Terms + Conditions
This policy was last updated: 27th January 2022
Background
These Terms and Conditions are the standard terms for the provision of Training Sea Training Sussex LTD, a Private Limited Company registered in England under number 07280845, whose registered address is Rocks Yard, Victoria Rd, Windmill Hill, East Sussex, BN27 4TQ.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
- Business – means any business, trade, craft, or profession carried on by You or any other person/organisation;
- Business Day – means any day other than a Saturday, Sunday or bank holiday;
- Calendar Day – means any day of the year;
- Consumer – means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of Sea Training Sussex who receives Training for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;
- Contract – means the contract for the provision of Training, as explained in Clause 3;
- Deposit – means an advance payment made to Us under sub-Clause 5.5;
- Month – means a calendar month;
- Price – means the price payable for the Training;
- Training – means the training course(s) which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
- Special Price – means a special offer price payable for Training which We may offer from time to time;
- Order – means your order for the Training as attached;
- Order Confirmation – means Our acceptance and confirmation of your Order as described in Clause 3;
- We/Us/Our – means Sea Training Sussex LTD, a Private Limited Company registered in England under number 07280845, whose registered address is Rocks Yard, Victoria Rd, Windmill Hill, East Sussex, BN27 4TQ
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, SMS, Instant Messaging Service (e.g. WhatsApp), fax or other means.
2. Information About Us
2.1 Sea Training Sussex LTD, a Private Limited Company registered in England under number 07280845, whose registered address is Rocks Yard, Victoria Rd, Windmill Hill, East Sussex, BN27 4TQ.
2.2 Sea Training Sussex is not Vat registered.
2.3 We are a member of The Royal Yachting Association
3. The Contract
3.1 These Terms and Conditions govern the sale and provision of Training by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
3.2 Nothing provided by us including, but not limited to, promotional literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
3.3 A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing.
3.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
3.4.1 The main characteristics of the Training;
3.4.2 Our identity (set out above in Clause 2) and contact details (as set out below in Clause 11);
3.4.3 The total Price for the Training including taxes or, if the nature of the Training is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.4.4 The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Training;
3.4.5 Our complaints handling policy;
3.4.6 Where applicable, details of after-sales Training and commercial guarantees;
3.4.7 The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract.
4. Orders
4.1 All Orders for Training made by you will be subject to these Terms and Conditions.
4.2 You may change your Order at any time before We begin providing the Training by contacting Us. Requests to change Orders do not need to be made in writing.
4.3 If your Order is changed, We will inform you of any change to the Price in writing.
4.4 You may cancel your Order within 14 Calendar Days of placing it. If you have already made any payments to Us under Clause 5 (including, but not limited to the Deposit), subject to sub-Clause 5.6, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation providing the training does not commence within 14days. If you request that your Order be cancelled, you must confirm this in writing. If you wish to cancel the Training after this time period, or once We have begun providing the Training, please refer to Clause 10. If your cancellation is short notice or within the 14days, we will and do in most cases manage to re sell your space and offer a refund in full. However if this is not possible or fails to happen a short notice refund may not be possible.
4.5 We may cancel your Order at any time before We begin providing the Training due to the unavailability of required personnel or resources, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible. If you have made any payments to Us under Clause 5 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.
5. Price and Payment
5.1 The Price of the Training will be that shown in Our price list in place at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
5.2 If We quote a Special Price which is different to the Price shown in Our current price list, the Special Price will be valid for 30 Calendar Days or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
5.3 Our Prices may change at any time, but these changes will not affect Orders that We have already accepted.
5.4 We are not VAT registered and it does not apply.
5.5 Before We begin providing the Training, you will be required to pay in full the total Price for the Training. The due date for payment will be included in the Order Confirmation.
5.6 In certain circumstances, if your Order is cancelled, your payment will be refunded in full or in part. The amount due will be calculated based upon the Price for the Training, Our price list, and the amount of preparatory work (if any) already undertaken by Us. Please refer to sub-Clauses 4.4 and 4.5 if your Order is cancelled before the Training begins, or to Clause 10 if the Training is cancelled after it has begun.
5.7 Any balance of the Price will be payable on the first day of the provision of the Training.
5.8 We accept the following methods of payment:
5.8.1 Visa or Mastercard credit or debit card;
5.8.2 Stripe;
5.8.3 BACS.
5.9 Credit and/or debit cards will be charged on the same Business Day the Order is made.
6. Providing the Training
6.1 As required by law, We will provide the Training with reasonable skill and care, consistent with best practices and standards laid down by the Royal Yachting Association and in accordance with any information provided by Us about the Training and about Us.
6.2 We will begin providing the Training on the date confirmed in Our Order Confirmation.
6.3 We will make every reasonable effort to complete the Training on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 9 for events outside of Our control.
6.4 If We require any information or action from you in order to provide the Training, We will inform you of this as soon as is reasonably possible. Examples of what we may require include your insurance schedule, if you request to be trained using your own vessel, pre-existing medical conditions you have that might affect your ability to operate a vessel at sea, or any qualifications you claim to rely on for your level of Training.
6.5 If the information or action required of you under sub-Clause 6.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.
6.6 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.4, We may suspend the Training (and will inform you of that suspension in writing).
6.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Training in order to resolve the issue. Unless the issue is an emergency and requires immediate attention, We will inform you in advance in writing before suspending the Training.
6.8 If the Training is suspended under sub-Clauses 6.6 or 6.7, you will not be required to pay for it during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).
6.9 If you do not pay Us for the Training as required by Clause 5, We may suspend the Training until you have paid all outstanding sums due. If this happens, We will inform you in writing.
7. Problems with the Training and Your Legal Rights
7.1 We always use reasonable efforts to ensure that Our provision of the Training is trouble-free. If, however, there is a problem with the Training We request that you inform Us as soon as is reasonably possible (you do not need to contact Us in writing).
7.2 We will use reasonable efforts to remedy problems with the Training as quickly as is reasonably possible and practical.
7.3 We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.5 will apply and We may charge you for remedial work.
7.4 As a consumer, you have certain legal rights with respect to the purchase of Training. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Training with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Training is not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Training), you have the right to a reduction in price. If for any reason We are required to repeat the Training in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Training, You also have remedies if We use materials that are faulty or incorrectly described.
8. Our Liability
8.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
8.2 We provide Training for private and leisure purposes only. We make no warranty or representation that the Training is fit for commercial, business or industrial purposes of any kind. By making your Order, you agree that you will not use the Training for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
8.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
8.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Training with reasonable care and skill or in accordance with information provided by Us about the Training or about Us.
8.5 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
9. Events Outside of Our Control (Force Majeure)
9.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, mechanical failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
9.2 If any event described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
9.2.1 We will inform you as soon as is reasonably possible;
9.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
9.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Training as necessary;
9.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;
9.2.5 If the event outside of Our control continues for more than four weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 10.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.
10. Cancellation
10.1 If you wish to cancel your Order for the Training before the Training begins, you may do so under sub-Clause 4.4.
10.2 Unless You pay in advance for a booking at a Special Price, You may cancel the Training without charge if You give Us prior notice of at least 14 Calendar Days before the earliest start time We have given You for Your Training course. If You cancel under this sub-Clause 10.2, We will refund to You in full any sum (including, but not limited to any deposit) You paid in advance and You will not then owe Us anything;
10.3 If You cancel but do not give Us at least 14 Calendar Days’ prior notice of cancellation of a Training course, We will be entitled to charge You a Late Cancellation Charge calculated as set out at sub-Clause 10.5 below;
10.4 We may, at any time before Your Training starts, cancel a reservation booked by You in the following circumstances:
10.4.1 The required Training vessel and/or personnel and/or other resources necessary for the provision of the Training are not available due to any cause outside Our reasonable control. If We cancel Training in such circumstances, We will offer You an alternative vessel, instructor or Training course date if it is available. If it is not available or We offer it to You and You decline it, We will refund to You in full any deposit or other advance payment that You have made to Us for Your training; or
10.4.2 If You have not paid for Your Training in full in advance of it starting and You do not arrive by the scheduled start time on the first day when You are due to start the Training. In that case We shall be entitled to release Your Training to someone else after that time unless You have notified Us in advance of Your late arrival and We have agreed to some other time for the Training to start. If We cancel under this sub-Clause, We will be entitled to charge You a Late Cancellation Charge as if You had cancelled under sub-Clause 10.3 above. We shall attempt to contact You to inform You of that cancellation; or
10.4.3 We find that you are not a “Consumer” (as defined in Clause 1 above), and in that case We will refund to You in full any deposit or other advance payment that You have made to Us for Your reservation.
10.5 A “Late Cancellation Charge” means and will comprise the net financial loss that We suffer due to Your cancellation The Late Cancellation Charge shall be 80% of the full price (at the Price applicable) of Your Order. We may take the Late Cancellation Charge when or after You cancel using the payment details You provided when You made the reservation. We will be entitled to deduct some or all of the Late Cancellation Charge from any sum You paid Us in advance and to keep the amount deducted, and We shall refund to You any balance of the advance payment from You.
11. Communication and Contact Details
11.1 If you wish to contact Us, you may do so by telephone at 07793 005909 or by email at hello@seatrainingsussex.co.uk.
11.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Training). When contacting Us in writing you may use the following methods:
11.2.1 Contact Us by email at hello@seatrainingsussex.co.uk; or
11.2.2 Contact Us by pre-paid post at Sea Training Sussex, Rocks Yard, Victoria Road, Windmill Hill, East Sussex, BN27 4TQ.
12. Complaints and Feedback
12.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
12.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from https://www.seatrainingsussex.co.uk/faqs/.
12.3 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Training, please contact Us in one of the following ways:
12.3.1 In writing, addressed to Sea Training Sussex, Rocks Yard, Victoria Road, Windmill Hill, East Sussex, BN27 4TQ;
12.3.2 By email, addressed to Sea Training Sussex, hello@seatrainingsussex.co.uk.
13. How We Use Your Personal Information (Data Protection)
We will only use your personal information as set out in Our Privacy Notice available from https://www.seatrainingsussex.co.uk/faqs/.
14. Other Important Terms
14.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
14.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
14.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
15. Alternative Dispute Resolution
15.1 Alternative dispute resolution or ‘ADR’ refers to ways of resolving disputes between a consumer and a trader without going to court.
15.2 Our ADR provider is The Royal Yachting Association (RYA). If you are unhappy with how we have handled your complaint, you may wish to contact the RYA.
15.3 Complaints can be submitted to the RYA via their website at https://www.rya.org.uk/.
15.4 The RYA will not charge you for making a complaint, and you may still bring legal proceedings if you are not satisfied with the outcome of the ADR.
16. Governing Law and Jurisdiction
16.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
16.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
16.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
