Ultramarine Powerboat Services Ltd acts as an agent for Humber Rescue, who provide the RYA training services offered. Humber Rescue’s Terms and Conditions are detailed below.
This page tells you information about us and the legal terms and conditions (Terms) on which we provide any of the training services (Services) listed on our website (our site) to you.
These Terms will apply to any contract between us for the supply of Services to you (Contract). Please read these Terms carefully and make sure that you understand them before booking any Services through the link provided on our site to the website of our sales and booking agent, Ultramarine Powerboat Services Limited (Agent). Please note that before placing a booking with us through our Agent, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to book any Services through the link provided on our site to the website of our Agent.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 11. Every time you wish to book Services, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 9 (LIMITATION OF LIABILITY)
THESE TERMS AND CONDITIONS RELATE TO CONSUMERS. IF YOU ARE A BUSINESS WISHING TO USE THE SERVICES, SUCH REQUESTS WILL BE DEALT WITH ON APPLICATION TO US OR TO OUR AGENT
1. Information about us
1.1 We operate the website www.humber-rescue.co.uk. We are Humber Rescue, a charity registered in England and Wales with charity number 702278 and with a contact address: c/o 9 Woodside, Lawnswood, Tranby Lane, Hessle, East Yorkshire, HU13 0PU, although please be aware that we operate from Hessle Foreshore, Cliff Road, Hessle, East Yorkshire, HU13 0HE (the Primary Launch Site).
1.2 Contacting us
1.2.1 If you wish to contact us for any reason, including because you have any complaints, you can contact us by telephoning 01482 648200 or by e-mailing us at firstname.lastname@example.org, although if for any reason you are not satisfied with the training you are receiving, you are expected to raise your concerns or complaints at the earliest reasonable opportunity, and we reserve the right not to address any concerns or complaints that could reasonably have been dealt with during the course, if these are raised after the course has been completed.
1.2.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your booking.
2. Our Services
2.1 The images of the Services on our site are for illustrative purposes only. Your Services may vary slightly from those images.
2.2 We will make every effort to supply the Services to you on the date and time set out in the booking. However, there may be delays due to an Event Outside Our Control. See clause 10 for our responsibilities when an Event Outside Our Control happens.
2.3 We may have to suspend the Services if we have to deal with technical problems with the vessel or the equipment required to run any given course provided as part of the Services. We will contact you to let you know in advance as soon as possible if this occurs, using the contact details you have provided when making your booking, unless the problem is urgent or an emergency, in which case this is an Event Outside Our Control. You do not have to pay any balancing payment outstanding for the Services while they are suspended under this clause 2.3.
2.4 The Services shall be provided at the discretion of the Captain of the vessel, having regard to matters including (but not limited to) the nature of the Services, the safety of embarkation and disembarkation, and the weather and tidal conditions. If the Services cannot be provided, we will, at our discretion, offer alternative dates and times for the performance of the Services. We will contact you to let you know in advance as soon as possible if the Services cannot be provided, using the contact details you have provided when making your booking, unless the situation arises during the safety briefing detailed in clause 2.13 or during the performance of the Services.
2.5 Our Services are provided to students aged 8 years old and over. The minimum age for RYA Level 1 courses is 8 years old, and the minimum age for RYA Level 2 courses is 12 years old. All students under the age of 18 must obtain the signed consent of a parent or guardian to undertake the courses being provided within the Services, which should be returned to us at The Boathouse, Cliff Road, Hessle, East Yorkshire, HU13 0HE no later than 7 days before the start of the course(s), otherwise the Services will not be provided to these students, the course will not be rescheduled, and no refunds will be paid in such circumstances. All students under the age of 18 may only use the vessel or other powered craft under the supervision of the course instructor and/or their delegated representative(s).
2.6 We operate a strict no smoking policy. Alcohol, drugs, other illegal substances and naked flames (e.g. candles, barbecues) are not permitted on board. Sharp objects or toys are not permitted on the vessel. If the Captain or the course instructor and/or their delegated representative(s) suspect that you are under the influence of alcohol or any drug that may impair your ability to perform any given task, the Captain or the course instructor and/or their delegated representative(s) has the right to terminate your involvement in the course being provided as part of the Services. The course will not be rescheduled and no refunds will be paid in such circumstances. The decision of the course instructor and/or their delegated representative(s) in this respect is final.
2.7 It is your responsibility to ensure that you are in sufficient health to board the vessel. If you are on medication, suffer from a medical condition, or have any disability or limited mobility we ask that you inform us when making your booking. We will aim to accommodate the requirements of people with medical conditions, limited mobility or disabilities, and we will do this on a case by case basis in determining if our facilities and equipment are suitable for the provision of the courses forming part of the Services to those persons. All students will be required to complete a ‘fitness to travel’ declaration before embarking. An adult will be required to complete this declaration for all children under 16.
2.8 We reserve the right to terminate the Services if your behaviour is deemed dangerous or distracting to the Captain or any third parties, or if you fail to follow the directions of the course instructor and/or their delegated representative(s) when in the Humber Rescue boathouse or out on the water. In these circumstances, you will be asked to leave any course being provided as part of the Services, and no refunds shall be paid in such circumstances. The decision of the course instructor and/or their delegated representative(s) in all matters of operation is final.
2.9 No more than 3 students will be permitted on board any vessel used for any course being provided as part of the Services. Any equipment to be brought aboard the vessel by students shall be with our prior agreement, provided that students may bring personal cameras or recording equipment aboard.
2.10 We request that no heels be worn on the vessel.
2.11 You agree to allow us the right to use any photographic images taken of the vessel or on the vessel unless you inform us otherwise.
2.12 Please note that embarkation and disembarkation times may vary slightly from the times agreed in the Booking Confirmation due to traffic on the Humber and Events Outside Our Control, and the Crew may, at its discretion, make minor alterations to the itinerary agreed in the Booking Confirmation, having regard to the safety of the students.
2.13 All members of a party must be at the embarkation point 15 minutes prior to the departure time scheduled in the booking, for:
2.13.1 the delivery of a course induction and safety briefing;
2.13.2 the issue of course materials, including a logbook, syllabus, and, where relevant, the RYA’s ‘Start Powerboating’ book; and
2.13.3 the issue of, and instruction in the use of, personal protective equipment (PPE) during the performance of the Services.
If any members of a party are late, we reserve the right not to provide the Services and no refunds shall be paid in such circumstances.
2.14 We will not issue RYA certificates automatically. Each student taking the courses forming part of the Services must satisfy the requirements of the course on which they are participating, and if the student does not meet these requirements then the course instructor is obliged to fail the student, and no certificate will be awarded.
2.15 In line with RYA policy, the courses forming part of the Services can only be delivered in English. If the course instructor believes a student is incapable of understanding the training due to language restrictions, then the student will not be able to continue participating in the course, and no refunds shall be paid in such circumstances. The use of a translator is not permitted.
3. Own boat tuition
3.1 If you wish to use your own vessel for the delivery of any training being provided as part of the Services, it must comply with the requirements of the ‘RYA Training Checklist: Powerboat’, as listed at Annex A of these Terms, and be suitable for operation on waters classified as Category D by the Maritime and Coastguard Agency (the Requirements).
3.2 Before we use your vessel for the delivery of any training being provided as part of the Services, you must provide proof you have insurance cover permitting the delivery of any training being provided as part of the Services.
3.3 Your vessel will be inspected by the course instructor immediately prior to the delivery of any training being provided as part of the Services and if, in the absolute discretion of the course instructor, it does not meet the Requirements, the Services will not be provided and no refunds shall be paid in such circumstances. Please contact us if you require advice on the suitability of and/or the equipment upon your vessel for the provision of the Services, provided that such advice shall not comprise any guarantee that your vessel meets the Requirements, which shall be determined immediately prior to the delivery of any training being provided as part of the Services.
3.4 Please read the provisions of clause 9 in relation to our liability for providing own boat tuition.
4. How we use your personal information
4.1 We will use the personal information you provide to us, including the names, postal and email addresses, phone numbers and details of medical issues, to:
4.1.1 provide the Services;
4.1.2 process your payment for such Services; and
4.1.3 inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
5. How the Contract is formed between you and us
5.1 You may only book Services, including those Services provided to children, from us through the link provided on our site to the website of our Agent, if you are at least 18 years old, although booking enquiries can be made either in person, by email or by telephone to us or to our Agent.
5.2 The relevant pages on the website of our Agent will guide you through the steps you need to take to make a booking with us, either through the dedicated booking pages on the website of our Agent, or via the email address email@example.com.
5.3 After you place a booking, you will receive an e-mail from our Agent acknowledging that we have received your booking. However, please note that this does not mean that your booking has been accepted. Our acceptance of your booking will take place as described in clause 5.4.
5.4 Our Agent will confirm our acceptance to you by sending you an e-mail confirming your booking (Booking Confirmation). The Contract between us will only be formed when our Agent sends you the Booking Confirmation, which will include details of the PPE we will be providing and the PPE you will need to provide, price, payment information, course date(s) and joining information agreed between us.
6.1 We will agree the price of the Services with you before sending the Booking Confirmation, and where any of the Services will be provided away from the Primary Launch Site, such as for own boat training, our costs for travel and subsistence will be included in any price to be agreed before sending the Booking Confirmation. The price is broken down into two parts: a non-refundable (other than as stated in clause 7) deposit of £50, being our fixed, unavoidable costs if the Services are not provided, and the balance of the course fee.
6.2 The non-refundable deposit is payable within 7 days of us sending you the Booking Confirmation.
6.3 The remainder of the course fee is payable no later than 14 days before the first date for the course(s) being provided as part of the Services set out in the Booking Confirmation, and as part of the course fee is for the RYA course materials, students will not be allowed to begin the course(s) until we have received payment in full in cleared funds.
6.4 Our prices may change at any time, but price changes will not affect bookings that we have confirmed with you in the Booking Confirmation.
6.5 Your rights to a refund on cancellation are set out in clause 7.
6.6 If you do not make any payment due to us by the due date for payment, we will cancel your booking, and no refunds shall be paid in such circumstances.
6.7 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have booked we will contact you to inform you of this error and we will give you the option of continuing with the booking at the correct price or cancelling your booking. We will not process your booking until we have your instructions. If we are unable to contact you using the contact details you provided during the booking process, we will treat the booking as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.
7. Your right to cancel and applicable refund
7.1 Before we provide the Services, you may cancel your booking for the Services at any time before the date on which the Services are to be provided by contacting us. We will confirm your cancellation in writing to you.
7.2 If you cancel your booking under clause 7.1 at any time up to 14 days before the date on which the Services are to be provided, we will refund to you the course fee less the sum of £50, being our fixed, unavoidable costs incurred if the Services are not provided.
7.3 If you cancel your booking under clause 7.1, within 14 days of the date on which the Services are to be provided, or you do not show up at the agreed time and place under clause 2.13, you will receive no refund.
7.4 In the event you cancel your booking under clause 7.1, we have the discretion to offer you an alternative date for the provision of the Services, but if you have not accepted one of the alternative dates on which we offer to provide the Services, then clause 7.2 or 7.3 will apply, as appropriate.
7.5 If you cancel your booking:
7.5.1 because we have been affected by an Event Outside Our Control; or
7.5.2 because of a notification of suspension of the Services under clause 2.3; or
7.5.3 because the Captain has exercised his discretion not to provide the Services under clause 2.4,
and in each case, you have not accepted one of the alternative dates on which we offer to provide the Services, you will, subject to clauses 7.6 and 10.5, receive a 100% refund of the price you have paid at the point of cancellation.
7.6 Please note that in the event your refund is made via international electronic transfer, we will deduct any bank charges which we have incurred in making the international electronic transfer.
8. How to pay
8.1 You can pay for the Services using PayPal, a debit card, cheque or by direct payments into our bank account. Payment details will be provided to you in the Booking Confirmation.
8.2 Payment for the Services is in advance.
9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
9.2 We only supply the Services to consumers for private use. We have no liability to you for:
9.2.1 any damage to physical property or loss of equipment, whether brought aboard the vessel (regardless of whether it is our vessel, or a vessel used for own boat tuition) or otherwise; and/or
9.2.2 loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 Subject to clause 9.4, we have no liability to you for death or personal injury arising from the provision of the Services. You acknowledge and agree that there are inherent dangers involved in power boating, and you agree that, before the provision of the Services, you will sign the course registration form, which includes an indemnity holding us, our course instructors and our delegated representatives free from liability in the event of an accident, death, injury or damage to persons or property. You are strongly recommended to take out personal insurance against possible losses, death or personal injury arising from participation in the course(s).
9.4 We do not exclude or limit in any way our liability for:
9.4.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
9.4.2 fraud or fraudulent misrepresentation;
9.4.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
9.4.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
9.4.5 defective products under the Consumer Protection Act 1987.
10. Events outside our control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 10.2.
10.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation the Captain of the vessel being required to attend upon a call out of Humber Rescue, breakdown or accident in relation to the vessel or any technical equipment required to run any given course forming part of the Services, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, storm surge, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, river closure, aircraft, motor transport or other means of public or private transport.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
10.3.1 we will contact you as soon as reasonably possible to notify you; and
10.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of Services to you, we will arrange a new date with you after the Event Outside Our Control is over.
10.4 You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us.
10.5 If the Event Outside Our Control results in a course being provided as part of the Services being terminated part way through (e.g. if some dates for the provision of the course remain to be fulfilled), then the extent of any refund will be at our discretion, having regard to the extent of the training and course materials we have already provided to you.
10.6 Should we be tasked to respond to an emergency by Humber Coastguard during the provision of the Services, the crew pagers will be activated and the following procedures will take place:
10.6.1 if you are in the boathouse, you must proceed to the upper training room and remain seated at the table, unless otherwise instructed; or
10.6.2 if training is being undertaken in our training vessel Olive Hunt, the Services will, as far as possible, continue as normal, but if life is in imminent danger, the training vessel may be required to proceed directly to an incident, and you will be briefed accordingly on route.
11. Our right to vary these Terms
11.1 We may amend these Terms from time to time.
11.2 Every time you make a booking with us, the Terms in force at the time of your booking will apply to the Contract between you and us.
11.3 We may revise these Terms as they apply to your booking from time to time to reflect changes in relevant laws and regulatory requirements.
11.4 If we have to revise these Terms as they apply to your booking, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel your booking, and if you opt to cancel, we will refund you the amount you have paid as soon as possible.
12. Communications between us
12.1 When we refer, in these Terms, to “in writing”, this will include e-mail. You may contact us as described in clause 1.2.
13. Other important terms
13.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
13.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
13.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
If, having read these terms, you wish to place a booking with us through our sales and booking agent, Ultramarine Powerboat Services Limited, please click here.
ANNEX A – RYA Training Checklist: PowerboatTraining_checklist_power