1. APPLICABILITY

These Terms and Conditions relate to Red Cap Sailing School (the ‘School’).

2. DEFINITE BOOKINGS:

Bookings will be deemed definite once the deposit has been paid. These Terms and Conditions will be deemed accepted once the booking has been made and the deposit has been paid.

3. CONFIRMATION:

The School will confirm the booking via email or in writing.

4. PAYMENT:

The following payment terms shall apply:

a) A 25% non refundable deposit is required at the time of booking.

b) The balance of payment is due six (6) weeks prior to the date of the course.

c) If the booking is within twenty-eight (28) days of the start date of the course, the full fee is required.

d) If within twenty-eight (28) days prior to the course, the Student has not paid the balance of the fee, the School reserves the right to sell the Student’s course place.

e) If the School is successful in selling the course place and mitigating its costs, the student will only forfeit the deposit.

f) If a Student undertakes an online Theory course with the School, the full amount of the Theory course must be paid at the time of booking the Theory course and the full amount for the Theory course is separate from the amount for the Practical course. For the avoidance of doubt, the amount for the Theory course does not form part of the deposit that must be paid for the Practical Course.

g) Where a Student undertakes the Yachtmaster Exam Prep Course, the Student agrees to pay the full costs of the Examiner in respect of the Exam Prep Course. These costs include but are not limited to reasonable travel, accommodation and subsistence expenses. The School will make every attempt to combine a number of Yachtmaster Exam Prep Courses at one time so that the costs associated with the Examiner can be divided between the Students, but each Student accepts that this is not always possible. For clarity, the costs in respect of the Examiner are additional to the Yachtmaster Exam Prep Course fees and the School shall not be liable for such costs. In the event that a Student fails to attend a Yachtmaster Exam Prep Course for whatever reason after the booking is confirmed, the Student will still be liable for the full costs of the Examiner (or their share of those costs where there is more than one

Student undertaking the course), unless (i) the School has managed to fill the course place with another Student or (ii) the Examiner will not incur any expenses in respect of that Student’s Exam Prep Course. The Student may not receive their Yachtmaster Coastal/Offshore Certificate (where successful) until the Examiner’s expenses (or the Student’s share of those expenses where there is more than one Student) have been paid by the Student.

5. CANCELLATION/DELAY/NON ARRIVAL:

a) If it is necessary for a Student to cancel their course, every possible attempt will be made by the School to mitigate the Student’s costs of the course by selling the cancelled place to another Student. If the School successfully fills the cancelled course place, the cancelling Student will only forfeit the deposit. If the School is unsuccessful in filling the cancelled course place, the cancelling Student will be expected to pay the full fee. It is, therefore, strongly recommended that Students take out appropriate insurance when undertaking courses with the School.

b) Any Student who fails to arrive, for any reason whatsoever, including illness, will automatically forfeit the total monies paid and no liability by doing so shall attach to the School whatsoever.

6. COURSE DURATION:

a) The School’s practical courses are five (5) days and start at 19:00 on Sunday evening and finish no later than 17:00 on Friday afternoon, unless in exceptional circumstance.

b) If a Student undertakes a Fast Track course, please note that the course duration for each week is as set out in 6.(a) above and all Students will vacate the yacht by no later than 17:00 on the Friday afternoon, returning on the Sunday evening at 19:00. For the avoidance of doubt, Students will need to find their own accommodation for the Friday and Saturday nights where they are undertaking Fast Track courses.

Note that these are only a guide and any variation will be communicated to Students at the earliest opportunity.

7. UNDER 18’S:

Under 18’s are only accepted if sailing with a parent or guardian. For Students under 18, these Terms and Conditions must be accepted by their parent or guardian.

8. INSTRUCTION ON YOUR OWN YACHT:

All conditions herein apply if you are using your own yacht, plus the Student will be expected to reimburse any travelling or out-of-pocket expenses for the Instructor from the Royal Langkawi Yacht Club base to wherever the vessel is lying, and the return journey, if applicable.

a) The Student’s vessel will be expected to be equipped with the minimum RYA standards and provide the Instructor with all bedding and victualling whilst on board.

b) If the Student’s vessel is over 50 miles from the Royal Langkawi Yacht Club and it is not possible for the Instructor to get to the Student’s vessel within 2 hours, please allow for 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. FOREIGN PORTS:

Please take your passport on any course in the event of calling into any foreign country, whether intended or not. A Student must seek permission from the Skipper for anything he brings on the School vessel whilst in a foreign port. The Student shall indemnify Red Cap Sailing School, its legal entity, employees, staff and contractors, 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, including 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 always final.

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. There shall be no 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 Students maximum sea time. However, if in the Skipper’s opinion, weather conditions, safety or any other consideration renders it unviable, 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 or the Terms and Conditions stated herein.

13. SCHOOL CANCELLATION:

If, for any reason, the School is unable to fulfil a booking or a vessel becomes unseaworthy for any reason whatsoever and a course has to be cancelled, the School will inform the Student immediately upon such knowledge. 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 relevant insurance in respect of their participation at the School.

15. DISCLAIMER:

a) No liability is accepted for any Student’s possessions on the pontoons or in the Schools vessels, office 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:

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 per item.

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 the 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) Students who stay onboard for an exam are required to clean the boat once the Examiner has left. Failure to do so will incur a cleaning charge of £100 which will be divided between all Students onboard.

19. PUBLICITY AND SOCIAL MEDIA

In booking a course with the School, the Student agrees that any pictures or video taken of them during a course can be used by the School for business purposes, including but not limited to press, publications, online social media, marketing, advertising and print without any limitation. If a Student does not wish for their image to be used in such a way, they must explicitly state this in writing to the School prior to the commencement of the course.

20. 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 England and the parties submit to the non-exclusive jurisdiction of the courts of England in respect of a dispute or difference between them arising out of this agreement (contract). It is further agreed all agreements between customers, clients, Students, contractors and staff of the Red Cap Sailing School shall be governed by English Law, even when the dispute occurs outside British territorial waters

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.

By making a booking with the School you will be added to our mailing list to receive latest news and offers; you will have the opportunity to opt out if you wish via these mailings. The School will hold your personal details on a secure server in order to keep information regarding your past and future bookings.

Students completing a course via ryainteractive.org: 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 this training centre for a period of 1 year from the date of your course booking.

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.

Students undertaking a theory course delivered by Navathome.com, an RYA Recognised Training Centre: To enable access to your online course we need to share some of your personal data with Navathome.com. as follows: student name, shipping address, contact telephone number (to be provided to the courier for shipping of the course theory pack), student email address, which must be unique to each student, and level of course being studied. This training website and database is held and maintained on a secure server.

Navathome.com specialises in online sailing training and will not use your personal information for any reason other than enabling your course.

If your payment information is collected by the School on behalf of itself or any relevant third party, this information is collected by the School and is not passed on to any other unrelated organisation. Any payment information for the purpose of logging you into Navathome.com will not be retained once the payment is made. Your name and email address will be entered in order to create your user account. Your postal address will be provided in order to send your student pack.

Please note that you will be responsible for shipping costs in relation to Navathome.com so please be aware of Navathome.com’s shipping policy. Navathome.com is unable to ship to addresses which contain PO Box Numbers, a physical address will be required. Please provide a valid contact telephone number at the time of booking. Packs being shipped to Russia must be delivered to a business address. All packs must be signed for, so make sure you or someone will be available to accept the package. Navathome.com will not accept responsibility for packs sent to marinas, or c/o addresses. If the pack goes missing after it has been signed for, the student will be liable for the cost of the replacement pack. Complimentary delivery of the materials is provided to the UK.

You will have access to the site for an initial 6 months, with options to extend in order to complete your online course. During this period, your personal information will be held on the Navathome.com website and may be available to the School who may have access to the Navathome.com database. This period maybe extended should you wish to extend your course access. On completion of your course, your name and email may be retained by Navathome.com for the purpose of recording details of the course and any certification you gain as a result of it. This information allows Navathome.com to record your certification. Your Instructor will not hold any information for the purposes of student support after this date.

Please note that this agent may hold information to enable provision of other training not associated with the Navathome.com course provider. Should you not complete the course in the given time frame, your name and email may be retained by Navathome.com for the purpose of recording details of the course. This information allows Navathome.com to retain a record of coursework you have completed. If you would like your personal data removed from Navathome.com prior to the end of your access period or at any time before you have completed your course, please contact Navathome.com. Please note that if you request deletion of your account before you have completed your course, your access to the course and records of your progress may be lost. If you would like details of your online course removing from the Navathome.com database when you have completed the course, please email your request to them giving your name and email address. Please note that removal of course details from the Navathome.com database, means that any certification gained as a result of this course may not be verifiable by Navathome.com, nor would Navathome.com be able to help with a replacement certificate. Full details of how Navathome.com will deal with your personal information is given in Navathome.com’s terms and conditions and by taking a Navathome.com course, you will be subject to Navathome.com’s terms and conditions and their GDPR policy.

22. UPDATES TO THESE TERMS AND CONDITIONS

The School reserves the right to update these Terms and Conditions from time to time, and also to include specific additional Terms and Conditions in relation to individual Students on a case by case basis.