Terms and Conditions
TERMS & CONDITIONS
1) YOUR CONTRACT
Please read carefully the Booking Conditions and information contained in our brochure as these form the basis of your contract with Rockley Watersports Ltd and set out the respective rights and obligations of both parties. In the following Booking Conditions 'you' means the Party Leader and 'we' or 'the Company' means Rockley Watersports Ltd.
2) TO CONFIRM YOUR BOOKING
Once you have booked and paid the deposit, we will issue a Confirmation of Booking within 7 days by email. A contract will then exist between us.
3) PRICE
Once you have booked, the agreed price of your booking is fully guaranteed by Rockley Watersports Ltd and will not be subjected to any surcharge provided you meet the payment schedule. This does not apply to invoice errors or government action.
4) SCHEDULE OF PAYMENTS
We require a deposit per person as stated in our price lists. The Final Balance is due 56 days prior to your departure date (or at the time of booking, if this is less than 56 days prior to your course/holiday start date).
NOTE: the date your Final Balance is due is shown on our Confirmation of Booking, NO reminder will be sent. If any payment due is not received in full and on time we reserve the right to treat the booking as cancelled by you.
5) CANCELLATIONS
You or any member of your party may cancel your booking at any time. Written notification or an email from you (the Party Leader) must be received at our office. To cover our expected losses there is a set scale of charges that applies.
The date of cancellation is the date of the receipt of written advice or email to the Company's office in Poole. NOTE: if the reasons for your cancellation are covered under the terms of your insurance policy, you may be able to reclaim these charges i.e. necessary cancellation due to injury or illness etc.
CANCELLATION CHARGES ARE PAYABLE AS FOLLOWS:
Time before start date - Cancellation Charge
more than 56 days - Deposit only
56 - 29 days - 50% of the total booking cost
28 - 22 days - 70% of the cost of the booking
21 - 8 days - 90% of the cost of the booking
7 days or less - 100% of the cost of the booking
6) ALTERATIONS
The Company will, wherever possible, try to arrange any alterations you may request after the contract is formed. Alteration requests must be made in writing/email to the Company by the Party Leader. Alterations requested more than 56 days in advance of your departure date, such as change of course date, accommodation or course, if acceptable, are subject to an administration charge of £20 per person per amendment. Major alterations within 56 days of course date (such as change of course date) will be treated as a cancellation and re-booking.
Any new persons added to the booking will be treated, for the purposes of these terms and conditions, as if they had been named on the booking form when originally confirmed. Any persons removed from the booking form will be treated as cancellations and Section 5 above applies. 3-day courses may be extended to 5-days subject to availability for a supplement of £100.
7) COMPANY ALTERATIONS
The arrangements detailed in this booking and in our brochure are given in good faith at the time of printing, but we reserve the right to provide comparable alternative arrangements if operational or other considerations so dictate. No employee or representative of this Company has the authority to verbally vary these terms and conditions or the information within our brochure, other Company literature or to enter into verbal agreements with clients of the Company. No variation in these conditions or otherwise in the terms upon which a booking is made and no promise to refund money paid to the Company shall be valid unless in writing and signed by a Director of the Company.
If we make a major change to your booking, we will inform you as soon as reasonably possible. You will have the choice of either accepting the change of arrangements or cancelling your booking and receiving a full refund of all monies paid. (For trips abroad only and limited to where payments are NOT received by the due dates, the price of your holiday may be subject to surcharge as a result of currency fluctuations. In the event of a surcharge being necessary we will undertake to bear the first 10% of the increase). We reserve the right to impose surcharges due to government action.
8) IMAGES
From time to time authorised parties may carry out photography and/or video recording. You agree that we may use such images in promotional, advertising or publicity material in any format whatsoever. You further agree that copyright rests with such authorised parties.
9) INSURANCE
We strongly recommend that you are insured for your holiday/course. It is your responsibility to ensure that your policy includes cover for cancellation, emergencies and the watersports activities in which you will be participating.
Rockley Watersports holds full Public Liability Insurance.
10) FORCE MAJEURE
The Company reserves the right to cancel/curtail your holiday due to circumstances amounting to Force Majeure - these include, but are not limited to, war, riots, government action, terrorism, fire, weather conditions, strike action and all similar events outside the Company's control which prevent or affect the Company's contractual obligation. Where such circumstances occur the Company will not be liable to pay you refunds or compensation.
11) RESTRICTIONS
Rockley Watersports Ltd and its staff are responsible for the safe conduct of your holiday/course and may vary the itinerary to that end. They alone shall decide whether or not the watersports activities are available or conditions are safe to use a particular craft. It is not permitted for any Rockley Watersports craft to do night sailing or partake in any third party race without the prior written approval of the Company. All waterbased activities are offered subject to availability. The Company cannot be held responsible for loss of use of watersports equipment due to adverse weather conditions.
12) COMPANY LIABILITY
The Company accepts responsibility should any of the services which we are contractually obliged to provide prove deficient or not of reasonable standard. This includes responsibility for the acts or omissions of any of our employees, subcontractors and suppliers. Save that as detailed below, no liability is accepted for death, injury or illness.
The Company does not accept liability or responsibility for personal injury to, or the death of any participant howsoever caused unless by the proven negligence of the Company, employees, suppliers or subcontractors. In addition, the Company is NOT liable for death, injury or illness caused by an activity outside of the Company's activities.
The Company cannot accept liability for causes of dissatisfaction that are not notified to us, in writing, within 28 days of completion of the course/holiday.
13) PERSON AUTHORISED TO MAKE THE BOOKING
The Party Leader is responsible for seeing that all members of their party are physically fit to take part in the course or watersports activities and can swim 50 metres in light clothing. All adults accompanying a party agree to be responsible for the good behaviour of those in their party and will adequately supervise their own party. Where damage is caused to the Company's equipment e.g. boats, accommodation, etc as a result of wilful damage by a party member under the influence of drink or drugs, or as a result of a party member not obeying the Company staff's instructions, then the person will be responsible for the full amount of the repair or replacement. The Party Leader is responsible for providing, at the time of booking, the Company with any known potential medical conditions that may affect the personal safety of any party members and for notifying, in writing, the Company of any special needs of any party members.
14) TERMINATION OF BOOKING
We reserve the right in our absolute discretion to terminate without further notice the booking arrangements of any client who refuses to comply with the instructions or orders of the Company staff or other responsible person whose behaviour in their opinion is likely to cause distress, damage, danger or annoyance to other clients, staff, any third party or to property. Upon such termination our responsibility for your booking ceases and we shall not be liable for any extra costs incurred by you.
15) COMPLAINTS
Our aim is to give you an enjoyable and trouble-free course or holiday. If you do have a problem or complaint it is important and in your own interest to tell a relevant member of the Rockley Watersports staff immediately so that steps can be taken to resolve the matter on the spot. If your complaint cannot be resolved there and then, please complete one of our Client Liaison forms at the centre and notify us, in writing/email, immediately upon your return. We strongly recommend that you communicate any problem to our centre staff without delay and complete a report whilst at our centre, if you do not, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on the course/holiday and this may affect your rights under this contract. The Company will make every effort to provide suitable alternatives but will not be held liable for changes made by outside influences. Disputes arising out of, or in connection with this contract that cannot be amicably settled may be referred to arbitration, if you so wish, under a special scheme that is administered quite independently by the Chartered Institute of Arbitrators.
Our staff are often asked for information not contained in the brochure. Whilst every effort is made to ensure that all information given is correct, the Company cannot be held responsible if this should prove inaccurate.
16) EQUIPMENT
All the dinghies, windsurfers and powerboats used by our centres are of an approved design suitable for teaching. All buoyancy aids are of an approved design.
17) TRAVEL TICKETS
All travel tickets or other vouchers provided before the trip are valid for that particular trip and no refunds can be made if lost, mislaid or unused.
18) RESTAURANTS & LOCAL FACILITIES
In early and late season some restaurants and local facilities may be closed and although mentioned in the brochure, cannot be guaranteed.
1) YOUR CONTRACT
Please read carefully the Booking Conditions and information contained in our brochure as these form the basis of your contract with Rockley Watersports Ltd and set out the respective rights and obligations of both parties. In the following Booking Conditions 'you' means the Party Leader and 'we' or 'the Company' means Rockley Watersports Ltd.
2) TO CONFIRM YOUR BOOKING
Once you have booked and paid the deposit, we will issue a Confirmation of Booking within 7 days by email. A contract will then exist between us.
3) PRICE
Once you have booked, the agreed price of your booking is fully guaranteed by Rockley Watersports Ltd and will not be subjected to any surcharge provided you meet the payment schedule. This does not apply to invoice errors or government action.
4) SCHEDULE OF PAYMENTS
We require a deposit per person as stated in our price lists. The Final Balance is due 56 days prior to your departure date (or at the time of booking, if this is less than 56 days prior to your course/holiday start date).
NOTE: the date your Final Balance is due is shown on our Confirmation of Booking, NO reminder will be sent. If any payment due is not received in full and on time we reserve the right to treat the booking as cancelled by you.
5) CANCELLATIONS
You or any member of your party may cancel your booking at any time. Written notification or an email from you (the Party Leader) must be received at our office. To cover our expected losses there is a set scale of charges that applies.
The date of cancellation is the date of the receipt of written advice or email to the Company's office in Poole. NOTE: if the reasons for your cancellation are covered under the terms of your insurance policy, you may be able to reclaim these charges i.e. necessary cancellation due to injury or illness etc.
CANCELLATION CHARGES ARE PAYABLE AS FOLLOWS:
Time before start date - Cancellation Charge
more than 56 days - Deposit only
56 - 29 days - 50% of the total booking cost
28 - 22 days - 70% of the cost of the booking
21 - 8 days - 90% of the cost of the booking
7 days or less - 100% of the cost of the booking
6) ALTERATIONS
The Company will, wherever possible, try to arrange any alterations you may request after the contract is formed. Alteration requests must be made in writing/email to the Company by the Party Leader. Alterations requested more than 56 days in advance of your departure date, such as change of course date, accommodation or course, if acceptable, are subject to an administration charge of £20 per person per amendment. Major alterations within 56 days of course date (such as change of course date) will be treated as a cancellation and re-booking.
Any new persons added to the booking will be treated, for the purposes of these terms and conditions, as if they had been named on the booking form when originally confirmed. Any persons removed from the booking form will be treated as cancellations and Section 5 above applies. 3-day courses may be extended to 5-days subject to availability for a supplement of £100.
7) COMPANY ALTERATIONS
The arrangements detailed in this booking and in our brochure are given in good faith at the time of printing, but we reserve the right to provide comparable alternative arrangements if operational or other considerations so dictate. No employee or representative of this Company has the authority to verbally vary these terms and conditions or the information within our brochure, other Company literature or to enter into verbal agreements with clients of the Company. No variation in these conditions or otherwise in the terms upon which a booking is made and no promise to refund money paid to the Company shall be valid unless in writing and signed by a Director of the Company.
If we make a major change to your booking, we will inform you as soon as reasonably possible. You will have the choice of either accepting the change of arrangements or cancelling your booking and receiving a full refund of all monies paid. (For trips abroad only and limited to where payments are NOT received by the due dates, the price of your holiday may be subject to surcharge as a result of currency fluctuations. In the event of a surcharge being necessary we will undertake to bear the first 10% of the increase). We reserve the right to impose surcharges due to government action.
8) IMAGES
From time to time authorised parties may carry out photography and/or video recording. You agree that we may use such images in promotional, advertising or publicity material in any format whatsoever. You further agree that copyright rests with such authorised parties.
9) INSURANCE
We strongly recommend that you are insured for your holiday/course. It is your responsibility to ensure that your policy includes cover for cancellation, emergencies and the watersports activities in which you will be participating.
Rockley Watersports holds full Public Liability Insurance.
10) FORCE MAJEURE
The Company reserves the right to cancel/curtail your holiday due to circumstances amounting to Force Majeure - these include, but are not limited to, war, riots, government action, terrorism, fire, weather conditions, strike action and all similar events outside the Company's control which prevent or affect the Company's contractual obligation. Where such circumstances occur the Company will not be liable to pay you refunds or compensation.
11) RESTRICTIONS
Rockley Watersports Ltd and its staff are responsible for the safe conduct of your holiday/course and may vary the itinerary to that end. They alone shall decide whether or not the watersports activities are available or conditions are safe to use a particular craft. It is not permitted for any Rockley Watersports craft to do night sailing or partake in any third party race without the prior written approval of the Company. All waterbased activities are offered subject to availability. The Company cannot be held responsible for loss of use of watersports equipment due to adverse weather conditions.
12) COMPANY LIABILITY
The Company accepts responsibility should any of the services which we are contractually obliged to provide prove deficient or not of reasonable standard. This includes responsibility for the acts or omissions of any of our employees, subcontractors and suppliers. Save that as detailed below, no liability is accepted for death, injury or illness.
The Company does not accept liability or responsibility for personal injury to, or the death of any participant howsoever caused unless by the proven negligence of the Company, employees, suppliers or subcontractors. In addition, the Company is NOT liable for death, injury or illness caused by an activity outside of the Company's activities.
The Company cannot accept liability for causes of dissatisfaction that are not notified to us, in writing, within 28 days of completion of the course/holiday.
13) PERSON AUTHORISED TO MAKE THE BOOKING
The Party Leader is responsible for seeing that all members of their party are physically fit to take part in the course or watersports activities and can swim 50 metres in light clothing. All adults accompanying a party agree to be responsible for the good behaviour of those in their party and will adequately supervise their own party. Where damage is caused to the Company's equipment e.g. boats, accommodation, etc as a result of wilful damage by a party member under the influence of drink or drugs, or as a result of a party member not obeying the Company staff's instructions, then the person will be responsible for the full amount of the repair or replacement. The Party Leader is responsible for providing, at the time of booking, the Company with any known potential medical conditions that may affect the personal safety of any party members and for notifying, in writing, the Company of any special needs of any party members.
14) TERMINATION OF BOOKING
We reserve the right in our absolute discretion to terminate without further notice the booking arrangements of any client who refuses to comply with the instructions or orders of the Company staff or other responsible person whose behaviour in their opinion is likely to cause distress, damage, danger or annoyance to other clients, staff, any third party or to property. Upon such termination our responsibility for your booking ceases and we shall not be liable for any extra costs incurred by you.
15) COMPLAINTS
Our aim is to give you an enjoyable and trouble-free course or holiday. If you do have a problem or complaint it is important and in your own interest to tell a relevant member of the Rockley Watersports staff immediately so that steps can be taken to resolve the matter on the spot. If your complaint cannot be resolved there and then, please complete one of our Client Liaison forms at the centre and notify us, in writing/email, immediately upon your return. We strongly recommend that you communicate any problem to our centre staff without delay and complete a report whilst at our centre, if you do not, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on the course/holiday and this may affect your rights under this contract. The Company will make every effort to provide suitable alternatives but will not be held liable for changes made by outside influences. Disputes arising out of, or in connection with this contract that cannot be amicably settled may be referred to arbitration, if you so wish, under a special scheme that is administered quite independently by the Chartered Institute of Arbitrators.
Our staff are often asked for information not contained in the brochure. Whilst every effort is made to ensure that all information given is correct, the Company cannot be held responsible if this should prove inaccurate.
16) EQUIPMENT
All the dinghies, windsurfers and powerboats used by our centres are of an approved design suitable for teaching. All buoyancy aids are of an approved design.
17) TRAVEL TICKETS
All travel tickets or other vouchers provided before the trip are valid for that particular trip and no refunds can be made if lost, mislaid or unused.
18) RESTAURANTS & LOCAL FACILITIES
In early and late season some restaurants and local facilities may be closed and although mentioned in the brochure, cannot be guaranteed.