PLEASE READ THE FOLLOWING CONDITIONS CAREFULLY BEFORE COMPLETING YOUR BOOKING.
1.1 The following definitions shall apply in these conditions:
“Yacht Club” means Port Edgar Yacht Club, Shore Road, South Queensferry, EH30 9SQ;
“Conditions” means these terms and conditions between the Yacht Club and Member for the use of the Yacht Club boat;
“Member” means any yacht club member which places abooking to use the Yacht Club boat;
“Accredited Helm” means a full sailing member that has demonstrated their sailing competence to achieve an authorised helm status.
2.1. All fees (which are intended to cover the upkeep of Nimrod) are quoted on the website. Once you’ve made your choice of date and times, and have read these booking conditions, please make your booking online via our website. Bookings cannot be accepted without prior full payment which will be made through the PEYC GoCardless system
2.2 All Members making a booking will ensure that they are an Accredited Helm or have agreed with an Accredited Helm or mentor that they will be available to skipper Nimrod.
3.1 Cancellations by the Member
In the event of cancellation for convenience by the Member, a cancellation fee will be due to the Centre as set out below:
• If you cancel more than 48 hours within the time of your booking, you will be entitled to a full refund.
• If you cancel between 24 – 48 hours within the time of your booking, you will be entitled to a 50% refund.
• If you cancel less than 24 hours before your booking, you will be entitled no refund.
• If cancellation needs to be made due to bad weather conditions or to exceptional circumstances, please email firstname.lastname@example.org for review.
3.2 Cancellations by the Yacht Club
3.2.1 The Yacht Club will use reasonable endeavours to ensure that your booking takes place and in accordance with your booking. However, the activity is highly weather dependent and the Yacht Club reserves the right to cancel any booking without prior notice and at any time where the Yacht Club believe on reasonable grounds that cancellation is necessary due to unsuitable conditions or other unforeseen circumstances.
3.2.2 Where the Yacht Club cancels your booking, you will be offered the following options:
• a full refund of the fee paid; or
• alternative use on a different set of dates.
4. Responsibility of the Accredited Helm
4.1 The Member will ensure they and the Accredited Helm on board ;
a) Shall be a full sailing member of Port Edgar Yacht Club; and in the case of the Accredited Helm have sailing competence which has been demonstrated and assessed in order to be authorised to helm Nimrod. This is for the benefit of the member to test their capability and gain experience in the particulars of the Yacht Club boat.PLEASE NOTE – Accreditation for the Club 707’s does not mean accreditation for Nimrod; this is a separate accreditation.
b) Shall be responsible for keeping their experience, and knowledge of sailing theory, up to date.
c) Shall be able to rig, anchor and berth the boat appropriately.
d) Shall check Nimrod for any defects or missing equipment and will not sail the Yacht Club boat in a condition unsuitable for sailing. Yacht Club boat will be maintained by the Yacht club regularly, issues can arise at any timeand you must log any damage to Nimrod found at collection or any damage sustained during your use in the Maintenance log book. If urgent, the damage should be reported to the Bosun immediately (please email email@example.com).
e) Shall check the weather forecast and tide times.
f) Shall check safety equipment and ensure that all crew members wear a buoyancy aid and suitable clothing.
g) Shall be responsible for ensuring they have crew with applicable ability and responsible for the safety of their crew where relevant.
h) Shall ensure that they are familiar with the working of the radio on board Nimrod
i) Shall ensure that there is a working, charged mobile phone on board as an additional safety measure to the radio.
j) Shall stay within the geographical limits of the water to thewest of Inchkeith and to the east, within the Forth which is classed as inshore waters by the MCA.
k) Shall be responsible for their decision whether to take the Yacht Club boat out and will sail within their capabilities taking account of the weather conditions.
l) will comply at all times with the instructions of Port Edgar Yacht Club particularly with regard to handling of boats, weather, sailing area, wearing of buoyancy aids and the wearing of suitable clothing for the conditions
m) will ensure the boat is cleaned and returned to the berth in a condition that will allow her to be used again without a clean of her being required and ready for handover at the end of the time session which she has been booked for.
n) will not sail Nimrod if your ability or any of your crew members ability to handle her is impaired by alcohol, drugs or if you feel unwell or are otherwise unfit to sail.
o) Will pay for any damage and / or pay insurance excess should a claim be necessary.
4.2 The use of the yacht is restricted to winds of Force Four and under and to the geographical limits of the water to the west of Inchkeith and to the east, within the Forth which is classed as inshore waters by the MCA. Nimrodmust be returned to the berth if the wind is gusting 20 knots.
Please treat the yacht as if she were your own. Nimrod is a valuable resource to the club and should be well cared for. As the person using the boat, you have a duty of care to yourself, any crew, and the yacht that you are sailing. Failure to follow section 6 will mean that future bookings will be subject to review.
7.1 If the Member encounters a problem or issue relating to the use of Nimroid, the Yacht Club will try to resolve such problem or issue as soon as possible.
6. Unruly Behaviour
6.1 The Member and any member of the Member’s party is required to have consideration for other people. If, in the Yacht Club’s reasonable opinion, the Member or any member of the Member’s party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, the Yacht Club is entitled, without prior written notice, to terminate the stay/use of facilities of the person(s) concerned. Such persons will be required to leave the Yacht Club’s property and no refunds will be made and the Yacht Club will not pay any expenses or costs incurred as a result ofthe termination
6.2 The Member shall be liable for any damage or loss suffered by the Yacht Club as a result of disruptive behaviour or any other breach of these Conditions.
7. Risk Statement
It must be recognised that sailing is by its nature an adventurous unpredictable and often strenuous sport and therefore inherently involves an element of risk. By usingNimrod, Members agree and acknowledge that:
7.1 they are in general good health and will satisfy themselves that the activity is within their abilities and are aware of the inherent element of risk involved in the sport and accept responsibility for exposing themselves to such inherent risk whilst taking part ;
7.2 they accept responsibility for any injury, damage or loss to the extent caused by your own negligence;
8. Limitations of Liability
This Condition 8 sets out the entire financial liability of the Yacht Club to the Member.
8.1 Nothing in these Conditions limits or excludes the liability of the Yacht Club for:
a) death or personal injury resulting from negligence by the Yacht Club; or
b) any damage or liability incurred by the Member as a result offraud or fraudulent misrepresentation by the Yacht Club.
c) any liability which can not be limited by law.
8.2 Personal property which belongs to the Member is at all times the sole responsibility of the Member. The Yacht Clubshall not accept any liability for loss of or damage caused to the Member’s personal property unless any loss or damage is due to the gross negligence of the Yacht Club or its representatives.
8.3 Subject to conditions 8.1;
8.3.1 The Yacht Club shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for: loss of profits; loss of business; depletion of goodwill and/or similar losses; loss of anticipated savings; loss of goods; loss of contract; loss of use; loss of corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
8.3.2 The Yacht Club’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with these Conditions shall be limited to the price paid by the Member for the use of Nimroid.
8.4 For the avoidance of doubt, the Yacht Club shall have no liability for any loss or damage suffered by the Member or any other person as a consequence of not following the Yacht Club rules or instructions or any negligence or wrongful act on the part of the Member.
8.5 The Member is advised to insure against injury or losses incurred during their booking with the Yacht Club and arrange suitable medical cover for such booking.
9. Applicable Law
These Conditions shall be governed by and construed in accordance with Scots Law and both parties agree that any dispute or claim that arises out of or in connection with these Conditions will be dealt with under the exclusive jurisdiction of the courts of Scotland.
10. Booking Undertaking
PLEASE READ THE FOLLOWING STATEMENT CAREFULLY. THE YACHT CLUB’S ACCEPTANCE OF ANY BOOKING WILL ONLY BE DONE SUBJECT TO YOUR ACCEPTANCE OF THESE CONDITIONS.
You, the Member, have read the terms and conditions of booking brought to your attention, including the terms of cancellation and you understand that:
• refunds due to cancellation are in accordance with the terms and conditions of booking;
• by making this booking you agree that you:
• Are sufficiently proficient in sailing to undertake the booking;
• Are physically fit to take part in the activity in connection with your booking;
• Are willing to comply with all safety regulations as required by the Yacht Club;