Mallorca Sailing Academy

Corserv Group Limited trading as Mallorca Sailing Academy

("the School", "we", "us", "our")

EFFECTIVE DATE: 3 November 2025

These Terms and Conditions ("Terms") govern all bookings and participation in RYA-recognised training courses provided by the School. By booking a course, you ("the Student", "you", "your") agree to be bound by these Terms. If you are booking on behalf of a person under 18 years of age, you confirm you are their parent or legal guardian, that the minor will participate WITH you as a co-participant in the same course, and you accept full responsibility for their conduct and safety throughout.

1. INTRODUCTION AND INTERPRETATION

1.1 Scope and Application

These Terms apply to all RYA-recognised courses delivered by the School, whether conducted on the water, in the classroom, or as hybrid/blended learning. Our School operates as a Recognised Training Centre (RTC) under the Royal Yachting Association and commits to maintain all RYA Recognition Guidance Note requirements at all times.

1.2 Course Delivery Language

All RYA courses are delivered exclusively in English. Students must possess sufficient spoken and written English to:

• Understand and follow safety instructions
• Comprehend course material and syllabi
• Participate in theoretical and practical assessments
• Communicate effectively with instructors and fellow students

The School does not permit the use of translators for any course. If you have concerns about your English proficiency, please contact us before booking to discuss suitability.

1.3 Binding Agreement

By completing a booking, paying any deposit or fee, or participating in any course, you confirm your acceptance of these Terms in their entirety. These Terms constitute the complete agreement between you and the School regarding course provision and supersede any prior negotiations, representations, or agreements, whether written or oral.

2. STUDENT ELIGIBILITY AND FITNESS

2.1 Minimum Age Requirements

IMPORTANT: The School only accepts students under 18 years of age if they participate WITH their parent or legal guardian enrolled in the same course as a co-participant.

For courses with no specified minimum age, students must be at least 12 years old. A parent or legal guardian must be co-enrolled in the same course and present throughout all course activities.

The minor student and their parent/guardian will be assessed together and must both demonstrate competence to receive certification.

2.2 Medical Fitness and Health Declaration

All students must complete and sign a Medical Fitness and Health Declaration form before course commencement.

You declare that you are in good health and are physically and mentally fit to participate in the course. You must disclose:

• Any medical conditions, disabilities, or impairments
• Any medication you are taking
• Any allergies or dietary requirements
• Any physical limitations or mobility issues
• Any mental health concerns that may be relevant
• Any respiratory, cardiovascular, or balance disorders
• Pregnancy (if applicable)
• Recent surgery or injury
• Any other condition that could affect your safety or the safety of others

For students under 18: The parent/guardian must also complete their own Medical Fitness Declaration and disclose any conditions relevant to their ability to supervise and participate.

Failure to disclose relevant medical information may result in:

• Immediate removal from the course without refund
• Liability for any resulting injury or incident
• Claims against you for costs incurred

The School reserves the right to request medical certification or clearance from your GP for certain conditions, including but not limited to: asthma, diabetes, heart conditions, epilepsy, and any condition affecting balance or coordination.

2.3 Fitness Assessment

Upon arrival at the course, instructors will conduct a fitness assessment. The School reserves the right to refuse participation if an instructor reasonably believes:

• A student is unfit to participate safely
• A student poses a risk to themselves or others
• Medical information has not been honestly disclosed
• A student appears to be under the influence of alcohol or drugs

For students under 18: Both the minor and their parent/guardian must pass the fitness assessment. If either is deemed unfit, neither will be permitted to participate.

No refund will be provided in such circumstances beyond the cost of instructor travel expenses if applicable.

2.4 Confidentiality of Health Information

All medical information is treated as confidential and handled in accordance with GDPR and data protection requirements. Medical forms are retained only for the duration of the course and destroyed securely thereafter, except where the School is required to retain records for safety, incident investigation, or legal purposes (up to 10 years).

3. STUDENTS UNDER 18 YEARS OF AGE

3.1 Parent/Guardian Co-Participation Requirement

The School only accepts students under 18 if a parent or legal guardian:

• Is co-enrolled in the SAME course
• Participates in ALL course activities (on-water and classroom)
• Is present from course start to finish (no exceptions)
• Accepts joint responsibility for the minor's conduct and safety

A parent/guardian observing from shore or participating in a different course does NOT meet this requirement.

3.2 Parental Responsibility and Liability

The parent or legal guardian assumes full responsibility for:

• The student's conduct throughout the course
• Supervision during all course activities
• Ensuring the student complies with all School rules and instructor directions
• Ensuring both adult and minor are medically fit to participate
• Any consequences arising from the student's actions or non-compliance
• Any injury or loss to the student (the parent/guardian supervises their own child)

By agreeing these Terms, the parent/guardian:

• Acknowledges they are solely responsible for their minor child's safety and conduct
• Accepts that the School's duty of care is to provide instruction to both adult and minor, not substitute supervision for the parent
• Accepts all risks associated with their child's participation
• Releases the School from liability for the child's actions (except gross negligence)
• Agrees that any injury to the child is assumed at the parent's risk

3.3 Safeguarding Commitment

The School maintains robust safeguarding policies compliant with RYA Safeguarding and Child Protection Guidelines. Students under 18 are entitled to a safe learning environment free from abuse, harm, exploitation, or discrimination.

The School has appointed a designated Safeguarding Officer responsible for child protection matters. Any safeguarding concerns should be reported immediately to [INSERT OFFICER NAME AND CONTACT DETAILS].

3.4 Photographic Consent

By accepting these Terms, parents/guardians confirm that photographs may be taken during courses for instructional, safety, or promotional purposes. If you do not consent to photography, you must notify the School in writing before the course begins.

3.5 No Separate Childcare or Supervision

The School does not provide childcare, supervision, or separate instruction for minors. A parent/guardian must be actively participating in the same course. The School is not responsible for monitoring or caring for minors during course breaks, meal times, or outside formal instruction hours. The parent/guardian remains solely responsible for their child at all times.

4. BOOKING, PAYMENT, AND CONFIRMATION

4.1 Booking Methods

Bookings are accepted through:

• Our website (mallorcasailing.com)
• Our authorised booking platform (FareHarbor)
• Direct contact with the School

Telephone bookings will be held without payment for a maximum of 24 hours only.

4.2 Payment Terms

• A non-refundable deposit as stated during the booking process is required to secure your place
• For bookings made more than 6 weeks before the course start date: a minimum 50% non-refundable deposit is required per person
• For bookings made within 6 weeks: full payment is required at booking per person
• The balance of fees (if applicable) must be received by the date specified in your booking confirmation
• All payments must be cleared before the course commences

For students under 18: Both the adult and minor are charged separate course fees. Both must pay deposits/fees independently.

Non-payment consequences: If payment is not received by the deadline, the School reserves the right to:

• Cancel your booking and resell the course
• Retain the deposit
• Pursue legal recovery of outstanding amounts

4.3 Course Confirmation

A booking is not confirmed until:

• The School has received full or deposit payment for all co-participants
• The School has received completed Medical Fitness Declaration forms for all co-participants
• For students under 18: both the minor and parent/guardian forms are received
• The School has issued written confirmation (via email)

No course place is reserved until written confirmation is provided.

4.4 Booking Amendments and Date Changes

Requests to change course dates will be accommodated where possible, subject to:

• Availability of alternative dates
• An administration fee of £35 per person (non-refundable)
• Written request submitted at least 14 days before the original course start date

Changes requested within 14 days of the course start date cannot be guaranteed and may be subject to the cancellation policy.

4.5 Pricing and Currency

Course prices are displayed in EUR and are valid for the dates specified. The School reserves the right to amend prices with 30 days' written notice for future bookings. Exchange rates are fixed at the time of payment.

5. MINIMUM COURSE NUMBERS AND COURSE VIABILITY

5.1 Minimum Enrolment Requirement

Each course requires a minimum of three (3) students enrolled to proceed. This minimum ensures:

• Compliance with RYA safety and supervision requirements
• Optimal learning and group dynamics
• Adequate supervision ratios
• Economically sustainable operations

5.2 Course Cancellation Due to Insufficient Numbers

If the minimum number is not met by 14 days before the scheduled course start date, the School will:

Option A: Cancel the course and offer students a choice of

• Transfer to an alternative course date at no additional cost
• Full refund of all course fees paid (including non-refundable deposits)
• Postponement of the course to a later date (if both parties agree)

Option B: Proceed with the course (at the School's sole discretion)

• If the School chooses to proceed with fewer than three students, the discounted rate will not apply
• Students enrolled will be notified and offered the choice to proceed or cancel with full refund
• The School will confirm final viability by 14 days before the course start date

5.3 Notification of Course Viability

The School commits to notifying students of course viability by 14 days before the scheduled start date. The School will use the contact details provided in the booking form (email and/or telephone).

6. STUDENT CANCELLATIONS AND WITHDRAWALS

6.1 Cancellation Procedure

All cancellations must be submitted in writing via:

• Email to admin@mallorcasailing.com, will@mallorcasailing.com
• Contact form on mallorcasailing.com
• Written correspondence to Corserv Group T/A Mallorca Sailing Academy Corserv house 118a Newmarket rd Bury St Edmunds IP33 3TF UK

Cancellations are effective from the date the written request is received by the School.

6.2 Cancellation Timeline and Refund Policy

Cancellation more than 30 days before course start date:

• Deposit: Refunded minus €35 admin fee deduction

Cancellation 14-30 days before course start date:

• 50% of total course fee retained by School
• 50% of total course fee refunded

Cancellation less than 14 days before course start date:

• Full course fee retained by the School (non-refundable)
• No refund offered

6.3 Re-selling of Places

If your place is re-sold to another student following your cancellation, the balance of the course fee (minus admin fee of €35) will be refunded, regardless of the cancellation notice period.

6.4 Withdrawal from a Course in Progress

Students who withdraw from a course after it has commenced forfeit all fees. No refund or pro-rata reduction will be offered for partial attendance. The School may permit completion of theoretical components at no additional cost if withdrawal is due to medical or bereavement of immediate family reasons (at the School's discretion).

6.5 No-Show Policy

Students who fail to arrive on the course start date without prior notification to the School forfeit all fees. The School will attempt to contact you, but failure to make contact does not alter the forfeiture of fees.

7. SCHOOL CANCELLATIONS AND POSTPONEMENTS

7.1 Right to Cancel or Postpone

While the School makes every effort to deliver all scheduled courses, the School reserves the right to cancel, postpone, or modify a course due to:

• Illness or unavailability of the instructor or Chief Instructor
• Incapacity or mechanical failure of training vessel(s)
• Unsuitable weather or sea conditions presenting unmanageable safety risks
• Insufficient enrolment (fewer than three confirmed students by 14 days before start date)
• Force majeure events beyond the School's reasonable control, including but not limited to:
  • Natural disasters (storms, earthquakes, etc.)
  • Government action or regulation
  • Port closure or access restrictions
  • Acts of war, terrorism, or civil unrest
  • Pandemic, epidemic, or public health emergency
  • Industrial action or strikes

7.2 Student Options in Event of School Cancellation

If the School cancels or postpones a course, students will be offered:

Option A: Transfer to an alternative course date

• No additional course fee payable
• Administration fee (£35) waived

Option B: Full refund of all fees paid

• Refund of full course cost and deposits
• Refund processed within 14 working days
• No liability beyond refund of fees

The School will contact students by email and telephone (using contact details provided at booking) within 48 hours of the decision to cancel.

7.3 Limitation of Liability for School Cancellation

The School shall not be liable for any losses, costs, or expenses incurred by students, including but not limited to:

• Air travel, train tickets, or other transportation costs
• Accommodation expenses
• Pre-booked connecting services or activities
• Lost wages or income
• Costs of alternative courses
• Inconvenience or disappointment

Refund of the course fee is the sole and exclusive remedy available to students in the event of School cancellation.

8. INSURANCE REQUIREMENTS

8.1 Mandatory Travel Insurance

All students are required to hold valid travel insurance from the time of booking through to the end of the course. Travel insurance must provide comprehensive cover for:

• Course cancellation or course curtailment by the School
• Instructor illness or unavailability
• Vessel or equipment breakdown
• Adverse weather conditions
• Medical treatment (including emergency evacuation)
• Personal accident cover suitable for water sports
• Repatriation to home country (if applicable)

8.2 Additional Insurance Recommendations

The School strongly recommends insurance also covers:

• Loss of personal belongings and luggage
• Travel delay
• Cancellation due to personal illness or bereavement
• Lost or damaged passport
• Legal expenses
• Personal liability (third-party injury or property damage)
• Water sports accidental damage

8.3 No Liability for Inadequate Insurance

The School accepts no liability for any loss, injury, expense, or damage arising from:

• A student's failure to obtain adequate insurance
• A student's failure to disclose relevant activities to their insurer
• Insurance claims rejected due to non-disclosure or breach of policy terms
• Gaps or exclusions in a student's insurance cover

Students are solely responsible for ensuring their insurance is appropriate, active, and comprehensive.

8.4 School Insurance

The School maintains public liability insurance and professional indemnity insurance meeting RYA requirements. Details of cover limits are available upon request. However, students' insurance requirements are independent of the School's insurance and do not transfer liability to the School's insurer.

9. STUDENT RESPONSIBILITIES AND CONDUCT

9.1 Instruction Compliance

Students must:

• Follow all instructions given by the instructor, Chief Instructor, or any School staff at all times
• Adhere to the RYA Code of Conduct
• Maintain professional and respectful behaviour toward instructors, staff, and fellow students
• Comply with all Safety Rules and procedures (detailed in Course Joining Instructions)
• Wear prescribed safety equipment (e.g., lifejackets, harnesses) as directed
• Respect all School property, vessels, and equipment

9.2 Alcohol and Drugs Policy (Zero Tolerance)

The School operates a zero-tolerance policy on illegal drugs and substance abuse:

Alcohol:

• Alcohol consumption is prohibited less than 10 hours before any course activity
• Mild alcohol consumption is permitted while ashore in port, at the discretion of the Skipper/Instructor
• Any student suspected of being under the influence of alcohol will be breathalyzed; refusal to submit to testing will be treated as a positive result
• The Skipper/Instructor may require an offender to remain in port or be disembarked at the nearest safe location
• Departure may be delayed or cancelled at the Skipper's discretion

Illegal Drugs:

• The School has a strict zero-tolerance policy on illegal drugs
• Any student found in possession of, or suspected of being under the influence of, illegal drugs will be immediately disembarked
• The student will forfeit all fees and must arrange their own transport home
• The School may report the matter to relevant authorities
• The student may be banned from future courses

9.3 Behaviour and Course Removal

The School reserves the right to remove any student from a course without refund if their behaviour is:

• Unsafe or poses a hazard to themselves or others
• Disruptive to the learning environment
• Abusive toward instructors, staff, or fellow students
• Contrary to good seamanship practices
• Unlawful or criminal

Removal decisions are at the sole discretion of the Skipper/Instructor or Principal, whose decision is final.

For students under 18: If a minor is removed, the parent/guardian co-participant is also removed. No refund is provided.

9.4 Duties and Participation

All students are expected to participate in course-related activities, including:

• Daily vessel preparation and rigging
• Cooking and meal preparation
• Vessel cleaning and maintenance
• Watch-keeping and crew duties as assigned
• Any other tasks reasonably directed by the Instructor

At the end of the course, all students are expected to thoroughly clean the vessel from bow to stern.

9.5 Vessel Skippers' and Instructors' Authority

From the moment the Skipper or Instructor boards the training vessel, their authority is absolute and final in accordance with maritime law and practice. All students must:

• Accept all orders and decisions given by the Skipper/Instructor at all times
• Comply immediately with any instruction
• Not question or dispute orders while the vessel is underway

Students who refuse to accept orders, or who question the Skipper's/Instructor's authority, will be considered in breach of contract and may be:

• Removed from the vessel at the nearest safe port
• Required to arrange their own transport home at their expense
• Disembarked without refund of any fees or access to unused course time

10. ASSUMPTION OF RISK AND INHERENT HAZARDS

10.1 Nature of Sailing Activities

Students acknowledge that sailing, powerboating, and all related water sports involve inherent risks of serious injury, illness, or death, including but not limited to:

• Drowning or water immersion
• Collision with other vessels or objects
• Falls from vessels, rigging, or ladders
• Entanglement in rigging or equipment
• Hypothermia or heat-related illness
• Spinal injury or crush injuries
• Blunt force trauma
• Decompression illness (for diving-related courses)
• Sun exposure and UV damage
• Slipping and falls on wet surfaces
• Seasickness or motion-related injury

10.2 Voluntary Assumption of Risk

By participating in this course, students voluntarily assume all risks associated with water-based activities. Students acknowledge that:

• These risks cannot be completely eliminated by instruction, training, or precautions
• Accidents and injuries can occur even when safety procedures are followed
• Serious injury or death is a possible outcome of participation
• They understand and accept these risks

10.3 Safety Measures

The School maintains comprehensive safety procedures and equipment in accordance with RYA standards, including:

• Personal flotation devices (PFDs/lifejackets) for all participants
• First aid and emergency medical equipment
• Communication and emergency signalling equipment
• Safety briefings before all on-water activities
• Qualified instructors with current medical and safety certifications
• Emergency action plans and procedures

However, students acknowledge that these measures reduce but do not eliminate risk.

10.4 Acceptance of Inherent Risk

Students' participation constitutes acceptance that:

• They have freely chosen to participate with full knowledge of the risks
• They accept personal responsibility for the consequences of their participation
• The School's precautions, while comprehensive, do not guarantee safety

11. LIABILITY LIMITATION AND EXCLUSION

11.1 General Liability Limitation

To the maximum extent permitted by law, the School's total liability for any claim, loss, or damage arising from or connected with the course, instruction, or use of School facilities, vessels, or equipment shall be limited to the total course fee paid by the student.

This cap applies to all claims, whether arising in contract, tort (including negligence), breach of statutory duty, or any other legal basis.

11.2 Excluded Liability

The School shall not be liable for any of the following:

A. Indirect, Consequential, or Special Damages:

• Loss of profits or business revenue
• Loss of anticipated savings
• Loss of contracts or business opportunity
• Loss of goodwill or reputation
• Loss of use or enjoyment
• Loss of personal effects or luggage (except as specifically noted in section 11.3)
• Loss of income, wages, or earnings
• Cost of substitute courses or alternative activities

B. Third-Party Claims:

• Liability for claims by other course participants
• Liability for damage to third-party property
• Liability for personal injury to third parties (unless caused directly by the School's gross negligence)

C. Damage to Personal Property:

The School accepts no liability for loss of, theft of, or damage to:

• Vehicles parked at marina grounds, public car parks, or on road parking
• Personal belongings, luggage, or possessions on the vessel, pontoons, or ashore
• Electronics, cameras, or valuables
• Clothing or diving equipment (except as provided by the School)
• Any items in vehicles, cabins, or shared spaces

Students participate in use of all facilities and areas at their own risk. The School recommends leaving valuables ashore or in secure storage.

D. Consequential Injury or Loss:

• Secondary injuries or complications arising from initial injury
• Psychological or emotional distress
• Loss of future sporting opportunities

11.3 Limited Exception: Personal Injury from School Negligence

Nothing in these Terms limits or excludes the School's liability for:

• Death or personal injury caused by the School's negligence
• Gross negligence or wilful misconduct by the School, its instructors, or agents
• Fraud or fraudulent misrepresentation
• Liability that cannot lawfully be excluded under UK consumer protection law

However, liability for personal injury is limited to:

• Cost of emergency medical treatment
• Reasonable cost of repatriation to home country
• The total course fee paid

The School does not accept liability for ongoing medical care, rehabilitation, ongoing treatment, or loss of earnings following an injury.

11.4 Liability Release and Waiver

By participating, students release the School, its owners, officers, employees, agents, and instructors from any and all liability for injury, illness, death, loss, or damage arising from or connected with the course.

This release applies to all claims except those arising from gross negligence or unlawful conduct.

12. VESSEL OPERATIONS AND CHANGES

12.1 Training Vessel Specification

All training vessels meet or exceed RYA standards for the courses being delivered. Vessel details, including type, size, and equipment, are available on the School's website and in course joining instructions.

12.2 Vessel Changes or Substitution

The School reserves the right to substitute or change the designated training vessel if:

• The scheduled vessel becomes unavailable, unseaworthy, or unsuitable
• Equipment fails or requires urgent repairs
• Mechanical issues develop
• Safety concerns arise
• Weather or sea conditions necessitate a change

A change of vessel does not invalidate the booking or these Terms and Conditions. If a substitute vessel is fundamentally unsuitable (e.g., significantly different type or capability), the School will:

• Offer to reschedule to a date with an appropriate vessel
• Provide a full refund of fees paid

12.3 Vessel Seaworthiness

The School warrants that all training vessels are:

• Fully seaworthy and suitable for the course being delivered
• Certified by relevant maritime authorities
• Maintained to the highest safety standards
• Equipped with all legally required and RYA-recommended safety equipment

Students may request to inspect the vessel before the course begins.

12.4 Instruction on Your Own Vessel

If a student requests tuition on their own private vessel, the following additional conditions apply:

• The vessel must be equipped to RYA minimum standards for the course
• The vessel must be certified seaworthy by a qualified marine surveyor
• Third-party liability insurance (minimum £5 million) must be in place
• The owner must notify their insurance company of the qualified instructor presence
• The owner remains the legal skipper and holds legal responsibility
• The instructor must have unobstructed access to all vessel systems and controls
• All bedding, victuals, and necessary provisions must be provided by the owner
• The instructor has the right to refuse to deliver tuition if the vessel is deemed unsuitable or unsafe

Additional charges apply for instructor travel beyond 5 miles from the School's base, calculated at €1 per km for each journey leg.

13. WEATHER, SEA CONDITIONS, AND OPERATIONAL DECISIONS

13.1 Weather Considerations

The School makes every effort to ensure maximum sea time and practical experience. However, the Skipper/Instructor's safety assessment is paramount. The Skipper's or Instructor's decision regarding weather suitability is final and will not be overridden.

The Skipper/Instructor will cancel or modify course activities if they reasonably believe:

• Weather conditions present unmanageable safety risks
• Sea conditions are unsuitable for the vessel type or student ability
• Visibility or water temperature pose hazards
• Wind speed or direction exceeds safe operating limits
• Any other safety concern exists

13.2 "Slow Down" Rule

If course activities must be delayed or curtailed due to weather, students will not be entitled to:

• Course fee reductions or refunds
• Compensation for delayed start
• Alternative free tuition to "make up" lost time

Acceptable alternative tuition may be offered, but this is at the School's discretion.

13.3 Modifications to Course Content

While the School endeavours to deliver the full course syllabus as published, the Skipper/Instructor reserves the right to modify course content, exercises, or structure if:

• Weather or sea conditions necessitate changes
• Safety concerns arise
• Student ability levels require adjustment
• Equipment or vessel limitations apply
• Port or local authority rextrictions are in force

Students acknowledge that all reasonable attempts will be made to deliver the complete course, but some topics may be covered in theory rather than practical application.

13.4 Course Continuation in Adverse Conditions

If adverse weather is forecast, the School may:

• Proceed with course activities as planned (if safe to do so)
• Relocate to a sheltered alternative location
• Cancel the course entirely (refund terms apply - see section 7)

Decisions will be made by the Principal and/or Chief Instructor and communicated to students as soon as practical.

14. INJURY, ILLNESS, AND EMERGENCY PROCEDURES

14.1 Medical Emergency Response

In the event of a medical emergency on the water:

• The Skipper/Instructor will take immediate action to ensure safety
• Emergency services (coastguard, lifeboat, helicopter) will be activated if necessary
• The student will be evacuated to the nearest suitable location
• First aid will be provided by qualified personnel

Students and their parents/guardians accept that:

• Emergency evacuation by helicopter or lifeboat may be necessary
• Evacuation costs (if any) are the responsibility of the student or their insurance
• The School is not liable for costs associated with emergency medical treatment or evacuation

14.2 Illness During Course

Students suffering from illness during the course may:

• Receive first aid from qualified School staff
• Be transferred ashore for medical attention
• Be required to withdraw from the course (no refund)
• Require repatriation at their own expense

The School will advise the student's emergency contact and next of kin as appropriate.

14.3 Accident and Incident Reporting

All accidents, injuries, or incidents occurring during the course must be reported immediately to the Skipper/Instructor or Principal. An Incident Report Form must be completed by the student and/or instructor for:

• Any injury, however minor
• Equipment damage or vessel damage
• Near-miss incidents or hazardous situations
• Unsafe conduct or breaches of procedure
• Weather or environmental hazards encountered

Incident reports are retained by the School for safety, learning, and insurance purposes and may be shared with the RYA upon request.

15. COURSE STANDARDS AND CERTIFICATION

15.1 RYA Certification

Successful completion of an RYA course entitles students to RYA certification. Certificates are issued only upon:

• Completion of all required course components
• Demonstrated competence in practical and theoretical assessments
• Achievement of required standards as determined by the instructor
• Satisfactory conduct and compliance with course rules

The Principal's and Instructor's decision regarding certification is final and not subject to appeal.

15.2 Failure to Achieve Required Standards

If a student fails to demonstrate the required standard:

• No RYA certificate will be issued
• No refund or course fee reduction will be provided
• The student may request to retake the course (new fees apply)
• The School reserves the right to decline future enrolment

15.3 Reassessment and Revalidation

Students who do not achieve certification may request reassessment. Reassessment is provided at the School's discretion and is subject to:

• Full reassessment fees (not discounted)
• Availability of instructor time
• Demonstrated improvement since the initial course

16. DATA PROTECTION AND PRIVACY

16.1 Personal Data Collection

The School collects personal data necessary to:

• Process course bookings and payments
• Deliver course instruction safely and effectively
• Issue RYA certifications
• Maintain business records and accounts
• Communicate course information and updates
• Meet legal and regulatory obligations

Data collected includes:

• Name, date of birth, contact details
• Nationality and passport information
• Medical fitness and health declaration
• Emergency contact information
• Booking and payment records
• Photographic images (if applicable)

16.2 GDPR Compliance

The School processes personal data in compliance with the UK General Data Protection Regulation (GDPR) and UK Data Protection Act 2018. Data is:

• Processed lawfully, fairly, and transparently
• Collected only for specified, legitimate purposes
• Stored securely with appropriate technical and organisational safeguards
• Retained only for as long as necessary
• Subject to individual rights of access, correction, and erasure

16.3 Sharing Data with the RYA

Upon successful completion of an RYA course, student data will be shared with the RYA, including:

• Full name, date of birth, contact details
• Certificate number and issue date
• Course details and competency levels

This sharing occurs to:

• Register qualifications on the RYA's central database
• Enable certificate verification and replacement
• Allow the RYA to update or consolidate records
• Meet RYA Recognition requirements

The RYA maintains this data in accordance with its Privacy Policy (available at www.rya.org.uk/privacy).

16.4 Medical Data Retention and Destruction

• Medical fitness declarations are retained only during the course
• Emergency medical forms are destroyed securely at the end of the course
• Incident reports with medical content are retained for 10 years (safety and insurance purposes)
• Students can request deletion of personal data subject to legal retention obligations

16.5 Photograph and Video Consent

• Photographs taken during courses may be used for instructional, safety, or promotional purposes
• Use includes publication on the website, social media, or in marketing materials
• Video recordings may be retained for instructor training and safety review
• Students may opt out by providing written notice before the course begins

16.6 Right to Request Data

Students have the right to request a copy of personal data held by the School. Requests should be made in writing to admin@mallorcasailing.com The School will provide data within 30 days of receipt.

17. BREAKAGES, DAMAGE, AND LIABILITY FOR PROPERTY

17.1 School Equipment Damage

Students are liable for any loss, breakage, or damage to School equipment, vessel equipment, or property caused by their actions, including:

• Negligence or carelessness
• Failure to follow instructions
• Misuse or deliberate damage

Liability is capped at £1,000 per item (e.g., single winch, sail, lifejacket). Costs are calculated at replacement value.

Students must:

• Immediately report any damage to the Skipper/Instructor
• Provide a detailed account of how damage occurred
• Accept liability if damage resulted from non-compliance with instructions

17.2 Safety Equipment Damage

Accidental deployment of lifejacket inflation cylinders is charged at £14.00 per cylinder. Deliberate or negligent activation incurs full replacement costs.

17.3 Vessel Damage

Vessel damage will be investigated by the School. If damage resulted from malicious or wilful damage

• The student will be invoiced for repairs (cost determined by marine surveyor)
• The School may claim against the student's insurance
• The School may claim against the student for costs not covered by insurance

17.4 Personal Property

The School accepts no liability for loss, theft, or damage to personal property including:

• Clothing, luggage, or personal effects
• Electronics, cameras, or valuables
• Money or documents
• Vehicles parked at the marina or nearby locations

Students assume full risk for personal property and are advised to leave valuables ashore or in locked storage.

18. COMPLAINTS AND DISPUTE RESOLUTION

18.1 Complaints Procedure

If students are dissatisfied with any aspect of the course, they should:

Stage 1: Immediate Informal Resolution

• Raise the issue with their instructor or the Principal as soon as possible
• Allow the School to resolve the matter quickly and informally
• Provide specific details of the concern and desired resolution

Stage 2: Formal Complaint

If informal resolution is unsuccessful, submit a formal complaint in writing via:

• Email to admin@mallorcasailing.com
• Contact form on mallorcasailing.com
• Written correspondence to Corserv House, 118A Newmarket Road, Bury St Edmunds, Suffolk, IP333TF, UK

Include: date of incident, detailed description, impact on course, evidence or witnesses, desired resolution

Submit within 14 days of the end of the course

Stage 3: Review and Response

• The School will investigate the complaint
• The Principal or Chief Instructor will respond within 14 days of receipt
• The response will detail findings, any remedial action, and reasoning

18.2 Unresolved Disputes

If a satisfactory resolution cannot be reached through internal procedures:

Option A: RYA Training Department Referral

• Students may escalate complaints to the RYA Training Department at [training@rya.org.uk]
• The RYA will review the complaint against RYA Recognition requirements
• Note: The RYA does not typically mediate commercial disputes but addresses breaches of recognition standards

Option B: Consumer Dispute Resolution

• Students may pursue resolution through consumer dispute resolution services
• In the UK, consumers have rights under the Consumer Rights Act 2015
• The School commits to considering any reasonable settlement offers

Option C: Legal Proceedings

• Disputes may ultimately be resolved through formal legal proceedings
• Both parties consent to mediation or arbitration as an alternative to court proceedings
• Legal costs are borne by each party unless a court orders otherwise

18.3 Complaints Timeframe

Complaints must be submitted within 6 months of the end of the course. Complaints received after this period may not be investigated.

19. GOVERNING LAW AND JURISDICTION

19.1 Governing Law

These Terms and all disputes arising from them shall be governed by and construed in accordance with English law, regardless of where the course is delivered or where the student resides.

19.2 Jurisdiction and Venue

The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales for any legal disputes. However:

• Either party may pursue disputes through arbitration or mediation before initiating court proceedings
• The School or student may pursue legal claims in the Courts of their respective home jurisdictions, subject to applicable conflict of laws principles

19.3 Dispute Resolution Prior to Litigation

Before initiating legal proceedings, both parties commit to:

1. Attempting good faith negotiation for 30 days
2. Pursuing formal mediation through a neutral mediator
3. Considering binding arbitration by a qualified arbitrator

19.4 Application of Consumer Protection Law

Nothing in these Terms limits or excludes rights granted under the Consumer Rights Act 2015 or other UK consumer protection law that cannot lawfully be excluded. To the extent any provision of these Terms conflicts with mandatory consumer protection law, the law shall prevail.

20. MODIFICATIONS AND AMENDMENTS

20.1 Changes to Terms

The School may update, amend, or modify these Terms at any time. The current version is published on mallorcasailing.com and applies to all new bookings made after the effective date of the revision.

20.2 Notice of Changes

• Material changes will be notified to enrolled students by email at least 14 days before taking effect
• Non-material clarifications or corrections may take effect immediately
• Continued participation in a course following notice of changes constitutes acceptance

20.3 Version Control

• The effective date of these Terms is displayed at the top of the document
• Students are responsible for reviewing the current version before booking
• Previous versions are available upon request from the School

21. SEVERABILITY AND ENTIRE AGREEMENT

21.1 Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court or competent authority, that provision shall be severed or modified to the minimum extent necessary to make it valid. The remaining provisions shall continue in full force and effect.

21.2 Entire Agreement

These Terms, together with:

• Booking confirmation email
• Course Joining Instructions
• Parental Consent Form (if applicable - students under 18)
• Medical Fitness Declaration
• Any additional policies published on mallorcasailing.com

...constitute the entire agreement between the parties. They supersede all prior negotiations, understandings, representations, or agreements, whether written or oral.

21.3 No Third-Party Beneficiaries

No third party has any right to enforce these Terms except as expressly permitted by law (e.g., the Contracts (Rights of Third Parties) Act 1999 shall not apply).

22. ADDITIONAL POLICIES AND PROCEDURES

22.1 COVID-19 and Health Regulations

The School operates in compliance with local health regulations and government guidance. Students and the School may cancel courses if:

• Government restrictions prohibit travel or course delivery
• Health authorities require quarantine or isolation
• Public health emergencies affect course safety

Refund or postponement will be offered in such circumstances.

22.2 Environmental and Marine Conservation

Students agree to:

• Comply with all local marine conservation regulations, particularly regarding Posidonia seagrass beds
• Respect designated marine reserves and protected areas
• Follow sustainable boating practices to protect Mallorca's marine environment
• Report any environmental incidents to the instructor immediately

22.3 Firearms and Prohibited Items

Students must not bring aboard:

• Weapons of any kind (firearms, knives, explosives)
• Illegal drugs or controlled substances
• Prohibited items under local or international law

Violation will result in immediate removal and forfeiture of all fees.

22.4 Contact and Communication

The School's contact details are:

• Email: admin@mallorcasailing.com
• Telephone: +44 7881581400
• Website: mallorcasailing.com
• Address: Corserv House, 118a Newmarket Rd Bury St Edmunds IP33 3TF

Students must maintain accurate contact information and respond to communication within 24 hours.

23. ACKNOWLEDGMENT AND ACCEPTANCE

23.1 Agreement Confirmation

By booking a course, paying any fee, or participating in any activity, you confirm that you have:

• Read these Terms in full and understood them
• Had the opportunity to seek independent legal advice
• Accepted all terms, conditions, limitations, and exclusions
• Agreed to be bound by these Terms

23.2 For Students Under 18

Parents and guardians confirm they:

• Have read these Terms on behalf of the minor student
• Understand and accept all conditions
• Will personally participate in the course WITH the minor (not observing)
• Accept full responsibility for the minor's conduct and safety throughout
• Have disclosed all relevant medical information for both adult and minor
• Consent to the minor's participation in the course