1. CONTRACT

Your Contract is with "Bay Sea School Ltd." – referred to here as “we”, “us”, “our” or “the Training Centre”. Our Contract is with you, referred to here as “you”, “your”, ''they'' or “the Client” and means every person in whose name the course is booked.

 

2. HOW DO I BOOK?

Your place on a course is secured when we receive a booking request together with full payment for the course.

 

3. CONFIRMATION

Receipt of full payment confirms your booking.

 

4. CANCELLATION BY YOU

If you need to cancel the booking, you must do this in writing and it will be effective from the date that it is received by the Training Centre.

If you cancel more than one calendar month before the course, you forfeit only the administration fee of £50.

If you cancel within one calendar month of the course, you forfeit the full fee.

We suggest you consider your own insurance for this eventuality.

 

5. CANCELLATION BY US

If, through circumstances beyond our control it is necessary to cancel a course, we will tell you as soon as possible and do our very best to agree an alternative date with you. If this is not possible, we will return all payments to you on a pro-rata basis, without further liability to “the Training Centre”.

We reserve the right to curtail an activity at our own discretion if, in the opinion of the skipper/instructor, the vessel or anyone on board is endangered owing to poor weather or other circumstances. We are unable to reimburse travel, accommodation or other incidental expenses incurred by you as a result of this.

 

6. INSURANCE AND LIABILITY

The Training Centre is fully insured for instruction. The Training Centre, Principal, Instructors, assistants or helpers do not accept any responsibility for any loss, damage or injury suffered by any persons and/or their property arising out of, or during, the course of their activities whilst training, instructing or otherwise unless such loss or damage can be proven in a court of law to have been caused by, or resulted from, negligence.

For "Own Boat Tuition", the vessel must be; 1) insured by the owner for loss, damage and legal liability to third parties, 2) sound and fit for purpose, 3) adequately equipped and provisioned. The owner remains the skipper and legally responsible for the safe management of the vessel at all times (including when under tuition) and will not hold the instructor responsible for any loss or damage.

 

 

7. THE TRAINING CENTRE'S OBLIGATIONS

Adult life jackets will be provided. These must be worn at all times on the water. Due to the ongoing situation with Covid 19 we recommend that you use your own waterproofs. However, limited waterproofs will be provided if you do not have your own. You are responsible for their safe return at the end of each day. Damage to any item beyond normal wear and tear may render the Client liable either to pay for the item in full or to pay an amount (as determined by the Training Centre) in compensation.

We want to make maximum use of sea time so please be punctual; the tide will not wait for you! We will also try, to the best of our endeavours, to fulfil the agreed programme. However, we accept no liability if conditions beyond our control, e.g. the weather, make this impossible. If sea time has to be reduced because of weather conditions, safety or any other consideration, the instructor's decision is final.

 

 

8. YOUR OBLIGATIONS

Clients attending a course which involves going to sea, will be required to bring their own suitable warm clothing, waterproof trousers and jackets, suitable footwear, gloves, and sun protection. They must have a reasonable level of mobility to be able to transfer from the small powerboat to the yacht. We will also need to be notified of any relevant medical condition(s) and will require details of emergency contact telephone numbers. For the safety of everyone, it is important that clients accept that the skipper/instructor's word is final on all decisions (except the proviso contained in section [6] above concerning "own boat tuition").

 

 

9. AGES

Clients must be at least 18 years of age. We can occasionally accommodate under 18s as long as there is a responsible adult in the vicinity.

 

 

10. DISCLAIMER

The Training Centre accepts no liability for vehicles or their contents parked at a course venue, on-board training vessels or on Training Centre grounds or property.

The Training Centre accepts no liability for any client while on the T.C.'s grounds, in any of it's properties, or on slipways, pontoons or vessels. All clients participate in any aspect of any course at their own risk.

The Training Centre does not accept responsibility for injury to or death of the Client or loss of or damage to the Client’s property, unless it is proved in a court of law to have been negligent.

 

 

11. BREAKAGES AND DAMAGE

Any breakages or damage must immediately be notified to the instructor or a member of staff. This is for reasons of safety. You will be liable for any loss or damage to the Training Centre or to a vessel's equipment.

 

 

12. RYA CERTIFICATES

If you are attending an RYA course, please be aware that your instructor will need to be satisfied that you have demonstrated the appropriate level of competence before a course completion certificate will be awarded. Attending a course does not automatically result in a course completion certificate being issued. If for any reason you do not meet the required standard, your instructor will aim to provide you with an action plan, identifying areas for improvement, to help you achieve the award in future.

 

13. SMOKING

We operate a no-smoking policy in the Training Centre premises and on our boats.

 

14. TERMINATION AND REPOSSESSION

If we think that any of our clients may be likely to commit a serious breach of any of these conditions, we may immediately terminate the agreement and take whatever steps are necessary to remove them from the vessel. This termination shall be without prejudice to any rights and remedies which may have accrued to the Training Centre prior to the date of, or by reason of, such breach. In these circumstances, the Training Centre shall have no liability for the unexpired part of the course.

 

15. ANY PROBLEMS?

In case of a problem, please speak to the skipper/instructor on the day, so they have the opportunity to resolve any problems there and then.

Any other complaints should be sent in writing to: The Principal, Bay Sea School Ltd, 8 Coniston Road, Morecambe, LA4 5PS.

 

16. YOUR RIGHTS

These terms and conditions are governed by and in accordance with English law. They do not affect your statutory rights as a consumer.

 

17. GENERAL DATA PROTECTION REGULATIONS

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 us for this period.

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.

 

VHF Radio Short Range Certificate - Completed exam papers will be held by the centre for 5 years or until the next SRC Training Centre inspection, whichever is shorter. 

 

18. MISCELLANEOUS

All the clauses and sub clauses in our terms and conditions are independent of each other. If one clause or sub clause is invalid or unenforceable, this will not affect any other clause or sub clause. By making your booking, you have accepted in full the above Terms and Conditions, as they are posted on our training website. Any changes to these Terms and Conditions will be made on this website. However, such changes will not be applied retrospectively, if you have already made the booking.

 

19. COVID 19

At Bay Sea School we are careful and mindful of each others well-being and safety. Covid 19 is an invisible threat which we can mitigate against with simple measures such as use of hand sanitiser, possible wearing of masks - to be reviewed as the Covid situation evolves, keeping time spent indoors to a minimum, use of own waterproofs whenever possible and use of sailing-type gloves. We request that clients show care and kindness in keeping all of us safe through these challenging times.

Rev 10.6