Terms and Conditions
1.1 The 'Student' means the applicant whose booking for the Training Services is accepted by BSAC-SE.
1.2 'BSAC-SE' means the BSAC South East Region Coaching Scheme.
1.3 'Conditions' means the conditions of sale set out in this document.
1.4 'Training Services' means the Training Services which BSAC-SE is to supply in accordance with these Conditions.
1.5 'Writing' includes facsimile transmission, [email] and other comparable means of communication.
2.1 These conditions shall apply to all bookings of Training Services by BSAC-SE made by the Student to the exclusion of all other terms and conditions.
2.2 No variation or addition to these Conditions shall be effective unless agreed in Writing by BSAC-SE.
2.3 BSAC-SE’s members, instructors or agents are not authorised to make any representations concerning the Training Services unless confirmed by BSAC-SE in Writing and in entering into the contract the Student acknowledges that it does not rely on any such representations which are not so confirmed.
2.4 Any typographical, clerical or other error or omission in any literature, quotation, syllabus, acceptance of booking, invoice or other document or information issued by BSAC-SE shall be subject to correction without any liability on the part of BSAC-SE and without any prior notification. The views and opinions expressed in any literature or on BSAC-SE’s website are the views of the contributors and should not be taken necessarily as fact.
2.5 Nothing in these Conditions shall affect the statutory rights of any consumer.
3.1 The price shall be that on BSAC-SE’s current list price. The Student should confirm prices at the time of booking.
3.2 BSAC-SE reserves the right to alter prices prior to delivery of Training Services to reflect any indirect or direct increase in costs to BSAC-SE but if the price has been paid in full prior to delivery no price revision may take place without the prior written agreement of the Student.
4.1 Payment must be made in full before delivery of any Training Services.
4.2 Payment may be made by cash, cheque, visa, mastercard, or switch.
4.3 Failure to pay shall entitle BSAC-SE at its option to treat the booking as cancelled by the Student.
5 Interest on Overdue Invoices
5.1 Interest on overdue invoices shall accrue on any unpaid amounts from the date when payment becomes due at 2 per cent per annum above NatWest Bank plc base rate from time to time until the date of payment (a part of a month being treated as a full month for the purpose of calculating interest).
5.2 All invoices shall be paid in full, free from any deduction for any set-off or counterclaim.
6 Warranties and Liabilities
6.1 Subject to the conditions set out below BSAC-SE warrants that the Training Services will at the time of delivery correspond to the description given by BSAC-SE.
6.2 BSAC-SE reserves the right to alter the venue of the Training at short notice.
6.2 BSAC-SE shall be under no liability under the above warranty if the total price for the Training Services has not been paid by the due date for payment.
6.3 Except in respect of death or personal injury caused by BSAC-SE’s negligence, BSAC-SE shall not be liable to the Student for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by negligence of BSAC-SE, its employees or agents or otherwise) which arise out of or in connection with the supply of the Training Services.
6.4 The entire liability of BSAC-SE under or in connection with the contract shall not exceed the price of the Training Services, except as expressly provided in these Conditions.
6.5 Students are advised to insure their equipment, chattels and possesions.
6.6 All vessels used on a course must be insured in accordance with the BSAC rule 5e and for the purpose of use on an instructional course.
7 Requirements for Attendance
7.1 Students will provide evidence that they meet the course pre-requisites in terms of current BSAC membership, current medical declaration, diving qualifications, and diving experience. Failure to do so may prevent participation.
7.2 Students will bring any necessary equipment advised in the booking notes. Failure to do so may prevent participation.
7.3 Students will not be permitted to partake in the Training if they are not physically or mentally fit to do so.
7.4 Students will observe the guidance and recommendations of the BS-AC, including but not restricted to the BS-AC Safe Diving, during all Training.
7.5 Students will at all times observe and obey all reasonable instructions of the BSAC-SE Training Instructors.
7.6 Students excluded from participation for any of the reasons above will not be eligible for any refund.
8 Refunds and Cancellations
8.1 Where Training is cancelled by BSAC-SE, a full refund of fees will be made, or, where requested by the Student, credit given for future Training.
8.2 Cancellations of bookings by the Student must be made in Writing to the Skills Development Course Organiser.
8.3 If a Cancellation is received three weeks or more before the date of the Training, then a full refund of fees will be made.
8.4 Substitutions of Students may be made at any time in Writing to the Skills Development Course Organiser.
9 Customer Service queries
9.1 BSAC-SE shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the Student has made within 48 hours of receipt of any such query.
9.2 BSAC-SE shall make every reasonable endeavour to respond to complaints within 5 working days and keep the Student reasonably notified of any progress thereafter.
10 Force Majeure
10.1 BSAC-SE shall not be liable to the Student or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of BSAC-SE’s obligations in respect of the Training Services, if the delay or failure was due to any cause beyond BSAC-SE’s reasonable control.
11.1 The contract shall be governed by the laws of England and the Student agrees to submit to the non-exclusive jurisdiction of the English courts.
This page was last updated on : 01 Jun 2011