The following terms and conditions will apply between The Crew Academy on behalf of Yacht Crew Recruitment and Training Ltd and the Client for the supply and delivery of training courses and training materials in accordance with any order confirmation authorized by The Crew Academy to the Client.
Proposals are made and order/enrollment forms accepted subject to these Terms and Conditions.
2.1 – Yacht Crew Recruitment and Training Ltd (United Kingdom) – Referred to hereinafter as "The Crew Academy" or "Company" is the training company that supplies and delivers training courses and training materials.
2.2 – Client – The representative or individual with authority to make an agreement with the Company to supply and deliver a training course and training materials.
2.3 – Delegate[s] – The individual[s] named as attendees on the course booking form.
2.4 – Party or Parties – Both the Company and the Client.
2.5 – Supply and delivery – The agreement between Company and Client to make available a training course and training materials at an agreed cost, location, and time.
2.6 – Training – The service supplied by the Company to the Client that provides the Delegate[s] with the knowledge, skills, and qualifications to undertake their duties competently, safely, and legally.
2.7 – Public course – A training attended at the Company's chosen training facility.
2.8 – Private Course – A training performed for a Client at the Client's chosen training facility.
2.9 – Bespoke course – A training performed for a Client where the content has been tailored by The Company and agreed in advance with The Client.
2.10 – Training Materials – Hand-outs, workbooks, and any other materials that are retained by the Delegate[s] to support the training and act as supporting evidence for future or ongoing qualifications.
2.11 – Trainer[s] – Individual[s] supplied by the Company to deliver training to the Delegate[s]. Trainers will be appropriately qualified and up to date in the courses they deliver.
2.12 – 3-4 hours training is referred to as half day course.
2.13 – 6-8 hours referred to as one day course.
2.14 – Invoice – Statement detailing the fees charged by the Company for supply and delivery of training to the Client.
2.15 – Certification – Documentation awarded to all delegates who pass assessment or who qualify for a certificate of attendance.
3.1 – The Client shall fill in an application form as provided by the Company to benefit from training services. Such signed order/enrollment form shall be sent by email and/or a scanned copy of the signed order/enrollment form shall be sent to firstname.lastname@example.org & email@example.com.
3.2 – A copy of the Delegate's passport details or proof of identity is required upon application and must also be presented upon commencement of any course.
3.3 – A copy of the delegate's Curriculum Vitae is required upon application to confirm minimum training course requirements.
3.4 – Course bookings shall be deemed confirmed upon receipt of the payment in full from the Client and confirmed by return email from the Company. The Cancellation Policy & Payment Terms, as described in Section 6, shall become applicable with immediate effect after such confirmation.
3.5 – The Client understands and accepts that the booking is limited to the course only and any reference to a specific Trainer, by either party, in no way guarantees the provision of such Trainer for the duration of the course. The Company reserves the right to engage and change any Trainer without requiring consent from the Client.
3.6 – The training fees shall be those agreed to between the parties and in accordance with the signed/enrollment form.
4.1 – Unless otherwise indicated, written quotations and/or proposals remain valid for 30 days. All prices are subject to VAT or TVA if applicable, and at the appropriate rate ruling.
4.2 – Course costs will be displayed on the invoice and on the website www.yachtcrew.uk or www.thecrewacademy.com
4.3 – The Client may pay the course costs shown on the invoice by bank transfer or via a designated CC portal (Stripe).
4.4 – The Company will produce and distribute invoices on or shortly after booking confirmation. Invoices will show the total cost to be paid by the Client for supply and delivery of course. Travel related expenses if applicable [see 5] shall be invoiced in addition to training.
4.5 – Full payment, including VAT if applicable, is to be made by the Client to the Company on confirmation of booking and receipt of the invoice within 7 days.
4.6 – No training services will be provided unless payment conditions have been satisfied. If fees are not paid on time, the Company reserves the right to re-allocate course places on public courses to other Delegates and reallocate requested dates for private courses to another Client on the waiting list.
4.7 – Public Courses – Fee includes tuition, training materials, and manuals.
4.8 – Accommodation is available upon request and availability. The residential fee will be added to the invoice [See 11].
4.9 – Private Courses – Fee includes tuition and training materials [See 8.2].
4.10 – Bespoke Course Fees - Any fees quoted, estimated, or agreed by The Company on the basis of The Client's description of the task may be subject to amendment by agreement between both parties. Pricing (except where noted) includes all trainers' fees, but is exclusive of travel/accommodation costs or any out-of-pocket expenses incurred while providing above services.
The cancellation request shall be deemed confirmed by the Company upon the Client's receipt of a return email. The Company shall provide confirmation on the same day if the cancellation email is sent during business hours or otherwise on the first working day thereafter.
The following cancellation terms and fees apply:
[a] All payments are non-refundable.
[b] If Cancellation takes place 10 days or more prior to course commencement, the Client may transfer his/her place to the same course later within 24 months, subject to availability.
[c] Any courses re-booked outside of the 6-month period are subject to changes in fees.
[d] If Cancellation occurs within 24 hours during the course, 100% fee is payable and no transferable credit will be provided.
[d] Postponement of bespoke Courses – If a program is postponed; a fee of 50% of the daily rate is chargeable to the Client in addition to any associated expenses incurred by The Company of the Trainer.
[e] Should it become necessary for the Company to postpone all or any part of a private or public course, due to circumstances beyond their control, then mutually agreeable date[s] will be chosen on which to complete the course.
[f] The Company will not be liable for any costs incurred by the Client for such actions and no fees reimbursed.
[g] If in the case of a Force Majeure event and the company has to close its training center then any canceled courses can be rescheduled and no refunds applicable.
6.1 – Certificates are awarded at the discretion of the trainer and only to those delegates who successfully complete the training. In the case of accredited courses, delegates will sit an examination, which is to be passed for a certificate to be issued from the accrediting board.
6.2 – The cost of certificates produced and supplied by the Company are included in the course cost. Replacement certificates may be subject to additional cost. The cost of certification and examinations, where a second accreditation is required, may be subject to additional costs as the Company has to purchase the examinations and certificates from the accrediting board. The Client will be notified in advance if any such costs are payable.
7.1 – Should any information or data supplied to the Company for the preparation of the quotation prove to be insufficient or inaccurate, the Company reserves the right to amend the quotation to cover any cost difference.
7.2 – Courses are normally conducted at a venue supplied by the Company or in the Client's private premises. Where the training is conducted in the Client's chosen training facility, a suitable area with an electricity supply and WIFI will be required. For beverage courses, a running water supply and ice may also be required. The Client shall supply any produce, training equipment, projector/monitor, and/or whiteboard if required. A list of requirements shall be supplied upon booking.
8.1 – The Company shall conduct themselves throughout the training course in a professional, polite, and courteous manner abiding by the codes of conduct, ethical standards, and recognized best practice set down and as expected for training organizations.
8.2 – The Company maintains high standards with regard to the delivery, course content, and quality of training materials. In order to achieve this, the Company ensures its trainers are up to date in the subjects they teach. The Company also operates an end-of-course evaluation form completed by each delegate, which asks for their opinions on the course. The Client can request copies of the evaluation form from the Company.
10.1 – The Company shall conduct themselves throughout the training course in a professional, polite, and courteous manner abiding by the codes of conduct, ethical standards, and recognized best practice set down and as expected for training organizations.
10.2 – The Company maintains high standards with regard to the delivery, course content, and quality of training materials. In order to achieve this, the Company ensures its trainers are up to date in the subjects they teach. The Company also operates an end-of-course evaluation form completed by each delegate, which asks for their opinions on the course. The Client can request copies of the evaluation form from the Company.
The information contained in all Company training materials is distributed on an "As Is" basis, without warranty. While every precaution has been taken in the preparation of the training courses and associated literature, neither the author nor the Company shall have any liability to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the instructions contained in the training materials.
12.1 – It is the Client's responsibility to ensure that the course is suitable for his/her requirements.
12.2 – All individuals with authority to make an agreement with the Company to supply and deliver a training course should have read and understood the course outline and met the necessary prerequisites.
A qualification process will be undertaken via telephone by the approved representative of The Crew Academy Ltd upon receipt of the application to ensure that prerequisites are satisfied.
12.3 – The Company reserves the right to ask a delegate to leave the training course if the delegate does not meet the claimed course prerequisites.
12.4 – The Company urges Clients to support this policy, which is designed to protect the Client's investment.
12.5 – All Delegates will be required to abide by any site rules and regulations operating at the training facility.
12.6 – Delegate substitutions may be made prior to the start of the course without penalty, providing the Company is informed in writing. It is the Client's responsibility; having referred to the Company’s course information, to ensure the course is suitable for the substituted Delegate's requirements.
The Company reserves the right to assign or subcontract its training courses to other appointed and approved personnel.
The Company will maintain levels of insurance in accordance with the regulatory and industry requirements.
When training a private course, the Company will follow and abide by all reasonable policies and procedures that are laid down by the Client. Such policies and procedures that are typically followed include: Fire Procedures, Security, Confidentiality, and Health and Safety. If the Client wishes the Company to follow a specific policy or procedure, they are to make available the information prior to the start of the training.
16.1 – The Company reserves the right to make reference to a Client, Clients contracts, and services offered to Clients within any proposal or marketing mechanism to current or potential Clients, provided that proprietary and confidential information regarding the Client shall not be divulged.
16.2 – The Company may store the names of the delegates for the purpose of advising them of the availability of further courses in the future. The Company shall ensure that all reasonable and appropriate security measures are in place to protect personal data it holds and that it shall destroy or deliver the personal data upon written demand from the delegates.
16.3 – The Client shall ensure that it has in place all necessary consents in connection with personal data to allow the Company at all times to perform the training services without infringing any third-party rights.
16.4 – All alumni will be invited to join The Crew Academy’s forum which will include on and offline communications relating to additional training and forthcoming events.
16.5 – The Company reserves the right to use all images taken at the Company’s training facilities.
The Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from, hindered in or delayed in the provision of services through any circumstances beyond its reasonable control including but not limited to strikes, lockouts, accidents, war, fire, acts of God, reduction in or unavailability of power or machinery or shortage or unavailability of materials from normal sources of supply.
18.1 – No part of the training materials may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, or otherwise, without prior permission in writing to The Crew Academy as such materials are considered the sole property of Company and/or its Trainers.
18.2 – Nothing in this agreement shall be construed as giving the Client any right whatsoever over Intellectual Property belonging to the Company during the period of this Agreement, or at any time after its termination.
18.3 – The Client may not during the period of this Agreement, or at any time after its termination, divulge any confidential Information to any person not authorized by the Company to receive it and shall not utilize any secret or confidential knowledge or confidential Information acquired in connection with this Agreement to the detriment or prejudice of the Company or use the same for any purposes save for the purposes of this Agreement.
19.1 – The Company is solely liable for its own willful acts or omissions, and it shall in no way be liable for acts of trainers, delegates or any other third party, even if such acts or omissions are negligent, fraudulent, or dishonest. The Client shall have no right to claim damages or institute proceedings against the Company for any negligent willful, and/or unlawful act or omission by Trainers, Delegates and/or third parties including but not limited to those cases of damage to the Client’s direct or indirect possessions and facilities and/or damage caused by persons introduced by the Company to the Client, delegates and/or Trainees during training/courses.
19.2 – The Company accepts no liability whatsoever for any loss of contracts, profits, anticipated savings, revenue, goodwill, business, loss or corruption of data or software programs, financing expenses, interruption in the use or availability of data, stoppage to other work or consequential losses, damage, misrepresentation, claims or expenses of whatever nature arising directly or indirectly, from any act or omission of the Company or of any Trainer.
19.3 – In no event shall the Company be liable for any Damages or liability whatsoever, including indirect, special or consequential damages, nor for any claim against the Company by any person or entity, public or private, arising from or in any way related to this Agreement.
20.1 – The Company reserves the right to amend this Agreement from time to time as it may deem appropriate provided that no variation shall be binding unless agreed to in writing by all parties. The updated terms and conditions shall supersede all previous versions.
20.2 – This Agreement is not intended to create any partnership, agency or joint venture between the Company and the Client.
20.3 – English law shall apply, and English Courts shall settle disputes. These terms and conditions do not affect any statutory rights available to the Client.
20.4 – If any provision contained in this Agreement shall be deemed void or unenforceable in whole or in part, the remainder of this Agreement shall continue to be valid and remain enforceable.
The Client shall use their best endeavors to ensure that any private training facility in which the Company's employees, contractors, officers, or agents may have to work in are safe and without occupational risk. All known risks must be clearly identified and marked by the Client. The Company shall take all reasonable safety measures to ensure that all residential and non-residential training facilities are compliant with public liability laws.
Tilton House, Lewes, Sussex, BN7 2NN, UK