In these terms and conditions the term “OCW” means Oyster Coast Watersports Ltd, its Instructors or any sub-contracted person. The term “client” shall mean each individual in whose name the course or rental is booked. Acceptance of these terms is implied when a completed booking form is received by OCW.
1. If OCW is unable to meet any booking through circumstances beyond its control, the client(s) may be offered another booking at OCW’s discretion or an alternative booking offered with an alternative Training Centre.
2. If OCW is unable to offer the client(s) or the client(s) are unable to accept such an alternative booking, OCW will refund any deposit or course fee paid. OCW’s liability is limited to this.
3. OCW will decide how and when any course is run and whether or not the course will go ahead on the water. OCW’s decision is final.
4. Your place on a course is secured when OCW receives a completed , signed booking form for each client and full payment for the course. 5. In the event of your wishing to cancel your place on a course the following terms will apply:
· More than four weeks notice: Course fee repaid less £50 administration charge
· Between four and two weeks notice: Full cost of course due unless places can be ‘resold’ in which case liability is limited to the administration charge. Whether we are able to resell your place may not become clear until the date of the course.
· Less than two weeks notice: Full cost of course will be due.
In the event that you need to change the date of your course then we will do our utmost to accommodate the change at no further cost. This is dependant on the notice time given and our ability to ‘resell’ your place – as per the terms above. In the event that you fail to attend your course then you are liable for the full cost of your course.
6. Late Bookings; for any late bookings taken within four weeks of the course commencement date then no refund will be available.
7. OCW is insured, however the client is recommended (if they consider it necessary) to take out their own insurance against cancellation, damage or loss of personal effects, death or personal injury.
8. OCW, RYA Approved Training Centre, RYA Instructors, RYA Trainers & Coaches, Academy of Surfing Instructors or staff do not accept responsibility for any loss, damage or injury suffered by persons and/or their property arising out of or during the course of the activities whilst training, coaching,instructing or delivering instruction unless such injury loss or damage was caused by, or resulted from negligence or a deliberate act.
9. The client acknowledges that there are inherent dangers involved in watersports and understands and agrees to sign the booking form indemnity holding OCW and it Instructors free of liability in the event of an accident, death, injury or damage to person or property. The Client understands that the vibration that occurs as a boat moves across waves and wash can exacerbate existing conditions and agrees to advise OCW of any relevant conditions.
10. Own boat tuition. Tuition is provided on the following basis:
· The vessel is insured by the owner for loss, damage and legal liability to third parties
· The client remains the skipper and is legally responsible for the safe management of the vessel at all times (including when under tuition) and will not hold OCW responsible for any loss or damage.
· The client undertakes to secure the consent of the insurers to this agreement
· Where marina fees/short stay charges etc are incurred these are the responsibility of the client.
· The client will ensure their boat is in an appropriate mechanical state for the course to be run. Where a course needs to extended due to delays resulting from problems with the vessel additional time will be charged at our standard rates. Where we need to provide a vessel to replace a client’s own boat on a course then this will be at our standard charter rates. A client who seeks ‘own boat tuition’ will also be sent a separate document detailing the equipment required on the boat. It is a condition of the booking that the client’s boat satisfies the conditions detailed within this document.
11. Clients provided equipment such as waterproofs etc are responsible for the safe return of them at the end of each day. Damage to any item beyond normal wear and tear may render the client liable to either pay for the item in full or to pay an amount to the company as compensation (as determined by the company).
12. Individuals intending to obtain the International Certificate of Competence (ICC) are advised to check the RYA website (www.rya.org.uk) to ensure that they satisfy the RYA rules for eligibility for the issue of this certificate. The Company cannot be held responsible if an individual books a course with a view to subsequently obtaining an ICC but the RYA rejects their application.
13. Children’s Powerboat Courses: The company runs Level 1 courses for 8 – 18 year olds, whilst those between 12 – 18 can attend level 2 courses. All certificates issued will be endorsed in line with the RYA requirements which are usually detailed in the relevant Logbook. Certificates can be reissued when the client reaches their 16th Birthday without the endorsement at a cost to the client.
14. OCW will accept children onto courses where the child is not accompanied by a parent or guardian, such a booking is accepted only when the specific declaration is signed on the Booking Form.
15. All courses require you to reach a certain standard at which the relevant certificate may be awarded. Certificates can only be awarded to those reaching that standard however if for whatever reason further time is required to reach the standard we will create an Action Plan to help you achieve the award.
16. You consent to any photos and videos that are taken of you during training being used in publicity material/websites/social media. You also consent to any feedback given to company being used in these same places.
17. Data Protection Act 1998. The above information including the questions as to your health and ability will be used by us to process your booking for the course and for attending to your safety whilst you are on one of our courses. Names and addresses of candidates for RYA and ASI courses may also be shared with the RYA or ASI. If you object to our use of photographic material then write to us with your requirements. If you do not want to be contacted by us on our mailing list please tick here ____. Your details will never be passed on to any third party.
18. Complaints procedure: In the unlikely event that you are concerned with any aspect of your course please raise your concerns initially with the Instructor(s). If this does not resolve the issue then please contact OCW to discuss your concerns with a Director. If this does not resolve the matter please write to the Centre Principal Neill Austen. If you do not consider the matter resolved at this stage then please contact the Training department of the RYA (www.rya.org.uk) or ASI (www.academyofsurfing.com)
• I am confident in the water wearing a Lifejacket or Buoyancy Aid and am willing to comply with all safety instructions / regulations.
• Lifejackets or Buoyancy Aids are provided for your safety/comfort and will be worn as instructed.
• I am physically fit and able to take part in the training activity. An illness/disability will not necessarily prevent you from attending a course however it is essential that the school is made aware of your condition prior to accepting your booking. Contact your own GP for advice if necessary. Conditions that may be affected by the vibration and movement of the boats caused by waves and weather action must be brought to your skippers attention.
• The boat captains decision is final as to whether the course proceeds in light of weather or other conditions that in his/her view make the continuation of the course unwise/unsafe. In adverse weather conditions the Instructor may decide to limit the course.
• Smoking is not permitted on or near any school craft or on pontoons. Drinking alcohol and driving a powerboat are incompatible activities. Course participants agree not to consume alcohol during the course.
• The Company does not accept responsibility for death of, or injury to the client or loss or damage to the Client’s property.