Professional – MCA & STCW Training
- Definitions and Interpretation
1.1. The definitions in this clause apply to these Terms:
‘Course’: the Professional MCA training courses supplied by us, together with relevant Course Materials (where applicable) as more particularly described on the Website or in our brochure;
‘Course Fees’: the fees payable by you to us for the Course, in accordance with clause 3.1;
‘Course Materials’: the supporting materials and documentation supplied with the Courses (where applicable);
‘Open Day’: an open day arranged by us demonstrating and introducing the Courses available to prospective customers;
‘Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill and to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply for and be granted) and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world;
‘Terms’: the terms and conditions set out in this document;
‘We’, ‘us’ or ‘our’: UK Sailing Academy, a company registered in England and Wales under company number 02251024, whose registered office is Arctic Road, West Cowes, Isle of Wight, PO31 7PQ;
‘Website’: www.uksa.org; and
‘You’ or ‘your’: the customer ordering the Course from us.
1.2. Headings do not affect the interpretation of these Terms.
1.3. A reference to ‘writing’ or ‘written’ in these Terms includes email but excludes fax.
1.4. Any phrase introduced by the terms ‘including’, ‘include’, ‘in particular’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
1.5. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
2.1. A contract is formed between you and us when a deposit is received.
2.2. Save as permitted under clauses 4 (If you cancel) and 5 (If we cancel), no other person, employee or representative of us can vary the details of the Course.
3.1. The price of the Course is the displayed price on the Website at the time of your booking and is not subject to VAT.
3.2. We may alter the price for the Course after you have booked your place on the Course with us, however this will not affect the Course Fees payable by you. 3.3. A place will be reserved upon receipt of full payment for courses under £1,000.00, or a deposit of 10% of the course fees if greater than £1,000.00.
3.4. The final balance of the Course Fees is due 10 weeks prior to the Course start date of the first booked module (this date is detailed on your final invoice).
3.5. Any bookings within 10 weeks of the Course start date will require full payment of the Course Fees before we can confirm your place on the Course.
3.6. Your booking acceptance will be confirmed in writing.
3.7. If the full payment of the Course Fees is not received on the due date, in accordance with clauses 3.4 and 3.5, we reserve the right to reallocate or cancel your booking on that Course.
- If you cancel
4.1. If you book your Course and or accommodation over the phone or online, you have a right to cancel your place within 14 days of the booking confirmation. If you cancel within 14 days of booking you will receive a full refund of monies paid including the 10% deposit.
4.2. If your Course and or accommodation starts within 14 days of the booking confirmation, you agree that the cancellation rights under clause 4.1 do not apply and should you cancel the Course we will retain all of the monies paid.
4.3. Any cancellations should be made in writing in accordance with clause 21 (Notices and Communication).
4.4. The cancellation will be effective from the date of notice (if sent by post) or the date of a delivery receipt email from the correct email address (if sent by email), if sent to such address or email address stated in clause 4.3 above (or as otherwise notified by us to you in writing).
4.5. If you cancel more than 14 days after your booking, any refunds will be based on the time left until Course start date and the following cancellation charges shall apply (‘Cancellation Charges’):
– More than 2 weeks – full refund, minus the loss of 10% deposit or 10% of all course fees paid
– Less than 2 weeks –Loss of all course fees including 10% deposit if applicable
4.6. We shall be entitled to deduct any Cancellation Charges from any monies paid on account by you. Any additional amount payable by you in respect of Cancellation Charges shall be payable within 7 days of the date of cancellation. If monies paid on account by you exceed the amount of the Cancellation Charges, we will pay any balance to be refunded to you within 7 days of the date of cancellation.
4.7. We will not be able to waive the Cancellation Charges if you cancel for any circumstances outside of our control. This includes failed visa applications, or late cancellation of your travel arrangements.
4.8. No refund will be made for non-attendance on a Course.
- If we cancel
5.1. We always endeavour to complete scheduled Courses but we may have to cancel for unforeseeable or operational reasons.
5.2. If we do cancel, we will give you at least 7 days’ notice before the start of the Course.
5.3. If we cancel your Course due to circumstances in clause 5.1 above, you will have the choice of a full refund of any monies paid (including the 10% deposit) or an alternative Course date (capacity permitting).
5.4. We may cancel your booking at any time with immediate effect by writing to you if:
5.4.1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
5.4.2. you do not comply with your obligations under these Terms;
5.4.3. you are the subject of a bankruptcy petition or order; or
5.4.4. you fail to disclose medical information as part of the booking process.
5.5. If we end the contract in the circumstances set out in clause 5.4, we will refund any money you have paid in advance for the Courses we have not provided, but we may deduct or charge you for our reasonable costs and expenses incurred as a result of you breaching these Terms, including the preparation of the Courses which were to be provided and/or any Course Materials.
5.6. On termination of the contract for any reason you shall:
5.6.1. immediately pay to us all of our outstanding unpaid Course fees; and
5.6.2. return or destroy (at our request and sole discretion) all of the Course Materials provided (if any).
- If we make alterations
6.1. The arrangements for the Course are given in good faith at the time of advertisement, but we reserve the right to provide comparable alternative arrangements if operational or other considerations so dictate.
6.2. If we make a major change to your booking, we will inform you as soon as reasonably possible. You will have the choice of either accepting the change of arrangements or cancelling your booking and receiving a full refund of any monies paid (including the 10% deposit).
6.3. This does not limit our right to make any alterations to Courses should health and safety considerations require it or which are necessary to comply with any applicable law.
- If you make alterations
7.1. We will always try to accommodate alterations that you request but any changes are subject to availability.
7.2. Any requests for alterations must be made in writing and sent to the Customer Liaison team in accordance with clause 21 (Notices and Communication).
7.3. Major alterations, including a change of Course, Course start date or accommodation will incur an administration fee of £20 per amendment.
7.4. Major alterations that we are unable to agree to less than 8 weeks from the Course start date will be treated as a cancellation by you (as per clause 4 (If you cancel)) and the Course will need to be rebooked.
7.5. Should you need to leave the Course prior to its completion, due to sickness, family emergency, or any other reason, no refunds or adjustments can be made for any unused portion of the Course. We strongly recommend you take out insurance to cover you for such circumstances.
8.1. All Courses are delivered and assessed in English.
8.2. Because of the nature of some training, you must declare any medical or physical condition in advance when completing a medical form as part of your Course acceptance.
8.3. The disclosure of medical information will not automatically prevent you from attending the Course but medical conditions will be assessed on a case by case basis.
8.4. Deliberate non-disclosure of the information related to clauses 8.2 and 8.3 will be regarded as a breach of contract and will result in the termination of training without refund of the Course Fees.
8.5. We may, in addition to our own employees, engage sub-contractors to provide all or part of the Courses provided to you and such engagement shall not relieve us of our obligations under these Terms.
8.6. All information will be treated in strictest confidence, subject to the terms of clause 17 (Data protection).
- What is included/excluded – training and activities
9.1. The Course Fees include tuition, use of specialist equipment, Course Materials and exam fees.
9.2. The Course Fees exclude the cost of resits and additional tuition in preparation for resits.
9.3. The Course Fees exclude registration fees for governing bodies.
9.4. Although we always provide the best opportunity to obtain qualifications, we cannot guarantee you will pass any Course specific exams.
- What is included/excluded – accommodation and facilities
10.1. Full board (3 meals a day) is included for residential students and lunch only is provided for non-residential students.
10.2. If you are attending a residential Course, you will be accommodated on-site in shared rooms.
10.3. Accommodation starts on the first day of your Course. If you require accommodation the night before your Course starts, you should book this before your arrival.
10.4. During busy periods or because of operational constraints, you may be allocated comparable accommodation off-site.
10.5. Single and twin en-suite room upgrades are available for an additional charge and must be booked and paid for in advance of your arrival. Demand for this accommodation is high and applicants are advised to book early to avoid disappointment.
10.6. You are welcome to use the bar and swimming pool (availability and age permitting).
10.7. You are also able to use on-site laundry services for an additional charge.
10.8. You agree not to park on our premises unless you have a disabled blue badge and inform us in advance of your arrival.
11.1. We always aim to deliver our Courses with reasonable care and skill and welcome feedback from our customers. However, if you are dissatisfied with any aspect of the Course, you should inform the Course Manager who will endeavour to rectify the situation. If you remain dissatisfied, you should write to Quality Manager UKSA, Arctic Road, Cowes, Isle of Wight PO31 7PQ within 30 days of the incident.
11.2. We agree to fully investigate any alleged incident notified to us by you provided we have received full payment of the Course Fees due and payable to us by you.
- Your obligations
12.1. As part of the booking process, you should have accepted and signed our Student Sode of Conduct. Should your behaviour breach the code of conduct, we reserve the right to withdraw you from the Course without any refund of monies paid.
12.2. You shall:
12.2.1. ensure all information provided by you as part of the booking process is complete and accurate;
12.2.2. co-operate with our employees, agents and sub-contractors in all matters relating to the Course;
12.2.3. keep and maintain all Course Materials, equipment and other property of ours in safe custody and at your own risk and you shall not dispose of or use the Course Materials other than for any purpose connected with the Course and these Terms; and
12.2.4. comply with any on-site regulations designed to fulfil our health and safety and safeguarding responsibilities.
- Intellectual Property Rights
13.1. All Intellectual Property Rights in or arising out of, or in connection with, the Course shall be owned by us.
13.2. You acknowledge that, in respect of any third party Intellectual Property Rights, your use of any such Intellectual Property Rights is conditional on us obtaining a written licence from the relevant licensor on such terms as will entitle us to license such rights to you.
13.3. All Course Materials are our exclusive property and shall not be copied, distributed, or made available in whole or in part to third parties or re-used. You are entitled to keep (for your own use only) any Course Materials provided by us.
14.1. You agree to indemnify us against all losses, liabilities, damages, costs (including legal fees) and expenses incurred by us arising from:
14.1.1. any damage or breakages caused to the equipment provided by us as part of the Course due to your negligent act or omission; and
14.1.2. any damage or breakages caused to the accommodation (or any fixtures and fittings within the accommodation) due to your negligent act or omission (if attending a residential Course).
- Liability and insurance
15.1. Nothing in these Terms shall limit or exclude our liability for:
15.1.1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
15.1.2. fraud or fraudulent misrepresentation; or
15.1.3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.2. Subject to clause 15.1, if we fail to comply with these Terms we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into these Terms.
15.3. Although we do our utmost to protect your belongings, we cannot accept liability for any loss or damage to your personal property.
15.4. Although we have basic watersports insurance cover, personal insurance is not included and it is recommended you arrange this separately.
15.5. If your Course includes overseas training, you will automatically be covered by our overseas medical and accident insurance policy. However, this policy does not include travel insurance and it is highly recommended that you arrange this separately.
- Events outside our control
16.1. We will not be responsible or liable for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside of our reasonable control. These include:
16.1.1. outbreak of hostilities, civil commotion, riot, invasion, armed conflict, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of preparation for war;
16.1.2. storm, earthquake, fire, explosion, flood, subsidence, drought, epidemic or any act of God affecting the conduct of the Course;
16.1.3. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
16.1.4. impossibility of the use of public or private utility networks;
16.1.5. the acts, decrees. Legislation, regulations or restrictions of any government;
16.1.6. strikes or labour unrest (other than in relation to our own employees); or
16.1.7. default by one of our suppliers or sub-contractors.
16.2. While our boats carry a selection of spare parts to cover foreseeable mechanical or maintenance issues, events outside our control may mean we are unable to rectify breakdowns within the course schedule. Although we will react as quickly as possible to resolve these issues we are not liable for breakdowns or subsequent delays outside our control.
16.3. Our obligations under these Terms are suspended for the period that such event outside of our control continues, and we will have an extension of time to perform these obligations for the duration of that period. If the event outside of our control continues for a period of longer than three months, then either party shall be entitled to terminate the contract without liability to the other.
- Data Protection
17.2. In certain circumstances (if, for example, you wish to pay for the Course on credit), and with your consent, we may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 2018 and should use and hold your personal information accordingly.
- Photographs and videos
Photographs and videos taken by us during the Course may appear in our brochures and marketing materials. The opt-in consent for us to use your photograph is requested on the medical form you are required to complete before your arrival at UKSA.
19.1. We will always seek to make reasonable adjustments in Course delivery to accommodate any attendee with physical and learning difficulties.
19.2. You should inform us of any disability before you book and pay a deposit so that we can discuss the accessibility of the Course and our facilities.
20.1. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
20.2. You may not transfer your rights and obligations under these Terms to any other person without the written consent of an authorised representative of us.
- Notices and Communication
21.1. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by hand or by pre-paid post to UKSA Arctic Road, West Cowes, Isle of Wight, PO31 7PQ, or by email to the Customer Liaison team at [email protected] We will confirm receipt of this by contacting you in writing.
21.2. If you wish to contact us by telephone, our contact number is 01983 294941.
21.3. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address or email address you provide to us as part of the booking process.
If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless an authorised representative us expressly says that it is a waiver and such authorised representative tells you so in writing.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
- Third Party Rights
Unless it expressly states otherwise, these Terms do not give rise to any rights under The Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms.
- Governing Law and Jurisdiction
25.1. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
25.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).