SeaClan Sailing
General Terms and Conditions (the “Ts & Cs”)
This is the ‘small print’ written in plain language. Please ensure to read the following Ts & Cs carefully, as they govern the relationship between you and us. You must contact us if you do not understand any of the Ts & Cs or to ask if you have any questions. Any booking you make with SeaClan will be bound by these Ts & Cs.
“You”, “Your” or “Customer” means you – a customer or user of SeaClan’s services or our website, and/or an individual booking SeaClan’s services on behalf of a third party.
“Us”, “Our”, “We”, “SeaClan” or “SeaClan Sailing” means SeaClan Sailing, who is administratively based at Liverpool Marina, Coburg Wharf, Liverpool. L3 4BP.
Payment
After any deposit listed, the balance of payment in all cases is due to Us 28 days prior to the commencement date of the course you have booked (Theory or Practical Sailing), unless agreed otherwise. We reserve the right to resell the place in the course You have booked if You do not pay Us the balance within 35 days prior to the commencement date of the course. If the booking is made within 35 days of the commencement of the course, then you must pay us the full balance at the point of booking, unless we have agreed otherwise otherwise.
Cancellation, delay, or non-arrival by customer
You have 14 days to cancel a course from the date you made the booking, and in such case Your deposit or full amount (whichever you have paid) will be repaid to You in full (less any bank account/transaction charges). Repayment will only be made to the original account that your payment was made from. If you cannot attend the course You have booked, You should contact SeaClan immediately in writing to advise.
If the cancellation is more than 35 days prior to the commencement date of your booked course you will receive a full refund. If the cancellation is less than 35 days before the course commences, SeaClan will make all reasonable efforts to resell the place at the same cost as originally advertised. If the place is resold, and only once the new customer has paid in full, SeaClan will refund the amount you originally paid, subject to the deduction of a £80.00 administration fee.
If You are not at the designated meeting place for the start of Your booked course, SeaClan will use reasonable efforts to contact You via phone and/or email in order to establish the reasons for Your absence. Providing that SeaClan can establish such contact with you, SeaClan will at its sole discretion make reasonable attempts to allow for you to arrive later. Notwithstanding the foregoing, you acknowledge and agree that as a condition of booking there can be no delay to the start of the course to accommodate Your late arrival.
Cancellation by SeaClan, Force Majeure
Due to the nature of our business, having regard to factors including the unpredictability of weather and the safety of all our crew and students, SeaClan reserves the right in its sole discretion to cancel any course at any time. If SeaClan requires cancelling a course, we will notify you in writing of the cancellation at the earliest opportunity. In the event of cancellation, SeaClan will offer you a choice of full refund of your payment or credit against another course. If SeaClan cancels your course and you wish to have a refund, the repayment will be made to you in full to the account from which the money was paid.
The possible reasons for course cancelation are not exhaustive but may include weather, fault or repair of the vessel, or it not being viable to run the course due to insufficient student numbers, ‘force majeure’ factors, or other reasons beyond our control. In the event of cancellation, other than our obligation to refund Your payment to you in full, You acknowledge and agree that to the maximum extent permitted by law We shall not be liable to You in respect of any other direct costs or losses incurred by you, nor for any indirect or consequential costs or losses of any nature incurred by You, including but not limited to travelling, purchase of equipment, and overnight stays.
Insurance
You should ensure that you have appropriate insurance to cover your participation in the course activities, and any potential losses or injury.
Liability
To the maximum extent permitted by law, SeaClan, its directors, employees, servants, agents, affiliates and any other of Our representatives exclude liability to You for any loss, damage, claim, cost, expense (including court costs and legal fees) or injury (“Loss”) suffered by You and/or to Your property whilst participating in a SeaClan course. Any items of lost property will be stored for one month after the end of each course. Lost Property items not claimed within this period will be disposed of appropriately, and you acknowledge and agree that no claim for the recovery of a lost property item can be made thereafter.
Course duration and Location
You should allow sufficient flexibility in your onwards travel arrangements in case the course or sailing adventure has a delayed return to the harbour. SeaClan can take no responsibility for any missed or late connection to transport booked or otherwise due to the nature of sailing and the uncertainty of weather and vessel speed, although an effort will be made to arrive in time if you let the skipper know. You acknowledge and agree that the information above is a guide only, and specific dates, times and other details of the booking will be on your booking confirmation and joining instructions.
Shore based courses and practical sailing courses may occasionally be subject to a change of location due to events beyond SeaClan control. In such a case you accept these changes and SeaClan will make every effort to cause minimum disruption. If however the change causes an extension of the clients travelling by 3 or more hours, or £30 or more in fares, then the client may instead ask for a refund or credit providing that they have not started the course in any way.
Late return of the vessel
The skipper of the vessel will advise you as early as possible if for any reason the vessel is likely to return to the home harbour late, to allow you to alter your onward plans. You acknowledge and agree that SeaClan is not responsible for any loss to you due to the late return of the vessel or the vessel needing to dock in a different location, or the course to be run in a different location.
Accommodation
For practical courses, accommodation will be on board our yacht where accommodation is included. Each boat in our fleet has its own internal specification and layout, and consequently you acknowledge and agree that you may require sharing a cabin and/or heads with another unrelated course participant. The skipper will allocate cabins to course participants of the same sex, if they are not related. If you have any specific requests regarding accommodation, you must contact SeaClan prior to booking the course. SeaClan will provide the mattress but no linen, pillows or covers. SeaClan recommend you bring a suitable sleeping bag and pillow if desired. It will be at the skippers’ discretion where to visit and stay during the course. It is likely that there will be a mixture of overnight harbours, mooring buoys and possibly some time spent on the anchor. Some periods may be spent at sea without any shore contact. Theory courses do not include accommodation unless stated.
Food
Food will be provided by SeaClan for the duration of the practical course. Theory courses do not include food but will include tea and coffee. You must advise SeaClan in writing at least 14 days prior to the start date of the course to advise us if you have any specific food allergy or intolerance. The skipper will speak to the crew on arrival about any preferences or requests and will make reasonable attempts to accommodate these. During your course there may be occasional meals ashore, and these meals are not provided by SeaClan. If the crew wish to eat ashore together this can be discussed with the skipper on commencement of the course; eating ashore is optional. If you choose not to eat ashore you will be able to eat onboard free of charge. Tea, coffee and drinking water will be provided to you throughout the course.
Suitable clothing
The cost of the course does not include clothes or wet weather clothes. SeaClan strongly recommends that you wear suitable clothing, further details of which can be found in joining instructions. We strongly recommend the use of sailing gloves to help prevent any injuries to your hands, and we request that you wear white soled or non marking shoes on deck. The skipper has the right to remove anybody onboard who he/she does not feel is safely clothed for the purpose and destinations of the voyage, for their own safety. Life jackets and lifelines will be provided free of charge.
Duties on board
All Customers will be expected to participate in the mutual cooking, cleaning, and tidying, and any work required on the vessel. Customers will be expected to clean the vessel from stem to stern at the end of the course. The alternative to Customer cleaning outlined above, is to pay £30 per Customer for SeaClan to provide the cleaning service on the Customer’s behalf.
Breakages
We understand that accidents happen. However, if items are broken due to your misuse, negligence, wilful misconduct, or recklessness, We reserve the right to You for the replacement cost of like for like items.
Skipper/Chief Instructors/Principals decisions
The Principal and Chief Instructor are responsible for the vessel and crew. In line with marine practice, the Skipper’s decision is final. You will always follow the instruction of the skipper. This is until the course is complete, and you have left the vessel. If for any reason you do not follow instructions from the skipper or the designated substitute, then you will be in breach of the Articles of Sailing. The skipper will take any action he considers appropriate for the wellbeing of the individual, crew and/or the safety of the vessel as a whole. If the skipper decides to place you at the nearest port in his or her sole discretion for any reason (including but not limited to your antisocial, abusive or dangerous conduct, failing to obey rules or instructions or illness), no liability whatsoever will be placed on SeaClan or the skipper and You will have no redress for any expense or refund of the course fee.
Time at sea
The skipper will use the time as effectively as possible to maximise the time spent at sea. If you do not understand the reasons for not sailing at any given time, please talk to the Skipper for an explanation. If the weather does not allow the vessel to leave port, up anchor or otherwise go out, the skipper will make an appropriate plan for that day which is likely to include theory training or training where the vessel does not need to go to sea. These alternative training/theory training may take up to 70% of the course without any refund being liable. Beyond this the course will be cancelled unless the crew are happy to proceed with the alternative training.
Vessel change
SeaClan reserve the right to substitute any vessel if required. If appropriate and reasonably practicable, SeaClan will notify you of any substitution of the vessel. For the avoidance of doubt, the substitution of any vessel does not alter any of these Ts & Cs and you shall still be bound to all Ts & Cs herein.
Age
All Customers must be over the age of 18, unless under 18 and accompanied by a parent, guardian, or chaperone. Where there is a person of less than 18 years old, the parent, guardian or chaperone must agree to these Ts & Cs on their behalf. There is no upper age limit. SeaClan must be advised at the time of booking of any under 18's being booked onto the course or sailing.
Health
As sailing is an active sport, it requires a certain level of health and fitness to participate. It is your responsibility to ensure that you are able to take part. If you are unsure about your health or fitness level and the suitability to partake in a SeaClan course, you must consult your doctor or health practitioner prior to booking. If a health issue arises during the course, the Skipper will take appropriate action. It maybe that any health issue you have or develop on the course means that the course cannot continue for you, and SeaClan cannot be held responsible for any associated costs of refunds of unspent course time.
Concerns and Complaints
If at any time you have any concerns or complaints regarding a course or any part of the service provided to You by SeaClan, then you must make us aware immediately, initially through verbal or written contact with the course leader/skipper.
Force Majeure
No liability shall accrue to either party if the other is prevented from fulfilling any of his obligations hereunder by any incidence of Force Majeure, including Act of God, strikes, lock out, War, Act of Government or Authority or any other occurrence whether similar or dissimilar wholly beyond the control of either party.
Law & Disputes
This Agreement is subject to English law. In the event of a dispute arising under this Agreement, the parties agree to use reasonable endeavours to resolve such a dispute by negotiation. If such negotiation fails, any dispute arising under this Agreement shall be submitted to the jurisdiction of the Courts of England.