Terms and Conditions

This is the ‘small print’ written in plain language. Please ask if you have any questions.

Any booking made with Go West Sailing will be bound by the terms as set out in this agreement.

Payment

  1. We require a 30% deposit when the booking is made and the balance is due 28 days prior to the commencement date of the course.
  2. We reserve the right to resell the place if the balance is not paid within 28 days prior to the commencement date of the course.
  3. If the booking is made within 28 days of the commencement of the course then the full balance is due at the point of booking.

Cancellation/delay or non arrival by customer

  1. The customer has 14 days to cancel a course and your deposit will be repaid in full (less any bank account/transaction charges) repayment will be made back to the account that payment was made from.
  2. If the customer cannot attend the course, the customer should contact Go West Sailing immediately in writing to advise.
  3. If the cancellation is prior to 28 days of the commencement date Go West Sailing will make all reasonable efforts to resell the place at the same cost as originally advertised. If the place is resold and once the new customer has paid in full Go West Sailing will refund the deposit paid and reserve the right to deduct a £75 administration fee.
  4. If the cancellation is within 28 days prior to the commencement of the course, Go West Sailing will make all reasonable efforts to resell the place at the same price that it was originally advertised. If successful there will be no further charge to the customer for the balance and the deposit will not be refunded.
  5. If the customer is not at the designated meeting place for the start of the course Go West Sailing will phone and email the customer to establish the reasons. Go West Sailing will make reasonable attempts to allow for the customer to arrive. There can be no delay to the start of the course to accommodate late arrival of any student.

Cancellation by Go West Sailing – Force Majeure

  1. Due to the nature of our business Go West Sailing reserves the right to cancel a course.
  2. If Go West Sailing requires to cancel a course we will notify the customer in writing immediately of the cancellation.
  3. Go West Sailing will refund payment of the course within 14 days of the cancellation notification and will not be responsible for any other associated costs or loss to the customer.
  4. Repayment will be made in full to the account from which the money was paid, providing we have these details.
  5. We will offer alternative dates if the situation allows. If this is accepted by the customer then no refund will be given to the customer.
  6. The reasons for course cancelation is not exhaustive but may include, weather, fault or repair of the vessel or it not being viable to run the course.

Insurance

  1. We strongly advise you to have appropriate insurance to cover any loss to our customers.

Liability

  1. Go West Sailing, its employees, servants, agents or any other representative there after take no responsibility for any loss, damage or injury suffered by any persons or their property whilst on a course, unless the loss was because of negligence caused by Go West Sailing.
  2. Any items of lost property will be stored for one month after the end of a course. If the item is not claimed then it will be disposed of appropriately; no claim for the recovery of the item can be made thereafter.

Course duration

  1. Our RYA courses will run for 2 or 5 nights.
  2. Our RYA training courses will start either on a Friday at 6.30pm (for the weekend) or on Sunday at 6.30 pm.
  3. Our RYA training course will finish at 3pm on Sunday or Friday depending on the length of the course.
  4. Adventure sails will run for a duration of 5, 6, 7 or 9 days and will depend on the destination and the booking details.
  5. The information is a guide only details of the booking will be on the booking confirmation and joining instructions.

Late return of the vessel

  1. If for any reason the vessel will return to the home harbour late, customers will be advised as early as possible by the skipper to allow for alterations to any onward plans.
  2. Go West Sailing are not be responsible for any loss to the customer due to the late return of the vessel.

Accommodation

  1. For practical courses accommodation will be on board our yacht.
  2. Each boat in the fleet has its own internal specification and layout, it may require you to share a cabin and or heads with another unrelated person.
  3. The skipper will allocate cabins to the same sex if they are not related.
  4. If you have any specific requests please contact Go West Sailing prior to booking the course.
  5. Go West Sailing will provide the mattress but no linen, pillows or covers. Go West Sailing recommend the customer brings a suitable sleeping bag and pillow if desired.
  6. It will be at the skippers’ discretion where to visit and stay during the course. It is likely that there will be a mixture of overnight harbours, mooring buoys and possibly some time spent on the anchor.
  7. Theory courses do not include accommodation.

Food

  1. Food will be provided by Go West Sailing for the duration of the practical course.
  2. Theory courses do not include food but will include tea and coffee.
  3. The customer will advise Go West Sailing in writing prior to the course about any food allergy or intolerance.
  4. The skipper will speak to the crew on arrival about any preferences or requests and will make reasonable attempts to accommodate these.
  5. Food will consist of breakfast (cereals, bread, jams etc), lunch (soup, sandwiches, fruit), and dinner (pasta, chicken, fajitas, spaghetti bolognese). This is a guide only.
  6. It is likely that 2 meals will be ashore, this is not provided by Go West Sailing. If the crew wish to eat ashore more this can be discussed with the skipper on commencement of the course; eating ashore is optional.
  7. Tea, coffee and drinking water will be provided.

Suitable clothing

  1. The cost of the course does not include wet weather clothes.
  2. Go West Sailing recommend that suitable clothing is worn, details of which can be found in our FAQ section. We highly recommend the use of sailing gloves to help prevent any injuries to hands and request that white soled shoes are worn on deck.

Duties on board

  1. All customers will be expected to participate in cooking, cleaning and tidying of the vessel.
  2. The customers will be expected to clean the vessel from stem to stern at the end of the course. The alternative is to pay £10 per customer for Go West Sailing to provide the service.

Breakages

  1. We understand that accidents happen. However if items are broken due to misuse by the customer we reserve the right to charge the customer for the replacement cost of like for like item. Costs must be shared by all crew unless alternative arrangement is made.

Skipper/Chief Instructors/Principals decisions

  1. All decisions made by the above representatives will take account of the RYA, YMA guidelines.
  2. The Principal and Chief Instructor are responsible as per the RYA guidance.
  3. In line with marine practice from the moment the skipper steps on board the vessel their decision is final.
  4. The crew will at all times follow the instruction of the skipper. This is until the course is complete and the skipper is off the vessel.
  5. If for any reason the customer does not follow instruction from the skipper or the designated substitute then the customer will be in breach of the Articles of Sailing. The skipper will take any action he considers appropriate for the wellbeing of the individual, crew and/or the safety of the vessel. If the skipper decides to place the customer at the nearest port no liability what so ever will be placed on Go West Sailing or the skipper and the customer will have no redress for any expense or refund of the course fee.

Time at sea

  1. The skipper will cover the course content as laid out by the RYA.
  2. The skipper will use the time as effectively as possible to maximise the time spent at sea.
  3. If any customer feels that they are not receiving enough time from the skipper they must notify the skipper immediately. If the issue is not resolved the Principal/Chief Instructor must be informed.
  4. If the weather for part of the course does not allow the yacht to go out the skipper will make an appropriate plan for that day which is likely to include theory.

Vessel change

  1. Go West Sailing reserve the right to change the vessel if required. If appropriate the Go West Sailing will notify the customer. The change to the vessel alters no other terms as set out in this agreement.

Age

  1. All clients should be over the age of 18 unless accompanied by a parent, guardian or chaperone. Where there is a person of under 18 the parent, guardian or chaperone agrees to the terms and conditions on their behalf.
  2. There is no upper age limit.

Health

  1. As sailing is an active sport, it requires a certain level of health and fitness to participate. It is the customers’ responsibility to ensure that they are able to take part. If you are unsure please consult your doctor prior to booking. If a health issue arises during the course the Skipper will take appropriate action. It maybe that the course cannot continue for the individual and Go West Sailing cannot be held responsible for any associated costs of refunds of unspent course time.

Concerns

  1. If the customer has any concerns regarding and part of the service provided by Go West Sailing then the school needs to be made aware immediately. Further information can be found in our complaints procedure.

BAREBOAT CHARTER TERMS & CONDITIONS

1. 

Charter Deposits & Payments

1a

 

The Charterer shall pay to Go West Sailing.Ltd. the Deposit upon returning the Charter Agreement within the required time stated on the Agreement at which time these Terms & Conditions shall become binding.  Payment of the deposit means you have accepted our quotation and you accept on behalf of your party these Charter Terms & Conditions. 

1b

We will send you a confirmation invoice with the costs and details of your charter.   It is your responsibility to check the details on the confirmation invoice and to inform us of any discrepancies immediately.

1c

The balance of your charter must be paid at least 4 weeks before your charter start date.  If the balance is not paid on time we may cancel your charter and apply the cancellation charges set out in the paragraph headed “Cancellation or Amendment” below. The charter deposit is non-refundable unless we are unable to confirm your original booking request.

2.

Booking Procedure & Requirements

2a

 

At the time of booking we require from the Charterer:-

· £345.00 Deposit (full payment if booking made within 4 weeks of charter start date) · Completed Charter Agreement

· Completed Sailing Experience Form - Skipper & 1st Mate PLUS copies for any sailing certificates held

2b

 

On receipt of the completed Charter Agreement, Sailing Experience Form and deposit we will send you confirmation of your charter in writing.  No agreement shall exist between Go West Sailing and the Charterer until acceptance of this charter booking by Go West Sailing.

2c

 

8 weeks prior to departure, we will send you:

· Final balance invoice

· Crew List Form (copies of passport OR driving licence of skipper & 1st Mate required)

· Security Deposit Form

3.

Security Deposit

3a 

The Charterer shall pay the Refundable Security Deposit by cash, cheque or bank transfer no less than 7 days before the start of the Charter Period to Go West Sailing.  This deposit must be available as cleared funds by the charter start date, as security against the Yacht not being returned in good condition and towards any loss or damage to the Yacht occurring during the Charter Period which is the responsibility of the Charterer, and against any loss or damage suffered by Go West Sailing due to any breach of these Terms & Conditions by the Charterer but without prejudice to any claim over and above the Security Deposit which Go West Sailing may have.

3b 

The Security Deposit or any balance remaining shall be returned to the Charterer within 10 days of the return of the Yacht to Go West Sailing or in any case of dispute, upon the determination of the dispute. 

4.

Yacht Acceptance and Condition

4a

 

Before the start of the charter period, the Charterer shall inspect the yacht with a representative of the Go West Sailing and upon his acceptance of the yacht it shall be deemed to be in good order and fully in compliance with its description.

4b

An inventory list will be provided and signed off by both the Charterer & Go West Sailing at the start of you charter to ensure that the list agrees with the contents of the boat.  This inventory list will also be checked and signed off by both parties at the end of the charter period and will be used during the checking procedure for the refund of the Security Deposit.

4c 

 

If the Charterer fails to accept delivery of the yacht at the start of the charter period for any reason other than deficiency of the yacht or her equipment the Charterer shall notify Go West Sailing of his intention to accept delivery later during the charter period. Should Go West Sailing not be informed they shall be at liberty to treat the agreement as terminated without notice to the Charterer. This shall be without prejudice to the right of Go West Sailing to recover any unpaid charter fee and losses so caused.

4d 

 

Upon return of the Yacht, the Charterer shall leave it clean and in the condition in which it was on the charter start date. Go West Sailing reserves the right to charge accordingly and deduct from the Security Deposit for cleaning/repairing the Yacht upon its return if it shall not be in a satisfactory condition. Any defects must be reported to Go West Sailing.

5.

Charter Period

5a

 

In the event of the Yacht being unavailable on the charter start date, Go West Sailing will endeavour to replace the Yacht with one of as similar type and specification as possible, to a value up to the total amount of the charter fee paid for the original yacht. Any discrepancy in the charter fees to be met by the Charterer. If a replacement yacht is not available Go West Sailing will refund the Charter Fee and the Security Deposit. Go West Sailing accepts no liability for any expenses incurred by or inconvenience caused to the Charterer as a result of such cancellation.

5b

 

The Charterer shall return the Yacht to the Home Port on the return date at the stated time free of indebtedness and clear of all personal gear. Time shall be of the essence as far as the Return Date is concerned. For each day or any part of a day that the Yacht remains in the possession of the Charterer the Charterer shall pay twice the Daily Charter Fee. The Charterer shall inform Go West Sailing if during the Charter Period it shall become apparent (or possible) that the Charterer will not be able to return the Yacht on the Return Date but such notification will not affect the Charterer’s liability for failing to return the Yacht on the Return Date.

6.

Cancellation or Amendment

6a 

 

In the event of the Charterer cancelling the booking more than 4 weeks prior to the charter start date, Go West Sailing will be entitled to keep the Deposit and refund any balance to the Charterer.

6b 

 

In the event of the Charterer cancelling the booking within 4 weeks prior to the charter start date the charter fees are not refundable. If Go West Sailing is able to re-charter the Yacht for all or part of the charter period, a proportion of the charter fee may be refunded at the discretion of Go West Sailing.

6c

 

Go West Sailing may cancel the booking at any time upon repayment to the Charterer of all sums already paid.

6d

 

Cancellation must be received in writing.

6e

 

If you wish to make any amendments to your charter we will make every effort to accommodate these but they may be subject to a sum of £20 to cover our administrative costs.  Requests for amendments must be made in writing.

Obligations of the Charterer

7a 

 

The details provided by the charterer on the Charter Agreement are complete and accurate.

7b 

 

Not to take the Yacht outside the Cruising Range specified in the Yacht’s insurance policy document which may in turn be superseded by the Cruising/Racing Area stated on the Contract.

7c 

 

Not to carry any crew other than those persons specified on the Crew List.

7d 

 

To secure all gear on board whilst cruising/racing.

7e 

 

Not to leave the Yacht unattended at any time when the Yacht is at anchor.

7f 

 

In the event of any damage occurring to the Yacht or to any third vessel or party as a result of any collision with the Yacht, not to admit liability to any person.

7g 

In the event of there being any failure of any mechanical gear on the Yacht, to report the same as soon as practicably possible to Go West Sailing, not to commence repair work without the consent of Go West Sailing and to use the best endeavours to minimise any damage which might have occurred without endangering the Yacht or any of the crew.

7h

 

To pay all running expenses and all harbour dues, berthing fees, pilotage fees and the costs of all provisions and fuel and not to do or omit to do any action or thing whereby the Yacht may become liable to arrest or detainment anywhere.

7i 

 

Without prejudice to the Charterer, not to sail the Yacht in dangerously bad weather even if this may lead to failure to return the Yacht on the Return Date.

7j 

 

To pay to Go West Sailing any insurance excess out of the Security Deposit and not to do or omit to do any act or thing which may render void the insurance policy.

7k 

 

Not to bring aboard any restricted or illegal goods such as drugs, firearms or explosives.

7l 

 

To sail the Yacht at all times using skill, judgement and common sense bearing in mind at all times the necessity to return the Yacht on the Return Date.

7m 

 

The Charterer will not sub-let or part company with the Yacht without the prior written consent of Go West Sailing.

7n 

 

The Charterer will not use the Yacht for any purpose other than private pleasure cruising unless other uses such as racing are specifically agreed in writing byGo West Sailing. In the event of an emergency the Yacht may be used to assist in the rescue of persons in peril on the high seas.

7o 

 

There shall be no smoking below deck or while handling sails, by any person.

7p 

 

The Charterer will limit the number of his party to not more than the number allowed for in the provision of safety equipment.

7q 

 

The Charterer undertakes to comply with all seagoing rules and regulations currently in force. For skippered charter, to obey the reasonable requests of the appointed skipper.

7r 

 

No animals or pets may be taken aboard.

8

Obligations of Go West Sailing

8a 

 

To deliver the Yacht to the Charterer at the Home Port on the charter start date in good and seaworthy condition complete with all items stated in the Yacht’s Inventory. For the avoidance of doubt Go West Sailing does not warrant that the Yacht is fit for sailing in dangerously bad weather conditions and Go West Sailing relies on the Charterer using skill, judgement and common sense in deciding where to sail and in what weather conditions to sail bearing in mind the Return Date.

8b

 

To insure and keep insured the Yacht against fire and all usual marine and collision risks and including third party risks to such an extent as Go West Sailing in its absolute discretion shall deem appropriate.  In the event of any claim the excess on such insurance policy shall be payable by the Charterer and shall not exceed the Security Deposit. Such insurance policy does not cover injury to or loss of life of any person on board against which the Charterer should insure prior to the charter start date. Any other uninsured damage or losses on board the Yacht shall be paid by the Charterer, if necessary out of the Security Deposit. 

8c

 

If during the charter period the Yacht shall be damaged or there is a breakdown of the gear or machinery not caused wholly or in part by the neglect of the Charterer and the Yacht is unfit for use (at Go West Sailing s discretion) a pro-rata return of the charter fee may be made for the lost time.

Engine breakdown in an auxiliary Yacht does not make the Yacht unfit under this agreement.

9.

Termination and Repossession 

 

In the event of it coming to the attention of that the Charterer is in material breach of any of these conditions, Go West Sailing may forthwith terminate this Agreement and take whatever steps are necessary to take possession of the Yacht wherever it may be. Such termination and the taking of possession shall be without prejudice to any rights and remedies which may have accrued to Go West Sailing prior to the date of such breach.

10.

Force Majeure 

 

No liability shall accrue to either party if the other is prevented from fulfilling any of his obligations hereunder by any incidence of Force Majeure, including Act of God, strikes, lock out, Act of Government or Authority or any other occurrence whether similar or dissimilar wholly beyond the control of either party. 

11.

Law & Disputes

 

This Agreement is subject to Scottish law.  In the event of a dispute arising under this Agreement, the parties agree to use reasonable endeavours to resolve such a dispute by negotiation.  If such negotiation fails, any dispute arising under this Agreement shall be submitted to the jurisdiction of the Courts of Scotland.