make a reasonable charge for time spent. No right of the Company shall be waived except in writing by a duly authorised representative of the Company.
15 DATA PROTECTION
15.1 We are totally committed to protecting your data and the Company is registered with the Information Commissioner's Office. We seek to only retain the minimum data to provide out training service to you as the Client. For certain courses this includes medical and dietary information. Certain data must be retained long term in accordance with the provision of any certificate authorising body such as the RYA, MCA etc – otherwise non-essential data is deleted as soon as possible. Our full data policy is available on request.
16 LAW
16.1 The Contract shall be governed by and construed in accordance with Scottish law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.