TERMINOLOGY:

These are the Terms and Conditions used by Megayacht Stewardess (Pty) Ltd. and Megayacht Deckhand (Pty) Ltd. – both companies trading under the name of Super Yachting South Africa (from hereon SYSA).  Youare regarded as having read and understood and agreed to the Terms and Conditions upon booking and paying for course/courses at SYSA.

BOOKING PROVISIONAL:

Initial booking/course dates – either verbal/telephonically/via email, will be held for two days only.  It will not be deemed binding upon SYSA until confirmed AFTER payment was received.  If a completed Booking Form and Deposit/Balance is not received within two days, the school shall have the right to sell the vacancy to another student and no liability shall attach itself to SYSA whatsoever, beyond a refund if applicable.         

FIRM BOOKINGS:

Will be deemed firm once the Booking Form is received, completed in full and signed, with one per student with 50% Deposit/Balance. 

CONFIRMATION:

SYSA will confirm the booking, in writing, within 7 days of receiving the completed Booking Form and deposit/full payment.

DEPOSIT:

Your place on a course is secured once we have received a completed booking form, accompanied by payment of course fees as follows:

• 50% of course fee upon booking the course to secure booking – within TWO days of initial date enquiry
• 100% course fee 1 WEEK before commencement of your FIRST COURSE

CANCELLATION/DELAY/NON-ARRIVAL:

Cancellation – MORE than 3 months prior to course:  Course fee returned, less administration charge of 10% of course fees paid.

Cancellation – 1 to 3 months’ notice prior to course:  Full cost of course is due.  If you booked a consecutive group of courses, your cancellation date will be calculated from the start date of the FIRST of those consecutive courses.  Courses 1 to 3 months away can be moved to a later date at no cost, but NOT cancelled without losing all course fees.

Less than ONE MONTH or Non-Arrival at Course:  Full cost of course is due and non-refundable.  SYSA has NO obligation to rebook the candidate/s on a later course, and if the client wishes to rebook the course he/she missed, he/she will have to pay the FULL course fee again to ensure a course booking for a later date.  Unfortunately, NO REASON whatsoever, save for the two exceptions below, will be deemed valid in regards to late cancellation or missing/non-arrival at a course (including any medical issues or COVID-19-related, or the student changing his/her mind about yachting as a career or financial troubles or any other reason).

Any student who fails to arrive, for any reason whatsoever, including illness and COVID-19-related issues, even if you notified the school (any period less than 2 weeks before your course commences), will automatically forfeit the total monies paid and no liability by doing so shall attach to SYSA whatsoever.  SYSA will also not rebook the student/s for a later date without receiving the FULL course payment for the new course date.

BOOKINGS MADE IN YOUR NAME CAN ALSO ABSOLUTELY NOT BE CARRIED OVER ON SOMEONE ELSE’S NAME IF/WHEN YOU DECIDE TO CANCEL.  (We do not allow you to get someone to replace you on a booking that was made in your name).

Course costs will be subject to prices relevant to the revised date of the course (if a price increase has occurred).

If you are likely to be delayed beyond the start of your course, please inform us as soon as possible.

A student who cannot attend their course through illness (including COVID-19-related issues) or commitments elsewhere is requested to contact SYSA as soon as possible.  If it is necessary to cancel the course within twenty-eight days (28) (no less) of commencement of the course, every possible attempt will be made to mitigate the student’s costs and to move his/her dates to a later stage.  If successful, the student will only forfeit the course deposit.  If unsuccessful, the student will be expected to pay the full fee.  It is strongly recommended that the student organises additional TRAVEL, ACCOMMODATION AND CANCELLATION INSURANCE.

The only exceptions to the terms above related to cancellation by the student, are if:

• you are prevented from attending the course either due to being hospitalised or your death- on proof of either of these eventualities, your cancellation fee will be written back; or

• you booked for the course in response to direct marketing by SYSA and then cancelled your booking in writing within the cooling-off period, namely within 5 business days from booking making reference to your cancellation right in section 16 of the Consumer Protection Act and providing a bank letter to demonstrate your account details- in this case, your deposit will be refunded within a further 15 business days from receipt of the cancellation notice.

The above terms relating to forfeiture of the deposit and cancellation fees are deemed to be fair, reasonable and just as contemplated in the Consumer Protection Act, No.68 of 2008, since SYSA would be unable to offer its courses if prospective students could not be deterred from last-minute cancellations. This is the case due to SYSA having to produce and print the course materials, arrange the instructors, book venues and boats, and procure the ingredients used in the courses during the month immediately prior to presenting the course. They find that, particularly in winter, they are unable to fill vacancies which occur in the last few weeks prior to a course commencing.

COURSE DURATION:

Courses start at the exact time indicated on the confirmation form or otherwise stated by SYSA via email or phone confirmation and all students are asked to be punctual for the commencement of each class.  Students will be notified upon Confirmation of booking regarding starting times.

It is essential to know that NO other appointments are acceptable during training hours, such as MCA ENG 1 appointments, visa appointments, etc.  You are expected to attend the full duration of each course for maximum benefit and to earn your course certificate. Our international accreditations forbid us to allow a student to attend any less than the guided learning hours laid out for each course.  If any prior commitments cannot be rescheduled, SYSA must be notified by the student upon booking.

UNDER 18 YEARS OF AGE:

Under 18-year olds are accepted when sailing with parent or guardian.  All Booking Forms for under 18-year olds to be signed by parent or guardian, stating this fact after the signature.  If the student is participating in the Steward/ess course, there will be wine and cocktails tasted – a parent or guardian must please provide SYSA with a letter of consent that the student is allowed to consume alcohol with the parent’s/guardian’s permission.

SEA SICKNESS:

Provision should be made by the Student if he/she suffers from seasickness.  Students with special medical problems should also check that their GP considers them safe to sail and advise SYSA of the condition upon booking, and both the Principal and Skipper when reporting for the course.  Bring any personal medication necessary.

SKIPPER’S/PRINCIPAL’S DECISIONS:

The Principal’s decision is final at all times, on any of the School’s property and the School’s vessels, until the Skipper takes over.

Skipper’s decisions:  From the moment the Skipper steps onboard the instruction vessel in accordance with marine practice, the Skipper’s decisions are final always.

All crew/students will accept all orders and decisions given to them by the Skipper at all times whilst onboard the School’s vessel or ashore, for the duration of the course until the course is complete and the Skipper is no longer onboard the vessel.  The Skipper’s Authority is total day and night in accordance with the Maritime Law.

If for any reason whatsoever a Student does not accept an order from the Skipper or his designated substitute, whether the Student considers it to be reasonable or not, the Student shall be considered to be in breach of his Articles of Sailing.  The Skipper shall take any action or decision he considers fit for the well-being of the vessel and crew.  If the Student is placed ashore at the nearest port, no liability whatsoever shall attach itself to SYSA and neither shall the Student redress for any expenses or unused portion of the fee.  Neither any redress against the Skipper or SYSA as a result taken by the Skipper.

SEA TIME:

Every attempt will be made to give Students maximum sea time.  However, if in the Skipper’s opinion, weather conditions, safety or any other consideration renders it imprudent; the Skipper’s decision is final.

VESSEL CHANGE:

If the School changes vessels, due to any vessel becoming unsuitable, for any reason whatsoever, or delay in this in no way affects the validity of the booking of the Terms and Conditions stated herein they remain good.

SCHOOL CANCELLATION:

If the School is unable to fulfil a booking (not applicable to postponements of course dates, only applicable to cancellations of courses) or a vessel becomes unseaworthy, the School will inform the student immediately when the knowledge is available.  No liability shall attach itself to the School beyond the refund of the full course fee paid by the Student or unused portions thereof (this does not apply to postponements of courses – should the school need to postpone a course due to a valid reason like bad weather or COVID-19-related issues, the school will commit to issuing a new, later course date to the student).

If the postponement of a course due to the School being unable to fulfil a booking results in a discounted course fee no longer applying, the School will nevertheless honour the discount.

SCHOOL INSURANCE:

SYSA provides protection against legal liability for third party property damage or bodily injury to third parties, arising out of all training/course activities only.  Students will be expected so sign an Indemnity form prior to starting any SYSA course.

Our Refund Policy is limited to course fees only, therefore we strongly recommend additional insurance for sickness, illness, school fees, illness or accident onboard, or any other reason the Student considers prudent for his personal lifestyle or well-being.  The Student agrees the School Insurance Policies are adequate and the Policy is available, on request, for inspection at SYSA Offices.

EYE TEST:

All students taking part in RYA Power Boat Level II or RYA PWC training, or any other Deck Rating Certification, must have their eyes tested for colour blindness prior to booking, as licenses cannot be commercially endorsed if the holder of the license is colour blind.  An eye test is included in the MCA ENG 1 examination.  SYSA shall not be held responsible for any moneys should a student be refused an ENG 1 certificate by the Doctor.

DISCLAIMER:

No liability is accepted for any Student’s vehicles, or the contents or their vehicles, parked anywhere during course hours or thereafter.  SYSA also does not accept liability for Student’s possessions whilst in the classrooms, boats, jet skis, or whilst in SYSA’s vehicles.

No liability is accepted for Students whilst on SYSA grounds and offices, on ladders, pontoons, docks or vessels and all Students participate in any aspect of any course at their own risk.

COVID-19 DISCLAIMER

In booking/paying for course/s, the student agrees and confirms that he/she has willingly requested SYSA’s Tertiary Education Services to be provided to him/her and to attend the training sessions facilitated by the nominated Facilitator.

The student agrees that SYSA, its affiliates and/or employees shall not be liable for any loss or damage (patrimonial or non-patrimonial) or any other claims caused as a direct or indirect result of the student being infected with the virus, including but not limited to loss or damage (of whatever nature) and hereby exempts SYSA for any and all liability and responsibility and indemnifies SYSA, its employees and affiliates against and holds it harmless from all claims brought about by, or in relation to:

• The training service being provided to the student;
• The student contracting the virus, or falling ill as a result thereof;
• The student being hospitalised, quarantined, or otherwise isolated for whatever period as a result of the virus;
• The student spreading the virus to third parties;
• Any consequences flowing or following from contracting the virus;
• Loss of income or enjoyment of life or any other loss of whatever nature whatsoever;
• The student’s death and/or;
• Events beyond the control of SYSA

The student agrees and confirms that he/she has read this document fully and understand the contents thereof.  The student is legally capable of providing this consent, disclaimer and indemnity.

BREAKAGES, LOST ITEMS OR DAMAGES:

Howsoever caused must be immediately notified to the Skipper or Principal for safety.  Students shall be liable for any loss or damage to School Equipment, vessel’s Equipment, up to an including the first R 2 000.00 per item.

CERTIFICATES AND COURSE EVALUATION:

SYSA’s standards of Instruction are high and certificates will only be issued at the end of a course if, in the opinion of the School’s Instructors and Principal, the Student has reached the necessary standard.  The School’s Principal and Instructor’s decision shall be final and accepted by all students.

Reviews and Evaluations done by Instructors during all training courses at SYSA, will be placed in a Student File, which can drastically increase or decrease their chances of employment.  It is important to know that the Student will represent SYSA after completing their training, therefore it is up to each Student to make an impression during training.  All crew will be Evaluated and Assessed during the courses for the following:

– Positive personality traits

– Tidiness

– Punctuality

– Professionalism

– Pro-Activeness

– Getting along with other students and Instructors on the course (showing manners and respect)

– Overall Performance

– Good communication skills

– Enthusiastic participating in class theory and practical sessions

– Being willing to assist in cleaning up, washing down, packing away during training

Please note that in NO way can Super Yachting South Africa be held responsible if a student does not find placement on board a yacht of any kind after completing their training.  Students are responsible for finding their own employment after completing their training.  The courses are written and presented by Industry Professionals with regularly updated information with the focus to prepare students with the necessary practical skills and theoretical knowledge. The Evaluation and Assessment done after each SYSA and RYA training course will highlight the student’s strengths and weaknesses as experienced by the Instructors of SYSA (evaluated on the abovementioned personality traits, as well as a written exam in certain courses) and this can be supplied to future employers and interested parties if the student wishes to do so.

SYSA reserves the right to ask a student to leave a class or course WITHOUT REIMBURSEMENT/REFUND should the student misbehave and show rude behaviour towards the Instructors or fellow-students.  We take rudeness, disrespect, inability to follow class rules and foul language very seriously and this will not be tolerated in any form.

DUTIES ONBOARD:

All students will be expected to participate in cleaning the vessels and routine maintenance as required by the Instructor.  At the end of the course, all Students will be required to clean the vessel from bow to stern.

DUTIES IN THE CLASSROOM:

All students will be expected to participate in cleaning up, packing away and keeping the classroom tidy during training.  Students are also requested to refrain from using cell phones during training, unless it is an Emergency.

VISAS AND TRAINING REFUNDING:

SYSA will under NO circumstances be held responsible for an unsuccessful visa application, and refunds of course monies will NOT be made if a candidate has trained, but failed to get a visa before or after completing training.  SYSA does NOT accept responsibility for a monetary loss in flight tickets, accommodation bookings, visa application fees, or any other fees involved in the visa application.

UNSUCCESSFUL ENG 1 MEDICAL EXAMINATION:

Under NO circumstances will SYSA be held responsible for the unsuccessful application for an MCA ENG 1 Medical Examination.  Refunds of course fees will NOT be made by SYSA if an ENG 1 application is unsuccessful.  Conditions such as:  pacemakers, heart problems, multiple sclerosis, cancer, brain tumours, anti-anxiety medication, epilepsy, colour blindness, etc. can and probably will cause a student to be refused an ENG 1 Full Medical Seafarer’s Certificate.  If there is any doubt that the student will receive an MCA ENG 1, candidates should contact the MCA approved doctor BEFORE he/she signs up, books and pays for any SYSA or other Training Courses.     

REFERRALS TO OTHER TRAINING SCHOOLS:

The SYSA Steward/ess, SYSA SYT Deck Hand, RYA Powerboat Level II, RYA Jetski (PWC), SYSA Chief Steward/ess and SYSA 2 Day Chef and all other SYSA courses are all taught by SYSA and its qualified instructors.  Courses not falling within such ambit are referred to other reputable schools. As a courtesy to our clients, we arrange all dates for SYSA and other courses and collect full payment for all such courses and then pay the relevant fees over to other schools in respect of aforesaid outsourced courses.  Although we take every precaution possible to refer our students only to the schools with a well-established track record and reputation, SYSA is NOT legally nor financially nor in any other way responsible for any scheduling changes or ANY other irregularities or injuries occurring prior to or during training at other schools.

COURSE MANUALS (ONLINE AND PRINTED):

Our SYSA Manuals were designed and written for use by Super Yachting South Africa. All rights are reserved.  No part of our online or printed publications may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of Super Yachting South Africa. The course material is confidential and by taking/paying for the course, students accept that they may not share the Manuals or its contents with others. Online manuals can be tracked via the embedded password (i.e. the student’s email address), so if we find any unauthorized PDF copies of our manuals online or elsewhere, SYSA will be able to trace it back to the individual who posted it without authorization.

DATA PROTECTION CONSENT:

By booking a course I consent in favour of SYSA that my and my next-of-kin’s personal information may be processed as defined in the Protection of Personal Information Act, No. 4 of 2013 (“POPI”), and specifically consent that:

• it may be retained for the duration of the commercial relationship between the Parties and a period of five years after the last payment received from me by SYSA, as well as that-
• it may be collected (including collection from any third party or source other than me),
• received by SYSA,
• recorded, organised, collated, stored, updated, modified, retrieved, altered, consulted, used, processed for the purpose of direct marketing,
• transmitted- including transmission to a third party in a foreign country, distributed or made available- also in another form, subjected to further processing,
• merged, linked, restricted, degraded, erased and/or destroyed.

It is recorded that the retention of the student and his/her next-of-kin’s personal information as defined in POPI is required in terms of this agreement.

The student consents that SYSA need not comply with the notice requirements in section 18(1) of POPI.

The parent/guardian of any student under eighteen years of age will ensure that any personal information of a child will be supplied to SYSA only with the consent of a competent person to all the provisions set out in this clause. 

The student indemnifies SYSA against any claim or penalty brought by any data subject whose personal information was made known to SYSA in the course of its relationship with the student.   

DISPUTE:

In the event of dispute not being settled by mutual agreement, it is agreed that an impartial party shall elect an Arbitrator whose decision shall be final.  It is further agreed that all agreements between customers, clients and Students and Staff of SYSA shall be governed by South African Law.

FULL AGREEMENT:

These Terms and Conditions form the entire contract between SYSA and you and no statement not recorded in the agreement will be binding.

WAIVER:

No waiver by SYSA of any breach of these Terms and Conditions by the student shall be considered as a waiver of any subsequent breach of the same or any other provision.

SEVERABILITY:

If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the remaining provisions of these Terms and Conditions shall not be affected by this finding.

CHANGES TO TERMS AND CONDITIONS:

SYSA reserves the right to change these Terms and Conditions from time to time where circumstances require, provided that such changes will be reasonable and will be communicated to the student on reasonable notice.