Terms & Conditions
Leith Nautical Sailing Academy – Standard terms and conditions
The following conditions form part of every contract for RYA courses run by Leith Nautical Sailing Academy (LNSA)
- Booking your course
- To secure your booking you should complete LNSA’s on line booking form and make payment of the required course fee. A separate form should be completed for each person.
- A booking confirmation will be emailed to you. No contract will exist until the booking form has been received and the full course fees have be paid.
- If LNSA does not accept your booking a full refund will be provided.
2. Prices and Payments
2.1. Prices for LNSA courses are shown on the website www.leithnautical.co.uk and are available from LNSA.
2.2 The price applicable to a course is the price shown on the website at the time of booking.
2.3 For all courses booked more than six weeks before commencement a non refundable booking fee is payable. In the event of the course being booked within six weeks the full course fee is payable at the time of booking.
2.4 In the event of any fees not having being paid within 7 days of the start date for the course LNSA reserves the right to cancel your booking and withhold any certificates and course materials.
- Amendment and cancellation by you
3.1 LNSA will make every effort to assist you if you wish to alter any previously arranged agreements. Requests must be made either in writing or by email. LNSA reserves the right to make an administration charge of £50 per amendment.
3.2 All cancellations must be made either in writing or by email. Cancellations are effective on the day the are received by LNSA. All cancellations made 4 weeks before the commencement of the course will be refunded in full. In the event of cancellations being made within four weeks of the course commencing a 50% refund of the course fees will be made.
4. Amendment and alteration by LNSA
4.1 LNSA makes every effort to operate its courses as advertised. It may occasional be necessary to modify a course before its commencement. If the modification is significant LNSA will notify you as soon as possible and offer you three options. You may:
- Accept the modification
- Change your booking to another suitable course
- Cancel and receive a full refund of the course fees paid
If you choose another available course, which is more expensive, you must pay the difference, but, if it is cheaper, LNSA will make the appropriate refund.
4.2. If LNSA becomes unable to provide a significant element of your course after it has commenced, suitable alternative arrangements will be made for you at no extra charge to you or, alternatively, the course will be cancelled and you will be given a refund, which LNSA in its sole discretion considers appropriate to the circumstances.
4.3. LNSA reserves the right to cancel your course. However, it guarantees that it will not do so for any reason other than force majeure or for the safety of the students after the date on which the final payment is due. “Force majeure” means unusual and unforeseeable circumstances beyond LNSA’s control, the consequence of which neither LNSA nor its suppliers could avoid, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, technical problems with transport, machinery equipment, power failure, natural or nuclear disaster, fire, flood or other adverse weather conditions. In the event of a cancellation due to force majeure, LNSA will use reasonable endeavours to arrange an alternative course of a comparable standard. In the event that this does not prove possible or practicable, LNSA undertake to give an appropriate refund having regard to the circumstances.
5. Responsibilities of LNSA
5.1. Whilst LNSA take all reasonable precautions to prevent accidents or injury, you acknowledge and agree that some of the activities you participate in on the course carry a risk of accident and injury. You undertake not to take any unreasonable risks, and you accept that if you do, then you are responsible for the consequences of your own actions.
5.2. LNSA will make reasonable checks to ensure that those involved in the preparation and provision of its courses have the appropriate qualifications.
5.3 Descriptions, information and opinions given in LNSA’s publications, materials and on its website in and other suppliers whose services are used are given in good faith, based on the latest information available at the time.
5.4. LNSA will be under no liability whatsoever if you suffer loss, death or personal injury where there has been no fault on the part of LNSA or its employees, instructors, agents or suppliers and the loss, death or personal injury suffered is attributable to your own acts or omissions or to the acts or omissions of a third party not involved in providing the services which make up your course, or to unusual or unforeseeable circumstances or events which could not have been anticipated or avoided by LNSA or its employees, instructors, agents or suppliers even with the exercise of all due care. LNSA’s liability to compensate you and the amount of such compensation is subject to the following limitations:
5.4.1. In the case of damage other than death, illness or personal injury, compensation is restricted to a reasonable amount having regard to such factors as, such as, the course cost and the extent to which the enjoyment of your course can be said to have been affected.
5.4.2. In all cases, liability and compensation are limited in accordance with the provisions of all international conventions, which concern transportation and accommodation.
6. Your responsibilities
6.1. You are responsible for advising LNSA of details of any medical condition or allergies that you have suffered prior to the commencement of the course and of any medication that you are on that may adversely impact you while on the course. In the event that LNSA in its sole discretion considers that these conditions are likely to create an unreasonable burden on the efficient conduct of the course, LNSA has an absolute right to cancel your booking, in which event the cancellation provisions of clause 3 above will apply.
6.2. In the event that you have a criminal record or have pending any criminal charges against you, you are responsible for advising LNSA of this fact. Should either of these circumstances apply, LNSA has an absolute right to cancel your booking, in which event the cancellation provisions of clause 3 above will apply.
6.3. You will be expected to comply with LNSA’s code of behaviour, details of which are stated on the website and which will be provided to you upon booking. Refusal to adhere to the code can result in your being required to leave the course. In this event, you accept that you will not be entitled to any refund in respect of the cost of the course.
6.4. In the event that your standard of sailing skills proves to be substantially different to that indicated by you on your booking form, and it proves impractical to include you in the course on which you have booked, LNSA undertake to discuss the situation with you but reserves the right to exclude you forthwith from the course.
6.5. You are responsible for taking appropriate care of the yacht on which your course is conducted. In the event of damage being inflicted on the yacht, then you and the other course participants will be required to pay pro rata for the damage sustained.
6.6. Clients accept that they undertake the course at their own risk. LNSA is not responsible for any injury or damage that is caused to a client while on LNSA’s premises, on pontoons, ladders or vessels. All clients participate in courses at their own risk.
6.7. All clients accept that as an accredited RYA sailing school, certificates will only be issued at the end of a course if, in the opinion of LNSA’s instructors and principal, the client has reached the required standard. The decision of LNSA principal shall be final and accepted by the client.
6.8 LNSA operates a strict policy of no smoking or use of illegal substances (“drugs”) on all of its vessels. Clients agree to adhere to this policy. The Railway and Safety Act 2003 makes it an offence for any professional staff on duty to be incapable of carrying out their duties if impaired because of drink or drugs. This includes being in charge of a vessel at anchor or in port. LNSA requires that all staff and clients adhere to this policy.
6.9. Clients accept that all personal effects and property brought along to a course is done so at their own risk. LNSA does not accept any responsibility or liability for any loss or damage incurred while attending the course.
7. If you have a problem
7.1. If you are unhappy with any aspect of LNSA’s arrangements while on your course, in the first instance this should be addressed to the course instructor. If this is not acceptable or convenient please address your complaint to the school Principal at the following: Paul Murray 38 Almondbank Terrace, Edinburgh, EH11 1SR. Email – firstname.lastname@example.org If you are undertaking an RYA course and do not receive a satisfactory reply, please list all details including course type and date, include your full name and address and as much information as possible and write to: RYA Training Manager, RYA House, Ensign Way, Hamble, Southampton, SO31 4YA
8. Description of services
8.1. LNSA maintains its latest and most detailed information relating to its services and courses on its website: www.leithnautical.co.uk In the event of a client being provided with information which is in conflict with that stated on LNSA’s website, it is the website information that should be regarded as being correct, unless the contrary information is specifically confirmed to the client in writing
9.1 The contract to which these conditions apply and any matter arising from it are governed exclusively by the laws of Scotland. Unless expressly provided otherwise, no person who is not a party to a contract to which these conditions apply shall acquire any rights there under by virtue of the Contracts (Rights of Third Parties) Act 1999.