Terms and Conditions
1 DEFINITE BOOKINGS: Bookings will be deemed definite once the terms and conditions are accepted. Terms and conditions are accepted as soon as a completed booking form has been received or on receipt of your deposit.
2 CONFIRMATION: The School will confirm the booking, via email or in writing, within 5 days.
3 PAYMENT: A 25% non refundable deposit is required if the booking is over 30 days from the start date of the course. For the Yachtmaster Fast Track course the non refundable deposit is a maximum of 500 euros.
a) The balance of payment is due 30 days prior to the date of the course.
b) If the booking is within 30 days of the start date of the course the full fee is required.
c) If within 30 days prior to the course the Student has not paid the balance of the fee, on the 30th day a reminder letter/email will be sent. If 21 days from the date of the course the balance has not been received the School reserves the right to sell the Student’s berth. If the School is successful in selling the space and mitigating its costs then the deposit will be returned in full less any handling fee. If the School is un-successful in selling the space then the student will forfeit the deposit.
4 CANCELLATION/DELAY/NON ARRIVAL:
a) If you are likely to be delayed beyond the start of your course, please inform us as early as possible.
b) In the event of cancellation by the client, deposits and fees are not refundable. In the event that Marbella Sailing School is able to subsequently re-sell the course, then all fees will be returned to the Client minus a 3% handling charge for card payments or the bank charges incurred for an online bank transfer.
c) A student who cannot attend their course through illness or other unavoidable personal circumstance is requested to contact the school as soon as possible. If it is necessary to cancel the course within twenty eight days of commencement of the course every possible attempt will be made to mitigate the Student’s costs and to let the space elsewhere. If successful the Student will be reimbursed in full less any reasonable handling fee. If unsuccessful the student will forfeit only the deposit. As with any event/travel your own insurance is strongly recommended.
d) Any Student who fails to arrive, for any reason whatsoever including illness and has not notified the School, will automatically forfeit the total monies paid and no liability by doing so shall attach to the School whatsoever.
e) In all circumstances of cancellation with prior notice the School will endeavour to offer alternative dates for the course.
5 COURSE DURATION:
a) Practical 2 and 5 day courses, from approximately 1830 on the first evening until 1700 hours on the last day or otherwise stated on your booking confirmation.
b) Note that these are only a guide and any variation will be made prior to the course commencing.
6 LATE RETURN OF SAILING VESSEL: For whatever reason beyond the date of the course the Students can stay onboard at the company’s victualling expense or return home if they wish at their own expense. No liability shall extend beyond this.
7 UNDER 18’S: Under 18’s accepted when sailing with parent or guardian. For students under 18 these Terms and Conditions must be accepted by the parent or guardian.
8 INSTRUCTION ON YOUR OWN YACHT: All conditions herein apply, plus the Student will be expected to reimburse any travelling or out-of-pocket expenses for the Instructor from the Marbella base to wherever the vessel is lying, and the return journey plus salary on a pro-rata fee rate, if applicable.
The Student’s vessel will be expected to be equipped with the minimum RYA standards and provide the Instructor with all bedding, victualling whilst on board.
If the Student’s vessel is over 50 kilometres from Marbella and it is not possible for the Instructor to get to the Student’s vessel within 2 hours, please allow pro-rata fees.
c) Insurances: The Owner must notify his Insurance Company that there will be a qualified Instructor onboard delivering tuition but the Owner remains the Skipper at all times. It is also agreed that the Owners Insurance is Fully Comprehensive and covers all aspects of normal marine insurance for the area in which the Skipper is expected to sail, with additional days leeway to allow for adverse weather
9 PASSPORTS: : Please take your passport on any course. This is required by law in Spain when you check in to any Marina.
A Student must seek permission from the Skipper for anything he brings on the School vessel whilst in a foreign port. He shall indemnify Marbella Sailing School, its employees and staff, against any actions that may result from breach of this rule.
10 SKIPPER’S/PRINCIPAL’S DECISIONS: The Principal’s decision is final at all times, on any of the School’s property and the School’s vessels, until the Skipper takes over.
a) From the moment the Skipper steps onboard the instruction vessel in accordance with marine practice, the Skipper’s decisions are final always.
b) All crew/students will accept all orders and decisions given to them by the Skipper at all times whilst onboard the School’s vessel or ashore, for the duration of the course until the course is complete and the Skipper is no longer onboard the vessel. The Skipper’s authority is total day and night in accordance with Marine Law.
c) If for any reason whatsoever a Student does not accept an order from the Skipper or his designated substitute, whether the Student considers it to be reasonable or not, the Student shall be considered to be in breach of his Articles of sailing. The Skipper shall take any action or decision he considers fit for the well being of the vessel and crew. If The Student is placed ashore at the nearest port no liability whatsoever shall attach itself to the School and neither shall the Student have redress for any expenses or unused portion of the fee. Neither any redress against the Skipper or School as a result of actions taken by the Skipper.
11 SEA TIME: Every attempt will be made to give pupils maximum sea time. However, if in the Skipper’s opinion weather conditions, safety or any other consideration renders it imprudent, the Skipper’s decision is final.
12 VESSEL CHANGE: If the School changes vessels, due to any vessel becoming unsuitable, for any reason whatsoever, or a vessel is delayed, this in no way affects the validity of the booking of the Terms and Conditions stated herein they remain good.
13 SCHOOL CANCELLATION: If, for any reason, the School is unable to fulfil a booking or a vessel becomes unseaworthy for any reason whatsoever, the School will inform the Student immediately the knowledge is available. No liability shall attach itself to the School beyond the refund of the full fee paid by the student(s) or unused portions thereof.
14 SCHOOL INSURANCE: The School is insured for instruction. However Student’s needs vary. The School strongly advises that the Student obtain their own insurance, details of which can be found on our website. The Student agrees the School Insurance Policies are adequate and the Policy is available, on request, for inspection at Marbella Sailing School.
a) No liability is accepted for any Student’s vehicles parked in the Marina grounds, or Student’s Possessions in the vehicle, on the pontoons or in the Schools vessels or accommodation.
b) No liability is accepted for Students whilst on School grounds, in any of the School properties, on ladders, pontoons or vessels and all Students participate in any aspect of any course at their own risk.
16 BREAKAGES OR DAMAGES: Howsoever caused must be immediately notified to the Skipper or Principal. Students shall be liable for any loss or damage to School equipment, vessel’s equipment, up to and including the first 100 euros per item. The cost of any breakages will be notified to the student prior to them leaving the course.
17 CERTIFICATES: The School’s standards of instruction are high and certificates will only be issued at the end of a course if, in the opinion of the School’s Instructors and Principal, the Student has reached the necessary standard. The School’s Principal and Instructor’s decision shall be final and accepted by all Students.
18 DUTIES ONBOARD:
a) All Students will be expected to participate in cooking, cleaning vessel and routine maintenance as required by the Instructor. At the end of the course all Students will be expected to clean the vessel from bow to stern.
b) Yachtmaster Students who stay onboard for an exam are responsible for the boat at all times including returning it to the school in the same condition as when it was taken out. This includes cleaning of the boat once the examiner has left.
19 DISPUTE: Any dispute should be brought to the attention of the skipper or principal at the earliest opportunity to be resolved. In the event of a dispute not being settled by mutual agreement, it is agreed that this agreement (contract) shall be governed by the laws of Spain details of which can be obtained from the Principal.
19. PROHIBITED ITEMS & SUBSTANCES: It is forbidden to bring onboard any vessel, any illegal item, such as prohibited drugs, firearms, offensive weapons, pornography, noxious substance or liquids or any other item of any kind that is unlawful or unsuitable for use on the boats. Clients returning to the vessel having purchased items ashore, must consent to such items and their packaging being checked by the skipper. Marbella Sailing School reserve the right to refuse to allow any item onboard its vessels should the skipper deem that such items are unsuitable for any reason whatsoever. Any client refusing to allow packages to be checked will not be allowed onboard the vessel and will be responsible for their own return travel arrangements. Marbella Sailing School shall not be held responsible for any costs incurred by the client as a result of such an event occurring. Consumption of alcohol is not allowed during training hours.
20 EQUALITY POLICY: Marbella Sailing School is committed to the principle of equality of opportunity and aims to ensure that all present and potential students, instructors, officials, and employees are treated fairly and on an equal basis, irrespective of sex, age, disability, race, religion or belief, sexual orientation, pregnancy and maternity, marriage and civil partnership, gender reassignment or social status
21 DATA PROTECTION: The school 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.
www.marbellasailingschool.com 0034 655 42 35 54
Copyright Marbella Sailing School 2018