Terms and Conditions
TERMS AND CONDITIONS AND CONDITIONS OF BOOKING
Please note, these terms and conditions are compulsory as per the regulations, many of these are flexible though and we would rather have happy customers than anything else!
Please read carefully the Booking Conditions and information contained in your booking confirmation attachment that was emailed to you, as these form the basis of your contract with Mylor Sailing School and set out the respective rights and obligations of both parties. In the following Booking Conditions ‘you’ means the Party Leader and ‘we’ means Mylor Sailing School.
No booking can be regarded as confirmed until registration and deposit is complete.
- To confirm your booking
Once you have booked and paid the deposit, you will automatically receive a Confirmation of Booking via email within 24 hours. A contract will then exist between us.
Once you have booked, the agreed price of your booking is fully guaranteed by Mylor Sailing School and will not be subjected to any surcharge provided you meet the payment schedule. This does not apply to invoice errors or government action.
- Schedule of payments
We require a deposit per person as stated at time of booking. This may vary between 25% – 50% depending on the course. The Final Balance is due within 4 weeks prior to the first day of your course date (or at the time of booking, if this is less than 4 weeks prior to your course start date). Some shorebased courses and instructor courses will require either a 50% deposit or the payment in full upon booking. This is made clear at time of booking.
NOTE: You will be emailed a reminder to pay your balance via email at the appropriate time as laid out above. Therefore either 4 – 6 weeks prior to your course dates. If any payment due is not received in full and on time we reserve the right to treat the booking as cancelled by you.
In the event of cancellation of the booking, every effort will be made to fill the places, and if successful, the fees will be returned. If unsuccessful, any cancellations after monies have been paid will be charged as the scale below. 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 Mylor Sailing School’s office in Mylor. 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:
Prior to four weeks of commencement date: Deposit
4 weeks of commencement date: 70% of total sum
Less than 4 weeks of commencement date: No refund
We reserve the right to cancel any of our courses due to operational reasons. In this event all fees will be refunded unless alternative dates are acceptable.
Mylor Sailing School 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 Mylor Sailing School by the Party Leader. Alterations requested more than 4 weeks 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 4 weeks 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.
- Mylor Sailing School alterations
The arrangements detailed on the website are given in good faith at the time of publication, but we reserve the right to provide comparable alternative arrangements if operational or other considerations so dictate. No employee or representative of Mylor Sailing School has the authority to verbally vary these terms and conditions or the information within our website, other Mylor Sailing School literature or to enter into verbal agreements with clients of Mylor Sailing School. No variation in these conditions or otherwise in the terms upon which a booking is made and no promise to refund money paid to Mylor Sailing School shall be valid unless in writing and signed by the owner of Mylor Sailing School.
While every effort is made to ensure that all information on the website is correct, including offers, should an offer remain on the website in error then it is at Mylor Sailing School’s discretion as to whether the offer is honoured.
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. We reserve the right to impose surcharges due to government action.
- Adverse weather
We can accept no responsibility for the effect that weather conditions may have on our programme. In the event of severe weather forcing cancellation for safety reasons you will be given the option of alternative dates subject to availability.
The decision whether or not to sail is always the responsibility of the Senior Instructor on duty at the time.
- Under 16s
For full day courses, adults must come and meet their children for lunch if under the age of 16. We are unable to monitor your child during the lunch break.
From time to time authorised parties may carry out photography and/or video recording. You will always be consulted prior to this and as to whether you agree that we may use such images in promotional, advertising or publicity material in any format whatsoever. If you agree then the copyright rests with such authorised parties.
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.
Mylor Sailing School holds full Public Liability Insurance.
- Force Majeure
Mylor Sailing School reserves the right to cancel/curtail your course 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 Mylor Sailing School’s control which prevent or affect Mylor Sailing School’s contractual obligation. Where such circumstances occur Mylor Sailing School will not be liable to pay you refunds or compensation.
Mylor Sailing School and its staff are responsible for the safe conduct of your course and may vary the itinerary to that end. They alone shall decide whether or not the activities are available or conditions are safe to use a particular craft. It is not permitted for any Mylor Sailing School craft to do night sailing or partake in any third party race without the prior written approval of Mylor Sailing School. All water-based activities are offered subject to availability.
Anyone who, in the opinion of the Senior Instructor, is unfit for any activity, or who behaves in such a way likely to cause danger, or spoil the enjoyment of other members of any group, may be excluded from taking part – further details on this is in the booking confirmation.
- Lost Property
We remind everyone to take all their possessions home with them. We will keep lost property until the end of the season, but regret that we cannot forward items by post.
Smoking is strictly prohibited on any training vessel. This includes on our pontoons where there is often fuel and other flammable substances.
It is prohibited to be under the influence of alcohol during any training.
It is prohibited to be under the influence of, consume or be in the possession of any controlled substances whilst engaged in any activity relating to this programme.
- Mylor Sailing School Liability
Mylor Sailing School 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.
Mylor Sailing School does not accept liability or responsibility for personal injury to, or the death of any participant howsoever caused unless by the proven negligence of Mylor Sailing School, employees, suppliers or subcontractors. In addition, Mylor Sailing School is NOT liable for death, injury or illness caused by an activity outside of Mylor Sailing School’s activities.
Mylor Sailing School cannot accept liability for causes of dissatisfaction that are not notified to us, in writing, within 28 days of completion of the course.
Please do not take valuables with you on the water. Items such as car keys can be handed in at the sailing school office for safe-keeping however we can take no responsibility for valuables, even when handed into our care.
- 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. All adults on courses at Mylor Sailing School 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 Mylor Sailing School’s equipment e.g. boats, safety equipment or clothing etc as a result of wilful damage by a party member as a result of a party member not obeying Mylor Sailing School 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, Mylor Sailing School with any known potential medical conditions that may affect the personal safety of any party members and for notifying, in writing, Mylor Sailing School of any special needs of any party members.
- 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 Mylor Sailing School 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.
Our aim is to give you an enjoyable and trouble-free course. If you do have a problem or complaint it is important and in your own interest to tell a relevant member of the Mylor Sailing School 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 notify us, in writing/email, immediately upon your return. We strongly recommend that you communicate any problem to our centre staff without delay and write/email 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 and this may affect your rights under this contract. Mylor Sailing School 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 on the website. Whilst every effort is made to ensure that all information given is correct, Mylor Sailing School cannot be held responsible if this should prove inaccurate.
All the dinghies, keelboats and powerboats used by our centres are of an approved design suitable for teaching. All buoyancy aids are of an approved design.
- Child Protection Policy
Please view our link to our full child protection policy.
- COVID-19 Pandemic policy
If Government guideline restrictions are enforced, we will endeavour to reschedule your training. Refunds or credit due to a pandemic situation will only be made if government or local restrictions/guidelines prevent us from operating or prevent the legal travel and stay of visitors to Cornwall.
For any queries with these terms and conditions of booking please contact Tracey Boyne (owner).
Please note we would rather have happy sailors and happy customers and to see you again so please get in touch if you have any queries whatsoever with these Terms and Conditions!