1 – Provisional Booking
a) Provisional Bookings will be held for the applicant on the applicant’s acceptance of these terms and receipt of this signed Booking Form by the School.
b) Acceptance of the booking will only be valid if the applicant has received acknowledgement by one of the authorized representatives of the School of receipt of this application in writing, either via e-mail or post as per the addresses provided by the applicant at part A of the booking form.
2 – Confirmation of Booking
a) The applicant is required to submit a deposit of 50% of the course fees in order to have the place on the course confirmed.
b) Preference for course places will be given to those applicants who have paid a deposit.
c) In the event that the applicant has a confirmed booking, the remaining 50% of the course fee is payable no later than 3 weeks before the start date of the course.
d) In the event that the applicant cannot pay the full fee 3 weeks prior to the course start date, then the School may elect to cancel the booking.
e) If a booking is made within three weeks of the start date of the course, the full fee is due.
3 – Non-Payment
a) Should the applicant not have paid the 50% deposit by 6 weeks prior to the beginning of the course, the School may elect to cancel the provisional booking.
b) Should the applicant pay the deposit, but not the balance of the course fees by 3 weeks prior to the beginning of the course, the School may elect to cancel the agreement with the applicant and, in the event that the School elects to cancel the agreement, the entire deposit will be forfeited to the School as cancellation fee.
4 – Applicant Cancellation
a) Any cancellation by the applicant must be addressed to the School and sent to both fax and e-mail address provided by the School in part A of the above Booking form.
b) In the event that the applicant cancels his booking more than 6 weeks before the beginning of the course, the applicant will be refunded 50% of the deposit after one month from the date of cancellation and the School will retain the other 50% of the deposit as a cancellation fee.
c) In the event that the applicant cancels his booking within 6 weeks of the beginning of the course, the entire deposit will be forfeited to the School as a cancellation fee.
d) In the event that the applicant cancels his booking within 3 weeks of the course, the full course fee is payable to the School.
d – i) Should the School find another person to fill the place applicant in the course, the School shall refund the applicant monies paid towards the course, less a 7% cancellation fee, one month after and only in the event that, the person has paid the course fee.
f) The discretion to accept another person in the place of the applicant will rest with the School.
g) The course fee cannot be refunded for any reason once the course has been started.
5 – School Cancellation
a) In the event that the School cancels the Course of the applicant, the applicant will be entitled to a full remission of any monies paid to the School after one month from the date of cancellation.
a – i) The refund will be limited to the monies paid for the course fee or unused portions thereof and there will be no further liability for the School.
b) The provisions of clause 5(a) and 5(a-i) are not applicable to the whole of clauses, 2(d), 3 and 7.
c) The School will provide written notice of cancellation to the applicant at the e-mail or postal address of the applicant as stipulated in part A of the booking form, alternately, to the applicant personally.
6 – Sea Time
a) Every effort will be made to ensure that each student receives the required amount of sea time to complete his course.
b) In the event that sea conditions are such that, in the opinion of the skipper or any of the authorized representatives of the School, it would be a danger to the life or health of any of the students at the School for them to go out to sea, the skipper or authorized representative may elect not to go out to sea.
c) The skipper or authorized representative’s decision shall be final in the matter stipulated in clause 6(b) above.
7 – Safety
a) If, in the opinion of any of the authorized representatives of the School, the applicant is endangering the safety or life of any of the School representatives or students, or is endangering the property of any of the students, the School, any property utilized by the School, or School representatives, then the School reserves the right to cancel this agreement henceforth.
b) Notice of cancellation will be furnished in writing to the applicant personally or to one of the addresses provided by the applicant at part A of the booking form and will be effective from the point that the applicant receives the notice.
c) In the event of a cancellation as referred to in clause 7(a) above, the applicant will forfeit the entire course fee to the School.
8 – Complaints
a) All complaints must be taken up initially with the Instructor and Office and given in writing to the Instructor or Office who will respond within 7 days of receiving a complaint.
b) In the event that the Instructor or Office does not address the complaint of the applicant, or does not address the complaint adequately, the applicant must address a complaint to the Principal of the School within 14 days of the initial complaint. The principal will respond to the complaint within 7 days of receipt thereof.
9 – Right of Admission Reserved / Right to reject any Application
a) The applicant agrees that the submission of this application constitutes an offer which is not accepted until such point as the provisions of clause 2(b) above are completed.
a – i) The School reserves the right to reject the application of the applicant until such point as it is accepted in accordance with the provisions of clause 2(b) above.
b) The applicant agrees to comply at all times with the instructions of the Instructors and authorised representatives School.
b – i) If, at any stage during the course, the student is seen to be deliberately disobeying the instructions of the Instructors or authorised representatives School, then the School reserves the right to cancel this agreement henceforth.
b – ii) In the opinion of any of the authorised representatives of the School, the applicant’s behaviour on course is deemed unacceptable then the School reserves the right to cancel this agreement henceforth.
c) In the event of a cancellation as referred to in clause 9(b – i) and 9(b – ii) above, the applicant will forfeit the entire course fee to the School.
10 – Legal Costs
1) In the event that there is a dispute regarding this agreement that requires legal action, the school will be entitled claim the costs of such legal proceedings from the applicant on the attorney and client scale.
11 – Jurisdiction
a) Both the applicant and the school consent to having any legal dispute relating to this agreement heard within the jurisdiction of the Magistrate’s Court, regardless of the value of the claim in that dispute.
12 – Course Structure and Dates
a) Every effort will be made to ensure that each student’s course structure remains unchanged to that outlined in the initial communication between the student and the School.
b) The School reserves the right to change dates and content, modify, add to or remove from portions or the whole of the course as outlined in the initial communication between the student and the School.
c) The School’s decision shall be final in the matter stipulated in clause 12(b) above.
13 – Risk Statement and School Insurance
a) Boating is by its nature an unpredictable activity and therefore inherently involves an element of risk.
b) By participating in this course the applicant acknowledges that:
b – i) They are aware of the inherent element of risk involved in the activity and accept responsibility for exposing themselves to such inherent risks whilst participating in the course.
b – ii) They accept responsibility for any injury, damage or loss to the extent cause by their own negligence.
b – iii) They will not participate in a course whilst their ability to skipper or crew is impaired by alcohol, drugs or whilst otherwise unfit to participate.
c) The School is insured for instruction. However, it is strongly recommended that the applicant obtain their own personal and medical Insurance before commencement of the course with the School.
14 – Whole Agreement
This agreement constitutes the whole agreement between the school and the applicant. Neither any variation of this agreement nor any waiver of any rights held in terms of this agreement, shall be of any force or effect unless reduced to writing and signed by both an authorized representative of the school and the applicant.