Booking Terms

Signing the booking form signifies acceptance of the company’s terms and conditions

1) The company will decide how and when any course is run and whether or not the course will go out onto the water. The company’s decision is final.

2) Clients provided with equipment such as waterproofs etc are responsible for their safe return at the end of each day. Damage to any item beyond normal wear and tear may render the client liable to either pay for the item in full or to pay an amount to the company as compensation (as determined by the company).

3) Course enrolment does not mean that you automatically get a certificate. Students will be trained and debriefed to ensure everyone achieves their potential on the course, but this may not mean that they receive an RYA certificate.

4) We welcome feedback, positive or not, as it is an opportunity to improve. Initially, please voice any concerns at the time to the instructor or Principal so that they can be quickly addressed.  For a copy of our feedback and complaint process please contact info@mendezmarine.co.uk

5) Individuals intending to obtain the International Certificate of Competence (ICC) are advised to check their eligibility by looking at the ICC form on our website or the RYA’s at www.rya.org.uk.

Payments:

6) All courses: full payment is required at the time of booking.

7) A 50% deposit can be negotiated for courses scheduled more than 3 months in advance of start date. Outstanding balances must be paid at least 28 days before the commencement of the course; Otherwise we reserve the right to resell the place. No refunds unless the company is given 28 days notice or the company cancels the course.  (see point 10)

8) Your place on a course is secured when we receive a completed booking form and full payment for the course. Please pay by BACS, Credit / Debit card.

Cancellations:

9) No refunds unless the company is given 28 days notice or the company cancels the course / charter / delivery. You may make only one change of date as long as it occurs outside the 28 day notice period.  There is no refund available for vouchers purchased and not used within or without of the expiry date of the voucher.

9.1) In exceptional circumstances Mendez Marine may agree to refund a course which has been cancelled within 28 days of the start date.  In these circumstances an administration fee of 25% of the value of the course will be deducted from the refund.  Agreement to refund is at the discretion of the Directors of Mendez Marine.

9.2) Mendez Marine may, due to unexpected illness or accident, agree to move a course to a future date.  In these circumstances an administration fee of 20% of the course fee may be charged. Agreement to move a course is made at the discretion of the Directors of Mendez Marine.

10) In the event of cancellation by the client prior to the final balance being due, (28 days before the course start date) only the deposit is forfeited. The only exception is when a purchase is made via the internet when the consumer has 14 days after the day on which the goods come into the physical possession of the consumer or the person that they asks you to deliver the goods.

11) If cancellation is after the date of final payment, the client is liable to pay the outstanding balance, should we be unable to re-sell the space. At the company’s discretion we may transfer the reservation to an acceptable alternative date.

12) We reserve the right to cancel a course should the numbers fail to reach a viable minimum number. A transfer to another course or a full refund of course fees will be made.

13) In the event of the company cancelling a delivery, charter or course, we shall be liable only for a refund of fees paid. No responsibility whatsoever will be accepted for client travel, accommodation, air fares or other costs.

14) 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, vessel breakdown, weather, strikes, pandemic, war or civil unrest.

Insurance:

15) The school is insured, however the client is strongly recommended to take out their own insurance against cancellation, damage or loss of personal effects, death or personal injury.

16) The client acknowledges that there are inherent dangers involved in all sports, especially Powerboating / Motorcruising, and understands and agrees to sign the booking form, holding the company, its servants, agents and employees free of any liability in the event of an accident, death, injury or damage to person or property.

Online courses - RYA Interactive:

17) Under Mendez Marine and consumer protection (Distance Selling) regulations you have a statuary cooling off period of 7 business days from the day you receive your course. During this period you can cancel your purchase up to 7 days from the day of purchase. At any time during this period you can notify us that you wish to cancel your contract and we will give a full refund including any delivery charges. The course materials must be returned in an ‘as new’ condition and the postage paid. If the course materials are being returned because they are faulty then the training centre will refund any postage costs. Access to the online course material is terminated immediately. You will not be able to claim a full refund if the course material has been damaged or if you have no proof of purchase. The training centre reserves the right to deduct for the net cost of any missing or damaged course materials and postage.

18) Course delivery. Once payment has been made and confirmed students will be sent the student pack or book as required and be supplied with the log in information to access the online course. The student pack will be sent on the next working day and delivery to the UK is included in the course price. Additional fees may be applied to addresses outside of these areas. Mendez Marine will not be held responsible for any duty or expenses incurred in the country of delivery.

19) Internet access. Students must have access to the internet and email to complete the course.  The course is not transferable and access is for the applicant only.

Sailing Course Online courses:

20) Terms and Conditions.

To enable access to your online course we need to share some of your personal data with Sailing Course Online via www.sailingcourseonline.co.uk. This training website and database is held and maintained on a secure server. Sailing Course Online is an RYA training centre which specialises in online navigation training and will not use your personal information for any reason other than enabling your course.

Your payment information will be collected by Mendez Marine on behalf of Sailing Course Online. This information is collected by Mendez Marine and is not passed on to any other organisation. Payment information for the purpose of logging you into the Sailing Course Online admin will not be retained once the payment is made.

Your name and email address will be entered on www.sailingcourseonline.co.uk in order to create your user account. Your postal address will be provided in order to send your student pack. You will have access to the site for eight months in order to complete your online course. During this period, your personal information will be held on the website by Sailing Course Online and may be available to Mendez Marine who may have access to the Sailing Course Online database. This period maybe extended should you wish to extend your course access.

On completion of your course, your name and email will be retained by Sailing Course Online for the purpose of recording details of the course and any certification you gain as a result of it. This information allows Sailing Course Online to record your certification. Your Instructor will not hold any information for the purposes of Sailing Course Online student support after this date. Please note that this agent may hold information to enable provision of other training not associated with the Sailing Course Online course.

Should you not complete the course in the given time frame, your name and email will be retained by Sailing Course Online for the purpose of recording details of the course. This information allows Sailing Course Online to retain a record of coursework you have completed.

If you would like your personal data removed from www.sailingcourseonline.co.uk prior to the end of your access period or at any time before you have completed your course, you can request it by email. Please contact instructor@sailingcourseonline.co.uk giving your name and email address and the course you would like to delete. Please note that if you request deletion of your account before you have completed your course, your access to the course and records of your progress will be lost.

If you would like details of your online course removing from the Sailing Course Online database when you have completed the course, please email your request to instructor@sailingcourseonline.co.uk giving your name and email address. Please note that removal of course details from the Sailing Course Online database, means that any certification gained as a result of this course will not be verifiable by Sailing Course Online, nor would Sailing Course Online be able to help with a replacement certificate.

Full details of how Sailing Course Online will deal with your personal information is given in the Sailing Course Online terms and conditions. here.

Own boat tuition or delivery:

21) Tuition / Delivery is provided on the following basis:

• The vessel is insured by the owner for loss, damage and legal liability to third parties. If the vessel is on delivery they authorize the company to skipper the craft and undertake to secure the consent of the insurers to this agreement
• For own boat tuition or delivery It would be normal to either ask your insurer to joint insure Mendez Marine on your vessels policy for the period we are aboard and / or ask your insurance company to apply a waiver of subrogation.
• Own boat tuition will only be undertaken on a vessel owned by one of the people attending the course and the owner remains the skipper and legally responsible for the safe management of the vessel at all times (Including when under tuition) and does not hold the Instructor or Mendez Marine responsible for any loss or damage.
• The vessel must be in seaworthy condition for the course / delivery. In the event that the course / delivery cannot be completed in the time booked, we will charge for any additional time required.
• The price and number of days quoted assume fair weather and no mechanical failure. Should a course or delivery be delayed for either of these reasons the usual daily rate will be payable and any additional days will be charged at that daily rate.

Personal Data:

22) By making an enquiry with us, or buying any goods or service from us, you agree to us holding your information on electronic and/or paper file and to us contacting you with future offers, news and product information. You may at any time inform us by email or in writing that you no longer want to hear from us. Mendez Marine will never share your details with anyone else, except the RYA for all centrally held records (unless required to do so by law).

Please click here for our full General Data Protection Regulation policy.

Equality Policy:

Objectives

• To make boating an activity that is genuinely open to anyone who wishes to take part.
• To make reasonable adjustments wherever practical to ensure that courses and activities are accessible to all students
• To provide the framework for everyone to enjoy the sport, in whatever capacity and to whatever level the individual desires.
• To ensure that Mendez Marine services, including training schemes, are accessible to all, including those who have been under-represented in the past.

Policy Statement

Mendez Marine is committed to the principle of equality of opportunity and aims to ensure that all present and potential participants, members, instructors, coaches, competitors, officials, volunteers and employees are treated fairly and on an equal basis, irrespective of sex, age, disability, race, religion or belief, sexual orientation, pregnancy and maternity, marriage and civil partnership, gender reassignment or social status.

Implementation

• Mendez Marine has adopted this policy, so that the company is welcoming and open to everyone.
• Appointments to voluntary or paid positions with Mendez Marine will be made based on an individual’s knowledge, skills and experience and the competences required for the role.
• Mendez Marine will relax regulations in relation to RYA training schemes which may inhibit the performance of candidates with special needs, provided that the standard, quality and integrity of schemes and assessments are not compromised.
• Mendez Marine reserves the right to discipline any of its members or employees who practise any form of discrimination in breach of this policy in accordance to the RYA Instructors Code of Conduct.
• The effectiveness of this policy will be monitored and evaluated on an ongoing basis.

Approved by the Directors of Mendez Marine 18 December 2017

Reviewed and updated 05 March 2018.   November 2019  May 2022. May 2023