TERMS AND CONDITIONS
Your contract with Tortola Sailing and Sights (TSS), BVI
Changes to your course
Conduct aboard school vessels
Passing or failing courses
1.Your contract is with TSS
The following Terms and Conditions will be incorporated into every contract between you and TSS. By making a payment you will be accepting the Terms and Conditions for all members of your party and you are therefore advised to read them carefully. The booking will become binding when the credit card authorisation form is signed and received by TSS.
2.Changes to your course
You are not entitled to change the date and/or type of a course reservation once confirmed. We will, however, make best efforts to accommodate changes for you if you discuss with us in advance. Alternative dates can be given on the basis of availability. There is no refund if no other suitable dates are available. Course type can be changed in accordance with your instructor; this can be done before or during your course. We will not refund any difference in course fee if a cheaper course is decided upon after payment. You will be billed for the difference in course fee, if a more expensive course is taken.
You may cancel your course at any time subject to the following penalties which are to be paid to us:
- Between 60 and 46 days before your course: 50% of the total course fee. Less than 46 days before your course: The total course fee.
- Cancellations must be notified to us in writing by post or email. The penalties will be calculated from the date we receive your cancellation.
- We reserve the right to cancel a course at any time. If we do so we shall return all monies paid by you to us in respect of the provision of the course.
A deposit of 50% of the total course fee is required to reserve your place on a course. Deposits cover our administration costs and half of this amount is non-refundable in the event of cancellation.
All courses must be fully paid for at least 45 days prior to the confirmed start date. Tortola Sailing School will process the fee 45 days prior to the confirmed start date, as specified in the credit card authorization form, which is signed for confirmation of the course.
You are solely responsible for complying with all laws, regulations, orders, demands and requirements of the British Virgin Islands. We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with such laws, regulations, orders, demands, requirements or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements or instructions. You should note in particular that no-one whose details are not registered on the crew list may be carried aboard. Please note also that you may not remove any items or antiquities from land, beach, or the seabed.
You are responsible for obtaining and must possess and have available for presentation as required all entry and exit, health and other documents required by laws, regulations, order, demands or requirements of the British Virgin Islands. We reserve the right to refuse to provide a course to anyone who has not complied with, or whose documents do not appear to comply with, such applicable laws, regulations, orders, demands or requirements.
Tortola Sailing School may alter the specification of the yacht if it deems that in its absolute discretion, necessary to either ensure that you gain the maximum benefit from your sailing, or to ensure the safety of yourself, other crew members and other water users.
If weather conditions are the reason for postponement then an alternative date(s) will be offered, where possible. An alternative date must be accepted within three months from the original date. We do not provide a refund where weather is the reason for postponement. Any increase in cost due to seasonal variations or change in sailing selection will be met by you.
We will always make best efforts to provide courses as published. However, in the event of other force majeure including an act of God, strikes, lock out, act of Government or any other occurrence beyond our control, TSS will not be liable if prevented from fulfilling its obligations.
We will always endeavour to provide a service of equal quality.
10.Conduct aboard school vessels
If in our reasonable opinion you conduct yourself aboard one of our vessels so as to endanger the vessel or any person or property on board, or behave in a disorderly manner or in a manner to which other clients may reasonably object, we may take such measures as we deem necessary to prevent continuation of such conduct including your removal from the vessel. You may be prosecuted for offences committed on board a vessel. You agree to abide by the orders of the Skipper/Instructor in command of the school vessel at all times.
You must accept responsibility for the proper conduct of yourself and any members of your party. We reserve the right in our absolute discretion to terminate, without further notice, the sailing arrangements of any client who refuses to comply with the instructions or orders of the skipper or other staff employed by TSS or whose behaviour or competence in their opinion is likely to cause distress, danger or annoyance to their crew, other clients, staff of any third party or property. Upon such termination our responsibility for your sailing ceases and TSS shall not be liable for any extra costs incurred by you.
Please note. if you have not discussed physical abilities before you arrive for your course, your instructor has the right to cancel your course due to everyones' safety on-board.
TSS instructors and our staff will sometimes take photographs for use in publicity material. If you have any objection to your image being used for this purpose, please inform your TSS instructor or staff when photography is taken.
12.Passing or failing courses
An Instructor and/or Examiner will assess your skill level during the course and with some courses there will also be a written exam. At the end of the course your Instructor / Examiner will decide if you have passed or failed. Their decision is final. If, however, you disagree with their decision you may make an application to the school for redress.
We sincerely hope you will not have a cause for complain. Should you have a complaint about any aspect of our course or service, please make it known to your Instructor at the time. Any complaint will be taken very seriously. If you are still dissatisfied please let us know in writing on the Feedback Form that you will be given at the end of the course. We take the quality of our service seriously and will do what we can to remedy the situation.
You are responsible for ensuring that you have travel insurance, which will cover any luggage, medical expenses and repatriation if necessary, and that this insurance covers you while sailing.
TSS shall not be held liable for death, personal injury, loss or damage to property howsoever arising and therefore by signing the booking confirmation form, you hereby release, to the full extent permitted by state, law and equity, The Company, its’ employees and agents from all actual and contingent liability in respect of such personal injury, death, loss or damage.