Terms & Conditions
TERMS & CONDITIONS
This service contract and our terms and conditions (“Contract”) relate to Prosailing Malta courses and starting on or after the 1st January 2023.
This Contract (together with the documents referred to on it, such as information provided on our website: www.prosailingmalta.com) sets out to you (“you” means the party contracting with Prosailing Malta for courses/tuition) the terms and conditions on which we (“we”, “us” or “Prosailing Malta), shall undertake to supply training sessions, or services (“sessions”).
Please read this Contract carefully before booking any courses. You should understand that by booking our courses, you agree to be bound by this Contract.
- Booking Sessions
Bookings for RYA courses/TM Nautical Licence can be made by contacting us by email: [email protected]
Sessions will be delivered in English language.
- Description and pricing of sessions
Although we make every effort to ensure the prices listed are correct, mistakes may sometimes be made. If a mistake is discovered in the price of the course that you have booked after the confirmation of your booking, we will advise you and give you the option of either reconfirming your booking at the correct price or cancelling your booking and refunding you.
Prosailing Malta reserves the right to change prices listed without notice and refuse any individual or company.
- Provisional bookings
Where a booking is made by email/over the phone and is not accompanied by a deposit, the booking will be deemed to be provisional (“Provisional Booking”). Provisional Bookings will only be held until 2 (two) days from date of confirmation, after this any Provisional Booking will be cancelled. When a 25% deposit has been received, the student’s place on the course will then be confirmed and a binding Contract will have been entered between Prosailing Malta and yourself. Deposits are non-refundable.
- Third party bookings
We accept bookings from third parties acting on behalf of someone else, for example, should you wish to gift a course (we provide and issue gift vouchers). We would need to contact the person(s) receiving your gift to confirm correct course placement, full details on our application form including any allergies/dietary requirements they may have, provide instructions before the course starts, issue RYA certificate accordingly, and any other information. Outstanding balance for the course will be due four (4) weeks before the start of the course by the third person unless previously agreed otherwise in writing beforehand.
- Cancellation of Sessions
We recommend that if you will be travelling to Malta to attend our sessions, you would first receive a confirmation of your course from us before you make any travel or accommodation arrangements.
Prosailing Malta reserves the right to amend or cancel any session, session times, dates or provide alternative vessel for any reason whatsoever. Such changes will be advised before the sessions start date and any session already paid in full will be refunded to you, should such course not take place. You will also be given the option to choose any other session, should there be availability (please refer to Transfers below).
Any travel, accommodation or subsistence costs incurred (including incidental costs) are entirely the responsibility of the participant. Prosailing Malta does not accept any liability for reimbursement of any costs incurred whatsoever in relation to its training sessions. We highly recommend that if travelling from abroad you take out travel insurance.
Mile building – miles and destinations cannot be guaranteed, we sail with the wind.
- How to pay
If a provisional booking is made via email, payment must reach our bank within two (2) working days. Our bank details are sent out with each booking. We will only accept cash on the day, prior to previous acknowledgment from Prosailing Malta. We also do not accept payments in any currency other than euro (€).
Outstanding balance is due four (4) weeks prior to the start of the course.
You will not be eligible to attend the session until full payment is received and if the payment is not made prior to the student attending the course, Prosailing Malta reserves the right to refuse admission until payment has been made in full.
- Cancellation Policy
Where a booking has been accepted by Prosailing Malta and is subsequently cancelled, you will be liable to the following cancellation charges. All cancellations must be received in writing via email to:
- Cancellation made more than 31 days before start date of course – Deposit is non refundable
- Cancellation made 28-30 days before start date of course – 30% charge of total course fee
- Cancellation made 27 days or less before start date of course – 100% charge of total course fee
Should you wish to drop out of a course that has already started, Prosailing Malta will not refund any pro-rata share for any sessions that you will not be attending. There shall be no right of withdrawal if the course has begun, and you acknowledge that you will lose your right of withdrawal.
EXAMINATIONS: If an examination must be cancelled or postponed for whatever reason, the candidate may ask to be reimbursed the examination fee or be offered a future examination date (subject to the examiner’s availability). 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.
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.
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.
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.
If you wish to transfer your booking to another course, Prosailing Malta will do everything possible to try to accommodate your request, provided there is still availability. If the new course that you wish to attend is priced at a price which is less than the price of your current booking, Prosailing will offset any difference in price as an administration cost. Should the price of the new Course you wish to change to be higher than the Course you are booked in, you would need to pay the difference in price by bank transfer.
No student or charterer shall bring aboard any contraband, drugs or any other substance on board. We have a no alcohol on board policy.
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.
If a student or customer demonstrates any unsociable behaviour towards other students 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
10. 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.
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.