Terms & Conditions of Business – Fairlead Training / Fairlead Sailing
“Fairlead” means Paul Ellis trading as Fairlead Training and Fairlead Sailing
“Client” means a company or business booking a course/event/berth with Fairlead
‘Course’ means course or event booked individually, personally or by another with Fairlead
“Participant” means an individual taking part in a course/event booked by a Client/another
“Trainer” means the person contracted by Fairlead to run the course
“Skipper” means the person contracted by Fairlead to control the sailing of the boat
“Proposal” means the document setting out the course/event outline, course objectives and price
- ENTIRE AGREEMENT
2.1 These terms and the Proposal form the whole contract between Fairlead and the Client and shall not be removed or varied in any way. No other express terms, written or oral, shall be incorporated into the contract. No agent of Fairlead shall have any authority to remove or vary any of these terms or introduce any other terms written or oral into the contract or make any representation, agree any condition precedent or enter into any collateral contract
2.2 These Terms exclude any other terms and conditions which the Client may seek to impose even though such terms and conditions may be submitted in a later document and/or purport to exclude or supersede any terms or conditions inconsistent with them or may be contained in any offer acceptance or counter-offer made by the Client
No booking will be final until the correct booking form has been completed and received by Fairlead with the deposit.
Deposit A deposit as shown on the price list for course fees and accommodation is payable on booking. This deposit is not refundable in the event of any cancellation by the client. If the booking is made within 6 weeks of the course date, full payment must be sent with the booking form
Balance Due at the latest 6 weeks before the commencement of the course and if not paid by this date the course may be cancelled and the deposit forfeited
- AMENDMENTS TO BOOKINGS
Any alteration to the booking must be made to the Fairlead office and then confirmed in writing. If Fairlead is willing to accept the amendment Fairlead will submit a revised Proposal for the client to sign and the alteration will be actioned once the signed Proposal has been received by Fairlead and amended costings agreed
Changes of dates will only be acceptable if written confirmation is received by the Fairlead office up to within 6 weeks of the commencement date. Within 6 weeks of the commencement date any change of dates will be considered a cancellation of those dates and our cancellation charges apply.
All boats and staff are insured against accident or third party liability but personal insurance against injury accident or loss whilst at a course is the responsibility of the participant and Fairlead accepts no responsibility for any such injury, accident, damage or loss to a client’s property or person however caused.
Fairlead cover automatically – Public liability: £2,000,000 aboard Serena
We strongly recommend that clients take out personal insurance, which is available from Fairlead, with the booking. Cover can be arranged which includes cancellation or curtailment, personal accident, medical expenses, personal luggage, money, valuables and personal liability. Full details of cover can be supplied on request.
In the interests of safety, the Skipper and the Trainer have complete discretion over sailing activities bearing in mind weather conditions and their assessment of the Participants’ ability
All sailing facilities are offered subject to availability. Fairlead cannot be held responsible for loss of use of a boat use due to adverse weather conditions or mechanical failure. Fairlead reserves the right to provide a substitute boat, and, in adverse weather conditions, suitable land-based alternatives will be provided. Such changes shall not give rise to any claim for compensation.
In the event of any cancellations more than 6 weeks before the commencement date, any monies paid except for the initial deposit will be refunded. Any cancellations after 6 weeks before the commencement date will attract no refund.
All Participants taking part in a Fairlead course must comply with the instructions given at the safety briefing. Fairlead does not accept any liability for personal injury to, or the death of, any Participant however caused, nor for any loss or damage resulting therefrom unless caused by the proven negligence of Fairlead or any of its employees or subcontractors.
Fairlead does not accept responsibility for any property accompanying any Participant.
Fairlead does not accept any responsibility for any curtailment or cancellation due to weather, strikes, riots, wars or other causes outside Fairlead’s control. All the above must be covered by the insurance of the Participants directly.
- IF YOU HAVE A COMPLAINT
We aim to provide an enjoyable and trouble-free course. If you do have a problem or complaint, it is important and in your own interests to tell the Skipper/Trainer so that steps can be taken to resolve the matter on the spot. If the complaint cannot be resolved there and then, please notify us in writing within 21 days of the date you return from the course. Because of the difficulties of investigating a complaint too long after the event, we will not consider any complaint unless notified to us in writing within 21 days. Disputes arising out of, or in connection with this contract, which cannot be amicably settled may be referred to arbitration, if the participant so wishes.
- VARIATIONS OF CONDITIONS
No variation in these conditions or otherwise in the terms on which a course is booked and promise to refund money paid to Fairlead shall be valid unless in writing and signed by the principal of Fairlead.
All details given in the Fairlead literature are given in good faith but we reserve the right to provide alternative comparable arrangements if for any reason we decide such alterations are necessary. If we have to cancel/amend any course for any reason, our clients will have the option of accepting any alternative offered or having a full refund of all monies paid. In the event of a refund, our liability shall wholly cease upon the repayment of such monies.
All yachts used on our courses comply with the Department of Transport/MCA codes of practice for small commercial sailing vessels. Participants must provide the equipment specified in the pre-course briefing .
- APPLICABLE LAW
These Terms and Conditions are subject to English Law and to the exclusive jurisdiction of the English Courts in all matters relating to them.