Sea Master Course Booking Terms and Conditions
These Booking Conditions apply to any booking that you make with us and should therefore be read carefully. They contain some exclusions and limitations of liability. If any part of these Booking Conditions is found to be invalid or unenforceable, then the remainder of these Booking Conditions will not be affected and will remain valid and enforceable.
1. Your Contract
Your contract is with Sea Master UK, 15 Orsons Meadow, Shrewsbury, Shropshire, UK. When making your booking you guarantee that you have the authority to do so and accept on behalf of your party the terms of these booking conditions. A contract exists when you confirm your course booking. If we accept it we will reserve your course and send you a Booking Confirmation form. You should check the details of your confirmation carefully to ensure that it accurately reflects the booking you have requested and immediately inform us of any discrepancies. If the departure date of the course is less than 14 days from the date of issue of the Booking Confirmation Form this should be done within 24 hrs of that date. Otherwise we would expect a response and the Booking Confirmation Form returned within 7 working days. You should also send us the requested outstanding information by returning the completed form. This information forms part of the contract between us. This contract will be governed by English law and dealt with by English courts. However, if you booked your course in Scotland or Northern Ireland any disputes may be dealt with in the local courts in Scotland or Northern Ireland and will be subject to the law of those countries. By accepting this Contract you, the Lead Name, must be over the age of 18 and confirm that you and/or members of your crew are healthy and competent to sail in the conditions and cruising area of the course.
2. Your Course Price
The prices on our website are in GBP. Prices on this website supersede all other prices in other material printed at an earlier stage. Once you have made your booking and paid a deposit of 20% per person, the cost of your course will not be subject to any change. This does not apply to invoice errors or omissions. Once a booking has been made, offers and discounts cannot be applied retrospectively. The balance of the price of your course must be paid at least 4 weeks before your departure date. If the balance is not paid in time, we may cancel your course arrangements and retain your deposit.
3. If You Change Your Booking
If, after your booking has been confirmation, you wish to change your course arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes, but it may not always be possible. If you are unable to proceed with the course, you can transfer the booking to a substitute person, providing they satisfy all the conditions applicable to the original booking and your request is received by us at least 28 days prior to departure. Any request for changes to be made must be in writing.You will be asked to pay an administration charge of Â£20 per person and any further cost we incur in making this alteration. Please check whether your holiday insurance will cover any changes or increased costs resulting from a change. Should you request a major alteration within 10 weeks of departure date (such as a change of date or area) then this will be treated as a cancellation and re-booking. Clients wishing to add to a party after the initial booking will only be able to do so if sufficient course places are available. This should not be automatically assumed to be possible and you should ring the office to check first. The price of your course may increase or decrease to reflect the changes requested by you.
4. If You Cancel Your Course
You or any member of your party may cancel your course arrangements at any time. Written notification from the Lead Name or your travel agent on your behalf must be received by our office. Cancellation will be effective on the date which it is received by our office together with any booking documents already issued to you.
Note: If the reasons for your cancellation are covered under the terms of your insurance policy, you may be able to reclaim these charges.
Whole party cancellations accrue the following charges:
Period before departure within which notice of cancellation or major changes is received by us.
+70 Days Deposit only 70-42 Days 40% of total course 42-15 Days 60% of total course 14 Days and under 100% of total course
5. If we Change or Cancel Your Course
The arrangements for courses on our website are made many months in advance and it is sometimes inevitable that changes or cancellations may need to be made. We reserve the right to make such changes should they become necessary. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your course. For example, for some courses on our website a minimum number of people need to book to enable the course to take place. We shall assess whether the minimum number has been achieved and inform you as soon as possible. Occasionally we may need to make a major change which includes, but is not limited to, the following:
(a) A change of your Course Date
(b) A significant change of location
(c) A change of accommodation to a significantly lower standard
If we are unable to provide the booked course and have had to cancel them before the course is due to start, you can either:
(a) Accept our offer of a replacement course of equivalent or higher
quality (subject to availability)
(b) Accept our offer of a replacement course of lower quality (subject to availability) and we will refund the difference in cost
(c) Accept a full refund of the money you have paid.
If you accept a Major Change, or if we have to cancel your course then in addition to any refund, we will pay you as a minimum compensation in accordance with the amounts noted below. For children in respect of who reduced rates have been charged, credit/compensation will be paid on a pro-rata basis of the adult rate. If after you have travelled we have to make changes to your course and such changes prove to be significant, we will make suitable alternative arrangements and compensate you if appropriate. If it is impossible to make suitable alternative arrangements or these are not accepted by you for good reason we will return you to your point of departure.
6. Course Termination and Indemnity
You must accept responsibility for the proper conduct of yourself and any members of your party. Sea Master cannot be held responsible for under age consumption of alcohol. We reserve the right in our absolute discretion to terminate without further notice the course arrangements of any client who refuses to comply with the instructions or orders of the company staff, agent or other responsible person whose behaviour in their opinion is likely to cause distress, damage, danger or annoyance to other customers, staff, any third party or to property. Upon such termination our responsibility for your course ceases and we shall not be liable for any extra costs incurred by you.
Disruptive persons: The Skipper has authority over the vessel and passengers at all times when they are boarding or on board. He/she may prevent you from boarding if you are considered to be unfit to do so, or if you pose a danger to the vessel or passengers. The Skipper will exercise this right if, for example, you are found to be drunk before or after boarding, if you smoke on board or use threatening, abusive or insulting words or behaviour. In those circumstances, we may, at our reasonable discretion, terminate your course, and we will not be responsible for completing your course arrangements. Nor will Sea Master be liable for any refund, compensations or any other costs you have to pay.
7. If you have a Complaint
If you have a problem during your course, please inform the Instructor immediately, who will endeavour to put things right. If your complaint is not resolved here, please take it up with the school Principal as soon as possible. It is strongly suggested that you communicate any problem to our Principal, without delay and complete a customer feedback/complaint form whilst on the course. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on the course and we cannot be held answerable to complaints made at a later date.
8. Our Liability to You
Subject to the limitation of liability set out in the following paragraph, our liability to you for any loss or damage which you may suffer (other than personal injury resulting from the non-performance or improper performance of the services involved in the course) is limited to the price of your course. We accept responsibility for any death, bodily injury or illness caused to you as a result of the proven negligent acts and/or omissions of our employees, agents, suppliers and sub-contractors and their servants and/or agents while acting within the scope of, or in the course of, their employment. We also accept responsibility for any damage caused to you as a result of any failure to perform, or improper performance of the services we have agreed to provide to you, except where such failure or improper performance is not our fault or that of our suppliers because:
(a) Such failure is attributable to you or a member of your party
(b) Such failure is attributable to a third party unconnected with the provision of the services to be provided to you and is unforeseeable or unavoidable
(c) Such failure is due to Force Majeure. (See the Definitions section in paragraph 5.)
An event which could not be foreseen or prevented even with all due care.
In respect of transport by aircraft, ship, train, car or coach or as a result of the use or operation of any pleasure craft, the amount of compensation we will pay is limited in line with the Warsaw convention (transport by air), the Athens Convention (transport by ship), the Berne convention (transport by rail), the Geneva convention (transport by road), the London convention (applies to the use or operation of pleasure craft) and any other Conventions that might be applicable from time to time.
Sea Master accepts no responsibility for the acts or omissions of its clients whether negligent or otherwise and shall not be held liable for any claims made against them (or as a result of their actions) either by other clients of Sea Master or third parties. Sea Master does not accept liability for losses that were actually unforeseeable to those involved at the time of booking, losses that were not caused by any breach on the part of Sea Master or its supplier and any business losses or similar to the client as a result of unforeseeable circumstances.
9. Personal Injury unconnected with your booked Course Arrangements
If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your course arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs and benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to Â£5,000. If your claim is successful then you must repay the amount of any financial assistance we have given you as soon as you recover it.
10. Equipment and Yacht Insurance Cover
Our equipment and yachts are comprehensively insured. Sea Master cannot be held responsible for any loss which you may suffer as a result of the insurers failing to indemnify any risk through you providing incorrect information of previous sailing experience when requested. A refundable security deposit of Â£300, payable at the Sea Master base by credit or debit card, will be required to cover the excess for any damage incurred to the yacht or damage to or loss of ancillary equipment such as dinghy tender, outboard engine, windsurfer, ocean kayak, cruising chute and GPS. However, should damage or loss to yachts and equipment be caused as a result of not obeying Sea Master instructions, then he or she will be liable for the full amount of repair or replacement and any resulting costs. Adults will at all times be responsible for minors in their charge.
As with other activity based courses, watersports activities contain an element of risk. It should be understood that participation in these activities is your decision and at your risk. The skipper of a yacht has primary responsibility for the safety of the crew and craft at all times. Neither night sailing outside the designated cruising area nor partaking in any third party race is permitted without written approval from Sea Master.
In the interests of safety, Sea Masterâ€™s staff may order a change to your itinerary, decide whether or not conditions are safe to use a craft or make a passage. By accepting this contract you, the Lead Name is confirming that are capable and competent to sail in the conditions and cruising area of the course.
The Skipper is responsible for ensuring that he/she and the students are competent to undertake the planned itinerary. The Skipper must take note of safety information contained in any written material or delivered to the yacht and in chart briefings and is responsible for briefing the crew on this, the yacht and its systems. The skipper is responsible for checking the inventory and yacht systems before the yacht makes passage. Yachts may not be sailed single handed and the second crew member should be 18 years old, fit and healthy and have at least a basic knowledge of yachts.
12. What if my Yacht is not available?
Should your yacht not be available when you arrive through no fault of Sea Master (e.g. having been damaged by a previous client) Sea master may substitute another yacht if necessary of a different type and in a different area but of similar or larger dimensions and facilities.
Children will only be accepted onboard if they are healthy and under the supervision of a parent or guardian. We reserve the right to exclude a child if he or she is unwell. Children with special needs must be notified to our Reservations Department at the time of booking.
An essential part of the success of our brochures is using photography that gives clients a true idea of the product and photographers are occasionally in our cruising areas. If you have any strong objections to close up photography of yourself and your party, please indicate your feelings to the photographer at the time.
15. Website Accuracy
The website is prepared from information gathered prior to publication. Every care is taken to ensure that this information is still correct at the time of publication but it has to be remembered that facilities may be withdrawn from Sea Master and course particulars altered as a result. These circumstances are regrettably beyond our control and we are unable to accept liability.
Our Reservations staff are instructed to advise enquirers of amendments which the company regard as significant. Sea Master shall be entitled to make any modifications it feels appropriate to the routes, yachts and the equipment provided at any time, without prior notice. Our Reservations staff are often asked for information not contained on the website. However, whilst every effort is made to ensure that all information given is correct, Sea Master cannot however be held responsible if this should prove inaccurate, unless requested and answered in writing.
16. RYA Certificates
Sea Master Training Centre accepts no responsibility for Royal Yachting Association certificates being accepted or not accepted in any area of the world, apart from the UK. Any advice that may be offered by Sea Master is not guaranteed as being correct and should be confirmed by the client or student with the relevant authorities.
17. Data Protection
To ensure that your course runs smoothly, we need to use information such as your name and address, special needs, dietary requirements, etc. We will apply appropriate security measures to protect this data. However, we must pass it to suppliers of your travel arrangements, including airlines, hotels and transport companies. We may also supply it to security or credit checking companies, and to public authorities such as customs and immigration. If your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strict as in the UK. We will only pass data, including sensitive information regarding disabilities or dietary and religious requirements, to people responsible for your holiday arrangements. If we cannot pass this information to the relevant suppliers, in the EEA or elsewhere, we cannot provide your booking. When you make this booking, you consent to this information being passed to the relevant people. We can supply a copy of your information held by us; there is a small charge for providing this.
We may wish to contact you to get your feedback or to provide details of other products and offers from Sea Master or partner companies. If you would prefer not to be contacted, please email our website.