Booking Terms and Conditions

All courses advertised on the website www.asperformanceacademy.org are operated by The Andrew Simpson Watersports Centres Limited (company number 08989055) which carries on activities within the charitable objectives of its parent company, Andrew Simpson Sailing Foundation.  Andrew Simpson Foundation (company number 08595862) is a registered charity.

These Booking Conditions apply to any contract you make for participating in an activity operated by The Andrew Simpson Watersports Centres Limited. Please note that before making a booking for an activity you will be asked to agree to these Booking Conditions.

We may amend these booking conditions from time to time.  Your contract with us will not be affected by any such amendments made after the contract comes into effect. These booking conditions, and any contract between us, are only in the English language.

When the following words are used in these Booking Conditions, this is what they will mean:

Booking Form means the booking form which you submit or complete online for the course chosen by you.

Contract means the contract (as referred to in your contract/ when we confirm your booking below) for the provision of the activity.

Activity means the activity identified on your booking form and detailed in our booking confirmation.

Final Balance means the full price of the activity (inclusive of VAT) less the deposit paid by you.

Group Member means where the booking form identifies a group of individuals participating in the activity, any individual within that group.

Group means the group identified on the booking form.

Individual refers to the person who will be partaking in the course.

You means the person submitting the booking form (or completing it online), or the participant and (in the case of a group booking) identified as the group leader on the booking form.

Qualifying Criteria means the criteria published on our website which determines whether the provision of an activity to you and to any other group member falls within our charitable objectives.

We/our/us means The Andrew Simpson Watersports Centres Ltd (Company registration number 08989055).

When we use the words “writing” or “written” in these booking conditions, this will include email unless we say otherwise.

Making a Booking

Please read these booking conditions carefully and the activity information contained in our current brochure or published on our website and make sure that you understand them before you book your course. Please check that the details on your booking form are complete and correct before completing it online.

After you have submitted your booking form and paid a deposit/made full payment (depending on the date of the activity) you will receive an email from us acknowledging that we have received your booking and it is confirmed. All activities shown on our website are subject to availability. All activities are weather dependant and subject to cancellation. If the cancellation is on our behalf, we aim to offer alternative course dates, otherwise you are entitled to a full refund of any monies paid.

You can only make a booking for a course if you are over 18 years old at the time of booking.

Please note that your booking form, together with the booking conditions and the description of the activity published on our website (or as shown in our brochure current at the time of booking), form the basis of your contract for the provision of the activity.

If we agree with you any changes or additions to the standard activity (as published on our website) including a change to the published price for the activity or any other specific arrangements in relation to the activity, we will confirm these changes and arrangements (if any) in our confirmation of booking to avoid any confusion.

If any of these confirmed changes or additions conflict with these booking conditions, the confirmed changes and additions will take priority. We will issue a written confirmation of booking within 7 days of our receipt of the booking form and payment of the deposit (in cleared funds) at which point these booking conditions will become binding on you and us and a contract will come into existence between you and us.

Group Bookings

This section specifically applies to group bookings.  You (as the group leader) must possess the legal capacity and authority to book as the group leader and enter into the contract on behalf of the other group members. We will only deal with you as the group leader in all correspondence in relation to the contract, including changes, amendments and cancellations. As the group leader you will be responsible for:

  • Ensuring the accuracy of the personal details on the booking form in respect of yourself and any other Group member
  • Passing on any information regarding the booking (or any changes made in relation to the booking) to all the other group members, including but not limited to, information on changes to the activity programme or copies of booking confirmations and course joining instructions.

Price

All prices for activities which we advertise on our website are accurate at the date published, but we reserve the right to change any of those prices from time to time.

Once the contract is made the agreed price of your booking is fully guaranteed and will not be subject to any surcharge apart from VAT changes (see below). This guarantee does not apply to any surcharges we may levy to reflect any increased costs incurred by us in providing the activity as a direct result of changes in relevant laws and regulatory requirements.  It will also not prevent us from correcting bona fide invoice errors.

The price of the activity and other charges referred to in these conditions of booking includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date when we issue our booking confirmation and the start date of the activity, we will adjust the VAT you pay on the price for the activity, unless you have already paid for the course in full before the change in VAT takes effect.

How to Pay

Individuals – we require either a deposit or payment in full (depending on date of course) to secure the course booking. The final balance is due 30 days prior to your course start date. If the booking is made within 30 days, payment in full is required to secure the course booking.

Groups – we require a deposit of 25% of the total course booking based on the number of participants given at the time of booking. The total deposit must be paid at the time of booking. The balance invoice will be issued on receipt of final numbers.

For group bookings, we can amend your numbers up to 7 days before the start of your booking. Please contact the centre if your group numbers need to be altered. After this point if you wish to decrease the numbers, we will not be able to reduce the invoice. If you wish to increase numbers this may be possible, please contact the centre.

Final payment must be made before the course start date. Refer to the cancellation policy below for conditions on adjustment of the booking. If any payment due is not received in full, in cleared funds and on time we reserve the right to treat the booking as cancelled by you and apply the cancellation charges set out in the cancellation policy below. We will notify you promptly if we decide to exercise this right.

Cancellation Policy

You may cancel your booking at any time subject to payment of the cancellation charges set out below.

Written notification of cancellation can only be given by you (as the group leader) and must be received by us in accordance with the conditions below. The date of cancellation is the date we receive your written notice of cancellation.

NOTE: if the reasons for your cancellation are covered under the terms of any insurance policy which you have taken out, you may be able to reclaim these charges ie. necessary cancellation due to injury or illness etc.

To cover our expected losses there is a set scale of cancellation charges, payable as follows:

Number of days between date of cancellation and the Course start date – Cancellation Charge:

After date of booking received – Deposit only

56 – 30 days – 50% of the total booking cost

29 – 22 days – 70% of the total booking cost

21 – 15 days – 90% of the total booking cost

14 days or less – 100% of the total booking cost

Alterations by you

We will, wherever possible, try to arrange any reasonable and appropriate alterations, you may request after the contract is formed. Alteration requests must be made in writing to us by you (as the group leader).

However, major alterations within 14 days of the activity start date (such as change of activity date) will be treated as a cancellation and re-booking and we will issue a revised confirmation of booking on receipt of your payment of the increase in the activity price (if any). Any new persons added to the booking or name changes (subject to any maximum number we may stipulate) will be treated, for the purposes of these booking conditions, as if they had been named on the booking form when originally signed or completed online.

Alterations by us

The arrangements detailed in the booking form and in our brochure are given in good faith at the time of printing, but we reserve the right to provide comparable alternative arrangements if operational or other considerations so dictate.

No employee or representative of ours has the authority to verbally vary these booking conditions or the information within our brochure or other literature or to enter into verbal agreements with our clients. No variation in these booking conditions or otherwise in the terms upon which a booking is made and no promise to refund money paid to us shall be valid unless in writing and signed by one of our Directors.

If we make a major change to your booking, we will inform you as soon as reasonably possible. You will have the choice of either accepting the change of arrangements or cancelling your booking and receiving a full refund of all monies paid. You must notify us in writing of your choice within 7 days after we have notified you of the change and if you fail to do so, we will treat your contract as cancelled. This does not affect our right to impose surcharges due to government action as referred to in price above.

Images

From time to time we and our authorised contractors may carry out photography and/or video recording of group members as they participate in the activity. You agree that we may use such images in promotional, advertising or publicity material in any format whatsoever including but not limited to display on our website.

You further agree that copyright rests with us or our authorised contractors.  You will be responsible for bringing each group member’s or individual participant’s attention to this condition. If you, any group member or any participant wish to opt out to audio or visual recordings and photographs being taken, we will give the opportunity to do so at the start of the activity.

Insurance

We strongly recommend that each group member or participant is insured for the activity. It is your responsibility to ensure that your policy includes cover for cancellation, emergencies and the activities in which each group member or participant will be participating.

We hold Public Liability Insurance.

Events Beyond our Control

We will not be liable for any failure to perform any of our obligations under the contract that is caused by any event beyond our control. We also reserve the right to cancel/curtail your activity if we are prevented from providing the activity due to any event beyond our control.  If we have to cancel the contract due to an event beyond our control, we will promptly notify you.

For the purpose of this section “event beyond our control” means any event or circumstance beyond our reasonable control including, but not limited to, war, riots, government action, terrorism (or threat of terrorism), fire, explosion,  flood, earthquake, epidemic and other natural disaster, extreme weather conditions, strike action or other industrial action by  employees of third parties, and unavailability of key third party personnel, equipment or facilities necessary for the performance of the course.

If we cancel before the start date for the activity, we will offer you a full refund of the monies paid by you or alternative course date. If we cancel during the activity, we will give a pro rata refund if there are more than 2 full days of the activity left to run at the time of cancellation. We will endeavour to offer credit if there are less than 2 days left to run at the time of cancellation. In either case we will not pay any other compensation.  If an event beyond our control takes place during the activity that prevents our provision of the activity we will notify you as soon as reasonably possible and our obligations under the contract will be suspended for as long as the event beyond our control lasts.  We will make a pro rata refund of the price if the period of suspension exceeds one half-day.

Restrictions

We and our staff are responsible for the safe conduct of your activity and may vary the activity programme to that end. Our staff alone shall decide whether or not the watersports activities are available or conditions are safe to use a particular craft. The decision to alter the programme (including increasing the amount of land based training and reducing the water based activities during the activity) will not entitle you or any member of the group to compensation.  It is not permitted for any of our craft to do night sailing or partake in any third party race without our prior written approval. We cannot be held responsible for loss of use of your or any group member’s watersports equipment due to adverse weather conditions.

Our Liability

We accept responsibility for any loss or damage that you or any group member suffers (outside your respective business or profession) that is a foreseeable result of our breach of our contractual obligations or our negligence should any of the services which we are contractually obliged to provide prove deficient or not of reasonable standard.

This includes responsibility for the acts or omissions of any of our employees, subcontractors and suppliers.  However, we are not responsible for any loss or damage that is not foreseeable or for any loss of profit, loss of business or business opportunity you may suffer as a result of our breach.  Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract. Except as detailed below, no liability is accepted for death, injury or illness.

We do not exclude liability or responsibility for personal injury to, or the death of any participant in an activity caused by our negligence or the negligence of our employees, suppliers or subcontractors. We do not accept liability for causes of dissatisfaction in respect of our provision of the activity that are not notified to us, in writing, within 28 days of completion of the activity or, if you become aware of such cause at a later date, as soon as possible after you have become so aware.

Fitness/Medical Information

You and all group members must be physically fit to take part in the activities and be able to swim 25 metres in light clothing. If group members cannot swim 25 metres this may not preclude them being able to take part but this should be declared on the declaration form. The declaration form should contain reasonable details of any known potential medical conditions that may affect the personal safety of any group member and we should be notified in writing, in good time prior to the start date of the activity, of any special needs which you or any group member have and of any other information which we have indicated in our confirmation of booking is necessary for participation in the activity.

You are responsible for notifying to us the details of any such medical or special needs for yourself and any group member who is a member of your family and for asking other group members for such details and for passing on promptly to us any such information which they provide to you.

Prior to the start of the activity or during the activity induction we require you and each group member (or parent or guardian of any group member under 18 years old) to provide a signed declaration (in our required form) as to the fitness, swimming ability and medical or special needs (as referred to above). Any group member (including yourself) who has not provided the declaration will not be able to participate in any activities until they have provided the declaration.

By signing an indemnity form on behalf of an individual taking part under the age of 18, you will be responsible for ensuring the following conditions are adhered to. All adults accompanying a group or individual agree to be responsible for the good behaviour of those in their group and will adequately supervise their own group. Where damage is caused to our or any third party’s equipment e.g. boats, etc as a result of wilful damage by a group member or individual under the influence of drink or drugs, or as a result of a group member or individual not obeying our staff’s instructions, then you (as the group leader or responsible adult) will be responsible for the full amount of the repair or replacement.

We will not be liable for any delay or non-performance as a result of our not receiving the information referred to in this section on time.

Termination of Booking

We reserve the right in our absolute discretion to terminate with immediate effect without further notice the participation in the activity by any group member or individual who refuses to comply with the reasonable instructions or orders of our staff or other responsible person or whose behaviour in their opinion is likely to cause distress, damage, danger or significant annoyance to other clients, staff, any third party or to property. Upon such termination our responsibility for your booking in respect of the relevant group member or individual ceases and we shall not be liable for any extra costs incurred by you.

Complaints

Our aim is to give you an enjoyable and trouble-free activity. If you do have a problem or complaint it is important and in your own interest to tell a relevant member of senior staff immediately so that steps can be taken to resolve the matter on the spot.

If your complaint cannot be resolved there and then, please notify us, in writing, immediately upon your return. We strongly recommend that you communicate any problem to our staff without delay and complete a report whilst at our centre, if you do not, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on the activity and this may affect your rights under the contract.

We will make every effort to provide suitable alternatives but will not be held liable for changes made by outside influences. Disputes arising out of, or in connection with the contract that cannot be amicably settled may be referred to arbitration, if you so wish, under a special scheme that is administered quite independently by the Chartered Institute of Arbitrators.

Our staff are often asked for information not contained in the brochure or published on the website. Whilst every effort is made to ensure that all information given is correct, we cannot be held responsible if this should prove inaccurate. All participants over the age of 18 will be provided with a feedback form which can be completed anonymously if desired. Please take this opportunity to register any concerns and hand back to the senior member of staff on duty, alternatively it can be completed online.  As a consumer, you have legal rights in relation to the activty if we do not provide it with reasonable skill and care, or if the equipment we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Booking Conditions will affect these legal rights.

Equipment

All dinghies ,windsurfers and other watersports equipment and landbased equipment used by us are of an approved design suitable for teaching. All buoyancy aids and other watersports clothing, harnesses and helmets are of an approved design.

How to Contact us / How we Will Contact you

If you wish to contact us in writing, or if any clause of these Booking Conditions requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by email, by hand, or by pre-paid post to our postal address and e-mail address given in the Contact Us page on our website or email enquiries@ascperformanceacademy.org We will confirm receipt of this by contacting you in writing.  If we have to contact you or give you notice in writing, we will do so by email to the email address and by hand, or by pre-paid post to the postal address you provide in each case in the Booking Form or to any other e-mail address or postal address which you have previously notified to us in accordance with this section as being the address for communications in relation to the contract.  Any notice or communication, which we send by email to any such email address, shall be treated as received by you at the time of transmission unless we receive an error transmission report from our external electronic communications gateway.

Other Important Terms

We may transfer our rights and obligations under the contract to another organisation, but this will not affect your rights or our obligations under the contract. We will always notify you in writing or by posting on our website if this happens.  You may only transfer your rights or your obligations under the contract to another person if we agree in writing and that other person (in the case of a group booking) agrees with us to assume the responsibilities of the group leader under the contract.

The Contract is between you (and each group member in the case of a group booking) and us. No other person shall have any rights to enforce any of its terms.  Please note that the contract is governed by English Law. This means the contract and any dispute or claim arising out of or in connection with it will be governed by English Law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any such dispute or claim.

We will not file a copy of the contract.

How we Use your Personal Information

By using our booking process you consent that we may process the personal data (including sensitive personal data) that we collect from you for the following purposes and you confirm that you have obtained the consent of each Group Member to such processing:

  • providing the activity
  • processing your payment for the activity
  • providing medical information to emergency services if required

You as the group leader will be responsible for obtaining the express consent of each group member to our processing of their personal data as above. We will not use your personal/sensitive date for marketing purposes. However, you will be given the opportunity to opt into this when booking and it will not be used by 3rd parties. Please address any questions, comments and requests regarding our data processing practices to enquiries@asperformanceacademy.org. We will not give your personal data to any other third party without your prior written consent.