Terms and Conditions
These terms and conditions (“Terms”) govern your use of Portugal Sail and Power (“Portugal Sail and Power”, “we”, “us” or “our”) and any related services, products or information provided by us (“Site”). Please read these Terms carefully before using our Site. By using our Site, you are agreeing to be bound by these Terms. If you do not agree with all the terms and conditions of this agreement, then you may not use our Site and you may not access or use any of our products or services.
1. DEFINITE BOOKINGS
Bookings will be deemed definite once the terms and conditions are accepted by you. This occurs once our online booking form has been fully completed and submitted by you.
2. CONFIRMATION
We will confirm the booking, via email or in writing, within 5 days of the booking form being submitted. At the same time as sending the confirmation, we will issue an invoice for the course fee(s) and any additional agreed expenses or extras plus joining or logging on instructions for online courses.
3. PAYMENT
A 25% non refundable deposit is required if the booking is over 28 days from the start date of the course. The balance of payment is due 28 days prior to the date of the course. Invoices are issued in euros and payment is required by direct bank transfer to our Portuguese bank.
If the booking is within 28 days of the start date of the course the full fee is required, including any online courses.
If within 28 days prior to the course the Student has not paid the balance of the fee, on the 28th day a reminder email will be sent. If 21 days from the date of the course the balance has not been received we reserve the right to sell the Student’s course to another client.
If we are successful in selling the space and mitigating the costs, the student will only forfeit the deposit.
If we fail to sell the course, the Student will be liable for the full fee. If the Student fails to remit the balance due, it is agreed that 3% per month can be added to the outstanding amount, on compound interest rates, from the twenty eighth day, prior to the course until paid.
4. CANCELLATION / DELAY / NON ARRIVAL
a) If your course is more than 35 days away from your booking date, you have 7 days from your booking date to cancel your course and your deposit will be returned in full, minus any bank charges incurred.
b) If you are likely to be delayed beyond the start of your course, please inform us as early as possible.
c) If you cannot attend your course through illness or commitments elsewhere you are required to contact us as soon as possible.
d) If it is necessary for you to cancel the course within 28 days of commencement of the course every possible attempt will be made to mitigate your costs and to let the space to another student. If successful you will only forfeit your deposit. If unsuccessful you will be expected to pay the full fee.
e) Any Student who fails to arrive, for any reason whatsoever including illness that has not notified us, will automatically forfeit the total monies paid and no liability by doing so shall attach to Portugal Sail and Power whatsoever.
f) In exceptional circumstances (where the full course fee has been paid) we may agree to you postponing your course. This will be entirely at our discretion.
5. UNDER 18’S
For students under 18 these Terms and Conditions must be accepted by the parent or guardian.
6. INSTRUCTION ON YOUR OWN BOAT
All conditions herein apply
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, for courses longer than 1 day when away from Vilamoura Marina.
b) Insurances: The Owner must notify his Insurance Company that there will be a qualified Instructor onboard 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 marina insurance for the area in which the Skipper is expected to sail, with additional days leeway to allow for adverse weather
7. ONLINE COURSES
Some of our online courses are provided through Skippers Online who themselves are an approved RYA training Centre.
8. RYA ONLINE COURSES
The RYA provides direct online courses to students via www.ryainteractive.org. A personal account is necessary and we will provide you with the log on details. On your first access to the site, you will be asked to enter your address and date of birth. You will have access to the site for one year in order to complete your online course. Instructional support will be provided by RYA online organisation for a period of 1 year from the date of your course booking. Any certificate gained through completing an online course will be held on your personal account with the RYA
9. FOREIGN PORTS
Please take your passport on any practical course in the event of calling into any foreign country, whether intended or not. A Student must seek permission from the Skipper for anything he brings on the vessel whilst in a foreign port. He shall indemnify Portugal Sail and Power, 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 Portugal Sail and Power’s property and vessels.
a) Skipper’s Decisions: From the moment the Skipper steps onboard the instruction vessel in accordance with marina practice, the Skipper’s decisions are final, without exception.
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 Marina 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 Portugal Sail and Power and neither shall the Student have redress for any expenses or unused portion of the fee. Neither any redress against the Skipper or Portugal Sail and Power 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, the time may be reduced. The Skipper’s decision is final.
12. VESSEL CHANGE
If it is necessary to change 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. PORTUGAL SAIL AND POWER CANCELLATION
If, for any reason, we are unable to fulfil a booking or a vessel becomes unseaworthy for any reason whatsoever, we will inform the Student immediately the knowledge is available. No liability shall attach itself to us beyond the refund of the full fee paid by the student(s) or unused portions thereof.
14. INSURANCE
Portugal Sail and Power is insured for instruction. Portugal Sail & Power Ltd., its employees or any person subcontracted by Portugal Sail & Power shall not be liable for loss or damage to students’ property or for any injury or illness suffered by any student for whatever reason or cause.As Students’ needs vary, we strongly recommend students have their own accident, travel and all risks insurance.
15. DISCLAIMER
a) No liability is accepted for any Student’s Possessions at any time. b) No liability is accepted for Students whilst in the classroom, office, on ladders, pontoons or vessels and all Students participate in any aspect of any course at their own risk.
16. BREAKAGES OR DAMAGES
Breakages and damages however caused must be immediately notified to the Skipper or Principal. Students shall be liable for any loss or damage to School equipment, vessel’s equipment, up to and including the first £100 per item.
17. CERTIFICATES
The School’s standards of instruction are high and certificates will only be issued at the end of a course if, in the opinion of the School’s Instructors and Principal, the Student has reached the necessary standard. The School’s Principal and Instructor’s decision shall be final and accepted by all Students.
18. DUTIES ONBOARD
a) All Students will be expected to participate in cooking, cleaning the 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 stem to stern.
b) Students who stay onboard for an exam are required to clean the boat once the examiner has left. Failure to do so will incur a cleaning charge of £100 which will be divided between all students onboard.
19. DISPUTE
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 Portugal. It is further agreed all agreements between customers, clients and Students and staff of Portugal Sail and Power shall be governed by Portuguese Law, even when the dispute occurs outside Portugues territorial waters.