SailQuest Sailing School Student Terms and Conditions:
The following terms and conditions are important and govern the contract you are entering with SailQuest Sailing School on one of their vessels or whilst at the shore facilities.
SailQuest Co. Ltd.: Hereafter referred to as the Company.
Course: Sailing courses, leisure sailing and ancillary activities organized by The Company.
Client: A Person who has paid a fee and participates in a sailing activity organized by The Company
Booking your course.
1.1. All course participants must be employees or clients of The Company.
1.2. To secure your booking, the client should complete the required 25% non refundable deposit or the full booking fee.
1.4. Client deposit and course fee are non-transferable and non-refundable, if cancelled by the client.
1.5. If for any reason The Company does not accept your booking, any payment received will be returned.
1.6. The client booking is accepted on the basis that all details in respect of health and sailing experience information provided is true and accurate.
Prices and Payment terms.
2.1. Prices for courses are shown on the website www.sailingshoolasia.com and are available from the Company during normal working hours. These prices, all of which are inclusive of VAT (unless otherwise stated) are subject to change at any time.
2.2. A 25% non-refundable deposit is required to confirm the booking.
2.3. The balance, if any, of fees due, ’final payment’, is due on or before the first day of the sailing course/event/program If on the first date of the course the final payment has not been received The Company reserves the right to cancel the clients booking without any obligation to give you notice thereof.
Amendment and Cancellation by The Company
3.1. The Company reserves the right to cancel a course before commencement if hostilities, political unrest or other circumstances amounting to ‘force majeure’ occur or if for any reason it is impractical to hold the course. If events as outlined above occur, The Company will advise you and will offer you either an alternative course or a refund of monies.
3.2. Sailing is a sport dependent on the weather. The Company cannot be responsible for sailing time lost due to inclement weather. The Company will not be responsible for any expenses incurred if a course fails to finish on the date or at the place specified.
3.3. The Company reserves the right to provide sailing craft other than those specified on the website.
Amendment and Cancellation by the Client.
4.1. The Company will make every effort to assist you if you wish to alter any previously agreed arrangements. Requests must be made in writing and signed. Amendments are only effective on receipt of a revised confirmation from The Company.
4.3. In the event of a cancellation being notified to The Company more than 28 days prior to commencement of the course, all monies paid will be refunded with the exception of the non-refundable deposit. (clause 2.2)
4.4. In the event of a cancellation being notified to The Company less than 28 days prior to commencement of the course, the client remains liable for the full amount of the fees, and therefore no sums paid will be refunded. However, The Company will endeavor to sell the berth. If successful, in selling this berth and mitigating its costs then the client will only forfeit the deposit.
4.5. If the client books a course and fails to attend or leaves after the start of the course, the full course fee is forfeited.
5.1. The Company carries insurance to cover tuition, public liability and employer’s liability. A copy of the Company’s policy is available for inspection at the Company’s offices by any client. By accepting these terms and conditions, clients accept that The Company’s insurance cover is adequate and acceptable.
5.2. It is a condition of participation on any Company course that you maintain full comprehensive insurance cover throughout the period of the course.
5.3. RISKS NOT COVERED our insurance does not cover accidents occurring when using any form of private vehicle. Neither does it cover risks involved in journeys to and from SailQuest Sailing School location. You are strongly advised to purchase your own personal Holiday and Travel Insurance to cover such eventualities as cancellation, curtailment, loss of personal possessions, money and repatriation.
The Company Responsibilities.
6.1. Under no circumstances will The Company accept liability for loss of life, personal injury or illness where there has been no fault on the part of The Company, its employees or skippers. Further, The Company will not accept liability for loss of life, personal injury or illness where these occur because clients fail to carry out the instructions of The Company Principal or Instructors or employees.
6.2. The Company undertakes to pay all running expenses of the course including scheduled harbor and port dues, pilotage fees, fuel and gas and other accommodation/F&B expenses as noted in the course/event/program details. The Company does not undertake to pay any expenses incurred if the client chooses to go ashore or engage in other activities outside of the course/event/program details.
6.3. The Company also undertakes to use reasonable endeavors to fulfill the course/event/program within the planned period and to return the vessel to the home-port on the date and by the time specified on the booking confirmation. However, The Company is not liable for any loss incurred in the event that conditions beyond its control make this impossible to achieve.
6.4. The Company will attempt to give clients maximum sea time. However, if in the opinion of the instructor, weather conditions, safety or any if other consideration renders it imprudent, the instructor’s decision is final.
6.5. Course availability is subject to sufficient operating levels. Any booking affected by operating levels will be offered an alternative date, an alternative course or a full refund.
6.6. The Company will not be responsible for damage or loss of personal effects and property brought on the vessel or Company premises. The Company does not accept any responsibility or liability for any loss or damage incurred while attending a course.
6.7. A waiver by The Company of any of the terms and/or conditions herein contained shall not constitute a general waiver of such terms and/or conditions.
6.8. The only terms and conditions of agreement between The Company and its clients are those contained herein and a client is deemed to have accepted these terms and conditions by making a full or part payment for a course.
7.1. At the time of booking a course/event/program the client must complete and return the Health Declaration Form. This does not mean we cannot accept clients with health problems but must be informed of them. When any doubt as to whether the client is fit to undertake the course or not exists, we will accept a letter of certification from the client’s doctor. If the client is under 18 years a parent or guardian must sign the Health Declaration. If you fail to comply with these requirements you may not participate on the course and your fee will be forfeited.
7.2. The Company operates a strict policy of no smoking or use of illegal substances on its vessels; clients agree to adhere to this policy.
7.3. Any client on a course believed to be using or under the influence of non prescribed drugs, under the influence of alcohol, aggressive towards other clients or the instructor, abusive, racist, sexist or any anti social behavior will be asked to leave the vessel immediately, taken to the nearest port or landing point without refund or any liability to The Company.
7.4. Travel documents and travel arrangements to and from the booked course are your own responsibility.
7.5. The client is recommended have their own insurance.
7.6. The client is responsible for taking care of the vessel on which the course is conducted. In the event of damage being inflicted on the vessel then you are obliged to report details of the incident to your Instructor and the principal and at the earliest opportunity. The Company reserves the right to charge repair/replacement expenses for any damage sustained.
7.7. All sporting activities carry an element of risk of personal injury and clients accept that they undertake the course at their own risk. The Company is not responsible for any injury or damage that is caused to the client while on Company premises, accommodation, pontoons, ladders or vessels. All clients participate in courses at their own risk.
7.8. All clients accept that as an IYT accredited sailing school, where on courses where certification applies, certificates will only be issued at the end of the course and if, in the opinion of the instructor and principal, the client has achieved the required standard. The Company decision is final and shall be accepted by the client.
7.9. All clients accept that part of the course requires them to participate in cooking, cleaning, routine maintenance and related duties as required by the Instructor. All clients are required, at the end of the course, to participate in the vessel wash down and the cleaning of their cabin area.
7.10. Clients accept that The Company will not be responsible for damage or loss of personal effects and property brought on the vessel or Company premises.
8.1. Any complaint for any reason must be made initially in person to the on duty Instructor, and if unsatisfied in person to the principal if still unresolved in writing to the principal, whom will in turn reply within 2 days to acknowledge receipt. Then after investigation the principal will reply in writing within 14 days of date of acknowledgement.