Catalan Maritime School Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY ARE PART OF YOUR CONTRACT WITH THE COMPANY AND CONTAIN LEGAL OBLIGATIONS AND LIABILITIES OF THE CLIENT
- DEFINITIONS
In the Contract:
“the Booking” means the booking by a Client of an RYA Course
“the team member” or “staff” means any trainer, coach or instructor, freelance or otherwise that works with the company;
“Freelance” means any self-employed trainer, coach, instructor or person;
“the Booking Confirmation” means the written confirmation by the Company of a Booking made by telephone, website or e-mail;
“the Booking Form” means the form or medical form carrying the client/students details (online or in writing);
“the Company” means Catalan Maritime School;
“the Contract” means the entire contract between the Company or Team member and the Client as contained in these Terms and Conditions, the Booking Form, Medical form and/or any Booking Confirmation;
“the Course/s” means the Training Courses, offered by the Company, Team member/staff;
“the Deposit” means the deposit paid for classroom or practical course by the Client at the time of Booking;
“the 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;
“the Price” means the price for the booking set out on the Booking Form, Quote or website and any Booking Confirmation;
“the Classroom/Facility” means the dry teaching area used to run the shore based training;
“the Terms and Conditions” means the terms and conditions set out below;
“Training Courses” means the RYA practical training courses run by the Company or Team member.
“Working Day” means any week day (except Saturday and Sundays and public holidays)
- BOOKING AGREEMENT
2.1 The Client acknowledges that no statement or representation, expressed or implied, which may have been made by or on behalf of the Company induced the Client to enter into the Contract and that any such statements or representations do not form part of the Contract.
2.2 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.
2.3 The Company reserves the right to decline any Booking at its discretion.
2.4 Booking in advance is necessary to reserve a practical Course, or Team member/staff booking for specific dates and a Deposit must be paid at the time of Booking. The Company may at its discretion hold open dates for Courses for a maximum of two (2) Working Days but if payment has not been received by the end of the agreed period the places will cease to be held open.
2.5 You consent to any photos and videos that are taken of you during training being used in publicity material/websites/social media. You also consent to any feedback given to company being used in these same places.
2.6 Clients provided with equipment such as waterproofs, lifejacket, wetsuits, buoyancy aid, wetsuit boots etc are responsible for the 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.
3. AGE LIMITS AND UNSUITABLE CLIENTS
3.1 The Client must be aged 16 or over and physically fit for all courses unless otherwise detailed on the course information page on this website
3.2 The Company, Team member/staff at its discretion may allow minors over twelve (12) years old to participate in Training Courses provided they are accompanied or supervised by a parent or legal guardian. Please note that minors under sixteen (16) years old may only be issued with an endorsed certificate and are unable to gain an ‘authority to operate’.
3.3 The Company reserves the right to refuse to allow any Client, who in its opinion fails to meet these criteria, onto a vessel, course or to make a booking.
3.4 Where a training course is occupied by a group, the Client must provide on the Booking Form full details of all persons in their party, each member of the party must complete a Medical declaration form and return it to the Company prior to commencing the Course.
3.5 The Company may at its discretion cancel any Bookings made in contravention of Clauses 3.1 to 3.4 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-let. 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.
3.6 The Company may at its discretion cancel the Booking and refuse to allow any Client or group to participate in a Training Course or event, 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 or Team member.
3.7 If a Booking is cancelled pursuant to Clause 3.6 the Company shall retain the Deposit and a pro-rata fee for the duration of the Course.
3.8 Occasionally authorised parties may carry out photography and/or video recording. You agree that we may use these images in advertising, promotional or publicity material in any format whatsoever. You further agree that copyright rests with such authorised parties.
4. CANCELLATIONS AND CHANGES
4.1 The Contract may not be cancelled or amended except as provided in these Conditions and Terms.
4.2 Cancellation of a Booking must be notified at least fourteen (14) Working Days prior to the Training
4.3 In the event of cancellation by the Client of a Booking where training is due to take place over twenty-one (21) Working Days before the Training Course, the Client shall be entitled to a full refund of any course Deposit or full payment paid excluding expenses. If the Booking is cancelled between twenty-one (21) and fourteen (14) Working Days before the Training Course the Client shall be entitled to be refunded 50% of the Course Balance paid, no refund will be offered for the Deposit payment. If the Booking is cancelled less than fourteen (14) Working Days before the Training Course, the Company shall not offer a refund for the Deposit or Balance Paid, if the Balance has not already been paid the Client will still be liable for any outstanding Balance due.
4.4 In the event of adverse weather conditions, including floods, storms, strong winds or unforeseen circumstances, shortage of water, non-availability of fuel, preventing the conducting of a Training Course or the Team member getting to the relevant destination, the Company or Team member shall offer alternative dates to the Client to complete the training.
4.5 In the event of technical problems, mechanical failure or technical failure of the Companies equipment/vessels preventing the conducting of the Training Course, the Company shall offer alternative dates to the Client to complete the Training Course.
4.16 Cancellation fees apply when course payments are made via Paypal, this percentage is governed by Paypal and is dependant on the original cost of the course. The Client will be liable for these fees and they will be automatically deducted from the refund amount.
5. PRICE AND PAYMENT
5.1 Neither the Booking Form nor the Booking Confirmation is a VAT invoice.
5.2 The Company reserves the right to regularly review and amend the Price of the Courses, Team members, displayed on the Booking Form and on the website of the company
5.3 Any written quotations given to prospective Clients shall be valid for fourteen (14) working days from the date of enquiry.
5.4 At the time of Booking, a non-refundable and non-transferable Deposit of 100 Euros must be paid by the Client unless otherwise specified. The course balance is due a minimum of seven (7) days before the first course date.
5.5 For course gift certificates, the full payment is required at the time of purchase.
5.6 Certificate fees, Assessment fees and Course books/packs will be charged in addition to the Course fee unless otherwise noted.
5.7 Where fees are paid by a non EU bank transfer, bank and exchange rate fees will be payable by the Client.
6. MAINTENANCE
6.1 The Company undertakes regular checks of the equipment used for training tuition before its hiring in accordance with the manufacturers’ and RYA recommendations.
6.2 In the event of any of the Companies equipment suffering mechanical breakdown, technical difficulties or malfunction the Company shall take all reasonable steps to enable the completion of the Course.
6.3 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 4, any refunds are at the Company’s discretion.
7. INSURANCE
7.1 The Company’s team members/staff are insured with 7 Euro million public liability insurance and personal indemnity for operations within the U.K and Europe. The Company’s insurance does not cover personal accidents, loss or damage to personal or business effects. Clients are advised to take out their own insurance cover.
8. USE OF CLIENT’S FACILITY AND/OR VESSELS
8.1 A maximum of six (6) Clients are allowed on a RYA PWC (jetski) course (assuming a ratio of 1:2 /PWC:students), a maximum of three (3) Clients are allowed on an RYA powerboat level 1/2 course, not including the Company’s Team members/staff or assistant.
8.2 Where tuition is being given in a location not occupied or owned by the Company, the Client shall indemnify the Company and all its Training team/staff 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 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.
8.3 Where tuition is being given on board vessel/s not owned by the Company 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.
8.4 Refunds will not be issued due to equipment failure of a Client’s vessel/s, equipment or facilities.
8.5 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 the RYA Powerboat Checklist and/or RYA PWC Checklist.
8.6 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 time including when under tuition and all not hold the Company or its Staff responsible for any loss of damage.
8.7 Tuition is provided on the basis that the vessel is insured by the owner for use during training, loss, damage and public liability and has gained permission to operate where required.
8.8 Where marina fees/ short stay charges / launch and recovery fees are incurred these are the responsibility of the Client.
9. GIFT VOUCHERS
9.1 Gift Vouchers and Gift eCertificates are valid for 12 months from the purchase date. Vouchers / Gift eCertificates are redeemed by emailing or calling Catalan Maritime School to agree a mutually viable course date in Saint Cyprien, Pyrenees Orientales. Gift Vouchers / Gift Certificates are non-refundable in any circumstances but are transferable to another person. Minimum ages for all courses apply. Gift Vouchers can be used for any course dates subject to prior contact.
10. LIABILITY
10.1 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 Members/staff.
11. CLIENT’S PROPERTY
11.1 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.
12. COMPLAINTS
12. Complaints must be emailed/sent in writing for the attention of ‘The Principal’ to catalanmaritimeschool@gmail.com
13. BREACH
13.1 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 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.