Terms and Conditions


U Sail Bermuda Terms and Conditions

1-Definitions

A ‘Session’ is defined as a one time on the water with a rental boat. Rental boats are not rented on any hourly basis unless special permission from U Sail Management.

 

‘Booking System’ online is where you chose the rental package or instructional sailing courses.

 

All booking conditions or contracts or packages are made in English.

 

2-Price

All Prices for the rental packages and instructional sailing courses which displayed on our website are accurate. However, we reserve the right to change the prices from time to time but if you have made a booking and received booking and payment confirmation, the price for that course or rental is guaranteed.

 

3- How to Pay

The rental packages must be paid in full before the first booked rental session. For training program course, a deposit of $50 must be paid to confirm course place and full course price paid in full before course start date. If we do not receive the payment by the start date, we will apply the cancellation charges outlined below under section 5 but we will send an email advising this.

 

4- Photography Release for Media and advertising purposes of U Sail Bermuda Only

From time to time, we may have authorized contractors or USB Management personal taking photos and video for use of advertising purposes only.

If you do not want to be in promotional videos, please let us know by sending us an email at office@usailbda.com  

Any Personal details will not be given out in accordance with local Bermuda Data Protections Act.

 

5-Cancellation/ Refund Policy Charges

You may choose to cancel a rental package or training program course at any time but it is subject to our cancellation/refund charges listed below.

 

The data of cancellation confirmation is the data that the office at U Sail receives it. Note: The only exception is if you have taken out insurance and there is a valid cancellation claim or you have an illness or injury with proof of illness or injury confirmed by a medical letter from a Doctor, you may be able to reclaim these unused amounts.

 

The number of days between the cancellation confirmation and the rental package first start day or sailing course start date. Note: If you have purchased a rental package, you will not be able to cancel or apply for a refund after you have had one sailing session in your rental boat.

 

For Sailing Courses:

To cover our unforeseen losses, there is a set scale below for cancellation charges:

More than 30 Days- Just Course Deposit Amount

29 days- 24 days- 50% of Course Fee

23 days- 7 days- 90% of Course Fee

6 days or less- 100% of Course Fee

 

For Rental Packages:

All rental packages must be used up within 12 months.

Any change in sailing dates/time can be made up to the start time of the rental session online through your booking account. Anything after the start time has to be agreed by U Sail Bermuda Management.

 

The rental package itself cannot be refunded after first session has commenced, any day before this is fine, with a 20% of the rental package for cancellation fee.

 

6- Swimming Ability

If you are taking part in renting or in an instructional course, you must be able to swim 50 metres in appropriate summer swim wear. You must at all times be wearing a Buoyance Aid of 50 N or above when on the water.

 

7- Health Declaration

I am aware that sailing is a physical activity and can be strenuous. I declare that to the best of my knowledge I am not suffering from any health condition that causes me to be unfit for sailing, and that I am fit to rent a boat or participate in any instructional sailing course. In an emergency situation which happens inside the base of U Sail Bermuda or during a staffed sailing course, I give permission to qualified first aid U Sail Bermuda staff and volunteers to administer any First Aid treatment or medication, to call the emergency services and give my full permission for any treatment required to be carried out in accordance with the medical staff diagnosis. Please note that U Sail Bermuda management, instructor staff or volunteers which are qualified with a RYA First Aid Certificate or equivalent are not responsible for anything that occurs at any time and therefore cannot be made liable.

 

  1. Participant Release of liability

Please refer to the wavier of liability which linked next to this document on the website.

 

  1. Insurance
  • We do hold PLC (Public Liability Cover).
  • We also have Third Party Insurance
  1. Safety
  • At U Sail Bermuda, the safety and security is paramount important in both rental, training and foiling environment and have carefully risk assessed and provided necessary safety items.
  • We know there is an element of risk during instructional training course but we have the necessary qualified staff to ensure that it is a safe and carefully organised environment.
  • If the weather is unsuitable for planned instructional sailing or foiling courses, we will rearrange to another suitable date.
  • When renting a boat, the charter has full liability and responsible for their personal safety, however if we feel it is unsafe to go out sailing then will let them rearrange to another date.
  • Please make sure you speak with a U Sail Bermuda Manager to make sure you have a mast head float attached and necessary personal safety items.
  • We reserve the right to cancel any rental or sailing course if we feel conditions are unsuitable for the given activity.

 

  1. Sailing Area

The sailing area will be in the waters of Harrington Sound a land locked area of water which is effected by small tidal effects. On arrival of renting a boat, there will be a sailing area chart located on the notice board under the covered area of U Sail Bermuda Sailing Facility. This will have a rough guide as to areas that can be sailed and areas to be avoided. The sailing area diagram will also be available on the website under ‘About Us’.

 

You must see these before you go out sailing and agree to be in the defined sailing area set out on the notice board.

 

If you are taking part in a sailing course with an instructor, the instructor will in the briefing go through the sailing area which you must try to maintain at all times.

 

  1. Launching/Recovering Area

The launching area will be the public water access point across the street from the U Sail Bermuda Sailing Centre. U Sail Bermuda understands the risk of launching and recovering boats and understands there is an element of risk which is why an ‘L’ Shape Versa Dock Structure has been put in place to aid sailors when launching and recovering boats. However, U Sail does not take any liability at any time during launching and recovering process but can be there as an aid if required.

 

During a Sailing Course or Private Tuition Lesson when a qualified RYA Instructor is giving the student instruction the instructor will do a launch and recover session with a demonstration for the student/s as well.

 

The risks when launching the Waszp is, it does not sail well when not on the foils with the initial start, you might drift downwind faster than expected. This means there is a risk of ending up on a lee shore only when any type of westerly breeze. However, the ‘L’ Shape Structure is in position that enable you to use it as an aid to get out to deeper water and drop the foils. Making sure you are ready and have enough mainsheet pulled in, that you do not have the Waszp capsize on top of you.

 

The risk of launching with the 29er or 420 is just like any conventional style dinghy which has an element of risk to it going wrong especially if the dagger board and rudder is not down far enough to stop the boat from drifting sideways on to the lee shore with westerly breeze. The ‘L’ Shape should reduce the risk of this occurring, as you can walk the boat out past the danger of drifting into the shore when a westerly.

 

The risks when recovering in a Waszp is that it does not suddenly start to foil and gain speed when you are trying to slow the boat down. The foil system must be disconnected before attempting to recover the boat to the launch/recovery area. Try to slow the boat as much as possible by getting ready to unclip mainsheet and as a safety precaution the bottom of the ‘L’ Shape will act as a barrier to stop the boat and person/s going into the shore. For the 420s and 29ers, it will be the same but the main sail should be lowered before entering the launch/recover area. This is especially important when coming downwind into the launch/recovery area. Sail in on the jib and just let it flap when close to ‘L’ Shape Pontoon Structure.

 

  1. Confidentiality and Data Protection of Personal Data

 

Personal Data and Payment Details that are entered into our online booking system will not be shared with anyone outside of the U Sail Bermuda Team.

  1. Terms of Renting and chartering a Waszp/29er/420/Safety Boat

Terms which apply to all boats:

  • The boats will be allocated at random but if you used a particular boat with us before we will try to keep you with the same boat but this cannot under any circumstances be guaranteed.
  • The cost of any damage to the boat or its equipment (sails or parts) will be charged to you by deducting the repair/replacement cost from the charge already paid to go sailing on this charter or any other charter (Except to Safety Boat as a deposit required). Any excess will be paid by the charterer. The rental charge must be paid again to reinstate sailing, or if the cost of damage is more of the unused portion of the charter then this excess amount must be paid in full to USB before any further rental booking can be made.
  • Any Damages when the rental is done on an hourly basis
  • There is to be no smoking, alcohol or the use of drugs while using any boat and/or on the U Sail Property.
  • The rental shall be properly rinsed , cared for and a water hose provided allowing the boat to be washed, de-rigged and left in tidy condition with the cover on in its allocated space at the ‘U Sail Bermuda’ training location.
  • There will be no changes made to any of the boats unless spoken to U Sail Sailing Principal Manager or the Team.
  • Boat must not at any time leave the waters of Harrington Sound unless you have special written permission from USB.
  • The use of the rental/charter boat may be withdrawn if the sailor breaks any of the conditions of the charter or handles the boat in a inappropriate manner likely to cause damage to the boat or others.
  • You must at all times while afloat be wearing a lifejacket/Buoyance Aid at least with 50 Newtons. If you would like a U Sail Bermuda owned lifejacket during the booking stage, you can add one for a onetime fee of $20.
  • U Sail Bermuda shall be the judge to all matters including costs, repairs and replacements; to this or any other charter from USB including postponement of a session or withdraw of a boat from rental from any reason what so ever including inclement weather or sailing ability of those renting. On any training program course, we will do our best to make sure the course is delivered on the day originally set, however due to inclement weather we will do our best to make up the time lost on the water. A refund will not be given.

 

Waszps Foiling Winged Boat Specific Terms:

  • U Sail Bermuda (USB) has 4 Waszps which are available for rental.
  • As above, no changes are to be made to the boat but we understand on the Waszp, you can make some adjustments but they must be made in the U Sail Bermuda Training Location Only. Anything part that you lose will be treat the same way as damage in the above bullet point and any excess can be paid by card.

29er Boat Specific Terms:

  • U Sail Bermuda (USB) has 5 29ers which are available for rental.
  • One quick release hook trapeze harness is included in the package but you must be wearing a lifejacket over the top. Also, if the red button is pushed because of an entrapment when capsized, the hook will not be charged for but if you lose it because you were misusing then it will be deducted/ charged to your card and we will need your card again for payment. Under this circumstance, cash will be allowed. The cost to a quick release hook is $55.
  • It is compulsory that one person on the 29er carries a safety knife that if someone becomes trapped can cut them lose. The safety knife is recommended not to have a sharp tip and be one that can be locked into place. You will be given one with your rental but it must be returned each time you finish sailing. Or if you want your own you can buy a Gill Safety Knife from U Sail Bermuda for $25 but If you lose the knife while sailing, you will be asked to pay for this cost at the facility preferable by card but under this circumstance we will accept cash.
  • Mast Head Floats must be used while sailing, so please refer to ‘Mast Head Float and Entrapment Policy’

 

420 Boat Specific Terms:

  • U Sail Bermuda (USB) has 6 420s which are available for rental.
  • Mast Head Floats must be used while sailing, so please refer to ‘Mast Head Float and Entrapment Policy’

Safety Boat Specifics Terms:

  • You must at all times while the engine is in gear wear your kill cord!! Failure from doing this is putting other people and yourself at risk of injury.
  • Before leaving each morning, you must pump up the tubes of the rib with the pump provided so the tubes are hard and has no creases. Making sure it is hard at all times while using the RIB. Damage will be caused if the tubes are soft.
  • The cost of any damage what so ever will be borne by the charterer from the $600 deposit which will be returned if there is no damage. Any damage beyond $600 will be paid additionally by the person chartering.
  • You are not permitted to operate the rib during the hours of darkness.
  • You must not remove any advertising sticker from the boat or the engine.
  • If the rib is not ready by 8am on the day when the charterer picks it up because of technical problems, U Sail Bermuda shall reimburse $10 for every hour delayed.
  • It is recommended to have a mobile phone and VHF radio on board the rib at all times.
  • U Sail Bermuda has the right to refuse the charterer should we feel that the customer does not have sufficient power boating skills or if the weather in their sole opinion is unsuitable.
  • The use of the RIB charter boat may be withdrawn if the driver of the chartered rib breaks any of the conditions of the charter or handles the boat in an inappropriate manner likely to cause damage to the boat or others.
  • You must be 18 or older to charter the rib.
  • If you are to leave the rib at a dock location overnight other than on the versa dock at U sail, it is the customers responsibility for the RIB and also to make sure it is tied using the bow and stern line on the boat and make sure fenders are being used correctly.
  • You are chartering this rib at your own risk and must not allow more than the maximum number of persons on board as per the CE Certificate and/or Manufactures signs. There will also be a small laminated card with these details on in the ‘orange’ safety box and a key tag on the key when starting.

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Document name: Terms and Conditions
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July 9, 2018 3:57 pm ADTTerms and Conditions Uploaded by Charles Penruddocke - manager@usailbda.com IP 82.17.45.231