Terms and Conditions of Sailing with Downwind Sailing

Provisional Booking. Whether by email, phone or in person, a provisional booking will only be held for a week. It will not be deemed binding on Downwind Sailing (DWS) until confirmed. If confirmation is not received within three days, DWS reserves the right to sell the vacancy to another student and no liability will be attached to DWS.

Firm Bookings. A booking will be deemed firm once a booking form is received, completed in full, and signed, with one copy per student and the minimum deposit/balance attached.

Confirmation. DWS will confirm booking in writing, within a week of receiving the booking form and payment; this confirmation will be by email, or if a student is not on the internet, by post.

A Deposit of 25% is required if the booking is over 42 days from the date of the course/charter.
If a booking is made within a month of the start date of the course, the full fee is required with the booking.
If within a month of the start date of the course the student has failed to pay the balance of the fees due, a reminder will be sent out by email or post. If 21 days before the course, the balance has not been received, DWS reserves the right to sell the student’s place on the course.
If DWS is successful in selling the berth, the student will be liable only for the deposit, DWS having mitigated its costs.
If DWS fails to fill the place, the student will be liable for the full fee. If the student fails to remit the full balance due, it is agreed that 3% per calendar month can be added to the outstanding amount at compound interest rates, from the 42nd day prior to the course, until paid.

Student Cancellation. If a student finds that it is necessary to cancel the course within 42 days of the course start date, or during the course, for whatever reason, then the full fee will be forfeited. You may wish to take out your own cancellation insurance.

Risk. No liability is accepted for student’s personal possessions left in a vehicle, on a pontoon or in DWS yachts or accommodation. No liability is accepted for students whilst in or on any DWS property, yachts, pontoon or whilst boarding yachts. All students take part in any course at their own risk.

Delay/Failure to arrive. If a student is likely to be delayed beyond the start time of a course, DWS should be told as soon as possible. Any student who fails to arrive, for any reason whatsoever, including illness and has not notified DWS, will automatically forfeit the total monies paid and no liability shall attach to DWS whatsoever.

Under 18’s. Students are accepted from the age of 16, but all booking forms for those under 18 should be signed by a parent or guardian, stating that they are signing on behalf of the minor.

Overseas. Please bring your passport on any course or charter likely to leave UK. Whilst abroad, a student must seek the skipper’s permission to bring anything on board whilst in a foreign port. A student shall indemnify DWS, its employees and staff, against any actions which may result in a breach of this rule.

Sea Sickness. Stugeron is carried on board, please check with your GP that you can use this type of pill. All students with special medical problems should also check with their GP that it is all right for them to sail. Students should inform DWS of any medical condition when booking, and the skipper when joining the course. Students should bring any personal medication on the course.

Illegal Substances. No student will bring on board a DWS vessel any restricted or illegal goods, such as drugs, fire arms or explosives.

Instructor’s Decisions. The instructor’s decision is final at all times on DWS property or yachts. All students will accept all orders and decisions given to them by the instructor at all times whilst on board DWS yachts or ashore, until the course is finished. The instructor’s authority is total, day and night in accordance with Marine Law. If for any reason a student does not accept an order from the instructor or his designated substitute, whether the student considers it to be reasonable or not, the student shall be considered to be in breach of his Articles of Sailing. The instructor shall take any action or decision he considers fit for the well being of the crew and vessel. If the student is placed ashore at the nearest port, no liability whatsoever shall attach itself to DWS, and neither shall the student have any redress for any expenses or unused portion of the fee, nor any redress against the instructor as a result of any action or decision by the instructor.

Complaints. If a student has any complaint, it should be raised with the Principal, Edward Brandt, at the earliest time, so that any problem can be resolved as quickly as possible.

Sea Time. Every attempt will be made to give students maximum sea time. If, however, in the opinion of the skipper, the weather, safety or any other consideration makes it imprudent for sailing to continue, the skipper’s decision is final.

DWS Cancellation. If, for any reason, DWS is unable to fulfill a booking or a vessel becomes unseaworthy for any reason whatsoever, DWS will inform the student immediately. No liability will be attached to DWS beyond refunding the full fee paid by the student or unused portion if a course/charter has been started.

Insurance. DWS is insured for instruction and charter. Current regulations preclude us from offering charterers or students insurance. The needs of those who sail on board will vary, and DWS strongly advises students to obtain their own insurance for sickness, illness, loss of course/charter fees, loss of personal effects, breakages or damages to the boat, cancellation or curtailment, travel disruption or delay, accident on board or any other reason students consider sensible for their personal life style or wellbeing. DWS require that all participants provide proof that they hold adequate insurance and DWS reserves the right to refuse to take on board anyone who fails to provide such proof.

Insurance, Own Boat Tuition and deliveries. When instruction is given on an owner’s own boat or deliveries are being made, it is a requirement that the owner of the yacht provides written confirmation that Sticky Stapylton is a named insured on that owner's insurance policy.

Disclaimer. No liability is accepted for any student’s vehicles parked. In the event of a dispute not being settled by mutual agreement, it is agreed that the President of the British Law Society shall elect an arbitrator whose decision will be final. It is further agreed that all agreements between customers, clients and students and staff of DWS shall be governed by British Law, even if the dispute occurs outside British Territorial Waters.

Breakages and Damages. should be notified immediately to the skipper. Students shall be liable for any loss or damage to DWS equipment, up to an including the first £500 per item.

RYA Certificates. Certificates will only be issued at the end of a course if, in the opinion of the skipper, the student has reached the required standard. This decision will be final and accepted by all students.

Duties on board. All students will be expected to participate in cooking, cleaning the yacht and routine maintenance as required by the skipper. At the end of the course all students will be expected to clean the yacht thoroughly prior to hand over.