Terms & Conditions
Due to the ongoing COVID-19, we understand that some clients will be concerned about making advanced bookings with us. We would like to reassure all of our customers that you can book with confidence knowing that any deposits paid will never be forfeited as a result of you being unable to attend any course due to COVID-19.
Should anyone have to cancel as a direct result of COVID-19 ie they are unable to travel due to ill health, Government travel restrictions, quarantine, or airline cancellation, then any money paid will be held on deposit for use against any future training course or mile building trip with us. A redeemable voucher will be issued for future use with Sail and Power Academy. No cash refunds can be given
1 DEFINITE BOOKINGS
Bookings will be deemed definite once the terms and conditions are accepted. Terms and conditions are accepted as soon as a completed booking form has been received.
The Academy will confirm the booking, via email or in writing, within 5 days.
A 25% non-refundable deposit is required if the booking is over 30 days from the start date of the course.
a) The balance of payment is due 30 days prior to the date of the course.
b) If the booking is within 30 days of the start date of the course the full fee is required.
c) If within 30 days prior to the course the Student has not paid the balance of the fee, on the 30th day a reminder letter/email will be sent. If 21 days from the date of the course the balance has not been received the Academy reserves the right to sell the Student’s berth. If the academy is successful in selling the space and mitigating its costs then the deposit will be returned in fullness any handling fee. If the school is unsuccessful in selling the space then the student will forfeit the deposit.
4 CANCELLATION/DELAY/NON ARRIVAL
a) If you are likely to be delayed beyond the start of your course, please inform us as early as possible.
b) In the event of cancellation by the client, deposits and fees are not refundable. In the event that Sail and Power Academy is able to subsequently resell the course, then all fees will be returned to the Client minus a 3% handling charge for card payments or the bank charges incurred for an online bank transfer.
c) A student who cannot attend their course through illness or other unavoidable personal circumstances is requested to contact the school as soon as possible. If it is necessary to cancel the course within twenty-eight days of commencement of the course every possible attempt will be made to mitigate the Student’s costs and to let space elsewhere. If successful the Student will be reimbursed in full less any reasonable handling fee. If unsuccessful the student will forfeit only the deposit. As with any event/travel, your own insurance is strongly recommended.
d) Any student who fails to arrive, for any reason whatsoever including illness and has not notified the Academy, will automatically forfeit the total monies paid and no liability by doing so shall attach to the Academy whatsoever.
e) In all circumstances of cancellation with prior notice, the School will endeavor to offer alternative dates for the course.
5 COURSE DURATION
a) Practical 2 and 5-day courses, from approximately 1830 on the first evening until 1700 hours on the last day or otherwise stated on your booking confirmation.
b) Note that these are only a guide and any variation will be made prior to the course commencing.
6 LATE RETURN OF SAILING VESSEL
For whatever reason beyond the date of the course, the Students can stay onboard at the company’s victualling expense or return home if they wish at their own expense. No liability shall extend beyond this.
7 UNDER 18’S
Under 18’s accepted when sailing with parent or guardian. For students under 18 these Terms and Conditions must be accepted by the parent or guardian.
8 INSTRUCTION ON YOUR OWN YACHT
All conditions herein apply, plus the Student will be expected to reimburse any traveling or out-of-pocket expenses for the Instructor from the Estepona base to wherever the vessel is lying, and the return journey plus salary on a pro-rata fee rate, if applicable.
a) The Student’s vessel will be expected to be equipped with the minimum RYA standards and provide the Instructor with all bedding, victualling whilst on board.
b) If the Student’s vessel is over 50 kilometers from Estepona and it is not possible for the Instructor to get to the Student’s vessel within 2 hours, please allow pro-rata fees.
c) Insurances: The owner must notify his insurance company that there will be a qualified instructor on board delivering tuition but the owner remains the skipper at all times. It is also agreed that the Owners Insurance is Fully Comprehensive and covers all aspects of normal marine insurance for the area in which the Skipper is expected to sail, with additional days leeway to allow for adverse weather.
Students must bring their passports or National Identity cards on every course. The Marina offices are required to check the passports of all crew who arrive at their port. A Student must seek permission from the Skipper for anything he brings on the School vessel whilst in a foreign port. He shall indemnify Marbella Sailing School, its employees, and staff, against any actions that may result from breach of this rule.
10 SKIPPER’S/PRINCIPAL’S DECISIONS
The Principal’s decision is final at all times, on any of the Academy’s property and the Academy's vessels, until the Skipper takes over.
a) From the moment the Skipper steps onboard the instruction vessel in accordance with marine practice, the Skipper’s decisions are final always.
b) All crew/students will accept all orders and decisions given to them by the Skipper at all times whilst onboard the School’s vessel or ashore, for the duration of the course until the course is complete and the Skipper is no longer onboard the vessel. The Skipper’s authority is total day and night in accordance with Marine Law.
c) If for any reason whatsoever a Student does not accept an order from the Skipper or his designated substitute, whether the Student considers it to be reasonable or not, the Student shall be considered to be in breach of his Articles of sailing. The Skipper shall take any action or decision he considers fit for the well being of the vessel and crew. If The Student is placed ashore at the nearest port no liability whatsoever shall attach itself to the School and neither shall the Student have redress for any expenses or unused portion of the fee. Neither any redress against the Skipper or School as a result of actions taken by the Skipper.
11 SEA TIME
Every attempt will be made to give pupils maximum sea time. However, if in the Skipper’s opinion weather conditions, safety or any other consideration renders it imprudent, Skipper’s decision is final.
12 VESSEL CHANGE
If the Academy changes vessels, due to any vessel becoming unsuitable, for any reason whatsoever, or a vessel is delayed, this in no way affects the validity of the booking of the Terms and Conditions stated herein they remain good.
13 SCHOOL CANCELLATION
If, for any reason, the Academy is unable to fulfill a booking or a vessel becomes unseaworthy for any reason whatsoever, the Academy will inform the Student immediately the knowledge is available. No liability shall attach itself to the Academy beyond the refund of the full fee paid by the student(s) or unused portions thereof. Please see 14 below re Covid-19
Due to the outbreak of COVID-19 in early 2020 special terms and conditions have been introduced to cover the unique situation presented by the pandemic. Our main priority here at Sail and Power Academy has, and always will be the safety of our staff and students. This is paramount and will always be the most important factor when considering cancellation policies. In order to be as fair as possible should any person have to cancel for ANY reason related to COVID-19 ie cancelled flight, illness, border closer etc. your booking will be guaranteed for any time in the future. Any money paid, will be safe and a voucher will be issued for the amount paid to be redeemed by the client for any course or charter with us in the future with no time limit. The voucher will also be exchangeable between family and friends. Likewise if a course has to be cancelled by us for ANY reason related to COVID-19 then a voucher will be issued for the full amount of the deposit paid. No refunds can be given.
15 ACADEMY INSURANCE
The Academy is insured for instruction. However, Student’s needs vary. The Academy strongly advises that the Student obtain their own insurance, details of which can be found on our website. The Student agrees the Academy Insurance Policies are adequate and the Policy is available, on request, for inspection at Sail and Power Academy.
a) No liability is accepted for any Student’s vehicles parked in the Marina grounds, or Student’s Possessions in the vehicle, on the pontoons or in the Schools vessels or accommodation.
b) No liability is accepted for Students whilst on Academy grounds, in any of the Academy properties, on ladders, pontoons or vessels and all Students participate in any aspect of any course at their own risk.
17 BREAKAGES OR DAMAGES:
Howsoever caused must be immediately notified to the Skipper or Principal. Students shall be liable for any loss or damage to Academy equipment, vessel’s equipment, up to and including the first 100 euros per item. The cost of any breakages will be notified to the student prior to them leaving the course.
The Academy’s standards of instruction are high and certificates will only be issued at the end of a course if, in the opinion of the Academy’s Instructors and Principal, the Student has reached the necessary standard. The Academy’s Principal and Instructor’s decision shall be final and accepted by all Students.
19 YACHTMASTER COURSES AND EXAMS
All candidates for Yachtmaster Offshore and Coastal Examinations must satisfy themselves that they have the necessary previous experience and skills to attend the Prep Week and Exam. If you are not sure please see the details on our website or call the Chief Instructor to discuss. All students must pay to the RYA the appropriate examination fee for their exam. Current prices can be found here. In addition, all students must bear the cost of the examiner's travel expenses to and from the boat.
We try to use local examiners where possible however sometime, particularly if an exam has been arranged at short notice, we may need to fly an examiner in from the UK. The cost of this can be as much as 500 euros although the average cost is 250 euros. This is shared equally amongst the students and must be paid to the Academy prior to the commencement of the exam. Should a student decide during the prep week that they do not wish to go ahead with the exam, they are still liable for their share of the Examiners expenses in order to be fair to the other candidates.
20 DUTIES ONBOARD
a) All Students will be expected to participate in cooking, cleaning vessel and routine maintenance as required by the Instructor. At the end of the course, all Students will be expected to clean the vessel from bow to stern.
b) Yachtmaster Students who stay on board for an exam are responsible for the boat at all times including returning it to the academy in the same condition as when it was taken out. This includes cleaning the boat once the examiner has left.
Any dispute should be brought to the attention of the skipper or principal at the earliest opportunity to be resolved. In the event of a dispute not being settled by mutual agreement, it is agreed that this agreement (contract) shall be governed by the laws of Spain details of which can be obtained from the Principal.
22 PROHIBITED ITEMS & SUBSTANCES: It is forbidden to bring on board any vessel, any illegal item, such as prohibited drugs, firearms, offensive weapons, pornography, noxious substance or liquids or any other item of any kind that is unlawful or unsuitable for use on the boats.
Clients returning to the vessel having purchased items ashore must consent to such items and their packaging being checked by the skipper. Sail and Power Academy reserves the right to refuse to allow any item onboard its vessels should the skipper deem that such items are unsuitable for any reason whatsoever. Any client refusing to allow packages to be checked, will not be allowed on board the vessel and will be responsible for their own return travel arrangements.
Sail and Power Academy shall not be held responsible for any costs incurred by the client as a result of such an event occurring. Consumption of alcohol is not allowed during training hours.
23 DATA PROTECTION
The academy will not pass or sell any of your personal details to any third party with the exception of the Royal Yachting Association for the purposes of certification registration only.
0034 621 08 97 85
Copyright Sail and Power Academy - January 2023