Terms & Conditions of Business
These Conditions are divided into two parts: the first part relates to our "Shorebased Courses" and the second part relates to "Cruises".
When you submit to us an Enrolment Form, you are deemed to agree with our Terms of Business relating to the appropriate activity:
Click jump to Shorebased Terms & Conditions
or click jump to Cruise Terms & Conditions
CONDITIONS relating to Shorebased Courses undertaken or delivered by 1st Watersport
- In these Conditions the following expressions have the following meanings:
- 1.1. 1st Watersport means the firm or business trading under the name 1st Watersport and includes its principal and any employees and associates; it is sometimes referred to as 'we', 'our' or 'us';
- 1.2. 'classroom' means a room in which the course is delivered;
- 1.3. 'course' means programme of learning / tuition;
- 1.4. 'Enrolment form' means a web-based form published on the 1st Watersport internet pages;
- 1.5. 'learner' is a person enrolling, enrolled or wishing to enrol for a course; they are sometimes referred to as 'you' or 'your';
- 1.6. 'RYA' means the Royal Yachting Association;
- 1.7. 'Shorebased' means a course carried out on land.
2. Nature of Shorebased Courses
- Attendance on a Shorebased course should not present any more of a risk than attending a course in any school. However:
- 2.1. The classroom
- 2.1.1. The classroom may be in part of a public building which we have rented.
- (a) Such a building may be expected to be clean with toilet facilities and fire escapes. Adequate car parking cannot be guaranteed.
- (b) You are expected to comply with any rules governing the use of such building.
- 2.1.2. A classroom may alternatively be a room at the private house of another learner, or in an industrial unit or office space belonging to them.
- (a) You would be a guest in this location and expected to respect it and any equipment found there.
- (b) 1st Watersport would not have control over the learning environment and facilities in this case.
- 2.1.3. If you think that the location and environment for your course is not a suitable place for you to learn, you must tell us as soon as possible, but we cannot guarantee to meet your requirement for change.
- 2.2. 1st Watersport will not be liable for any damage to any vehicle that you have parked at or near the classroom, or for any loss or damage to personal possessions.
- 2.3. Shorebased courses leading to certification to be issued by the RYA or others may also be subject:
- 2.3.1. to the RYA's own conditions and requirements upon learners and providers of courses with which 1st Watersport is obliged to comply.
- 2.3.2. to specific conditions and requirements, details of which will be available prior to enrolment.
3. Course accreditation
- Our Shorebased courses are conducted to syllabus and accreditation standards set by RYA.
- 3.1. The awarding of a certificate of competence to a learner who has completed a course is entirely in the discretion of 1st Watersport.
- 3.2. A learner to whom a certificate of competence is not awarded has the right to complain, giving reasons. Complaints must be addressed first by way of request for review to 1st Watersport or if you do not agree with our decision on review secondly to the RYA or other appropriate certifying body.
- 3.3. If no certificate is awarded to a learner, you may be able to re-sit the assessment or examination, but in that case:
- 3.3.1. 1st Watersport will make a charge for any extra work.
- 3.3.2. For some courses the RYA may also make an additional charge for the re-sit.
4. The Course date(s)
- 4.1. Based in Leicestershire, 1st Watersport conducts RYA Shorebased courses for the benefit of small numbers of people at any one time. Sometimes it is necessary to have a minimum number of learners for a course; sometimes we operate a 'waiting list' for a course as insufficient learners wish to take such a course at that time.
- 4.2. We often discuss with our learners to find a date or a group of dates that will enable a number of learners to be able to attend the course on the same date(s). We may have sought your agreement about the date(s) before you have enrolled with us for the course.
- 4.3. If 1st Watersport offers a course on a date or over a period of dates so that the teaching and assessment of a learners on that course may be completed, based on the positive indication of a number of people showing agreement of that date or dates, and subsequently one of those persons does not enrol and pay for that course, 1st Watersport reserves the right to cancel or postpone the course for others even if they have already enrolled and paid for their course. In this case, 1st Watersport will make a full refund of any course fees paid. That is the limit of our liability to any learner.
- 4.4. 1st Watersport may delay the delivery of course materials until all the learners expected to enrol have done so.
5. Enrolment and Payment
- 5.1. Learners will enrol by completing an Enrolment form applying for a place on a specified course proposed to be held on suggested date(s) and submitting it to 1st Watersport.
- 5.2. Submission of an Enrolment Form to 1st Watersport implies acceptance of these Conditions of Business.
- 5.4. Upon receipt of a completed Enrolment Form, we shall issue an Invoice confirming the cost of the course and specifying the required means for payment and conditions relative to those.
- 5.5. A learner will not be considered as enrolled until both the Enrolment form is completed and submitted and the required payment made in the manner indicated. Enrolment will be subject to the provisos set out in Condition 4.3 above.
- 5.6. For courses exceeding two-days duration, 1st Watersport may offer learners the option of paying course fees over a period of time (as suggested on the Invoice). If a learner chooses to pay by instalments:
- 5.6.1. the learner is obliged to pay the entire balance owing to 1st Watersport regardless of the learner's attendance on the course. Non attendance is not a reason for non-payment or refund.
- 5.6.2. and fails to make any payment by the expected date specified, the learner will then automatically be liable to pay all of the instalments outstanding within five working days.
- 5.7. If a learner fails to pay the course fees owing, the learner may be prevented from completing the course and will not be entitled to a refund of any monies already paid.
- 6.1. If a learner has a problem in attending a course on the day or days for which they have enrolled, for any reason they must inform 1st Watersport as soon as possible.
- 6.2. If a learner notifies 1st Watersport in good time, an attempt may be made to re-schedule the teaching session, but if other learners on the same course are unable or unwilling to agree to the re-scheduling, the course may still take place on the originally agreed date.
- 6.3. Any learner who cancels attendance (or fails to attend) at a Shorebased course
- 6.3.1. shall not be entitled to a refund of any monies paid, and
- 6.3.2. agrees to indemnify and keep indemnified 1st Watersport against all costs claims damages and expenses whatsoever resulting from their cancellation or non-attendance.
7. Force Majeure
- 7.1. In the event that 1st Watersport is delayed in or prevented from providing a course on any agreed date(s) for any reason (including (without limitation) illness of the course leader, unavailability of location or due to any other cause whatsoever beyond its reasonable control), 1st Watersport shall be at liberty to cancel, suspend or postpone the course without incurring any liability for any loss or damage arising therefrom.
- 7.2. Without prejudice to Condition 7.1, 1st Watersport may attempt to contact all affected learners to notify them of the difficulty, and seek agreement with all relevant learners to re-schedule the dates for that course.
- 7.3. if it proves not to be possible to achieve agreement to a re-scheduled date, 1st Watersport
- 7.3.1. may cancel the course and may refund all teaching fees paid by a learner for that course;
- 7.3.2. will not be liable for any other costs incurred by the learner as a result of the cancellation, including (without limitation) any monies paid for course books, materials or tools purchased.
- The provision to 1st Watersport by any learner of their email address implies:
- 8.1. the learner's warranty that the address is and will remain valid for the duration of the course;
- 8.2. their agreement to that email address being used by us for all purposes of communication and acceptance that no other written correspondence will be entered into.
- 8.3. the learner's acknowledgement that the principal of 1st Watersport will often be out range of internet access (e.g. on a boat) and that therefore emails sent to us will not be deemed to have been received until a return acknowledgement email is sent by us.
Terms & Conditions of Business - - - Shorebased Courses above - - - Terms & Conditions of Business - - - Cruises below
CONDITIONS relating to all Cruises undertaken by or organised through 1st Watersport
- In these Conditions the following expressions have the following meanings:
- 1.1. 1st Watersport means the firm or business trading under the name 1st Watersport and includes its principal and any employees and associates;
- 1.2. 'the skipper' means the skipper of the boat and includes the person acting as skipper for the time being;
- 1.3. 'Boat' includes marine craft of any description;
- 1.4. 'Cruise' includes any intended cruise;
- 1.5. 'Crew' and 'member of crew' means persons agreeing to go on a cruise.
2. Nature of Sailing and of the Cruise
- Sailing is an activity, which in perfect conditions should not present danger. However:
- 2.1. The Elements
- 2.1.1. The Sun, the Sea and the Wind are wholly uncontrollable and may combine in dangerous ways. They impose great strain upon people and on man-made equipment, and may present wholly novel situations even to experienced sailors.
- 2.1.2. All cruises advertised are subject to the weather being suitable. 1st Watersport shall have the right in the absolute discretion of the skipper to postpone, cancel, alter, amend, truncate or terminate any cruise at any time. Refunds will not be given.
- 2.2. The Equipment
- 2.2.1. Charter boats, by definition, are available for hire to others, not all of whom may have been diligent in looking after the craft and its equipment. Although all such boats ought to be inspected and serviced regularly, it is not possible to know what has happened to it since that time.
- 2.2.2. All craft are subject to exposure to the elements, and may have various items of equipment, which have already been under great strain and which may therefore break or malfunction at any time.
- 2.2.3. Whilst there may be a refrigerator on board, it may not always function adequately with the result that foodstuffs may perish, unbeknown to the skipper and crew.
- 2.3. The People
- 2.3.1. Sailing is an activity which people often undergo so as to test themselves both mentally and physically against the elements: shore-based activity provides little indication as to how a person will behave when faced with high winds and heavy seas, often when they are already tired or even exhausted.
- 2.3.2. Most crews come together haphazardly: it is rarely practical to select them with any assessment as to temperament or complementary skills. The purpose of a training cruise is to provide members of the crew with an opportunity to take their turn in practising many of the tasks requiring to be carried out during the course of a voyage.
- 2.3.3. Although, the skipper will be an experienced and qualified Yachtmaster, it is not always practicable, on a small boat, to have complete backup in the event of injury to the skipper.
- 2.3.4. Crews on board have varying amounts of knowledge and experience in matters both of sailing and domesticity:
- (a) Some may be experienced Yachtmaster; others wholly novice; all may be reduced, by a moment's self-preservation, to take action which may impact upon others.
- (b) Seasickness is always possible: this weakens the body, and its ability to react.
- (c) Some may be expert chefs and know about food safety: others may have no such knowledge.
3. Health and Safety ('H & S')
- 3.1. It is impossible to conduct an H & S assessment of the risks which any particular cruise is likely to face
- 3.2. It is therefore a condition that all members of the crew accept the risks incumbent on all sailing activities. These incclude (among others):
- 3.2.1. a constant risk of injury and death from multiple causes;
- 3.2.2. a constant risk that possessions may be lost overboard;
- 3.2.3. a constant risk of seasickness, and consequential debilitation;
- 3.2.4. a risk of food poisoning from eating perished foodstuffs.
- 3.3. The Conditions
- 3.3.1. It is a condition of the contract with 1st Watersport that all members of the crew accept the inherent risks of sailing and those risks which may arrive as a consequence of the possible inabilities and ignorance of other members of the crew.
- 3.3.2. All members of crew agree to indemnify and keep indemnified 1st Watersport against all costs claims damages and expenses whatsoever resulting from or ancillary to the cruise.
- 4.1. Cruises may be advertised as a particular type of cruise (e.g. 'Cross Channel'; 'trip round the Scottish islands' etc.). These descriptions were given in good faith at the time of the publication of such advertisement; it is however entirely in the discretion of 1st Watersport whether the cruise sails at all, or to the intended destination, or completes the intended trip.
- 4.2. All cruises are advertised on the basis that a sufficient number (being in the absolute discretion of 1st Watersport) of crew agree to undertake that cruise. Applications for berths are received for any advertised cruise by the date indicated, or if a boat provisionally booked by 1st Watersport subsequently becomes unavailable, 1st Watersport shall have total discretion:
- 4.2.1. to cancel the cruise: in this event, the deposit / money paid will be returned, subject only to an administration fee (at discretion) of £25;
- 4.2.2. to increase the cost of any cruise (by not more than 15%) in line with any (proportionate) increase of charter fee.
- 4.3. All cruises shall be subject to cancellation, amendment or curtailment at any time and for any reason (including (but not limited to) weather (actual or forecast); ability / health of any member of the crew; condition of the boat, etc.).
- 4.4. In the event of cancellation or curtailment, it is unlikely that the charter company (from whom the boat will have been chartered in good faith) will return any part of the charter fee; 1st Watersport will therefore not be able to make any refunds for any reason.
5. Insurance and Limitation of Liability
- 5.1. Members of crew, when booking, are advised to insure:
- 5.1.1. their obligation to pay the cost of the cruise (whether already paid or still owing) in the event that he / she is unable for any reason to take part;
- 5.1.2. against death and personal injury (and loss of possessions) that could be suffered during the cruise.
- 5.2. 1st Watersport shall not be liable for any loss which could have been covered by such insurance or for any excess under such a policy.
- 5.3. The liability of 1st Watersport to any member of the crew shall be limited to
- 5.3.1. the aggregate of the advertised cost (per person) of the cruise plus the amount of the security deposit (if paid).
- 5.3.2. (if greater) the sum of £1,000.
- 5.4. No claims will be entertained:
- 5.4.1. unless the full amount of the cruise owed by the claimant has been paid;
- 5.4.2. if claims are made more than one month after the date (advertised or actual, whichever is the later) of the end of the cruise.
- 6.1. Costs included
- The cost of the cruise, as advertised, is given in good faith on the basis of the information available before it was advertised. This cost is only for the cost of the charter of the boat and the provision of the skipper.
- 6.2. Additional Costs
- The Costs included do not include: (without limitation) the following all of which are to be paid (if not before) upon arrival at the quayside:
- 6.2.1. travel to and from the quay / marina where the boat is moored and left;
- 6.2.2. provision of clothing including (without limitation) shoes / boots with non-slip soles;
- 6.2.3. hire of foul weather gear;
- 6.2.4. a share of the security/damage deposit, if appropriate;
- 6.3. Shared expenses
- 6.3.1. The cost of some other items, victuals and expenses incurred, will be shared equally by the crew (other than the skipper) - and be payable upon demand from the skipper. The following items are given by way of example only:
- 6.3.2. marina, harbour dues or mooring fees;
- 6.3.3. any alcoholic drinks purchased by agreement for sharing between the crew;
- 6.3.4. the cost of fuel to propel the boat;
- 6.4. Further Additional Costs
- The cost of some other items, victuals and expenses incurred, will be paid for wholly by each individual member of the crew. The following items are given by way of example only:
- 6.4.1. the cost of taking showers ashore;
- 6.4.2. the cost of evening meals planned (or actually) taken ashore, except when clearly shown as "included" within the price of the cruise.
- 6.5. Security deposits
- 6.5.1. These are requested by the charter company against the payment of possible damage to the boat or its equipment during the cruise.
- 6.5.2. The amount of the proportionate cost of the security deposit will be given to each crew member by the skipper who may also request payment. The amount will not exceed £200 per crew member.
- 6.5.3. Each member of the crew may be asked to share all or a part of this risk equally, and in the event of a claim, 1st Watersport shall have total discretion to settle the claim (including any insurance excess) out of the deposit, not exceeding that share of the risk proportioned to each crew member.
- 6.6. Payment
- 6.6.1. Payment of all expenses etc. requested by 1st Watersport / the skipper must be paid in the manner indicated.
- 6.6.2. If the cost of the Cruise is not paid in full by the given date, 1st Watersport may decline to accept the member of crew for which any money paid has been paid and that money paid may be forfeited as indicated above.
Terms & Conditions of Business - - - Cruises above