Sea School Terms and Conditions

Contract:

Your contract is with Mylor Cruising. When you make your deposit payment and sign the booking form you are accepting these conditions for yourself as a student of the sea school. The student agreement becomes binding when signed by you and confirmed in writing by Mylor Cruising.

Booking Arrangements:

To make a booking, telephone the above or make a request via our website. We will then check availability and you can place a booking for your chosen course. The completed booking form and a 25% deposit must reach us within 5 days of your booking being placed, otherwise your booking will automatically expire. Within a few days of receipt of your booking form, we will send you a booking confirmation and joining instructions with details of payments made and due.
Please check these details for accuracy.

Payment:

Cheques should be made payable to Mylor Yacht Cruising School. The 25% booking deposit should be sent with your booking form to secure your booking. The balance payment is payable no later than 56 days prior to the start date of the course. If the balance payment remains unpaid within 56 days prior to departure, we reserve the right to cancel your booking and to make cancellation charges. These are detailed below in the cancellation section of these terms and conditions.
Booking Particulars: Booking particulars will be as per your booking form and our booking confirmation. Initial port of boarding shall be the same as port of departure unless otherwise agreed and confirmed in writing.

Cancellation:

If you have to cancel your confirmed booking for any reason, this must be in writing and signed by the person who signed the booking form. The cancellation will be effective from the date it is received by us. The following cancellation charges are applicable. If cancellation is more than 56 days prior to start date of the course: 100% of deposit. If cancellation is 56-28 days prior to start date of the course: 70% of course cost. If cancellation is less than 28 days prior to departure: 100% of course cost. Please note that these charges may also apply if payment is late and we cancel your course as stated above. Any changes made to the original booking form after 56 days prior to start date of the course may, at the discretion of Mylor Yacht Cruising School, attract a cancellation charge if such change may affect the insurance requirements of the vessel, crew or training course plan.
Please note that if you have personal holiday insurance you may be able to claim the cancellation fees if the reason for cancellation falls within the cover provided by the insurance policy. Please check with your insurance company.

Mylor Yacht Cruising School’s Obligations:

Mylor Yacht Cruising School shall provide the yacht for the student in good order and seaworthy condition complying with the provisions of the Department of Transport Safety of Small Commercial Vessels Code of Practice and Royal Yachting Associations (RYA) requirements for sail training. To the extent that the said requirements are applicable to the yacht and with the minimum equipment required. In the event of any loss of time occasioned as a result of Mylor Yacht Cruising School’s failure to comply with the provisions of this Clause, the student’s damages shall be limited to the course fee and Mylor Yacht Cruising School shall have no liability for consequential losses of whatsoever nature.

Mylor Yacht Cruising School will provide a professionally qualified instructor/skipper for the duration of the course. The skipper will be qualified to the appropriate level to teach the selected RYA course. Whilst every effort is made to provide continuity of an instructor throughout a course, Mylor Yacht Cruising School does not warrant that the same instructor will complete all aspects of the course should external circumstances prevail.

Mylor Yacht Cruising School will use their best endeavours to deliver the training course to the students at the agreed time and place. If for any reason the yacht or instructor shall not be so delivered, a pro rata refund will be made to the student for each complete 12 hours delay. If such delay precludes satisfactory completion of the course, the student shall be at liberty to treat the course as determined and Mylor Yacht Cruising School shall thereupon return all sums paid. In this event Mylor Yacht Cruising School shall not be at liberty to pay to the student any other compensation for any loss or damage of whatsoever nature resulting from the curtailment or cancellation of their course.
The instructor on any given course shall have a power of veto to amend, curtail or cancel a course which presents to him a situation that might endanger the yacht or any person on board, violate the vessels’ insurance, prevent or be likely to prevent the timely re-delivery of the yacht at the end of the course or otherwise be prejudicial to the Owners’ interest.

Students’ Obligations:

The student will ensure that he/she has the appropriate experience and qualifications, as indicated by the RYA’S guidelines, to undertake the course booked. In the instance that an instructor deems that the student is not demonstrating the necessary skills to undertake a course, the instructor will be empowered to terminate that students’ course early if the actions of the student are detrimental to other students on the course.

The student will ensure that he/she has appropriate type and amount of clothing for the duration of the course. Importantly, the correct footwear must be worn (advice on footwear and general clothing requirements can be obtained from Mylor Yacht Cruising School prior to the commencement of the course).

The student will ensure that he/she is medically fit for sailing. The student should consult with a general practitioner or qualified medical advisor if they have any doubts at their fitness. On accepting these booking conditions, the student declares that to the best of their knowledge, he/she is not suffering from epilepsy, giddy spells, asthma, diabetes, angina or any other heart condition and he/she is fit to participate in the course.

General:

Mylor Yacht Cruising School shall have the right to restrict the cruising limits of the training course in the light of the experience of the students and/or the actual or anticipated weather conditions.

Save as provided otherwise in the terms of business of Mylor Yacht Cruising School, the provisions herein shall exhaustively govern the rights and obligations of the parties hereto.
In the event of a dispute between the student and Mylor Yacht Cruising School, which cannot be resolved between the parties, then the first reference for arbitration will be the RYA.
These conditions are subject to English Law. Any and all differences or disputes of whatsoever nature arising out of the course shall be referred to a sole Arbitrator to be appointed by the President for the time being of the London Maritime Arbitrators Association. The provisions of the Arbitration Acts 1950 and 1979 and any statutory modification thereof shall apply to any arbitration.
The terms and conditions shown here shall take precedence over any terms and conditions shown on booking forms or letters accompanying your booking unless otherwise agreed in writing by Mylor Yacht Cruising School.