Conditions of Booking
1. BOOKING CONDITIONS
A booking is only final when all payments have been made and Emsworth School of
Navigation LLP (referred to elswhere as Emsworth School of Navigation) has received the booking form. Provisional bookings will be held for a maximum of 7 days.
A non refundable deposit of £100 per person or the full course fee if lower must be paid on booking with the balance paid at least 28 days prior to the start of the course.
3. AMENDMENTS TO BOOKINGS
Any alterations to the bookings must be made in writing. If in the opinion of Emsworth School of Navigation it is acceptable it will be actioned once written confirmation has been received. Changes of dates will only be acceptable if courses are running on those dates and there are available places and written confirmation is received by us up to 28 days prior to the commencement date. Within 28 days of the commencement date any change of dates will be considered a cancellation of those dates and cancellation charges will apply.
4. CANCELLATIONS BY STUDENTS
In the event of any cancellation more than 28 days before the commencement date any monies paid EXCEPT the initial deposit will be refunded. Any cancellations after monies have been paid will be charged as follows:
Prior to 28 days of the commencement date - Deposit
Less than 28 days of the commencement date - No refund
The date of cancellation is the date of the receipt of the written cancellation at Emsworth School of Navigation office.
5. CANCELLATIONS BY EMSWORTH SCHOOL OF NAVIGATION
If Emsworth School of Navigation is unable to fulfil a booking for any reason whatsoever, they will inform the student immediately the knowledge is available. No liability shall attach itself to the school beyond the refund of the full fee paid by the student or unused parts therof.
5.1 Nothing in this Agreement is intended or shall be construed to limit either party's liability for death or personal injury arising from that party's negligence or however arising.
5.2 Subject to Section 5.1, and without prejudice to the customers payment obligations under Section 2, to the maximum extent permitted by law, and taking into account the terms and conditions of this Agreement, each party's aggregate liability to the other, or to any third party arising out of or in connection with this Agreement, whether in tort, contract or otherwise, shall be limited to the lesser of actual direct damages or payment made.
5.3 Without prejudice to the provisions of section 5.1 neither party shall be liable to the other or to any third party for any consequential, incidental, indirect, punitive, special or similar damages
In the event of a course being cancelled for whatever reason, our students will have the option of accepting any alternative provided or having a full refund of all monies paid. In any event our liability will be limited to monies already received from you in respect of that course and will cease upon repayment of such monies.
Any claim arising from or in connection with this Agreement to be brought by one party against the other shall be brought within six months of the completion date of the course, failing which such claims shall be time-barred.
The invalidity in whole or in part of any clause in this Agreement shall not affect the validity of the remainder of such clauses or this Agreement.
Any complaint should be brought to the attention of the Instructor or Principal at the earliest opportunity to be resolved. In the event of a dispute not being settled by mutual agreement, it is agreed that this agreement (contract) shall be governed by the laws of England and the parties submit to the non-exclusive jurisdiction of the courts of England in respect of and dispute or difference between them arising out of this agreement (contract).
10. LAW AND JURISDICTION
This agreement shall be governed by and construed in all respects in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the English Courts.
EMSWORTH SCHOOL OF NAVIGATION LLP
Emsworth Yacht Harbour, Thorney Road, Emsworth, Hampshire PO10 8BP
Tel: 01243 432485 or 07702 842190