CONDITIONS relating to Shorebased Courses undertaken or delivered by Surrey Shorebased
In these Conditions the following expressions have the following meanings:
Surrey Shorebased means the firm or business trading under the name Surrey Shorebased and includes its principal and any employees and associates; it is sometimes referred to as 'we', 'our' or 'us';
'classroom' means a room in which the course is delivered;
'course' means programme of learning / tuition;
'Enrolment form' means a web-based form published on the Surrey Shorebased internet pages;
'learner' is a person enrolling, enrolled or wishing to enrol for a course; they are sometimes referred to as 'you' or 'your';
'RYA' means the Royal Yachting Association;
'Shorebased' means a course carried out on land.
(ii) Nature of Shorebased Courses
Attendance on a Shorebased course should not present any more of a risk than attending a course in any school. Whilst every effort will be made to accommodate students with physical or other difficulties it may not always be possible.
We are fully insured against accidents and third party liability, but responsibility is not accepted for personal accidents, damage or loss due to your negligence.
Unnecessary damage and losses attributed to carelessness of a student will be paid for by the student at replacement price, fair wear and tear accounted for.
(iii) Children under 18
Children under 18 are not accepted on courses unless accompanied at all times by a parent ot guardian.
(iv) The classroom
A classroom is usually a modern log cabin situated on our premises with a normal capacity of 4 students for courses involving chartwork and a maximum capacity of 8 at any time.
The classroom may alternatively be in part of a public building which we have rented. Such a building may be expected to be clean with toilet facilities and fire escapes. Adequate car parking cannot be guaranteed.
You are expected to comply with any rules governing the use of such building.
If you think that the location and environment for your course is not a suitable place for you to learn, you must tell us as soon as possible, but we cannot guarantee to meet your requirement for change.
Surrey Shorebased will not be liable for any damage to any vehicle that you have parked at or near the classroom, or for any loss or damage to personal possessions.
(v) Shorebased courses leading to certification to be issued by the RYA may also be subject to :
the RYA's own conditions and requirements upon learners and providers of courses with which Surrey Shorebased is obliged to comply.
specific conditions and requirements, details of which will be available prior to enrolment.
(vi) Course accreditation
Our Shorebased courses are conducted to syllabus and accreditation standards set by RYA.
The awarding of a certificate of competence to a learner who has completed a course is entirely in the discretion of Surrey Shorebased.
A learner to whom a certificate of competence is not awarded has the right to complain, giving reasons. Complaints must be addressed first by way of request for review to Surrey Shorebased or if you do not agree with our decision on review secondly to the RYA.
If no certificate is awarded to a learner, you may be able to re-sit the assessment or examination, but in that case:
Surrey Shorebased will make a charge for any extra work.
For some courses the RYA may also make an additional charge for the re-sit.
Should you, for any reason, feel that the course may not have met your expectations, it is vital that you raise the issue at the earliest opportunity, so that we may rectify it as soon as possible.
We may not be able to offer alternative arrangements after the course is completed if the issue could have been solved during the course.
Occasionally we may use feedback and photos in promotional material, if you have an objection to this please let us know in writing.
(vii) 'SRC' Courses
‘SRC’ means 'Short Range Certificate' and is the 'licence to operate' that a learner requires in order to legally transmit messages on Marine band VHF radio. The licence is issued by RYA on behalf of The Office of Communications (Ofcom) and the Maritime and Coastguard Agency (MCA) in the United Kingdom.
'on-line' means through an Internet connection.
(viii) SRC Assessments
Surrey Shorebased is recognised by RYA to be able to conduct SRC operators assessments, also known as 'SRC examination' and sometimes referred to as the 'SRC Practical Assessment'.
The licence application fee, which is payable before the learner takes the operators assessment, must be paid directly to RYA by the learner through an 'on-line' application and payment. Each student must pay Surrey Shorebased for the SRC training course whether interactive or classroom based.
After a learner has made the payment and supplied the data that RYA requires, the RYA will send to the learner an 'application form' attached to E-mail. The learner is responsible for:
printing the application form on paper, and
bringing a signed copy of this to the assessment,
bringing also a passport size (45mm high by 35mm wide) colour photograph with their name clearly written IN CAPITALS on the back in pencil.
Surrey Shorebased will offer a learner a mutually acceptable date and time for the SRC operators assessment which they will agree to attend, giving their acceptance by E-mail or by telephone.
Surrey Shorebased will provide the equipment and make arrangements for a qualified SRC examiner to attend for the assessment. The examiner will collect the signed application forms and the photographs.
Surrey Shorebased will not be liable to any costs that students may incur, if it is not possible to conduct the 'SRC operators assessment' on the date agreed, for any reason.
If a learner attends the assessment and fails to supply the signed application and / or photograph, or fails to attend, that learner will be liable to pay Surrey Shorebased costs which were incurred on their behalf, for arranging the assessment.
RYA's terms and conditions concerning SRC applications will also apply.
(ix) The Course date(s)
Surrey Shorebased conducts RYA Shorebased courses for the benefit of small numbers of people at any one time. Sometimes it is necessary to have a minimum number of learners for a course; sometimes we operate a 'waiting list' for a course as insufficient learners wish to take such a course at that time.
We often discuss with our learners to find a date or a group of dates that will enable a number of learners to be able to attend the course on the same date(s). We may have sought your agreement about the date(s) before you have enrolled with us for the course.
If Surrey Shorebased offers a course on a date or over a period of dates so that the teaching and assessment of a learners on that course may be completed, based on the positive indication of a number of people showing agreement of that date or dates, and subsequently one of those persons does not enrol and pay for that course, Surrey Shorebased reserves the right to cancel or postpone the course for others even if they have already enrolled and paid for their course. In this case, Surrey Shorebased will make a full refund of any course fees paid. That is the limit of our liability to any learner.
(x) Enrolment and Payment
Learners will enrol by completing an Enrolment form applying for a place on a specified course proposed to be held on suggested date(s) and submitting it to Surrey Shorebased.
Submission of an Enrolment Form to Surrey Shorebased implies acceptance of these Conditions of Business.
Upon receipt of a completed Enrolment Form, we shall issue an Invoice confirming the cost of the course and specifying the required means for payment and conditions relative to those.
A learner will not be considered as enrolled until both the Enrolment form is completed and submitted and the required payment made in the manner indicated.
If a learner fails to pay the course fees owing, the learner may be prevented from completing the course and will not be entitled to a refund of any monies already paid.
If a learner has a problem in attending a course on the day or days for which they have enrolled, for any reason they must inform Surrey Shorebased as soon as possible.
If a learner notifies Surrey Shorebased in good time, an attempt may be made to re-schedule the teaching session, but if other learners on the same course are unable or unwilling to agree to the re-scheduling, the course may still take place on the originally agreed date.
Any learner who cancels attendance (or fails to attend) at a Shorebased course
shall not be entitled to a refund of any monies paid, and
agrees to indemnify and keep indemnified Surrey Shorebased against all costs claims damages and expenses whatsoever resulting from their cancellation or non-attendance.
You are strongly advised to arrange your own insurance cover, for cancellation, injury, personal belongings and personal liability
(xii) Force Majeure
In the event that Surrey Shorebased is delayed in or prevented from providing a course on any agreed date(s) for any reason (including (without limitation) illness of the course leader, unavailability of location or due to any other cause whatsoever beyond its reasonable control), Surrey Shorebased shall be at liberty to cancel, suspend or postpone the course without incurring any liability for any loss or damage arising therefrom.
Without prejudice to the above paragraph, Surrey Shorebased may attempt to contact all affected learners to notify them of the difficulty, and seek agreement with all relevant learners to re-schedule the dates for that course.
if it proves not to be possible to achieve agreement to a re-scheduled date, Surrey Shorebased
may cancel the course and may refund all teaching fees paid by a learner for that course;
will not be liable for any other costs incurred by the learner as a result of the cancellation, including (without limitation) any monies paid for course books, materials or tools purchased.
The provision to Surrey Shorebased by any learner of their email address implies:
the learner's warranty that the address is and will remain valid for the duration of the course;
their agreement to that email address being used by us for all purposes of communication and acceptance that no other written correspondence will be entered into.
the learner's acknowledgement that the principal of Surrey Shorebased will often be out range of internet access (e.g. on a boat) and that therefore emails sent to us will not be deemed to have been received until a return acknowledgement email is sent by us.
(xiv) General data protection policy
Surrey Shorebased will only collect and retain personal data in line with the General Data Protection Regulations.
Only the minimum amount of data will be collected and in most cases this will consist of names and email addresses only. Postal addresses will be required in cases where documents need to be delivered by post. This data will not be disclosed to any third party except as required by law or the RYA
Data will only be retained as long as necessary for administration of the courses
Business records will be retained in accordance with HMRC requirements and after that period has expired all data held by Surrey Shorebased will be removed from our storage.
(xv) Data handling specific to RYA interactive SRC courses:
To enable access to your online course we need to share some of your personal data with the RYA via your user profile in www.ryainteractive.org. This learning management website is hosted and maintained by a third party called Learning Pool, who will not use your personal information for any reason other than enabling your course.
Your name and email address will be entered on www.ryainteractive.org in order to create your user account. On your first access to the site, you will be asked to enter your address and date of birth. You will have access to the site for one year in order to complete your online course. During this period, your personal information will be held on the website by Learning Pool and be available to this training centre and the RYA for the purpose of managing your course.
Instructional support will be provided by this training centre for a period of 12 months from the date of your course booking.
On completion of your course, your name, email, date of birth and address will be transferred to the RYA's central database for the purpose of recording details of the course and any certification you gain as a result of it. This information allows the RYA to record your certification, to update any records they may already hold about you or your qualifications and to verify your certificate if required. After one year from the date of your enrolment on the course, your user account will be removed from www.ryainteractive.org.
Full details of how the RYA will deal with your personal information will be displayed when you first access www.ryainteractive.org.