Booking Terms and Conditions

This agreement between AC-AQUAZEAL (the School) and the Client(s) made on confirmation by the school is subject to the following conditions:

1(a)

If the School is unable to fulfil any booking through circumstances beyond its control the Client(s) may be offered an alternative booking, but this is entirely at the school’s discretion.

1(b)

If the School is unable to offer or the Client(s) is unable to accept such alternative booking, then the School’s liability will be limited to refund of any deposit or course fee paid.

2.

The School shall decide how all courses are run and whether or not to go on the water. The School’s decision shall be final.

3(a)

Settlement of the balance of fees after payment of the deposit shall be made at the commencement of the course.

3(b)

The deposit less administrative charges will be refunded to the Client(s) if the booking is cancelled more than 28 days before the commencement of the course.

3(c)

If such cancellation is made less than 28 days before t commencement

of the course the school shall be entitled to the full fees for the course unless the School shall succeed in reallocating it when it shall be entitled to the expenses of reallocation.

4

All School craft are insured against accident and Third party Liability. The Client(s) is/are strongly advised to affect insurance against cancellation, damage or destruction of personal effects, death or personal accident.

5.

The School and its employees accept no liability for theft, loss or damage of Client(s) clothing, equipment and personal property howsoever caused on or off the School’s craft.

6.

The School does not accept any responsibility for damage to Client(s) own craft when they are being used for tuitional purposes. Clients are advised to make their own arrangements to have the craft adequately insured during this period.

7.

In entering into this agreement, the Client(s) acknowledge that there are inherent dangers in sports boating and understands that prior to the commencement of the course or lesson, all students will be asked to sign an indemnity holding the School free of liability in the event of an accident, injury or damage to person or property. This declaration is not to be found on the booking form.

8.

The services agreed to be rendered by the School under this agreement shall be provided by an instructor (‘the instructor) competent and qualified to conduct the course and to provide the services thereby entitled with reasonable care and skill.

9.

The School shall not be liable for the death of or injury to the Client(s) or loss or damage to the Client(s) property unless due to the negligence or other failure of the School to perform its obligation under this agreement or under general law.

10.

The School shall have the status of an independent contractor and shall not in any way be or be deemed to be the servant of the Client(s) and in particular shall not be subject to directions from the Client(s) as to the manner in which the School shall perform the service.

11.

The Client(s) warrant(s) and agrees with the School and/or the instructor.

11(a).

Whenever the Client(s) own craft is being used to maintain at their own cost a comprehensive policy of insurance to cover liability of the Client(s) the craft.

11(b).

Diligently and faithfully and to the best of his/her ability to carry out, perform and obey at all times the lawful commands and instructions of the instructor given in and about the provisions of the services, whether in connection with a craft of the School or the Client(s) or a Third Party.

11(c).

To observe all requirements and provisions, regulations and orders made by any duly constituted competent authority relating to or affecting the use of the craft and to enquire into and inform the School forthwith of any such requirement, provision, regulation or order pertaining to the location in which the Client(s) craft shall be used.

11(d).

At he Client(s) own cost in all things to make good to the satisfaction of the School any damage or injury that may arise from or which may be caused by the use by the Client(s) of the craft and/or other property of the School and not to do or permit to be done in or on or to any craft any act or thing which, in the opinion of the instructor, shall or may be or grow to the annoyance, nuisance, disturbance or damage of the school or other owners, occupiers or users of other craft.

11(e)

To indemnify and keep indemnified the School and the instructor from and against all loss, damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by the school resulting from a breach of these conditions by the Client(s), including any successful claim by any third party against the School.

11(f).

That all representations made by the Client(s) in the Booking Form are true and correct.