Terms and conditions for Cornish Cruising

 

1. About

1.1 Cornish Cruising (hereby referred to as 'we', 'us', 'our', 'the company', 'CC') is an RYA and MCA approved training centre as well as a yacht charter company and has been operating since 1984.

1.2 We offer first class sail training from a wide range of instructors over a catalogue of courses, as well as sailing cruises (also referred to as 'sailing holidays' and 'mileage builders') and yacht charters. These are referred to collectively as our 'product' in this document.

1.3 We try to operate as liberally as professionally possible, setting out as few guidelines as we are comfortable with, relying on you (the customer) to act with courtesy toward other customers, our staff, and the general public.

1.4 It is specifically not a requirement that customers (whether payee(s), attendee(s) or both) read or sign a copy of these terms and conditions in order to be bound by them. At the time of making any  payment by any method, you agree that you have read and are bound by these terms.

2. Bookings

2.1 At the time of making a payment you agree to be bound by the rules set out in this document. If you do agree with these terms then you should not proceed with a booking.

2.2 Failure to uphold any part of these terms and conditions may result in an immediate termination of services by us with no liability to you whatsoever. Failure by CC to enforce these terms does not result in a waiver of such terms, instead it is up to the discretion of the director to enforce as he sees fit.

2.3 In making a payment, you agree that the attendee(s) of the course is physically suitable to attend the product which has been booked. We hold no liability for any health issues you may experience whilst attending any of our products unless by gross negligence on our part.

2.4. A minimum deposit of 25% per person for Courses/mileage builders or £300.00 for a charter is required at the time of the booking. In the event of a cancellation, this deposit is non-refundable.

2.5 Settlement must be made six weeks before the commencement of the product. If such a settlement is not made, we reserve the right to resell the product and are not liable to refund any fee.

2.6 Once amounts are confirmed with CC, the payee(s) are fully liable whether confirmed in writing or not. We do not accept provisional bookings.

2.7 If a cancellation is made prior to six weeks before the start date any money paid less the deposit will be refunded.

2.8 If a cancellation is made within six weeks of the start of the product we will make every effort to re‐sell the product booked, but you will remain liable for the full amount.  If we succeed in reselling the product at the specified time, the fee received less the deposit will be refunded.

2.9 Occasionally, discounts are offered. If this offer is taken up, then the whole product fee is taken as the deposit and in the event of cancellation , the whole fee will not be refundable. We will do our best to re-sell the product booked and in the event we can then monies will be re-funded less a 25% deposit of the normal product fee.

3. Advertising

3.1 CC uses a wide variety of advertising and marketing techniques. We accept no liability whatsoever for any errors is any of these materials, it is the responsibility of the payee(s) to confirm all relevant details prior to booking.  

3.2 Occasionally, publicity photos are taken for use in marketing. You agree to give permission for photos featuring the attendee(s) of the course, fee free. The majority of the time, this will be done by contacting the person in question when the photos are taken, but occasionally we are unable to make contact.

3.3 Our master price list is available in our brochure, and may be subject to change. Quotations will be given upon contact with CC, however any quotations given may be subject to additional conditions (for example, time-limited special offers.)

3.4 We are able to give information regarding the services that we offer - courses are subject to RYA syllabi, and hence the RYA is a great source of information for these. You must make sure that you fully understand the product which is being booked.

4. The services we offer

4.1 It is the attendee(s) and/or payee(s) responsibility to ensure that the product that has been decided upon is suitable for them and any others they may be booking on behalf of. This includes being physically and mentally fit and able and meeting any requirements such as prior knowledge. If the attendee(s) are not suitable for any reason or miss part of the course without agreement with CC, we reserve the right to cancel or reschedule the product booked depending on the customers decision and we are not liable for any refund if such a situation occurs.

4.2 You are not guaranteed to pass any part of any RYA training course or experience. Any decision made by CC staff or external examiners is final with respect to certification. The decision of the school principle is final in all other cases.

4.3 It is the responsibility of the attendee(s) to inform both CC and their instructor/skipper(s) of any medical conditions or other considerations which may affect their ability to participate in any of our products.

4.4 Our products include activities which may require a suitable degree of fitness, it is entirely the responsibility of the attendee(s) and/or payee(s) to make an assessment of the attendee(s)' fitness. If a cancelation is made due to the attendee(s) being unfit whilst on the course (whether for reasons of health, physical or mental fitness) then CC is not liable to refund any monies. However, refunds or rescheduling will often be given for humanitarian reasons.

4.5 You agree that you have been warned against the possibility of serious or fatal injury or trauma resulting from (but not limited to) the boom onboard sailing vessels. Furthermore, you agree that it is the responsibility of the attendee(s) to maintain a look out for hazards such as that mentioned. If such an accident occurs, neither CC nor the skipper of the vessel is responsible for any compensation, as it is viewed by ourselves as an accident (i.e. it is an unfortunate incident that happens unexpectedly and unintentionally and is the fault of no-one.)

4.6 If any of our instructors or skippers administer medical aid, neither CC nor said instructor/skipper is liable for the outcome, unless in the case of that persons proven negligence. CC prefers not to blame people for trying to help others.

4.7 Unless specifically agreed with CC, the age limit on our courses and mileage builders is 16. If an underage attendee(s) arrives without CC having been informed beforehand, they may not be allowed to attend the course, and CC accepts no liability for this.

4.8 CC is in no way responsible if any of our products are booked for an attendee(s) who is not sufficiently experienced, capable or qualified. It is solely the responsibility of the payee(s)/attendee(s) to ensure that any pre-course recommended experience levels, or any other pre-requisites are met.

5. Personal conduct

5.1 CC permits alcohol aboard vessels, however, in accordance with the law (Section 80 (Non-Professionals) of the Railways & Transport Safety Act) this must be in moderation and must be whilst the vessel is not underway, whilst the attendee(s) might be required to participate in the operation of the vessel. We leave it up to the skipper of the vessel to determine the reasonable limits of this rule, and their word is final in all of these cases.

5.2 Likewise, CC permits smoking aboard vessels. In accordance with the law, this must be on deck or in the cockpit of the vessel. The same enforcement rules as smoking apply, however we ask that customers do not 'light up' whilst lectures or teaching is occurring, and that when they do light up, they are downwind of other clients.

5.3 CC allows no recreational drugs other than the above and caffeine.

5.4 The skipper of the vessel or instructor of the course has absolute authority, and should be complied with at all times (within reason). This is for the safety of the attendee(s), crewmembers and the general public.

5.5 Attendees must observe a high standard of personal conduct and obey all reasonable instruction given by any CC staff.

5.6 Attendees who do not comply with any of the above, or according to the skipper or instructors prerogative, may have their service terminated with immediate effect, or may be discharged from the vessel at the nearest available port, with no liability to the instructor, skipper or CC whatsoever.

6. Our responsibilities

6.1 We will run the advertised MCA or RYA approved course or other product according to company policy and MCA/RYA guidelines.

6.2 We are responsible for supplying a clean, safe, insured and commercially coded vessel.

6.3 If any of our vessels or instructors/skippers are unavailable for any reason we reserve the right to change said vessel/instructor/skipper for a suitably qualified replacement. Under no circumstances does CC guarantee to provide you with a particular vessel/instructor/skipper. This is in order to cover mechanical failure/force majeure, illness etc . Generally, we will fulfil requests for vessels and instructors, but this is not guaranteed.

7. Insurance

7.1 CC and all properties owned by the company are covered for all usual risks.

7.2 CC is not responsible for any accident, incident, loss, damage or injury to the attendee(s) or attendee(s)' property unless in the case of our proven negligence and any authority invoked making an official judgement on the matter.

7.3 CC recommends insurance to cover health, travel, property, accidents, cancellations etc. There have been many incidents of dropping electronic devices overboard, and so we recommend this in particular.

8. Unusual products

8.1 CC provides own-boat tuition. It is the responsibility of the attendee(s) and owner(s) of the relevant vessel to ensure that said vessel is safe and comprehensively insured for the relevant activities/tuition that has been booked. CC holds no liability for the failure of equipment or insurance on these vessels unless in cases of proven negligence on our part.

8.2 Likewise, CC provides yacht delivery services - to which the same rules apply (as 8.1)

8.3 No refund will be provided for physical goods (for example, gas, RYA books etc) purchased from the office, unless such physical goods are unused and returned as sold.

9. Cancellation/booking change procedure from the payee(s)/attendee(s)

9.1 The payee(s)/attendee(s) have the right to change/cancel a booking up until 6 weeks prior to the first day of the booked product. A refund will be provided less the deposit if a cancellation is made up until this time.

9.2 After the 6 week time limit, refunds will not be provided unless the product is resold by us. If the product is resold, a refund will be made less the deposit.

9.2 If the attendee(s) decide whilst the product is ongoing that said product is not suitable (for example due to the attendee(s) being seasick), CC is not liable to provide any refund unless in cases of proven gross negligence. Depending on the decision of the director, rescheduling of the product will normally be allowed, with this happening in the majority of cases.

9.3 If the dates of a fully booked product are changed for any reason at least 6 weeks before the start date of the product, according to agreement with CC management, then said product will be provided in full, at a time of the payee(s)s/attendee(s)s discretion, with no further payments. If the rescheduled product is cancelled, no refund will be provided.

9.4 If the product is cancelled or if the attendee(s) decides to depart the course at any time, CC is not liable for any refund. However, the director may make a further decision based on his discretion - more often than not, a rescheduling will be provided.

9.5 In the vast majority of cases, all rescheduling and cancellations are settled very simply and rapidly. Multiple course changes are allowed, depending on the directors discretion.

9.6 In all cases, the final decision of any refund or re-booking/change of date lies with the director and principle of the company.

9.7 In the case of any cancellation in any case under any circumstances, CC is not responsible for any further compensation than the course fee (for example, travel expenses etc.)

10. Cancellation/booking change on our part.

10.1 If any product is cancelled by CC (for example due to weather), the payee(s)/attendee(s) have the right to a rescheduled product at a time of their choosing. This rescheduled product is then defined as a 'first' booking in section 9.

10.2 In the case of any cancellation in any case under any circumstances, CC is not responsible for any further compensation than the course fee, and only then to the conditions above.  

 10.3 Occasionally, adverse weather affects our mileage builders, requiring the destination(s) to change. If this occurs, CC views the product as delivered, and no refund or compensation in any form will be provided.

10.4 It is the attendee(s)/payee(s)s duty to contact CC prior to the product start date to confirm that the product is going ahead. We strongly recommend that a valid mobile/landline phone number is provided to us in case an incident occurs at the last minute.

11 Complaints

11.1 Any complaints, comments, concerns or otherwise must be made first to the skipper/instructor of the course in question, whereupon most issues will be dealt with. If the issue is more serious, it must then be taken up with the director between the start and end date of the product, whereupon in most cases it will be dealt with. More serious issues will be resolved through email or telephone conversations at a later date, and compensation may be provided on the discretion of the director.

11.2 Under these terms it is not acceptable to accept the product we provide, raise no mention of the issue with staff at CC and subsequently make a complaint. Any complaints such made will be addressed but under no circumstances will any compensation be provided. This is so we can address your complaint in person and directly.

11.3 If in the event of a serious complaint regarding RYA training, the RYA can be directly contacted in order to resolve the issue.