YOUR CONTRACT WITH TOP TIER SAILING SCHOOL
Your contract is with Top Tier Sailing, LLC. (“Top Tier”). The following Terms and Conditions will be incorporated into every contract between you and Top Tier. By making a payment, you will be accepting the Terms and Conditions for all members of your party, and you are therefore advised to read them carefully. The booking will become binding when the credit card authorization form is signed and received by Top Tier.
TRAVEL INSURANCE
You will be required to purchase a travel insurance policy to cover any unexpected events. You are responsible for ensuring that you have travel insurance that covers baggage and personal effects, trip delay, trip interruption, trip cancellation, medical expenses, and repatriation, if necessary. You are also responsible for ensuring that this insurance covers you while sailing. Top Tier recommends several Travel Insurance providers including Travelex Insurance, Square Mouth, and Travel Guard. Proof of travel insurance will be required at the time of your final payment 60 days before the course start date.
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PAYMENT SCHEDULE AND DEPOSITS
For all courses and charters, a deposit of 30% of the total course or charter fee is required to complete enrollment, followed by the remaining 70% balance due 60 days prior to the course start date. The deposit and Final Payment can be paid online via our secure credit card payment portal by following the link provided on the Client invoice.
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CANCELLATION POLICY
If a cancellation is made more than 60 days prior to the course start date, all deposits will be refunded less a $300 cancellation fee per person. If cancellation is made 60 days or less prior to the course start date, all deposits and payments paid are forfeited. You must notify Top Tier of cancellations in writing by post or email. The penalties will be calculated from the date we receive your cancellation request. We reserve the right to cancel a course at any time. If we do so, we shall return all monies paid by you to Top Tier with respect to the provision of the course.
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COURSE CHANGES AND TRANSFERS
You are not entitled to change the date and/or type of a course reservation once confirmed. We will, however, make best efforts to accommodate changes that you request. Alternative dates will be provided based on availability. There is no refund if alternative dates are not available. Course type may be changed in accordance with instructor permission, either before or during your course. If a less expensive course is chosen after payment, we will not refund any difference in course fee. If a more expensive course is chosen after payment, you will be billed for the difference in course fee.
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LEGAL OBLIGATIONS
You are solely responsible for complying with all laws, regulations, orders, demands, and requirements of the British Virgin Islands. Top Tier shall not be liable in any way whatsoever to you in connection with your obtaining necessary documents or complying with such laws, regulations, orders, demands, requirements, or instructions, whether given orally or in writing or otherwise, or for the consequences to you resulting from your failure to obtain such documents or to comply with such laws, regulations, orders, demands, requirements, or instructions. You should note in particular that only persons whose details are registered on the crew list may be carried aboard. Please note also that no items or antiquities may be removed from land, the beach, or the seabed.
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TRAVEL DOCUMENTS
You are responsible for obtaining and must possess and have available for presentation as required all entry and exit, health, and other documents required by laws, regulations, orders, demands, or requirements of the British Virgin Islands. Top Tier reserves the right to refuse to provide a course to anyone who has not complied with, or whose documents do not appear to comply with, applicable laws, regulations, orders, demands, or requirements. Prior to your course start date, you will need to show proof of purchase of a travel insurance policy to cover any unexpected events.
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YACHT SPECIFICATION
Top Tier may alter the specification of the yacht if, in its absolute discretion, it deems it necessary to ensure that you gain the maximum benefit from your sailing; if, in its absolute discretion, it deems it necessary to ensure the safety of yourself, other crew members, and other water users; or if the yacht advertised becomes unavailable due to maintenance issues.
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WEATHER AND FORCE MAJEURE
If weather conditions are the reason for course postponement, then alternative date(s) will be offered, where possible. An alternative date must be accepted within three months from the original date. We will not provide a refund where weather or other force majeure reasons are the reason for postponement. You will be responsible for any increase in cost due to seasonal variations or change in sailing selection. Top Tier will always make best efforts to provide courses as published. However, in the event of other force majeure, including an act of God, strikes, lock out, act of government, or any other occurrence beyond our control, Top Tier will not be liable if prevented from fulfilling its obligations. We will always endeavor to provide a service of equal quality if possible. Client also acknowledges that all Participants have been informed that Top Tier is not responsible for wind and weather conditions during the course dates.
OTHER PARTICIPANTS
Client acknowledges that all Participants have been informed that Top Tier is not responsible for incompatibility with other participants in the courses.
CONDUCT ABOARD SCHOOL VESSELS
If, in our reasonable opinion, you conduct yourself aboard one of our vessels so as to endanger the vessel or any person or property on board, behave in a disorderly manner, or behave in a manner to which other clients may reasonably object, Top Tier may take such measures as we deem necessary to prevent continuation of such conduct, including your removal from the vessel. You may be prosecuted for offenses committed on board a vessel. You agree to abide by the orders of the skipper/instructor in command of the school vessel at all times.
​You must accept responsibility for the proper conduct of yourself and all members of your party. We reserve the right in our absolute discretion to terminate, without further notice, the sailing arrangements of any client who refuses to comply with the instructions or orders of the skipper or other staff employed by Top Tier or whose behavior or competence in their opinion is likely to cause distress, danger, or annoyance to their crew, other clients, staff of any third party, or property. Upon such termination, our responsibility for your sailing ceases, and Top Tier shall not be liable for any extra costs incurred by you.
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DRUGS AND ALCHOHOL
Top Tier prohibits carrying, using, or consuming illegal drugs, including marijuana, on its boats, classrooms, or offices. Alcohol should not be consumed while underway and during course instruction, but is allowed after instruction sessions end each day.
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PHOTOGRAPHY
Top Tier instructors and staff will sometimes take photographs for use in publicity material. If you have any objection to your image being used for this purpose, please inform the Top Tier instructor or staff when photography takes place.
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PASSING OR FAILING COURSES
An instructor and/or examiner will assess your skill level during the course. Some courses will also have a written exam. At the end of the course, your instructor/examiner will decide if you have passed or failed. Their decision is final. However, if you disagree with their decision, you may make an application to Top Tier for redress.
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COMPLAINTS
We sincerely hope you will have no cause for complaint. If you have a complaint about any aspect of our course or service, please make it known to your Instructor at the time of occurrence. We take all complaints very seriously. If you are still dissatisfied, please let us know in writing on the Feedback Form that you will receive at the end of the course or by emailing SAIL@TOPTIERSAILING.COM. We take the quality of our service seriously and will do what we can to remedy the situation.
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DISCLAIMER
Top Tier shall not be held liable for death, personal injury, loss, or damage to property howsoever arising. By signing the booking confirmation form, you thereby release, to the full extent permitted by state, law, and equity, Top Tier, its employees, and its agents from all actual and contingent liability in respect of such personal injury, death, loss, or damage.