1. Terms and conditions of carriage
1.1 The Skipper has absolute authority on the Boat.
1.2 Do NOT board until directed by the Skipper.
1.3 Under no circumstances will the Boat put to sea with more Passengers aboard than the maximum number provided for in the Booking Form.
1.4 Passengers shall wear such safety clothes and equipment as required by the Skipper.
1.5 All trips will have a qualified Skipper at all times. The Skipper will read safety procedures to the Passengers/Crew, which must be observed at all times. The Skippers decision on the day is final in all matters relating to the vessel. Instructions or advice given by the Skipper or Crew on matters of safety must be observed by all on board and Passengers must, at all times, take all reasonable precautions for their own and others safety. If on the day the Skipper is unhappy with the conditions then he will return to port.
1.6 Clothing requirements: Whilst on board (if not bare feet) we require you to wear soft shoes, deck shoes or trainers. We advise you to take a hat, sunglasses and sun protection. IMPORTANT: Please bring all of your belongings in a soft holdall or rucksack - NO SUITCASES PLEASE!
1.7 Illness: If you feel you may suffer at sea in any way we advise you to take the necessary precautions. If you suffer from any medical conditions we need to be informed so we can cater for your needs.
1.8 Drugs: It is strictly forbidden to take illegal and/or controlled substances on board, unless a medical practitioner has prescribed those drugs for a specific medical reason. Should the vessel be seized having been found with illegal and or controlled substances on board, brought on by a Passenger the Passenger will be personally responsible for unlimited damages, including full legal costs and expenses incurred in regaining possession of the vessel.
1.9 If any Passenger is found to be in possession of anything illegal; or engages in behaviour causing danger to themselves or other persons or property on board, including consumption of alcohol to excess, then he or she will be put ashore at the first opportunity and the Authorities notified as may be necessary. Any such Passenger(s) shall free and release the vessel owner/Skipper from any liabilities, incidental costs or responsibility arising out of any breach of this condition.
1.10 Berths: The Boat must not be occupied by more persons than the stated number of berths.
1.11 Neither the Skipper nor Crew accept any liability for any accident or injury incurred by any Passenger on board the vessel engaged in any Charter/Training Course, sightseeing, photography, filming, whilst in transit or at a berth/mooring or similar activities, caused by the actions of themselves or of any other Passenger on board howsoever occurring.
1.12 Capital Coastal Sailing and their Crew shall not be liable for any death, injury or damage, loss, delay or irregularity, which may be caused by persons or conditions beyond our control. We accept no responsibility for any losses or additional expense caused by delays in changes to transport or other services, strikes, war, weather or other causes.
1.13 Children under the age of 16 may only be carried under the supervision and responsibility of their parents or guardians at all times. Passengers shall take all reasonable steps to ensure that they do not put themselves, others or the Boat in danger during the Charter/Training Course.
1.14 Passengers must refrain from throwing rubbish overboard - the Disposal of Garbage at Sea Act makes this an offence.
1.15 Any breakages, loss of equipment provided or damage caused on board as a result of Passenger's misbehaviour, irresponsibility or carelessness will be charged to the Client.
1.16 The Skipper reserves the right to accept, refuse, modify or cancel any Charter/Training Course at his absolute discretion, and shall not be liable for any loss, damage, delay or inconvenience resulting there from.
2. Bookings & Refunds
To make a booking full payment is required in advance; all prices include VAT and the cost of a Skipper, Crewmember and meals on passage. You can cancel your reservation and receive back your payment minus a small administration charge of £25 (plus VAT), as long as the Charter/Training Course date is not less than seven days away. If you cancel within this period no refund will be given.
3. Technical Problems
3.1 In the event of severe weather preventing sailing, damage to the yacht or non-availability of the yacht or any other reason whatsoever, Capital Coastal Sailing reserves the right to cancel the Charter/Training Course at any time up to and including the date of the Charter/Training Course. An alternative day will be offered to the Client. If none is available suitable to both parties, the Booking Fee will be refunded in full as the exclusive remedy to the Client who shall have no further claim for any loss or damage whatsoever resulting from the cancellation of the Booking.
3.2 In the unlikely event of a mechanical problem with the vessel, if it does not affect the itinerary then we will carry on. If it affects the itinerary but can be fixed relatively quickly the repair will be carried out at the nearest marina and your itinerary will be adjusted. If the problem is serious then the Boat will be taken to the nearest safe haven and you will be refunded a pro-rata proportion of the Booking Fee, based on the remaining (unused) part of the Charter/Training Course at the time of any problem occurring.
3.3 If adverse weather is expected we will contact you at least two days before to let you know that your Charter/Training Course could be cancelled. Adverse weather is defined as high winds (with a Met Office or Coastguard strong wind or gale warning in effect, Force 6 or higher). Rough seas (normally governed by wind strength, or if the Coastguards weather broadcast includes conditions of rough sea state for the relevant inshore waters area), dense fog and/or very heavy rain. We use a variety of weather information sources to obtain relevant conditions. In the case of adverse weather resulting in the cancellation of your booking we will offer you an alternative date. If a suitable date cannot be agreed you will receive a full refund minus a small administration charge of £25 (plus VAT). On the day of the Charter/Training Course the Skippers interpretation of the weather shall be final. If the Skipper decides that the weather is unsafe, he can decide not to put to sea or to bring the Boat into the nearest available port. If the Skipper decides that the weather does not allow adherence to the Course, the Skipper shall decide an alternative Course, which shall then become the Course for the trip.
4. Safety and Insurance
4.1 Capital Coastal Sailing holds a current MCA Category 2 certificate (for voyages up to 60 miles from a safe haven) on its vessels, which are maintained in good state of seaworthiness with all equipment in good working order. The yachts carry all safety and medical equipment as required by Department of Transport Code of Practice for Small Commercial Vessels (the Code). The qualifications and experience of the Skipper and Crew, which includes training in First Aid, comply with the Code.
4.2 Capital Coastal Sailing vessels are insured on customary marine terms including third party liability up to a maximum of £3 million on any one claim. The yachts papers are carried on board and are available for inspection. However, Passengers are advised that Capital Coastal Sailing does not carry insurance for personal injury, illness, and loss or damage to personal belongings or for cancellation for any reason. Passengers must arrange their own insurance for these risks and ensure that their existing policies on which they wish to rely will cover this activity.
5. Limitation of Liability
5.1 Liability & Insurance: We will not be liable for the loss of personal equipment. You are responsible for all your personal possessions. There are stowage areas on board if you are concerned. We are a fully insured professional Charter ship company. We advise you to take your own personal insurance for belongings.
5.2 Insurance: Our yachts are insured for your use during the Charter/Training Course period. It is mandatory to make your own arrangements for your personal insurance.
6. Gift Vouchers
6.1 Gift vouchers may not be redeemed for cash in any circumstances. Vouchers are not sold on a sale or return basis and no return will be permitted in any circumstances.
6.2 The voucher may be used for the Charter/Training Course that is printed on the voucher and must be presented and surrendered on the day.
6.3 The use of the voucher is subject to the booking availability on the Boat.
6.4 Vouchers are not replaceable if lost, stolen, destroyed or expired.
7. Intellectual Property rights of the company
The Client may not use or adopt any trading name, trademark, designation or other intellectual property right of the company trading name Capital Coastal Sailing without first receiving the written consent of the company.
8. Links to other websites
This website contains links to other websites that are operated by third parties. Capital Coastal Sailing does not accept any liability over the content of these third party sites. The existence of these links does not constitute an endorsement of such websites, and your linking to these sites is at your own risk.
9. Content Accuracy
Whilst all reasonable efforts have been made to ensure the accuracy of content, no responsibility can be taken for any error or omission.
10. Modification of the Terms and Conditions
Capital Coastal Sailing may modify the terms of this agreement on this site. You agree to periodically review this agreement to be aware of any such revisions. Should the revision be unacceptable to you, you agree to stop accessing this site. Your continued use of this website following such notification of any such revision(s) shall be deemed as acceptance of and agreement to abide by all such revisions.
11. General
11.1 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 and, if such negotiation fails, any dispute arising will be referred to a single arbitrator to be appointed in default of agreement by the Chairman of the Council of the Royal Yachting Association in accordance with the Arbitrations Acts 1950 and 1972 and any statutory modification thereto.
11.2 Capital Coastal Sailing is Registered in England and Wales VAT reg no 897 2595 55.
12. These Booking Terms and Conditions are in addition to Capital Coastal Sailing's Standard Booking Terms and Conditions
12.1 Capital Coastal Sailing provides tuition aboard the customer's boat on the understanding that the customer remains fully responsible for the safety and operation of the boat at all times. The instructor is there purely in an advisory capacity and will not be held liable for any damage or injury resulting from the operation of the vessel.
12.2 The customer must ensure that the boat is seaworthy and has suitable safety equipment for the planned exercises.
12.3 If on arrival at the vessel the instructor considers the vessel unsafe to operate he or she is at liberty to refuse to undertake the course. In this case the customer remains liable to pay the cost of a minimum of one day's instruction plus travelling expenses where relevant.
12.4 The customer must ensure that a policy of insurance for the boat is in force covering legal liability for damage or injury to third parties. The sum insured must be at least £1,000,000.
12.5 The customer undertakes to provide the instructor with meals (and accommodation if appropriate) aboard the vessel to suit the course or tuition timing.
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