1) The Contract
This contract is made between Sail Racing Academy (The Company), and any person(s) (the Client) booking with The Company. All bookings are subject to these terms and conditions and it is agreed between the Client and Sail Racing Academy that any contracts will be construed in accordance with English Law and the jurisdiction of English courts.
Information given by the Client via booking form or online or via a deposit forms the basis of a contract and the Client will be accepting the booking conditions for themselves and members of their party.
If any part of these booking conditions is found to be invalid or unenforceable then the remainder of these booking conditions will remain valid and enforceable.
2) Bookings
Bookings are only considered confirmed when the 60% deposit has been paid in advance. Payment can be made online or through bank transfer.
3) Balance of payment
The outstanding balance is due 4 weeks before departure, failure to pay by this deadline can result in the booking being canceled and only a part or no refund being returned.
4) Cancellation by the Client
(i) must be in writing and is effective upon receipt by Sail Racing Academy. The refund is contingent upon the entire trip being fully booked. In the event of cancellation by the Client an administrative charge up to the full deposit may be charged. The Company will operate in good faith and charge an administration fee up to £300 and refund the balance if a replacement client can be found at no extra cost to The Company. In the event that the need arises to incur additional expenses for the procurement of a replacement individual, any such incurred costs shall be deducted from the refund amount awed to the party seeking the refund.
Failure to pay the outstanding balance of a fee by the scheduled departure date, or without prior consent from the contracting party, shall result in the immediate cancellation of the participant’s booking, and no refund shall be issues.
(ii) Sail Racing Academy will not normally cancel less than 60 days prior to the start of the programme except for unusual or unforeseen circumstances beyond its control. In the event of cancellation the Client may be given the choice of an alternate programme where possible. If the Client does not wish to choose an alternate programme then a full refund may be given.
In the unlikely event that changes to the advertised programme occur the Company reserves the right to make such changes as required. The Company reserves the right to substitute another vessel for the advertised one at its discretion or cancel the charter at any time, for any reason including weather conditions and non availability of vessel.
The Company will pay no compensation or refund to the Client(s) where change or cancellation to the programme is due to Force Majeure, loss, damage or incapacity of the vessel or actions of the race event organisers. No liability is accepted by the Company for any costs or expenses incurred by the Client in the event of changes to the programme or cancellation by the Company.
5) The Clients obligations
(i) Details supplied on the booking form are accurate.
(ii) No expenses will be paid by the client on behalf of the company without prior consent
(iii) The Client is required as a booking condition to take out a personal travel insurance package that covers cancellation, injury, curtailment and medical expenses. The policy must also include cover for sailing and racing offshore for the length of the programme. The Company will recommend an insurance broker but the Client reserves the right to choose their own and agrees to make the policy available to the Company on request.
(iv) The Client agrees to abide by the normal operating and safety procedures as laid down by any suppliers of accommodation in the UK or abroad and any yacht clubs or official bodies and charter companies that may be used or associated with as part of the package.
(v) The Client accepts THAT THERE ARE INHERENT RISKS INVOLVED WITH SAILING, including but not limited to equipment failure, perils of the sea, acts of other participants, and adverse sea and weather conditions, and assumes such risks.
(vi) The Client recognises the need to exercise reasonable care for their safety and the safety of those around them and agrees to do so.
(vii) The Client is required to behave in an appropriate manner at all times and within the law. Threatening, or offensive language including, without limitation, defamatory, libelous, racist, sexist, ageist, homophobic, or sexually explicit language will not be tolerated and the client may be ejected from the vessel / event without refund.
(vii) Physical violence or harassment of any kind will result in the removal of the client at the earliest possible opportunity without refund.
(viii)English is the working language on board our vessel. For safety reasons you must have a good working knowledge of the English language. We reserve the right to decline passage at any time, without liability, to anyone considered not to have adequate language skills.
(iX) The Client is personally responsible for ensuring that they comply with all laws, regulations, and customs (including foreign exchange restrictions and drug/medicine regulations) of all countries visited.
(X)The Client is personally responsible for ensuring that any vaccinations they may need are up to date for the countries they will be visiting.
6) Limitation of liability
The Company will use insured vessels that meet the safety standard of the region they are operating in. Where such vessels are obtained by the Company as skippered or bareboat charters the Company will endeavour to assure all required safety and survey requirements are met but will not be held responsible for any defects or omissions by the vessels owner or managing agents.
The Company will accept liability for the negligence of its employees causing injury or death to the extent that it is obliged to under English law. The Company shall not be liable for any injury, death loss or damage caused by other Clients, nor will it be responsible for any uninsured losses of the Client’s property, nor for any illness, injury or death sustained during the programme.
The Company shall not be held liable for the non-completion of a race due to factors beyond its control, including but not limited to gear failure or insufficient wind conditions.
Clients agree if required to complete a release of liability form before embarking on a programme if required to by the Company or race organiser.
7) Authority
The Client agrees to accept the authority, decisions and instructions of the Company’s Skipper’s, employees, agents and representatives during the programme.
At all times the decision of the Skipper is final on all matters. Should the client interfere with the well being of the Skipper or other Clients during the Programme through difficult or disruptive behaviour, the Skipper has full authority to dismiss the Agitator(s) from the programme or vessel. In such event there will be no recourse to any refund. The Skipper has full authority to decide when to sail or race, with regard to weather conditions and the well being of the crew, or to return to port after the commencement of a passage due to the above or defects to the yacht at any time at their discretion and their decision is final.
There is no guarantee when racing that we will complete any number of miles or hours. Our contractual obligations will be complete once we cross the start line of a race.
8) Age Limit
The minimum is 18 years at commencement of the programme unless pre arranged with the Company and the under eighteen year old is accompanied by a responsible party.
9) Health
Sailing can be a dangerous activity and requires an average level of fitness and health. We ask any Clients with medical conditions that may impact their ability to sail, to please disclose them in our Registration Form, so we may make necessary adjustments. Failure to do so may result in being asked to sit out of certain activities, and is not cause for a refund.
10) Media releases and image rights waiver
Crew members and employees grant The Sail Racing Academy. and affiliated companies and organisations the absolute right and permission to use their name, voice, image, likeness, biographical material as well as representations of the yachts in any media (being television, print and internet media), including video footage, for the sole purposes of advertising, promotion, reporting and disseminating information regarding The Sail Racing Academy. and affiliated companies.
