The following conditions form part of every contract for RYA training courses (COURSES) and sailing experiences (EXPERIENCES) provided by DEVON SAILING EXPERIENCES (DSE).
1.1. To secure your booking, you should either book using our online service or contact DSE directly and pay a 20% non-refundable deposit to secure your place. The exception to this is DAY SAIL/VOUCHERS which must be paid for in full at the time of booking.
1.2. A Booking Confirmation will be issued following receipt of the deposit or full payment. No contract will exist between you and DSE until a Booking Confirmation is issued.
1.3. If for any reason DSE does not accept your booking, any payment received will be returned.
2. Prices and payment terms
2.1. Prices for DSE products and the related payment schedules are shown on the DSE website: www.devonsailingexperiences.co.uk and are available from DSE during normal office hours. These prices are subject to change at any time.
2.2. The price applicable to a booking is the price for the relevant product shown on the DSE website on the date on which the deposit is received by DSE.
2.3. For all COURSES and EXPERIENCES booked more than four weeks prior to the commencement, a non-refundable deposit is payable at the time of booking. In the event a COURSE or EXPERIENCE is booked within four weeks of the commencement, then the whole of the fee is payable at the time of booking.
2.4. The balance (if any) of any payment due (“the Final Payment”) is payable not later than four weeks prior to the commencement of the COURSE or EXPERIENCE. You will receive an email 4-6 weeks before you sail to remind you that the payment is due. COURSE Joining Instructions will not be sent to you until the Final Payment has been received.
2.5. In the event that any fees due remain unpaid within 7 days of the date by which the Final Payment is due, DSE reserves the right to cancel your booking without any obligation to give you notice thereof. You will thereafter be liable for the appropriate cancellation charge in accordance with condition 4.3 below.
2.6. DSE will not reduce its prices in the event of favourable exchange rate changes.
3.1. The Company carries insurance of up to £3M to cover public liability and employer’s liability. A copy of DSE’s policy is available for inspection at the Company’s offices by any client. By accepting these Terms and Conditions, clients accept that the Company’s insurance cover is adequate and acceptable.
3.2. DSE’s insurance does not cover you for any loss or damage to your property not attributable to our negligence or defects in the vessel. We strongly recommend you take out your own travel insurance to cover, as a minimum, medical and personal accident expenses, loss and damage to personal effects, covers sailing over 12 Nautical Miles offshore and cancellation.
4. Amendment and cancellation by you
4.1. DSE will make every effort to assist you if you wish to alter any previously agreed arrangements. Requests must be made in writing or by email (email@example.com) In the event of an alteration, DSE reserves the right to make an administration charge of £50 per amendment, together with all communication charges or other expenses incurred by DSE. These charges will be payable whether or not DSE succeeds in confirming your requested amendment.
4.2 If you request to cancel your EXPERIENCE prior to the EXPERIENCE you can rebook ONCE within 12 MONTHS.
4.3. All cancellations must be advised in writing or by email (firstname.lastname@example.org). Written cancellation notices should be sent to Devon Sailing Experiences, 16 Barton Brake, Wembury, Devon, PL9 0BJ. Recorded delivery is strongly recommended. Cancellations are effective on the day they are received by DSE.
4.3. In the event of a cancellation being notified to DSE more than four weeks prior to the commencement of a COURSE or EXPERIENCE, all monies paid for products EXCEPT DAY SAILS and gift vouchers will be refunded with the exception of the non-refundable deposit (clause 2.3). In the event that the cancellation is notified to DSE later than four weeks prior to the commencement of the COURSE OR EXPERIENCE, the client remains liable for the full amount of the fees, and therefore no sums paid over will be refunded. However, DSE will endeavour to sell the place and, if successful, will refund the amount of the Client’s Final Payment (less an administration fee of £50 so long as this amount has been matched from the sale of the space to the replacement client).
5. Amendment and cancellation by DSE
5.1. DSE makes every effort to operate its COURSES and EXPERIENCES as advertised but it may very occasionally be necessary to modify a COURSE or EXPERIENCE before its commencement. If the modification is significant in that it substantially undermines the COURSE or EXPERIENCE for which you are contracted, DSE will notify you as soon as practicable and offer you three choices. You may (1) accept the modification, (2) change your booking to another available product or (3) cancel and receive a full and prompt refund. If you choose another available product which is more expensive, you must pay the difference, if it is cheaper, DSE will make the appropriate refund. If there is a minor modification before you depart (that is a change not included in the definition of a significant modification set out above), DSE will make every effort to notify you, although it is not obliged to do so nor is it obliged to pay any compensation.
5.2. If DSE becomes unable to provide a significant element of your product after it has commenced, suitable alternative arrangements will be made for you at no extra charge to you or, alternatively, you will be returned to your point of departure and given a refund which DSE in its sole discretion considers appropriate to the circumstances.
5.3. In the event that the vessel on which the product booked was due to be conducted is not available, DSE reserves the right to conduct the COURSE or EXPERIENCE on another vessel. In the unlikely event that a suitable vessel is not available, DSE will advise you immediately and the provisions of clause 5.1 will apply.
5.4. DSE reserves the right to cancel your COURSE or EXPERIENCE. However, it guarantees that it will not do so for any reason other than force majeure after the date on which the final payment is due. “Force majeure” refers to unusual and unforeseeable circumstances beyond DSE’s control, the consequence of which neither DSE nor its suppliers could avoid, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, technical problems with transport, machinery equipment, power failure, natural or nuclear disaster, fire, flood or other adverse weather conditions. In the event of a cancellation due to force majeure, DSE will use reasonable endeavours to arrange an alternative product of a comparable standard. In the event that this does not prove possible or practicable, DSE undertakes to give an appropriate refund having regard to the circumstances.
6. Validity of sailing EXPERIENCES including vouchers
6.1 Vouchers are valid for 12 months from the time of purchase. You must book an experience within this time. If your voucher does not expire prior to the end of the season (1st October) you may use it for the following season (1st April-1st October).
6.2 EXPERIENCES that are paid direct (not vouchers) such as day sails and weekend sails are valid at the time and date of the booking.
7. Responsibilities of DSE
7.1 Your safety is our primary concern. Devon Sailing Experiences is equipped with safety gear in excess of that required by law, and is run by highly experienced management team. You will receive a full safety briefing at the start of the booking. You must agree to abide fully with the instructions of the skipper and permanent crew.
7.2. Whilst DSE takes all reasonable precautions to prevent accidents or injury, you acknowledge and agree that some of the activities you participate in on the COURSE or EXPERIENCE carry a risk of accident and injury. You undertake not to take any unreasonable risks, and you accept that if you do, then you are responsible for the consequences of your own actions.
7.3. DSE will make all reasonable checks to ensure that those involved in the preparation and provision of its COURSE or EXPERIENCE have the appropriate qualifications.
7.4 Descriptions, information and opinions given in DSE’s brochures and on its website in respect of the yachts, accommodation and other suppliers whose services are used are given in good faith, based on the latest information available at the time.
7.5. DSE will be under no liability whatsoever if you suffer loss, death or personal injury where there has been no fault on the part of DSE or its employees, skippers, agents or suppliers and the loss, death or personal injury suffered is attributable to your own acts or omissions or to the acts or omissions of a third party not involved in providing the services which make up your COURSE or EXPERIENCE, or to unusual or unforeseeable circumstances or events which could not have been anticipated or avoided by DSE or its employees, skippers, agents or suppliers even with the exercise of all due care. DSE’s liability to compensate you and the amount of such compensation is subject to the following limitations:
7.5.1. In the case of damage other than death, illness or personal injury, compensation is restricted to a reasonable amount having regard to such factors as, inter alia, the cost and the extent to which the enjoyment of your COURSE or EXPERIENCE can be said to have been affected.
7.5.2. In all cases, liability and compensation are limited in accordance with the provisions of all international conventions which concern transportation and accommodation.
7.6. DSE undertakes to pay all running expenses of RYA COURSES and EXPERIENCES excluding bespoke exclusive charters including scheduled harbour and port dues, pilotage fees, fuel and gas. DSE also undertakes to use reasonable endeavours to fulfil the COURSE or EXPERIENCE within the planned time period and to return the vessel to the homeport on the date and by the time specified on the Booking Confirmation. However, DSE is not liable for any loss incurred in the event that conditions beyond its control make these aims impossible to achieve.
7.7. Every attempt will be made to give clients maximum sea time. However, if in the opinion of the instructor or skipper, weather conditions, safety or any other consideration renders it imprudent, the instructor or skipper’s decision is final.
8. Your responsibilities
8.1. You are responsible for advising DSE of details of any medical condition or allergies that you have suffered prior to the commencement of the COURSE or EXPERIENCE and of any medication that you are on that may adversely impact you while onboard. In the event that DSE in its sole discretion considers that these conditions are likely to create an unreasonable burden on the efficient conduct of the COURSE or EXPERIENCE, DSE has an absolute right to cancel your booking, in which event the cancellation provisions of clause 4.3 above will apply.
8.2. In the event that you have a criminal record or have pending any criminal charges against you, you are responsible for advising DSE of this fact. Should either of these circumstances apply, DSE has an absolute right to cancel your booking, in which event the cancellation provisions of clause 4.3 above will apply.
8.3. General information concerning passport, visa and health requirements applicable to your COURSE will be sought from you following receipt of your booking form. It is your responsibility to obtain all documents required for your COURSE to ensure that these are in proper order and to take them with you. DSE will not be liable if you fail to do so and you will be responsible for meeting any additional costs incurred by reason of such failure.
8.4. When applicable, you are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your COURSE or EXPERIENCE. DSE cannot accept responsibility for missed flights as a result of late check-ins and no credit or refund will be given if you fail to take up any component of your product. No credit or refund will be given for lost, mislaid or destroyed travel documents.
8.5. You will be expected to comply with DSE’s code of behaviour (see paragraph 9). Refusal to adhere to the code can result in your being required to leave the COURSE or EXPERIENCE. In this event, you accept that you will not be entitled to any refund in respect of the cost of the COURSE.
8.6. In the event that your standard of sailing skills proves to be substantially different to that indicated by you on your COURSE booking form, and it proves impractical to include you in the COURSE on which you have booked, DSE undertakes to discuss the situation with you but reserves the right to exclude you forthwith from the COURSE.
8.7. You are responsible for taking appropriate care of the yacht on which your COURSE or EXPERIENCE is conducted. In the event of damage being inflicted on the yacht, then you will be required to pay pro rata for the damage sustained.
8.8. Clients accept that they undertake the COURSE or EXPERIENCE at their own risk. DSE is not responsible for any injury or damage that is caused to a client while on the Company’s premises, on pontoons, ladders or vessels.
8.9. All clients accept that as an accredited RYA COURSE, certificates will only be issued at the end of a COURSE if, in the opinion of DSE’s instructors and principal, the client has reached the required standard. DSE’s decision shall be final and accepted by the client.
8.10. All clients accept that a part of the RYA training COURSE requires them to undertake cooking, cleaning and routine maintenance as required by the instructor. At the end of the RYA training COURSE, all students will be expected to assist in the cleaning of the vessel returning it in the same state of cleanliness as it was at the start of the COURSE.
8.11. DSE operates a strict policy of no smoking or use of illegal substances on all of its vessels. Clients agree to adhere to this policy.
8.12. The Railway and Safety Act 2003 makes it an offence for any professional staff on duty to be incapable of carrying out their duties if impaired because of drink or drugs. This includes being in charge of a vessel at anchor or in port. DSE requires that all staff and clients adhere to this policy.
8.13. All RYA COURSE clients must be able to swim unaided for at least 100 meters.
8.14. Clients accept that all personal effects and property brought on board a vessel of the Company is done so at their own risk. DSE does not accept any responsibility or liability for any loss or damage incurred while attending the COURSE.
9. Code of Conduct
9.1. It is the aim of DSE to ensure all guests enjoy their sailing.
9.2. It is the policy of DSE that all RYA instructors, students and guests show respect and understanding for each other, treat everyone equally within the context of sailing and conduct themselves in a way that reflects the principles of the company.
9.3. Abusive language, swearing, intimidation, aggressive behaviour or lack of respect for others and their property will not be tolerated and may lead to disciplinary action.
9.4. Onboard a yacht, the skipper’s/instructor’s decision is final. All employees, contractors, students and guests of DSE should listen to and accept what you are asked to do to keep you safe.
9.5. Respect towards other users of the marina should be shown at all times.
9.6. All employees, contractors, students and guests of DSE should support the involvement & inclusion of all those taking part in COURSES and EXPERIENCES.
9.7. Instructors, skippers and COURSE attendees should abide by RYA standards.
9.8. All employees, contractors, students and guests of DSE should take care of all property belonging to DSE, other guests and King Point Marina.
9.9. Skippers and COURSE attendees should be aware of any signs of illness shown by their fellow crew members and report it as appropriate.
9.10. COURSE attendees should not undertake any training whilst under the influence of alcohol or drugs. GUESTS must not operate the yacht or associated equipment whilst under the influence of alcohol or drugs.
9.11 Use established procedures where there is a genuine concern or dispute (paragraph 11).
During the period of your COURSE or EXPERIENCE with DSE, you may book an excursion or undertake an activity other than one arranged by DSE. In such an event, your contract for such excursion or activity is with the local company providing that excursion or activity and not with DSE. DSE has no legal liability for anything that goes wrong on such an excursion or activity and any claim which you might have arising out of the same will be against the local supplier and be subject to its terms and conditions.
11. Your privacy
12. If you have a problem
12.1. If you are unhappy with any aspect of DSE’s arrangements during your COURSE or EXPERIENCE, in the first instance this should be addressed to the course instructor or skipper. If this is not acceptable or convenient please address your complaint to the school Principal and Company Director (Nicholas RIch) at the following: Devon Sailing Experiences, 16 Barton Brake, Wembury, Plymouth, Devon, PL9 0BJ. Tel. 01752 424 514 Email: email@example.com.
12.2 If you are undertaking an RYA COURSE and do not receive a satisfactory reply, please list all details including course type and date, include your full name and address and as much information as possible and write to: Mr Richard Falk, RYA Training Manager, RYA House, Ensign Way, Hamble, Southampton, SO31 4YA
13. Description of services
13.1. DSE’s brochures are produced many months in advance of COURSES and EXPERIENCES taking place. Every effort is made to ensure that the details, description and prices contained in brochures are correct, based on inspection and information passed to DSE by its suppliers. However, changes do occur, sometimes at short notice.
13.2. DSE maintains its latest and most detailed information relating to its services and COURSES and EXPERIENCES on its website: www.devonsailingexperiences.co.uk. In the event of a client being provided with information which is in conflict with that stated on the Company’s website, it is the website information that should be regarded as being correct, unless the contrary information is specifically confirmed to the client in writing.
14.1. The contract to which these conditions apply and any matter arising from it are governed exclusively by the laws of England and Wales.
14.2. Unless expressly provided otherwise, no person who is not a party to a contract to which these conditions apply shall acquire any rights thereunder by virtue of the Contracts (Rights of Third Parties) Act 1999.
DEVON SAILING EXPERIENCES LTD
16 Barton Brake, Wembury, Plymouth, Devon, PL9 0BJ
DEVON SAILING EXPERIENCES LTD is a Limited company registered in England & Wales: Number 09363771