WTRA Terms and Conditions

These Terms and Conditions are the Terms and Conditions of White Tip Race Academy Limited hereinafter referred to as “WTRA ”.

  1. BOOKINGS:
    • These booking terms and conditions will form part of your contract with WTRA, and the booking will be deemed definite once the terms and conditions are accepted.
    • On returning the booking form or confirming your booking by email, these Terms & Conditions shall become binding.
    • A Client who signed the booking form or confirms their booking by email shall be liable for all those to whom the booking form applies and in respect of whom the Client was sent an invoice.

  1. CONFIRMATION, DEPOSIT & PAYMENT
    • Upon receipt of a completed booking form and deposit, WTRA will confirm the booking, via email or in writing.
    • It is the Client’s responsibility to check the details on the confirmation invoice and inform WTRA immediately of any errors or discrepancies.
    • Single place booking
      • A 30% non-refundable deposit is required if the booking is more than 60 days from the start date of the course.
      • The balance of payment is due 60 days prior to the date of the course.
      • The full fee must be paid if the booking is within 60 days of the course start date.
      • If the Client has not paid the balance of the fee by the 59th day prior to the course, WTRA may cancel the booking and apply cancellation charges as set out in the Cancellation Policy of these Terms & Conditions”.
    • Complete yacht booking
      • A 30% non-refundable deposit is required if the booking is more than 120 days from the start date of the course.
      • The balance of payment is due 120 days prior to the date of the course.
      • The full fee must be paid if the booking is within 120 days of the course start date.
      • If the Client has not paid the balance of the fee by the 119th day prior to the course, WTRA may cancel the booking and apply cancellation charges as set out in the Cancellation Policy of these Terms & Conditions”.
    • Payments can be made by standard bank transfer, PayPal or credit cards.

  1. CANCELLATION & AMENDMENTS:
    • Cancellation must be received in writing or by email.
    • Single place booking:
      • For cancellations of a single place booking more than 60 days prior to the start of the course, WTRA will be entitled to keep the deposit.
      • For any cancellation within 60 days, for a single place booking, the full amount will be due, and no refund will be made.
    • Complete yacht booking:
      • For cancellations of a complete yacht booking more than 120 days prior to the start of the course, WTRA will be entitled to keep the deposit.
    • For any cancellation within 120 days, for a complete yacht booking, the full amount will be due, and no refund will be made.
    • For any booking in which the Client asked WTRA to charter a yacht, the charter deposit is non-refundable.
    • Clients who fail to arrive at the start of their course or event, for any reason whatsoever including illness, will automatically forfeit the total monies paid and WTRA will have no liability towards the Client.
    • WTRA may cancel the booking at any time upon repayment to the Client of all sums already paid.
    • The repayment does not include other costs such as but not limited to flights, journey, and equipment, which have been made by the customer. The upper limit of the repayment is the cost of the participation in the course or event.
    • WTRA strongly recommended that client take out insurance when booking any course or event.

  1. COURSE START TIMES & DURATION:
    • All start times and durations will be provided to the Client in their joining instructions.

  1. UNDER 18’S:
    • Under 18’s are accepted when sailing with parent or guardian.
  2. For students under 18 these Terms & Conditions must be accepted and signed by the parent or guardian.

  1. INSURANCE:
    • All yachts used by WTRA are fully insured against accident, third party liability and personal injury arising from neglect by WTRA .
    • WTRA will not accept any liability for personal accident or loss or damage to the property of the Client.
    • WTRA strongly recommend clients take out their own appropriate holiday insurance to cover against cancellation, accident, injury, or loss of personal possessions. Many insurances do not cover sailing.
    • WTRA strongly recommends that all Clients check the terms & conditions of cover of their insurance for sailing activities and when necessary, purchase additional insurance.

  1. DISCLAIMER:
    • No liability is accepted for any Client’s vehicles parked in the Marina grounds, or Client’s possessions in the vehicle, on the pontoons or on board the vessels used by WTRA .
    • No liability is accepted for Client’s or their possessions whilst on WTRA‘s property or vessels used by WTRA.
    • Participation to any course is always at the Client’s own risk.

 

  1. CLIENT OBLIGATIONS:
    • It is the responsibility of the Client to ensure that all travel documents, visas, inoculations, and vaccinations are in place and in date and that they follow all laws, regulations and customs of all countries visited.
    • All Clients must bring their passport on any course in the event of calling into any foreign country, whether intended or not.
    • The Client must not bring aboard any restricted or illegal goods such as drugs, firearms, or explosives. If the Skipper reasonably believes that the Client may be in breach of this clause, the Skipper, Principal or any member of a professional staff delegated for the purpose, shall be entitled at all times to search a Client and/or their personal luggage and belongings.
    • Clients must not be under the influence of alcohol or any other substance while sailing.
    • Smoking and vaping are not permitted on board.
    • It is the Client’s responsibility to ensure that they arrive on time for the start of their course or event. Should a Client be delayed beyond the start of their course, they must inform WTRA as soon as possible and any further travel arrangements will be the Client’s own responsibility and cost and will not be compensated by WTRA .
    • A Client who cannot attend their course through illness or commitments elsewhere is requested to contact WTRA as soon as possible. If it is necessary to cancel the course the Cancellation policy shall apply.

  1. CLIENT BEHAVIOUR:
    • Clients must follow standards of behaviour and personal conduct that will not be considered offensive by other Clients on board or on neighbouring vessels.
    • A client must not jeopardise the safety of other Clients, staff, or vessels.
    • Clients must comply with all sea-going rules and regulations and obey all reasonable instructions given by the Skipper, may this be on board the vessel or ashore during the entire duration of the course or event. Clients are reminded that from the moment the Skipper steps onboard the vessel used for the event or course, in accordance with marine practice, the Skipper’s decisions are always final.
    • In the event of unacceptable behaviour by a Client, or if a Client does not accept an order from the Skipper or Principal, whether the Client considers it to be reasonable or not, the Client shall be considered in breach of their Articles of sailing. In such circumstances, WTRA reserves the right to terminate the offending Client’s course or event. Under such circumstances, fees will not be refunded and WTRA shall not be liable for any incidental costs and expenses incurred by the Client, including but not limited to flights and hotel accommodation.
    • WTRA reserves the right to hold any Client liable for any/all losses or damages resulting from their negligence or misconduct.
    • All Clients accept that sailing carries an element of personal risk. WTRA shall endeavour to minimise such risks wherever possible by implementing stringent safety measures standards and procedures. Client however accepts that in deciding to book a course or event onboard a yacht, they do so in the knowledge that such personal risks are present.
    • It is strongly recommended that all participating in the sport of Sailing should be able to swim. Clients who are non-swimmers must inform WTRA and their instructor.

  1. DAMAGE TO PROPERTY:
    • TEAM HOUSE: When WTRA provides accommodation for a course, clients are responsible for damage they have caused to the house, up to the Damage Deposit Excess that is paid by WTRA.
    • YACHTS: A client is responsible for damage or loss of equipment caused by the client through negligence or refusal to follow instructions given by a WTRA Skipper or mate.

  1. CLIENT HEALTH:
    • Sailing is a sport that requires participants to have a certain degree of health and fitness. Clients must ensure that they are healthy and fit enough to take part. Please check with your GP if you are in any doubt.
    • Clients have the obligation to report any health issues they might have and provide WTRA with a declaration of any medical conditions and medicines they must take regularly. This information will be passed to the instructor of the course.
    • If for whatever reason the Skipper/ Instructor has to put a Client ashore or administer medical aid, WTRA or its employees accept no liabilities.
    • The Cancellation policy of these Terms & Conditions shall apply should a health condition arises that prevents a Client from taking part in a course or event.

  1. WTRA OBLIGATIONS:
    • WTRA will provide yachts that are in good and seaworthy condition. Yachts will be fully compliant with MCA/RYA regulations and have all the equipment listed in the Yacht’s inventory.
    • WTRA will always provide a fully qualified Skipper. Should regulations require, WTRA will also provide a fully qualified First Mate.
    • All yachts provided by WTRA will be fully insured as per the insurance clause found in these Terms & Conditions.
    • The nature of sailing means that plans can change. Clients must therefore always accept and show a flexible approach towards any sailing activity. Wherever possible, WTRA will provide the Client with advance notice of any change to the itinerary but reserve the right to do so without giving prior notice. If the itinerary of a course or event is changed due to local circumstances or events outside of the company’s control, WTRA is not responsible for any costs that a Client may incur because of the change.
    • Clients should have adequate travel insurance to cover cancellation or curtailment of any course or event.

  1. WTRA DECISIONS:
    • When Clients are on any of WTRA’s property or on a vessel used by WTRA, the WTRA Manager’s decision is always final.
    • Once on board, the WTRA Skipper will take over this responsibility and if necessary, liaise with the Manager.
    • The Skipper’s authority is total day and night in accordance with Marine Law.
    • For all practical courses, every attempt will be made to give Clients the maximum amount of sea time possible. However, if in the Skipper’s opinion weather conditions, safety or any other consideration renders it imprudent, the Skipper’s decision is final.

  1. RACE PARTICIPATION AND RESPONSIBILITY
    • PERSON IN CHARGE: Yacht racing can be dangerous. The attention of Persons in Charge is drawn to RRS Fundamental Rule 3: “The responsibility for a boat’s decision to participate in a race or to continue racing is hers alone” and to Special Regulation 1.02.1 which begins: “The safety of a yacht and her crew is the sole and inescapable responsibility of the Person in Charge….” (https://www.sailing.org/racingrules/)
    • Sailing is by its nature an unpredictable sport and therefore inherently involves an element of risk. By taking part in the event, each competitor agrees and acknowledges that:
      • They are aware of the inherent element of risk involved in the sport and accept responsibility for the exposure of themselves, their crew and their boat to such inherent risk whilst taking part in the event.
      • They are responsible for the safety of themselves, their crew, their boat and their other property whether afloat or ashore.
      • They accept responsibility for any injury, damage or loss to the extent caused by their own actions or omission.
      • Their boat is in good order, equipped to sail in the event and they are fit to participate.
      • The provision of a race management team and other officials and volunteers by the event organiser does not relieve them of their own responsibilities.
      • They are responsible for ensuring that their boat is equipped and seaworthy so as to face extremes of weather; that there is a crew sufficient in number, experience and fitness to withstand such weather; and that the safety equipment is properly maintained, stowed, in date and familiar to the crew.
      • All organising clubs accept no responsibility or liability for loss of life or injury to members or others, or for the loss of, or damage to, any vessel or property.
    • The WTRA skipper is THE PERSON IN CHARGE for all races and the sole person who will decide if conditions are suitable to participate in a race.
    • Whenever conditions are above 25 knots of wind, the WTRA skipper has the right at their sole discretion to cancel participation in the race.
      • Should participation to a race be cancelled, other training will replace the race. This training session can include a theory session ashore.

  1. COMPLAINTS PROCEDURE:
    • WTRA has a formal complaints procedure. If you have a comment or complaint about WTRA and any service provided by WTRA, you should raise it directly with us in the first instance.
    • Should a client have any complaint arising from your time spent on a course or event provided by WTRA, please inform us at the earliest opportunity. To do so you can contact WTRA on race@wt-ra.com.
    • Should the issue not be resolved to your satisfaction, please contact WTRA’s Principal in writing within 30 days.
    • Upon receipt of your complaint, we will send you confirmation of receipt within 3 working days.
    • All complaints require a detailed investigation and will require us to contact and speak to the instructor, other students on the course and any other independent witnesses to obtain a balanced view. The Principal will instigate this investigation quickly and respond objectively to the complainant with conclusions and any corrective action that has or must be taken.
    • We will endeavour to resolve the issue satisfactorily and will update you within 14 days.
    • If the complaint requires more time, we will make every effort to deal with the issue in a timely fashion and resolve the matter quickly.

  1. FORCE MAJEURE:
    • No liability shall accrue to either party if the other is prevented from fulfilling any of its obligations hereunder by any incidence of Force Majeure,
    • In this Agreement, “force majeure” shall mean any cause preventing either party from performing any or all of its obligations which arises from or is attributable to strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage [(excluding malicious damage involving the employees of the affected party or its sub-contractors)], compliance with any law or governmental order, rule, regulation or direction [coming into force after the date of this Agreement], accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors and, where they are beyond the reasonable control of the party so prevented, any other acts, events, omissions or accidents.

  1. LAW & DISPUTES:
    • This agreement is subject to English Law. In the event of a disputed 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 England and Wales.

  1. DATA PROTECTION:
    • The Data Protection Act 2018 and UK GDPR. The Data Protection Act 2018 (DPA 2018) sets out the framework for data protection law in the UK. It replaces the DPA 1998 and sits alongside the General Data Protection Regulation (EU) 2016/679 (GDPR), tailoring how the GDPR applies in the UK. The DPA 2018 came into effect on 25 May 2018, the same date the GDPR came into effect. The GDPR sets out the key principles, rights and obligations for processing personal data. The GDPR continues to remain in force in a post-Brexit UK, as it forms part of the UK Law under the European Union (Withdrawal) Act 2018.
    • The section below is an overview of how we will treat your data if you sign up to complete a specific course or event with us. Full details of how we manage your data can be found in our Privacy Policy.
    • The details you provide in your booking form will be used by us to process your booking and to ensure your safety whilst you are participating in our events. Under the UK GDPR we are unable to use your details beyond this specific purpose unless you provide consent for us to do so. If you would like to be kept informed of our news and special offers, please subscribe to our newsletter.
    • WTRA collects both ‘personal data’ (data which when combined with the name of a person makes them identifiable) and ’special category data’ (personal data which requires additional protection because it is more sensitive). For more information on the types of personal and special category data we collect, refer to our Privacy Policy.
    • The legal basis on which we process your data and your special category data is as follows:
      • We process your data with your consent, for example, when you complete and return your Booking Form, agreeing to our Terms and Conditions, you have provided your consent for WTRA to process your data
      • We need your personal data to enable us to comply with our contractual obligations, for example, we require your data to enable us to provide your sailing course or event
    • We require your personal data to pursue your and our legitimate interests, for example, enabling both parties to provide and attend your sailing event.
    • WTRA processes ’special category’ data on the basis that it fulfils the legal basis above and your explicit consent has been given for us to do so. For example, you have provided your explicit consent for us to process this data when you sign and return the Booking Form.
    • Further information on the legal basis on which we process your data can be found in our Privacy Policy.
    • You have a right a withdraw your consent for WTRA to process your data at any time. Please note, if you choose to withdraw your consent before your event has taken place, we will not be able to continue your booking.

If you have any queries about how we manage your data please contact us at race@wt-ra.com