1. Contract. This contract is made between ASIA Pacific Yachting Ltd (the Company) registered in Hong Kong, and any person(s) (the Client) booking with the Company to take part in any event, charter, training course, or management training event or such other activity conducted by the Company (the “Programme”). All bookings are subject to these terms and conditions and it is agreed between the Client and the Company that these terms and conditions and any contracts between the Client and the Company arising from the bookings are construed in accordance with Hong Kong law.
2. Language. All correspondence, instruction, dealings and contact between Client and the Company shall be made or conducted in the English language.
3. Risk Disclaimer. No liability is accepted for the Client’s personal possessions or vehicles left in the Company premises; this includes on the marina and onboard vessels used by the Company. No liability is accepted for Clients whilst in, or on, any of the Company property or property used by the Company or whilst embarking or disembarking any vessel used by the Company. All Clients take part in any course at their own risk. The act of signing or submitting a web booking for the Programme implies that the student has understood and accepted the terms and conditions of the Company herein, including the risk disclaimer above and liability as explained in this document.
4. School Insurance. The Company carries full public liability insurance. The Client agrees the Company Insurance Policies are adequate and the Policy is available, on request, for inspection by the Client.
5. Client Insurance. The Client is required as a booking condition to take out relevant insurance coverage that includes cancellation, injury and medical expenses. The policy must also include cover for sailing including offshore passages for the length of the Programme.
6. Force Majeure. The Company shall not be liable for any expenses incurred due to Force Majeure, including Act of God, weather conditions, strikes, and acts of Government, war or any other occurrence beyond our control.
7. Health. The Client is required to inform the school upon booking of any health issues that may affect your suitability for participating in a Programme. A medical declaration must be completed at the time of booking. If there are any changes between completing the medical declaration and starting the course, the Client must inform the Company in writing. The Company accepts no responsibility for the decision of the physical fitness of the Client to participate in a course. If the Client has any medical problems, it is their responsibility to check with their GP that it is acceptable for them to join the Programme. Students must ensure that any personal medication is brought to the course.
8. Minimum Age. Unless otherwise agreed between the Client and the Company, the Client shall be at least 18 years old at the time of commencement of the course.
9. Booking Provisional. Once an order has been placed courses shall be held for 3 days only for payment to be received. It will not be deemed binding upon the Company until confirmed. If a completed Booking Form and Deposit/Balance are not received within 3 days the Company shall reserve the right to sell the vacancy to another Client and no liability shall attach itself to the Company whatsoever, beyond a refund.
10. Firm Booking. Will be deemed firm once the payment of the minimum Deposit/Balance has been received and there are sufficient students to undertake the course.
11. Company Cancellation. If, for any reason, the Company is unable to fulfil a booking or a vessel becomes unseaworthy for any reason whatsoever, the Company will inform the Client immediately the knowledge is available. No liability shall attach itself to the Company beyond the refund of the full fee paid by the Client(s) or unused portions thereof.
12. Client Cancellation. Cancellation by the Client must be in writing (e-mail is acceptable) and is effective upon receipt by the Company. In the event of cancellation by the Client the following charges shall apply:
a) More than 6 weeks prior to the Programme start date shall result in a loss of 25% of the course fees.
b) Less than 6 weeks shall result in 100% loss of the full Programme fee unless the place can be resold. If the Programme can be resold then 25% of the full Programme fees plus the difference in price between the full Programme fee and the value the Programme was subsequently sold at will be deducted from the refund.
c) The Programme fees shall not be refunded for any reason once the Programme has started.
13. Travel. The Company shall not be responsible for any unused air tickets or unused portions of air tickets or unused services of any kind.
14. Client Delayed Arrival. If a Client is likely to be delayed beyond the start time of the Programme, the Company must be informed as soon as possible. If a Client fails to arrive, for any reason whatsoever including illness, and the Company has not been notified, the course fees will be forfeit.
15. Course Duration. The duration of the courses are (these are only a guide and any variation will be made prior to the course commencing):
a) 2-Day Courses: From approximately 0930 hours the first day until 1700 hours on the last day.
b) 5-Day Courses: From approximately 0930 hours the first day until 1600 hours the last day.
16. Training Vessels. The Company uses training vessels that are well maintained, however, if breakages or mechanical failures occur we ask for your patience and understanding that this can be part of boating. Every effort will be made to ensure the vessel is repaired at the earliest opportunity. If this is not possible, an alternative vessel will be made available. The Company shall not be held responsible for any time the customer feels has been lost, whilst every attempt is made to address any problems that may occur.
17. Skipper’s/Principal’s Decisions. The Principal’s decision is final at all times, on any of the Company’s property and the Company’s vessels, until the Skipper takes over.
a) From the moment the Skipper steps onboard the instruction vessel, in accordance with marine practice, the Skipper’s decisions are final always.
b) All Clients will accept all orders and decisions given to them by the Skipper at all times whilst onboard the Company’s vessel or ashore, for the duration of the Programme until the Programme is complete and the Skipper is no longer onboard the vessel. The Skipper’s authority is total day and night in accordance with Marine Law.
c) If for any reason whatsoever a Client does not accept an order from the Skipper or his designated substitute, whether the Client considers it to be reasonable or not, the Client shall be considered to be in breach of his Articles of sailing. The Skipper shall take any action or decision he considers fit for the well-being of the vessel and crew. If The Client is placed ashore at the nearest port no liability whatsoever shall attach itself to the Company and neither shall the Client have redress for any expenses or unused portion of the fee. Neither any redress against the Skipper or Company as a result of actions taken by the Skipper.
18. Sea Time. Every attempt will be made to give Clients maximum sea time. However, if in the Skipper’s opinion weather conditions, safety or any other consideration renders it imprudent for the vessel to go to sea then the Skipper’s decision is final.
19. Provisioning. During practical training, basic provisions are provided for meals during training hours onboard. Meals and drinks onshore are not included unless specifically stated. Lunch is not included during shorebased courses. Provisioning is not included during private courses or Client own boat tuition.
20. Alcohol. The Company shall not be liable for any accidents that occur whilst a student is under the influence of alcohol. The consumption of alcohol is not permitted whilst underway.
21. Smoking. Smoking is not permitted in any interior space on board any training vessel or in any building used by the Company.
22. Drugs. Recreational drugs of any kind are strictly forbidden onboard any training vessel or in any property used by the Company. If found, or suspected, the Client will immediately leave the course and no monies will be refunded, nor any additional travel expenses reimbursed.
23. Personal Identification. An official means of photographic identification is to be carried by all Clients as all times e.g. HK ID, Passport, etc.
24. Duties Onboard. All Clients will be expected to participate in cooking, vessel cleaning and routine maintenance as required by the Instructor. At the end of the course all Clients will be expected to clean the vessel from stem to stern. Clients who stay onboard for an exam are required to clean the boat once the examiner has left. Failure to do so will incur a cleaning charge of HK$1,500 which will be divided between all Clients onboard.
25. Accommodation Onboard. If a Client has been invited to use a Company vessel for accommodation during a Programme with the Company, rules apply to the arrangement. The accommodation offered is based on the understanding that the vessel be kept clean, tidy and secure at all times. Gas must be turned off at the main gas supply when not in use. It is strictly forbidden to move the boat. It is not permitted for any other person to be onboard unless permission is gained in advance from the Company’s principal. The Client is required to act with duty of care towards the vessel and any Company property. Full rules are available on request.
26. Breakages or Damages. Breakages or damages howsoever caused must be immediately notified to the Skipper or Principal for safety reasons. Clients shall be liable for any loss or damage to the Company equipment or vessel’s equipment up to and including the first HK$5,000 per item.
27. Instruction On Client Yacht. All conditions herein apply, plus the yacht owner is considered to be the ‘Skipper’ of the vessel at all times and is responsible for the vessel, the provisioning and fuel and for ensuring the vessel is fully insured, sea worthy and with all boat papers in date and onboard to satisfy the local port authority and maritime law of the country in which the training is taking place. If any accidents occur onboard during training the claim is to be made against the insurance of the boat. The Company shall not be liable for any incidents or accidents onboard. The owner must notify their insurance company that there will be a qualified instructor onboard delivering tuition but the owner remains the skipper at all times. It is also agreed that the owners insurance is fully comprehensive and covers all aspects of normal marine insurance for the area in which the skipper is expected to sail. The owner will be expected to reimburse any travelling or out-of-pocket expenses for the Instructor from the RHKYC base to wherever the vessel is lying, and the return journey plus salary on a pro-rata fee rate, if applicable.
28. International Certificate of Competence. The International Certificate of Competence (ICC) is available to British subjects, bona fide British residents or person’s resident outside the UNECE. The Company can provide full eligibility details on request.
29. Certificates. Certificates will only be issued at the end of a course if, in the opinion of the instructor/examiner, the Client has reached the standard required. The decision is final and to be accepted by all students. Many certificates are issued in the UK by an external authority; please allow time for receipt, processing and return delivery. As a general rule all certificates are returned to the Company unless the Client has expressly requested otherwise. The Company provides a mail/courier forwarding service and will advise the relevant cost to the Client. The Company will not be held responsible for any delays in receipt, nor any loss if delivery has been requested to an address other than that of the Company. Lost certificates will incur a re-issue charge to cover costs of replacement, administration and postage.
30. Examinations. If an examination has to be cancelled or postponed for whatever reason, the Client may ask to be reimbursed the examination fee or to be offered a future examination date. If the examination has to be cancelled due to adverse weather, the Client contribution towards examiner’s expenses is forfeit according to the costs already paid for travel expenses. Examiner travel expenses for the re-arranged examination date must be shared between the exam Clients.
31. Complaints. Notice of any complaint should be made to your instructor/examiner at the time of the complaint arising. If the complaint cannot be resolved onboard, then the complaint should be made in writing to the principal of the Company and will be dealt with as a matter of importance.
32. Dispute. Any dispute should be brought to the attention of the skipper or Company 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 Hong Kong. Any dispute arising from or in connection with these terms and conditions shall be submitted to arbitration in Hong Kong in accordance with the rules of the Hong Kong International Arbitration Centre (HKIAC). The language of the arbitration shall be in English. The tribunal shall consist of one arbitrator appointed in accordance with the rules of the HKIAC.
33. Royal Yachting Association. The Company is a recognised training centre of the Royal Yachting Association and is subject to regular inspections to ensure quality of training. If you have any issues with the training provided by the Company we ask that you first inform the Company principal.
E-Learning (RYA & APY Courses)
34. Once payment has been made and confirmed the Client will be sent the RYA Student Pack. Additional fees may be applied to addresses outside of Hong Kong. The Client will also be sent the website login details to access the Programme.
35. Once the Programme has been sent to the Client the cost cannot be refunded.
36. Clients must have access to the internet and email to undertake the Programme.
37. Clients will need to provide a plotter, dividers, 2B pencils and paper.
38. We will provide direct access to a course instructor via online and telephone support to each Client to assist in achieving their aims.
39. By enrolling in the Programme you confirm that the Company may hold necessary personal information about you including your name, address, programme booking, payment and programme record. The Company will not disclose information about Clients unless we are legally obliged to do so or a Client has agreed in writing in advance.
40. Every effort has been made to ensure the accuracy of the programme information. However, we cannot accept any liability for errors, omissions or inaccuracies in the programme content. We continuously improve the programme content and welcome any feedback from Clients to improve the quality of the course.