1) BOOKING: Telephone bookings will be held without deposit for a maximum of 2 working days.
(A booking signifies acceptance of the company’s terms and conditions.)
2) PAYMENT AND DEPOSIT: RYA Sailing Courses 25% deposit. Deposits are non-refundable. Balance is payable 6 weeks prior to embarkation. In the event of non-payment we reserve the right to resell the course; payments made will be reimbursed should the course be resold.
3) CANCELLATION: In the event of cancellation prior to the final balance being due only the deposit is forfeited. If cancellation after the date of final payment the client is liable to pay outstanding balance, should we be unable to re-sell the space, at our discretion we may transfer the reservation to an acceptable alternative date.
4a) We reserve the right to alter the published schedule or substitute an alternative vessel. If this is unacceptable to the client a full refund shall be made. No responsibility what so ever will be accepted for air fares or other costs.
4b) The company shall not accept claims and shall not be liable at any time for claims or expenses caused by circumstances beyond its control including sickness, accident, travel delays, weather, strikes, war or civil unrest. We highly recommend that if travelling from abroad you take out travel insurance.
4c) In the event of the company cancelling a charter or course we shall be liable only for refund of fees paid. No payment will be paid made for incidental costs.
4d) Mile building – miles and destinations cannot be guaranteed, we sail with the wind.
5) EXAMINATIONS: If an examination has to be cancelled or postponed for whatever reason, the candidate may ask to be reimbursed the examination fee or to be offered a future examination date. If the examination has to be cancelled due to adverse weather the student contribution towards the examiner’s expenses will be forfeited according to the examiner’s costs already incurred.
6) FORCE MAJEURE: Prosailing Malta shall not be liable for any expenses incurred due to Force Majeure, including weather conditions, strikes, act of Government or any other occurrence beyond our control. Your instructor/skipper’s decision regarding heavy weather training with the safety of the crew and vessel as the first priority is final.
7) STUDENT NEGLIGENCE: Any irresponsible behaviour of a student that leads to damage or loss of any item of the school or boat property, the student is responsible for replacement or repair.
8) ALCOHOL/DRUGS: No student or charterer shall bring aboard any contraband, drugs or any other substance or item without the prior knowledge or permission of the skipper.
8a) If in the opinion of the Skipper or Master of any vessels operated by Prosailing Malta a student or customer is unfit to sail or participate in any course due to alcohol or drug related intoxication they will be removed from the vessel. The customer may rejoin the vessel with the Skippers permission and at their own cost in the case of an isolated incident.
8b) If a student or customer demonstrates any unsociable behaviour towards other students or customers or in any of the marinas that we visit towards staff or any other person, upon being given a final warning will be removed from the course. No refund will be given.
8c) Whilst at sea and in marina, at anchor or mooring buoy the Skipper/Master of the vessel has the authority of Prosailing Malta to manage the crew, students and vessel accordingly in compliance with MCA Maritime Law and local bylaws. The Skipper/Masters decision is final.
9) INSURANCE AND DAMAGE: Prosailing Malta shall not be liable for death, or any personal injury, or any other loss of any nature what so ever (including consequential loss) suffered by any customer during the period of the course. We also ask you to inform us of any health issues that may affect your suitability for attending a practical training course. Prosailing Malta accepts no responsibilities for the decision of the physical fitness of the customer to participate in any of the courses.
10)DISPUTES: Our aim at Prosailing Malta is to excel in the services we provide. Should you not be satisfied with any service or product we provide please feel free to approach us first hand and we will do our utmost to resolve directly. In the event a dispute is not settled by mutual agreement it is agreed that The Chamber of Advocates shall appoint an arbiter whose decision shall be final and that wherever the dispute occurred both the client and the company shall be governed by Maltese Law.