Sundowners Yacht Club Event Terms and Conditions

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Dustin Carter
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1 Sundowners Yacht Club Event Terms and Conditions Sundowners Yacht Club 2016 Page 1 of 10

2 Contents 1 General: Participation: General: Members' Guests: Communication: Signing Up: General: Signing up for Events: Payments: General History Of Late Payments Event Price: Advertised Price: Currency Fluctuations: Payment prior to Event: Withdrawal: Withdrawal from Events: Notice of Intention to Withdraw: Unpaid Event Fees Cancellation: General: What The Club Will Refund: What The Club Will Not Refund: Outsourced Events: Skippers: General: Discounts: Security Deposits: Certificates: Skipper Responsibilities: The Boats: Costs: Costs included: Costs not included:... 8 Page 2 of 10

3 10.3 Security/damage deposit: Adverse Weather Conditions: Crew Information: Skipper Required Information: Inability To Swim: Health: Organiser Required Information: Next of Kin Details: Personal Details: Flights & Hotels: Passports & Visas: Transfers: Insurance: Complaints Procedure: Liability: Disclaimer: Consequential Loss: Page 3 of 10

4 1 GENERAL: The purpose of these Terms and Conditions is to make clear the responsibilities of both The Club and Participants in Club Events. Club Events are organised by unpaid volunteers, who give their time freely for the benefit of the club and its members. Participants should therefore respond promptly to requests for payments and crew information as it is unfair that volunteers should be put to extra work chasing participants. Any member signing up for a club event is deemed to have accepted the following terms and conditions which should be read carefully. These Terms and conditions should be read in conjunction with the FAQs and the FAQs must be considered as part of these Terms and Conditions. The FAQs provide the details and variations for different type of events and are designed to ensure avoidance of doubt as to how the club operates and the obligations of its members. In certain circumstances there may be special conditions issued for special events e.g. some racing events. Members will be advised accordingly. Most events will be on chartered boats. The cost of each event will be made clear at the time of booking or, in any event, before full payment is required. Prices for future events are subject to revision at any time but events open for booking on the web will be at a fixed price unless explicitly indicated otherwise. 2 PARTICIPATION: 2.1 GENERAL: Participation is limited to members of Sundowners Yacht Club. All members are eligible to participate in any of the Club s activities subject to the organiser s discretion. Participants must be a member both at the time of booking and for the duration of the event. 2.2 MEMBERS' GUESTS: Boat Owner Members may invite non-members to participate in an event provided that the non-member is accommodated on the Boat Owner Member s boat. Boat Owner Members are responsible for any of their Guest's unpaid event fees as well as any incidentals from trips which include, but are not limited to, mooring fees and victualling costs. Members are also responsible for the conduct of any Guests they invite to participate in an Event. 2.3 COMMUNICATION: Participants must ensure their address on the Club website is kept up to date as this will be used for all communication. The Club will not accept responsibility for non-receipt of communications (e.g. requests and/or reminders for payment of final balance) if the participant has failed to update their e- mail address. Page 4 of 10

5 3 SIGNING UP: 3.1 GENERAL: Signing up for an event is normally done via the Sundowners website but may also be done by ing the event organiser if there is a problem using the website. 3.2 SIGNING UP FOR EVENTS: If you sign up for a sailing event, you are not committed until a deposit has been paid. 4 PAYMENTS: 4.1 GENERAL Payment for deposits, stage payments and balances are due on the dates prescribed by the event organiser. Payments must be received by the due dates. If payment has not been received by each due date then the organisers reserve the right to sell on the place. In such circumstances Clause 5 concerning refunds will apply. However the Club will not be liable for compensation for items already booked including, but not limited to, flights, hotels or transfers. Once the deposit has been paid, participants who withdraw before or during an event, irrespective of the cause of this withdrawal, are liable for the stated cost of the event and any associated costs already incurred prior to the date of withdrawal (including, but not limited to, mooring fees and victualling), unless the place can be sold. Whilst the organisers will attempt to fill your place it is not their responsibility to do so. Cruising events may be altered, for example due to weather conditions or skipper illness, but are not usually cancelled. Under exceptional circumstances this might happen but the event organisers will always do their best to make alternative arrangements where possible. 4.2 HISTORY OF LATE PAYMENTS Participants with a history of late payments may be required to pay the full price of the event at the deposit stage. 4.3 EVENT PRICE: ADVERTISED PRICE: The event price will be as stated on the web. This may be a fixed or estimated price. However the event organiser reserves the right to increase the price if the boats on which the event price is based are no longer available and more expensive boats need to be booked or due to other circumstances outside the Club s control CURRENCY FLUCTUATIONS: Where an event has to be paid for by the club in a currency other than Sterling (UK ) the advertised price will be an estimate and it is possible that the exchange rate will have risen or lowered by the time the final payment needs to be paid to the supplier. If the currency exchange rate has changed by more than 2.5%, then the cost of the trip will be adjusted accordingly. If the exchange rate has changed by less than 2.5%, then the cost of the trip to members will remain the same. 4.4 PAYMENT PRIOR TO EVENT: You will not be allowed to attend an event unless all payments have been received prior to the start of the event. Page 5 of 10

6 5 WITHDRAWAL: 5.1 WITHDRAWAL FROM EVENTS: Participants who withdraw from an Event having paid a deposit, irrespective of the cause of this withdrawal, are liable for the stated cost of the event and any associated costs already incurred prior to the date of withdrawal (including, but not limited to, mooring fees and victualling). This is unless the place is filled by another club member. Withdrawal prior to the event; monies paid will be refunded minus a 35 admin/name change fee if the place can be filled. 5.2 NOTICE OF INTENTION TO WITHDRAW: Notice of intention to withdraw is not deemed to have been received unless the participant receives an from the Organiser or a Club Officer to confirm receipt of their intention to withdraw. It is the participant's responsibility to ensure that they are in receipt of such an and can present it if requested. 5.3 UNPAID EVENT FEES If your place cannot be filled and you withdraw from an event without paying the full event fee you will not be allowed to attend future events until the debt is cleared. If you have paid monies for another event, the debt will be deducted from what you've paid for that event. 6 CANCELLATION: 6.1 GENERAL: Cruising events may be altered, for example due to weather conditions or skipper illness, but are not usually cancelled. Under exceptional circumstances this might happen but the event organiser will always do their best to make alternative arrangements where possible. 6.2 WHAT THE CLUB WILL REFUND: If Sundowners cancels an event because there are not enough skippers or participants before a boat is booked anyone who has paid will be refunded as soon as possible. If the charter is cancelled and the club receives a refund from the charter company, we will pass this on to those who should have participated. 6.3 WHAT THE CLUB WILL NOT REFUND: The club will not refund flights or other incidentals. In addition, for racing events, it is not uncommon for racing to be cancelled due to the weather and refunds are not usually available. Page 6 of 10

7 7 OUTSOURCED EVENTS: Some of our courses are provided and run by a 3rd party. Whilst the Sundowners Terms & Conditions apply prior to the event, responsibility for the event itself lies with the 3rd party and their Terms & Conditions will apply. 8 SKIPPERS: 8.1 GENERAL: Wherever possible the club will use a suitably experienced club member to skipper an event. In the event of a skipper being unable to sail, the club will use reasonable endeavours to find only experienced back-up skippers, to ensure that the boat only sails under the responsibility of an experienced skipper. When it is not possible to arrange a club skipper, the club reserves the right to use a professional skipper. Such a skipper will not be responsible for a share of victualling or other incidental expenses (fuel, mooring fees, water etc.) In either case the skipper makes the final decision about where or whether to sail, taking account of weather conditions, crew abilities, etc. The skipper has complete authority over the event and may adjust the scope of the event or the members of the crew (including putting a crew member ashore) as he or she sees fit in relation to the weather, the safety of the yacht and crew and other factors including the behaviour and condition of any crew member. (See the Withdrawals section). By accepting these terms and conditions you waive any right to make any claim against the club member or club-appointed skipper for the event. 8.2 DISCOUNTS: Skippers and organisers of offshore events will normally receive a discount of 25% of the charter portion of the event. All discounts are at the discretion of the organiser and management committee. This discount is given to reflect the additional time, effort and responsibilities that skippers and organisers have to undertake which include but are not restricted to: Boat check out, boat check-in, Security Deposit, Crew Safety Briefing, organising victualling and yacht and crew safety at all times during the charter period. 8.3 SECURITY DEPOSITS: Skippers will be responsible for covering the security deposit of their boat. The skipper may obtain shares of the deposit from crew. Security deposits may differ from boat to boat even if it appears there's no justifiable reason. If the boats are chartered from different companies the deposits will nearly always be different. The skipper accepts that the boat in his charge is an individual boat. Arrangements made for other boats may differ from those made for his boat. In the event of loss or partial loss of security deposit, the Club will reimburse the skipper for any outstanding contributions from crew at the end of the trip. The Club will then recoup this from crew members. In exceptional circumstances and at the discretion of the Management Committee the Club may make a contribution to a loss of deposit. Any expense incurred by the skipper in relation to the security deposit (e.g. credit card transaction costs or currency fluctuations between deposit and refund) will be borne by the Club and charged against the event budget, providing reasonable efforts have been made to alleviate such costs. The Club will not pay for expenses arising from loss of the skipper's credit card or fraud 8.4 CERTIFICATES: Page 7 of 10

8 The skipper is required to take the original of their sailing certificate to the event and any other documentation required by the charter company. 8.5 SKIPPER RESPONSIBILITIES: The skipper is responsible for the yacht from start to finish of the charter. Disembarking prior to the yacht being checked back in with the charter company is not an option unless with the Charter Company and Event Organiser's prior agreement. 9 THE BOATS: All reasonable endeavours will be used to ensure a boat is provided and operational for the event. However refunds cannot be guaranteed in the event of no skipper or no boat being available members should provide for their own travel/holiday insurance if they wish to protect against this. The standard of the boats are provided to local charter conditions and cannot be assumed to comply with UK MCA coding standards. Boat handover/checking: It will be the crew s collective responsibility to check all gear, including the hull, standing rig, running rig, sails, engine and electrics so as to report any problems to the charter company. Any dispute arising before, during or after the charter shall be a matter for resolution for the skipper and crew with the charter company. The Club or the organisers shall not accept any liability whatsoever arising directly or indirectly from the conditions of the chartered boat, and the Club members hereby acknowledge that this exclusion of liability is a fair exclusion for all intent and purposes, as the Club or the organisers have no means to verify or supervise the condition and usage of the boat, prior to or during an event, and upon returning the boat to the Charter Company. 10 COSTS: 10.1 COSTS INCLUDED: The price for the event is for the yacht charter price only unless indicated COSTS NOT INCLUDED: The cost of moorings, provisions, fuel, water etc. is not included. Car Hire, hotels, excursions and other incidental expenses are not included. The cost of travel to/from the start/finish point of the event is not included in the price, unless explicitly indicated. Each crew member is responsible for arranging their own travel to ensure that they connect with the intended departure time for the charter. Any expense arising from loss or damage is the responsibility of the skipper and crew (see below) SECURITY/DAMAGE DEPOSIT: There is a usually a security/damage deposit per boat per which can be in excess of 2000 in total per event for the boat for cruising, more for racing. Skippers are entitled to collect a share of the deposit from crew members prior to embarkation. The skipper or organiser will be able to advise you of the amount of the damage/security deposit for your boat. In line with normal practice, should an extraordinary damage or loss occur during a given event, the skipper and the crew on the yacht on that day will be jointly and severally responsible for the reimbursement of that specific item or any damage not covered by the boat s insurance and for any damage deposit that cannot be reclaimed from the insurers. The club skipper and crew are jointly liable for any damage insurance excess in the event of damage to the boat. If a professional skipper is hired (i.e. non-sundowners club) then any damage excess will only be divided amongst the crew and excludes the professional skipper. The damage deposit is per boat, per incident and must be replenished if used up. Page 8 of 10

9 11 ADVERSE WEATHER CONDITIONS: In addition to the costs referred to above, circumstances may arise where the skipper deems it unsafe to attempt to return the boat to the charterer in the allotted time. The skipper's decision on this will be final. However, additional costs (both in relation to the cost of the charter and individual expenses) may be incurred as a result. While the skipper and the club will use reasonable endeavours to keep such costs to a minimum, nevertheless the skipper and crew will be jointly liable for those costs and such costs may need to be split equally between all the individuals on board. 12 CREW INFORMATION: 12.1 SKIPPER REQUIRED INFORMATION: All participants must inform the skipper either directly or through the organisers if any of the following apply INABILITY TO SWIM: All crew must be able to swim 25 yards in a swimming pool. If you are not able to do this then a lifejacket must be worn at all times when on deck. On some overseas trips is recommended that you ensure that you bring with you your own compact lifejacket (check with your airline carrier for conditions of travel). Overseas charter boats tend to have buoyancy aids that are not suitable for routine deck wear HEALTH: If you have a particular health/disability or dietary requirement, you must advise your skipper immediately if: i) you have any food allergies and /or ii) you are taking any prescription medicines or have medical conditions that could jeopardise your effectiveness as a crew member or have an impact on another crew member or the skipper's decisions in an emergency during the event in which you are participating ORGANISER REQUIRED INFORMATION: All participants must provide the following information as required to the organiser NEXT OF KIN DETAILS: Please ensure that your next of kin details are up to date on the Sundowners website at all times PERSONAL DETAILS: On some Events there is a need for certain extra information to be provided in order to fulfil local legal requirements such as the issue of Transit Logs. Information that may be required can include (but is not limited to) passport numbers, nationality place and date of birth etc. This information must be supplied when requested as failure to supply the information to the foreign authorities in advance could deny you boarding. Page 9 of 10

10 13 FLIGHTS & HOTELS: Flights and hotels must not be booked until you have specifically been given the go-ahead to do so by the event organiser. This is because your place cannot be guaranteed until a boat has been booked with a skipper and sufficient crew to make it viable. 14 PASSPORTS & VISAS: It is your own responsibility to check that you do not require a visa for the location in which the event is taking place or that you obtain a valid visa if required. It is also your responsibility to ensure you bring a valid passport with you if required and that it meets a country's expiry date requirements (e.g. that there are 6 months left before the passport's expiry date). 15 TRANSFERS: It is the responsibility of each member to ensure that any transfer arrangements will be suitable for their own situation. Some transfer arrangements may have been made in advance for the event and have been coordinated with best endeavours. They are not a contractual element of this event and have been provided as a goodwill service. These arrangements are not guaranteed. Therefore in the event of a failure of this facility then members will be required to make their own arrangements. All transfers are to be paid for locally by the passengers or in advance if required by the event organisers. 16 INSURANCE: You are advised to arrange your own personal insurance for cancellation, personal property and other risks. 17 COMPLAINTS PROCEDURE: The Club has a formal complaints procedure. Full details can be found on the website in Clause 5 of the Club's Bylaws & Rules. 18 LIABILITY: The boat is insured for sailing against accident and third party liability. However this does not include your personal liability to third parties, your personal property or injuries, for which you will have to make your own arrangements. If you already have a general travel insurance policy, you should check it to ensure that it covers you for offshore sailing or competitive offshore sailing on all relevant accounts. Offshore sailing, rallies and races, although normally good fun, can be dangerous; you are taking part at your own risk. As members, we agree not to sue each other for damages, death or personal injury when applying for an event. Non-club members on the event will be regarded as temporary Sundowners club members for the duration of the event and must sign a Temporary Membership form accordingly. 19 DISCLAIMER: The Club or the organisers or the skipper shall not accept liability for death or personal injury, property damages, missed travel connections etc. arising out of participation in any event, training, race or rally organised by or through the Club whether sustained by members, guests or visitors or caused by the said members, guests or visitors whether or not such death or injury or property damages could have been attributed to or was occasioned by the neglect, default or negligence of any of the officers, committees or servants of the Club or the organisers or skippers of the events. 20 CONSEQUENTIAL LOSS: The Club and the organisers will not be held responsible for any consequential loss, no matter how caused. Page 10 of 10

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