Terms and Conditions
PLEASE READ THE FOLLOWING CONDITIONS CAREFULLY BEFORE COMPLETING YOUR BOOKING.
GENERAL TERMS AND CONDITIONS
1. Interpretation
1.1 The following definitions and rules of interpretation shall apply in these conditions:
“Centre” means Edinburgh Marine Academy, Shore Road, South Queensferry, EH30 9SQ;
“Conditions” means these terms and conditions for the provision of Services;
“Contract” means the contract between the Centre and the Customer for the provision of Services;
“Customer” means any person, company, firm or other legal entity, including any employees, agents or sub-contractors which places an order or purchases a Service from the Centre;
“Service” means any course, product, service or facility offered by the Centre to the Customer.
1.2 Where the Conditions refer to “We, Us, or Our”, this shall mean the Centre (together with it’s employees, agents and contractors). Where the Conditions refer to “You, Your, or Yourself”, this shall mean the Customer (or the organisation you represent or work for).
1.3 The headings in these Conditions are for convenience only and shall not affect their applicability.
1.4 A reference to a law is a reference to as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.5 Any reference to “writing” or “written” includes faxes and email.
2. Application of terms.
2.1 These Conditions are the only conditions upon which the Centre is prepared to deal with the Customer. The Conditions shall be incorporated into the Contract to the entire exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 These Conditions will prevail over any inconsistent terms endorsed on, delivered with, contained in or referred to in any purchase order, confirmation of order, specification or any other document or communication received from the Customer or implied by law, trade custom, practice or course of dealing.
2.3 The Customer’s purchase order, or the Customer’s acceptance of a quotation for Services by the Centre, constitutes an offer by the Customer to purchase the Services specified in it on these Conditions. No offer placed by the Customer shall be accepted by the Centre other than:
2.3.1 by a written acknowledgement issued and executed by the Centre; or
2.3.2 (if earlier) by the Centre starting to provide the Services, when a contract for the supply and purchase of those Services on these Conditions will be established. The Customer’s standard terms and conditions (if any) attached to, enclosed with or referred to in any purchase order or other document shall not govern the Contract.
3. Booking
3.1 The Customer may make a booking with the Centre by post, telephone, email or online via our website. Please note that places cannot be provisionally booked.
3.2 To help you find the right course, please read each course description carefully. Once you’ve made your choice of course and dates, and have read the booking conditions, please make your booking with the appropriate payment. Bookings cannot be accepted without prior and appropriate payment. All course and must be made prior to arrival.
3.3 Please note that individuals cannot be provided with credit terms.
3.4 Before providing credit for any organisation we will have to agree. An official purchase order may be required to secure a booking and credit references may be taken up. Where we agree to a purchase order it will need to be attached to your booking form.
4. Payment
4.1 All brochure course fees are inclusive of VAT where applicable. Bookings cannot be confirmed or reserved by the Centre until we have received the appropriate payment.
4.2 All bookings have to be paid for in full on receipt of an invoice.
4.3 The Centre reserves the right to cancel any booking without prior notice if full payment is not received in accordance with condition 4.2.
4.4 Crossed cheques/postal orders should be made payable to ‘Edinburgh Marine Academy,’ and sent to Edinburgh Marine Academy, Shore Road, South Queensferry, EH30 9SQ.
4.5 Credit and debit cards accepted are: MasterCard; Visa; JCB; Maestro.
4.6 We also accept payment via PayPal.
5. Amendments to Bookings by the Customer
5.1 The Customer may be substituted by another provided that at least two (2) weeks notice is given to the Centre and that substituted customer satisfies the course criteria. All substitutions have to be made with the consent of the Centre and such substitution shall incur an administrative charge of twenty five pounds (£25.00) on each and every occasion.
5.2 The Customer may apply in writing to change a course or course dates provided that the original booking is made no less than two (2) weeks prior to course commencement. It shall be at the Centre’s sole discretion as to whether such change shall be accepted. Any course change must be for a course in the current year which appears in our brochure or on our website (edinburghmarineacademy.co.uk). There is an administrative charge of twenty five pounds (£25.00) for each and every course change.
5.3 If the Customer requests a change to a course within six (6) weeks of commencement of such course, such request shall be dealt with according to condition 6 (Cancellations).
6. Cancellations
6.1 Cancellations by the Customer
6.1.1 All cancellations made by the Customer must be in writing and acknowledged by the Centre.
6.1.2 In the event of cancellation by the Customer, a cancellation fee will be due to the Centre as set out below:
• More than two (2) weeks prior to the commencement of the course a full refund will be given, minus a £25 admin charge.
• Two (2) weeks or less prior to the commencement of course/event: one hundred per cent (100%) of your total course fee shall be retained by the Centre.
6.1.3 You are advised to insure against and check whether your own personal insurance policy provides cover against certain unavoidable cancellation.
6.1.4 For all customers with bookings affected by government imposed restrictions (i.e. COVID 19 related) please note that usual terms and conditions will apply. The centre will attempt to reschedule courses but will not be liable for last minute cancellations.
6.2 Cancellations by the Centre
6.2.1 The Centre will use reasonable endeavours to ensure that your course takes place and in accordance with your booking. However, the Centre reserves the right to cancel any booking without prior notice and at any time where we believe on reasonable grounds that cancellation is necessary due to unsuitable conditions.
6.2.2 The Centre reserves the right to cancel a course at not less than (7) days notice where the Centre believes, in it’s reasonable opinion, that there are insufficient numbers for the course to take place.
6.2.3 Where the Centre cancels a course, you will be offered the following options:
• a full refund of the course fee paid; or
• an alternative course on the same date or a different set of dates.
7. Safety
7.1 In addition to enjoyment and learning new skills, safety is of paramount importance on all the Centre’s courses. Clearly, watersports and outdoor activities are hazardous by their nature and participants, parents or guardians must accept that there are risks and the inevitable bumps and scrapes which happen during the thrills and spills of fast moving activities. In providing a safe system of work and to manage associated risks:
7.1.1 We only employ staff trained within National Governing Body guidelines;
7.1.2 We provide a range of quality personal protective and safety equipment for participants’ comfort and safety;
7.1.3 We provide appropriate equipment for your course;
7.1.4 We teach to national governing body recommendations and guidelines, in small groups;
7.1.5 We have robust management and safety systems which have been inspected by approved bodies such as the RYA and the MCA
7.1.6 We reserve the right to modify or cancel an activity if we feel that there are unmanageable risks.
7.2 The Customer must comply with all safety guidelines and instructions given by the Centre and its staff. The Customer is responsible for ensuring that he/she and/or its members familiarise themselves with the Centre’s fire regulations and the position of the nearest exit and shall vacate the building immediately in an emergency.
7.3 The Centre will take all reasonable steps to ensure that it complies with government issued COVID guidance to reduce the risk of infection transmission. This will include good practice routines such as regular equipment cleaning and enforcing physical distancing within buildings and on the water. The Centre may enforce the wearing of PPE such as gloves or face masks to protect other customers and staff.
8. Health
8.1.1 Customers participating in the courses or services at the Centre must expect to be involved in adventurous or strenuous activity. Customers must be in general good health and must satisfy themselves that the activity is within their abilities.
8.1.2 The Customer must complete a health declaration as part of the booking process. The Customer must make the Centre aware of any injuries and/or illness (including COVID 19) and shall further make the Centre’s booking team aware of any injury or illness that occurs between the date that the health declaration is completed by the Customer and course commencement.
8.1.3 The Centre reserves the right to refuse a booking on medical grounds if the medical condition is considered to be detrimental to the safety and smooth running of the course.
8.1.4 Customers should notify the centre of any COVID 19 symptoms (coughs, headaches, fever etc) and not attend the course. This can be rescheduled at the Centres discretion.
9. Dietary Requirements
Any special dietary needs must be requested by the Customer at the time of booking if the Centre is providing any refreshments..
10. Complaints
10.1 If the Customer encounters a problem or issue relating to the services being provided by the Centre, the Centre will try to resolve such problem or issue as soon as possible. If the problem or issue fails to be resolved, the Customer must report it to the relevant course instructor or at the Centre’s reception.
10.2 In the event that the Customer does not receive a satisfactory response following the events set out in condition 10.1, the Customer may request to meet the Centre’s management team or the RYA in writing using the following details: Royal Yachting Association, RYA House, Ensign Way, Hamble, Southampton, S031 4YA.
10.3 If the Customer’s complaint is not resolved satisfactorily in accordance with condition 10.1 and 10.2, please write to: “Chris Bradby, Edinburgh Marine Academy, Port Edgar, Shore Road, South Queensferry, EH30 9SQ”.
11. Unruly Behaviour
11.1 The Customer and any member of the Customer’s party is required to have consideration for other people. If, in the Centre’s reasonable opinion, the Customer or any member of the Customer’s party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, the Centre is entitled, without prior written notice, to terminate the stay/use of facilities of the person(s) concerned. Such persons will be required to leave the Centre’s property and no refunds will be made and the Institute will not pay any expenses or costs incurred as a result of the termination
11.2 The Customer shall be liable for any damage or loss suffered by the Centre as a result of disruptive behaviour.
12. Limitations of Liability – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION
12.1 This Condition 12 sets out the entire financial liability of the Centre (including any liability for the acts or omissions of it’s employees, agents and subcontractors) to the Customer in respect of:
12.1.1 any breach of the Contract;
12.1.2 any use made by the Customer of the Services;
12.1.3 any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this Contract.
12.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
12.3 Nothing in these Conditions limits or excludes the liability of the Centre:
12.3.1 for death, personal injury or illness (including Covid 19)resulting from negligence by the Centre; or
12.3.2 for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Centre.
12.4 Personal property which belongs to the Customer is at all times the sole responsibility of the Customer. The Centre shall no accept any liability for loss of or damage caused to the Customer’s personal property unless any loss or damage is due to the negligence of the Centre or its representatives.
12.5 Subject to conditions 12.2, 12.3 and 12.4:
12.5.1 the Centre shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for: loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of goods; loss of contract; loss of use; loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
12.5.2 the Centre’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid by the Customer for the Services.
12.6 For the avoidance of doubt, the Centre shall have no liability for any loss or damage suffered by the Customer or any other person as a consequence of any negligence or wrongful act on the part of the Customer.
12.7 The Customer is advised to insure against injury, illness or losses incurred during their booking with the Centre and arrange suitable medical cover for such booking.
13. Intellectual Property
The copyright and all other intellectual property rights in the products and services shown in Centre’s brochures, website and other materials shall at all times remain the property of the Centre.
14. Photographs or Video Clips
14.1 Photographs or video clips taken on Edinburgh Marine Academy courses may appear in our brochures and marketing materials or on social media. If customers do not wish to be photographed or filmed this should be raised with the course instructor.
15. Data Protection
15.1 Personal information requested by the Centre at the time of booking or any other subsequent information is held in its original form and on computer.
15.2 The Centre:
15.2.1 is the data controller for the purposes of the Data Protection Act 1998;
15.2.2 will process your personal information in accordance with the Data Protection Act 1998; and
15.2.3 will not divulge your personal information onto third parties.
15.3 By providing us with your personal information to process a booking, you agree that your personal information can be:
15.3.1 held and accessed by the Centre’s authorised staff; and
15.3.2 used to contact you in the future either by email or post to send you e-news and/or marketing materials (including information about future events) if you ‘opt in’ to receiving marketing materials at the time of booking.
15.3 If you do not want us to use your data, or decide that you would like to exercise your right to opt out of receiving such e-news and/or marketing materials, then you can do so at any time by clicking on the ‘unsubscribe’ link or by contacting us by email at info@edinburghmarineacademy.co.uk.
16. Circumstances Beyond our Control
The Centre shall have no liability to the Customer under the Contract if it is prevented from or delayed in performing it’s obligations under the Contract or from carrying on it’s business directly or indirectly by any acts, events, omissions or accidents beyond it’s reasonable control including but not limited to, act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic or pandemic, quarantine or lockdown restriction, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Centre or any other party), failure of a utility service or transport network, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, unusually severe weather or energy supply disruption or default of suppliers or subcontractors.
17. Rights of Third Parties
A person who is not a party to this agreement (except (where applicable) any successors and permitted assigns) shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
18. Waiver
The Centre reserves the right to waive any or all of the Conditions.
19. Applicable Law
19.1 The Contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with Scots Law.
19.2 The Customer irrevocably agrees that any dispute or claim that arises out of or in connection with the Contract or its subject matter will be dealt with under the exclusive jurisdiction of the courts or Scotland.
TERMS AND CONDITIONS SPECIFIC TO EDINBURGH BOAT CLUB MEMBERSHIP AND BAREBOAT CHARTERS
These specific Terms and conditions are in addition to the general terms and conditions outlined above.
Interpretation
1.1.The following definitions and rules of interpretation shall apply in these conditions:
1.2.“Centre” means Edinburgh Marine Academy, Shore Road, South Queensferry, EH30 9SQ;
1.3.“Conditions” means these terms and conditions for the provision of Services;
1.4.“Contract” means the contract between the Centre and the Customer for the provision of Services;
1.5.“Customer” means any person, company, firm or other legal entity, including any employees, agents or sub-contractors which places an order or purchases a Service from the Centre;
1.6.“Service” means any course, product, service or facility offered by the Centre to the Customer.
1.7.Where the Conditions refer to “We, Us, or Our”, this shall mean the Centre (together with it’s employees, agents and contractors). Where the Conditions refer to “You, Your, or Yourself”, this shall mean the Customer (or the organisation you represent or work for).
1.8.The headings in these Conditions are for convenience only and shall not affect their applicability.
1.9.A reference to a law is a reference to as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.10.Any reference to “writing” or “written” includes faxes and email.
1.11.‘Home Port’ refers to Port Edgar Marina, South Queensferry
1.12.‘Activity’ refers to activity agreed between the Customer and the Company and includes: Bareboat Charter, Edinburgh Powerboat Club booked Sessions, Powerboat training, Skippered Charter, Boat Trips etc.
1.13. ‘Skipper’ refers to the individual with responsibility for the vessel.
AGREEMENT TO ACTIVITY
2.1.The Customer hereby agrees to engage the Company and the Company hereby agrees to supply a vessel for the Fee, subject to the terms of this Agreement.
INCLUDED MEMBERSHIP BENEFITS
3.1. Training options included in membership packages to be used within Membership Season and cannot be transferred to the next season.
3.2.Training dates to be by prior Arrangement with the Company and to normally take place on booked Activity sessions included within memberships
3.3.Stand up paddle boards to be included with some Membership packages. It is up to the Customer to ensure that they are experienced enough to use these and aware that it is at own risk. Training can be provided for an additional fee.
PAYMENT OF MEMBERSHIP, OR BAREBOAT/SKIPPERED CHARTER FEE
4.1. The customer shall pay to the company 100% of the Membership Fee or Charter Fee plus the damage deposit, on the signing or electronically agreeing to this agreement. If cleared funds are not received before the commencement of the activity the Company will cancel the charter and the Customer will forfeit any monies paid.
4.2. A damages & costs deposit is pre authorised on the customers credit card and held if damage to the vessel occurs, £1500 for all powerboats booked for bareboat charter. All costs for damage, refuelling and cleaning are automatically claimed via the pre-authorised deposit held unless specifically requested otherwise by the Customer in advance. The deposit pre-authorisation expires from 7 – 14 days after your charter depending on the bank card used.
4.2.3 Boat Club Members will be charged for all fuel and/or damages incurred post activity. Fuel is charged at the standard pump price.
4.3. The customer will pay the recovery and refuelling costs for the vessel if for any reason the companies staff or agents are required to recover the vessel from any port other than named on the top of this agreement.
COMPANY OBLIGATIONS The Company undertakes as follows:-
5.1.To deliver and berth afloat the Vessel at the Home Port by the agreed date in good and seaworthy condition fully fuelled and with all the necessary gear and equipment.
5.2.To ensure that the Vessel, her gear and equipment are in good order and condition and in all respects fit, serviceable, and ready for the activity.
5.3.To ensure that the Vessel complies with, and to provide all necessary documentation in accordance with, the regulations in force for the time being under the laws of the flag state to which the Vessel belongs, including any customs or other fiscal requirements.
5.4.To keep the Vessel and her equipment insured for her full market value against fire and all the usual marine and collision risks with third party cover of at least £2,000,000 (two million pounds Sterling) and to ensure that the insurance policy applicable to the Vessel extends to the Activity by the Customer.
5.5. To pay all port expenses and harbour dues incurred at the Collection Port
5.6.To provide a comprehensive handover of the Vessels machinery, systems and safety equipment and general condition to the Customer. Subsequent Activity may not require a full handover but this is at the sole discretion of the Company. A skipper leaving the marina on the charter vessel is acceptance of its condition.
5.7. In the event that the Vessel is rendered unavailable for the ActIvity before the Collection Date as a result of any defect in her hull, machinery, equipment or gear or through any other cause or reason outside the influence or control of the Company, including but not limited to Act of God, explosion, flood, ice, tempest, fire, accident, extreme weather, drought, war, threat of war, sabotage, insurrection, civil disturbance, requisition, lock-out strike, legislation, restrictions, regulations, prohibitions or measures of any kind on the part of any government or local authority, the Company may postpone or cancel the Bareboat Charter.
5.8.In the event of cancellation of the Activity by the Company before the Collection Date, the Customer will be reimbursed 100% of the Fee or transfer the Fee to another date for the Activity that is mutually acceptable to both parties.
CUSTOMER OBLIGATIONS The Customer undertakes as follows:-
6.1.To forfeit the Fee if the Customer cancels the ACTIVITY, within 28 days of the scheduled Collection Date.
6.2.To ensure that nominated Skipper and the crew join the Vessel on the Collection Date and present their Qualifications as required by the Company. Qualifications required by members before taking a vessel are a;
6.2.1 RYA Powerboat Level 2 certificate. Generally an induction session will be required before a vessel is taken by a Customer. Inductions are usually three hours of first charter, and include basic maneuvers, safety, and passage planning. The requirement for an induction may be waivered at the discretion of the company if this has been completed at The Edinburgh Marine Academy within the last three years.
6.2.2 RYA/MCA SRC VHF operators certificate. This is to be in valid and needs to include the DSC endorsement.
6.2.3. If the Customer can not comply with the previous clause at the start of the Activity, the, Activity will be cancelled immediately and the Customer will forfeit the Activity fee. If a replacement skipper with suitable Qualifications is made available the Company may, in it’s absolute discretion, allow the Activity to continue.
6.4. Before taking any vessel out of the Home Port the Customer must:
6.4.1. Sign the handover document accepting the Vessel and her condition.
6.4.2 Complete a Passage Plan and submit to the company for approval (this can be done electronically or using the paper forms provided to Customers). Passage plans should include approximate routes, departure and return times, safe havens, names of all passengers, effect of weather and tides for the day etc. For support with completing passage plans the Customer should speak to the Company.
6.5.To ensure that the Vessel is safely manned at all times throughout the Activity. Minimum manning will include the nominated Skipper at all times and at least one other person competent to crew the vessel.
6.6.To ensure that at all times during the activity the Vessel is navigated and sailed in a safe and seamanlike manner and to ensure that the Vessel shall arrive at a Marina berth or safe haven (to be outlined in passage plan) each day before dusk in the same condition that she departed the Home Port, fair wear and tear accepted. The Vessels berth at the Home Port, or an alternative berth at that port, will always be available for use during the activity.
6.7.To pay all port expenses and harbour dues incurred at any port other than the Home Port and all other vessel running expenses whatsoever, incurred in relation to the Activity.
6.8.To ensure that under no circumstances is the Vessel operated during the hours of darkness, unless a Skipper provided by the Company is on board or has express permission to do so.
6.9.To assume full responsibility for ensuring all reasonable precautions for the Vessels machinery is maintained, including daily engine checks, and to document this using the forms provided.
6.10.To assume full responsibility for the safety of the Vessel, crew and passengers, including, in the case of the Vessel, periods when the Vessel is left unattended.
6.11.Not to allow the Skipper, crew and/or passengers to engage in any conduct that shall render void any insurance policy in relation to the Vessel. This includes but is not limited to engaging in any activity for commercial gain and operating the vessel under the influence of alcohol or recreational drugs, or to allow unqualified persons to helm the vessel.
6.12.To ensure that the Vessel remains afloat at all times and not to interfere with or change the standard configuration of the equipment on the Vessel.
6.13.To ensure that the Vessel is berthed securely at the Home Port. The Company will charge the Customer the current pump price to refuel the Vessel.
6.14. To indemnify the Company against any liability caused as a result of the Skipper, Crew or passengers being in possession of any illegal substances during the activity.
6.15. Any damages or losses will be charged to the Customer post activity.
6.16. To indemnify the Company against any liability caused as a result of any failure of the Skipper, Crew and/or passengers to comply with any and all regulations of Customs, Immigration, Harbour and other Authorities during the Activity This includes contravention of the International Regulations for Prevention of Collision at Sea.
6.17.To ensure that at no time the Vessel is used for racing or any water sports involving towing. This includes but is not limited to water skiing, wakeboarding, inflatables, donuts and racing. This prohibition is an insurance requirement.
6.18.To ensure that in the event of any accidents, regardless of howsoever caused, that the Company is informed immediately so that the Company can make an appraisal of the vessels condition.
6.19.To agree to completing any claim forms and assist with the gathering of information required by our insurers, at best speed, to resolve any claims arising during the Activity regardless of who is deemed to be at fault.
6.20.The Customer is liable for the cost of any damage up to the value of the deposit held (if applicable) and/or in the event of a claim against the Company insurance for the Vessel. This is in addition to all professional fees for assessing potential damage due to collision or grounding including boatyard fees.
6.21.The interior of the Vessel will be returned in the same condition as at initial handover. Exterior cleaning is not normally the customer’s duty as the Company expects to perform a normal exterior clean after each charter. If any interior cleaning or additional exterior cleaning is required due to excessive mess it will be charged at £50 per hour.
AREA OF OPERATIONS & WEATHER
7.1.This is defined in the Membership and Vessel paperwork, and enforced by the MCA codes applicable to the vessel
7.2.Sailing by fair weather only. As an approximate guide this is up to wind force 5 on the Beaufort scale, possibly gusting force 6. If in doubt consult the Company.
TERMINATION
8.1.The Company may, in its absolute discretion, elect to terminate the Activity before the agreed Return Date if they consider this to be in the interest of the safety of the Customer or Vessel. This includes deliberately breaking operational areas and exceeding limits on a skippers license, such as sailing in the dark. This would result in immediate termination of the Activity and loss of deposit.
8.2.If any illegal substances are found on board the Vessel by the Company staff or agents the Company reserves the right to terminate the Activity immediately. The Customer will forfeit the full Fee.
8.3.If the Activity is terminated under clause 8.2, or any other reason deemed to be the fault of the Customer, they may choose to accept the boat at any safe port and the Customer will be required to vacate the Vessel and travel from this location at their own cost.
8.4.A company skipper may cancel a charter event at any time if they consider a passenger/guest is under the influence of drugs or alcohol and may endanger the safety of other passengers/guests or the vessel.
LIEN
9.1.The Company shall have a lien over the Deposit for all the monies payable under this Agreement and any other claims against the Customer arising from or in connection with this Agreement.
10.LIMITATION
10.1.Any claim arising from or in connection with this Agreement to be brought by one party against the other shall be brought within six months of the termination of the Activity, failing which such claims shall be time-barred.
11.SEVERANCE
11.1.The invalidity in whole or in part of any clause in this Agreement shall not affect the validity of the remainder of such clause or this Agreement.
12.LAW AND JURISDICTION
13.This agreement shall be governed by and construed in all respects in accordance with the Laws of Scotland and shall be subject to the exclusive jurisdiction of the Scottish Courts.
BOOKING UNDERTAKING
Please read the following statement carefully. The Centres acceptance of any booking will only be completed subject to your acceptance of these conditions.
You, the Customer, have had the terms and conditions of booking brought to your attention, including the terms of cancellation and you understand and agree that:
Any deposit is not refundable once a place has been confirmed, unless the course is cancelled by the Centre;
Refunds due to cancellation are in accordance with the terms and conditions of booking;
You shall forfeit all fees if two (2) weeks or less notice of cancellation is given;
Are sufficiently proficient in water to undertake the course(s) in connection with your booking;
Are physically fit enough to take part in any activity during the course(s) in connection with your booking;
Have not had any COVID 19 symptoms within the last 14 days or been asked to self isolate as a result of track and trace or other similar system;
Are willing to comply with all safety regulations as required by the Centre;
Are aware that we have advised you to be in possession of adequate cancellation insurance against certain unavoidable cancellation.
Have read and accept our full terms and conditions which are available on our website edinburghmarineacademy.co.uk, or by contacting our bookings department on 07485 184 571; and
10.Accept that the Centre is not liable whatsoever in respect of loss or damage to personal property not caused by the negligence of the Centre or its staff.
