General Terms & Conditions

1. BOOKING CONFIRMATION: Bookings are secured with a 25% deposit and full payment a minimum of 28 days prior to course start.  Bookings within 28 days of course start require full payment.
2. REFUNDS/CANCELLATIONS/RESCHEDULING: Southern Cross Yachting (‘SCY’) does not provide refunds. In an unforeseen circumstance where a student cannot attend the scheduled course, the student may reschedule only once, at the discretion of SCY, and incur an administration fee of $150 for the change. If a future date cannot be decided on at the time of reschedule, a 12-month credit is held from the date of receipt of full payment, whereby the future course must be completed within this time-frame. SCY must receive the rescheduling request at least 14 days prior to departure. Any student who fails to arrive, for any reason whatsoever including illness and has not given notification, forfeits all fees paid. If SCY cancels a course, a position on a future course will be offered or the value applied to another course within 12 months. Courses require a minimum of two students and SCY reserves the right to reschedule a student who is booked on to a course where this minimum requirement is not achieved. Where a prior theory course is a pre-requisite, SCY reserves the right to cancel a student’s practical training, and forfeit all fees paid, within 28-day period prior to departure in a circumstance where completion is not reasonable and failure of certification will inhibit other students onboard. Completion of the relative theory course is the sole responsibility of the student. Students booking for the Yachtmaster Preparation Week and Yachtmaster Exam are required to pay the full course and exam fees payable to SCY at the time of booking. Due to the limited availability and scheduling requirements of these courses, no refunds or rescheduling will be offered except in the case of verified medical illness, supported by a medical certificate issued by a licensed practitioner.
3. MINORS: Any student under 16 years old must be accompanied by a parent or guardian.
4. HEALTH: Students with medical conditions are responsible for confirming their medical practitioners consider them safe to sail and advise SCY of the relevant conditions when booking, and both the principal and instructor when attending the course. Bring any personal medication necessary.
5. PRINCIPAL’S DECISION: Principal: The Principal’s decision is final at all times on SCY’s property and SCY’s vessels until the appointment of the Instructor. Instructor: From the moment the Instructor steps onboard their decision is final in accordance with Marine Law. Students: All students will accept decisions given to them at all times whilst onboard or ashore, for the duration of the course until the course is complete and the Instructor is no longer onboard the vessel. Every student must act in a safe and responsible manner at all times and if the Principal/Instructor deems a student is not, the student will be asked to disembark the vessel at the nearest port with no liability, expenses or unused portions of fees attached to SCY.
6. WEATHER: If, in the Principal’s/Instructor’s opinion, weather conditions are deemed unsafe, SCY will inform students as soon as possible. SCY is not liable for any travel expenses incurred by students in the event of a cancellation. SCY will offer credit to the value of booking for use within 12-months of the cancellation.
7. INSURANCE: SCY, its vessels and instructors are insured for boating tuition.  Activities undertaken by students while not on the vessel (including, but not limited to, walks ashore and swimming) are done so at the student’s own risk.  SCY accepts no liability for any injury, loss, damage, illness, accident, delay or expense incurred as a result of participation in these activities.  SCY recommends students consider their personal insurance requirements.
8. DISCLAIMER: No liability is accepted for students’ vehicles parked in the Marina grounds or students’ possessions in the vehicle, on the pontoons, SCY’s property or vessels. No liability is accepted for students whilst on pontoons or SCY’s property/vessels. All participation is done so at one’s own risk. Sailing is a sport that can cause injury.
9. CERTIFICATES: SCY’s standards of instruction are high. Certificates are issued at the end of a course only when/if the instructor deems the students is qualified in accordance with RYA Handbook. Reissuing of certificates, for any reason, is completed directly with RYA. Students who do not meet the required standard to pass their course will be issued an Action Plan outlining the competencies and tasks that must be completed to achieve certification. Action Plans must be fulfilled within 12 months of the date of issue. Completion of these requirements will incur additional costs beyond the original course fee.
10. DUTIES ONBOARD: All students are expected to engage in all duties required to run a vessel including, but not limited to, meal preparation, cleaning and/or routine maintenance as well as a final clean of the vessel at course completion.
11. LOST PROPERTY: SCY is not responsible for any articles of clothing or other property left on an SCY vessel or property.
12. SERVICES PROVIDED ON OTHERS’ VESSELS: SCY allocates an Instructor for a fixed number of days for travel to/from the vessel and provision of onboard training/delivery services. Fees for training/delivery are to be paid in full prior to departure; and costs for Instructor’s travel to/from the vessel outside of the Greater Brisbane area are to be reimbursed to SCY. Onboard meals and private accommodation are to be provided (or expenses reimbursed to SCY) for the Instructor for training/delivery exceeding one day. Vessels must be seaworthy; and required safety equipment onboard, serviceable and in-date. When weather, mechanical or other matters outside of SCY’s control delay or prohibit the yacht’s travel or provision of training/delivery, SCY will try its best to accommodate the shifted additional days (at student’s/owner’s cost) for the Instructor to continue with the training/delivery to the agreed destination or completion of course. However, when a conflict arises with an Instructor’s prior commitments, SCY will discuss options with the student/owner when the delay is first evident and discuss options including additional delivery or transfer costs for an Instructor to return to the vessel at a later date. For ‘Own Boat Tuition’ with student/owner onboard, the Instructor provides instruction/guidance and is at no time the master of the vessel, therefore, will not accept liability or responsibility for any damage obtained during the tuition.

    13.  SAILING ADVENTURES & MILE BUILDING PASSAGES: SCY reserves the right, at its sole discretion, to alter departure dates, arrival dates, passage duration, departure locations and/or finishing locations for any Sailing Adventure or Mile Building Passage. Such changes may be required due to weather, sea state, mechanical considerations, port restrictions, operational requirements, crew welfare, or any other circumstance affecting the safe and practical operation of the vessel.  The safety of the vessel, students and instructor is paramount at all times and all decisions made by SCY, the Principal and/or Instructor in relation to the conduct, timing, routing or operation of the passage are final.  Students acknowledge that passage plans, schedules, departure points and arrival points are indicative only and may change without notice. SCY accepts no liability for any costs, losses, damages, surcharges or expenses incurred by students as a result of any alteration, delay, cancellation, rescheduling or relocation of a passage, including but not limited to flights, accommodation, transport, meals, tours, transfers, leave arrangements or other associated travel expenses.  SCY strongly recommends that all students purchase flexible or refundable flights, accommodation and travel arrangements and consider obtaining suitable travel insurance to cover unforeseen changes or disruptions to any/all of our courses.

Own Boat Tuition Terms and Conditions

Yachting Qld Aus Pty Ltd (ABN 55 649 642 795)

1. Definitions

2. Acknowledgement of Risk
2.1. The Client acknowledges and agrees that in undertaking own boat tuition (OBT) or boat delivery with the Company:

• Participation is entirely at the Client’s own risk.
• Outdoor activities involve inherent risks, dangers, and hazards, including but not limited to: natural disasters, forces of nature, weather conditions, vessel factors, water hazards, isolation from medical facilities, difficult evacuation, equipment failure, mechanical breakdown, human error, and accidents.
• These risks may result in serious injury, illness, death, or loss/damage to personal property.

3. Instructor Role and Limitation of Responsibility
3.1. The Client acknowledges that the Company’s instructor is on board in a coaching and guiding capacity only.
3.2. The instructor is not the master of the vessel at any time and will not accept liability or responsibility for any damage, loss, or incident that occurs during tuition or delivery.
3.3. The Vessel Owner remains the skipper and is legally responsible for the safe management, operation, and navigation of the vessel at all times.

4. Release of Liability
4.1. The Company shall not be held liable for death, personal injury, or loss or damage to property, however arising.
4.2. To the full extent permitted by Commonwealth and State laws and in equity, the Client hereby releases the Company, its instructors, directors, employees, volunteers, providers, and agents from all actual and contingent liability in respect of such injury, death, loss, or damage.
4.3. The Client further agrees to indemnify the Company and its employees for any and all legal fees (on a solicitor and own client basis) or costs incurred in defending any lawsuit or claim brought by the Client.

5. Vessel Insurance
5.1. The vessel must be insured by the owner for loss, damage, and legal liability to third parties.
5.2. If the vessel is on delivery, the owner authorises the Company to skipper the craft and undertakes to secure the consent of the insurers to this agreement.
5.3. A certificate of currency issued by the insurance provider must be provided as evidence of insurance coverage.
5.4. It is the owner’s responsibility to request their insurer either:

• to co-insure the Company on the vessel’s policy for the duration of instruction/delivery; and/or
• to apply a waiver of subrogation.

6. Vessel Condition and Seaworthiness
6.1. Vessels must be seaworthy, with all equipment in serviceable condition, and appropriately insured for the purposes of tuition or delivery.
6.2. Own boat tuition will only be undertaken on a vessel owned by one of the course participants.
6.3. The vessel owner shall not hold the Company or its instructors responsible for any loss or damage to the vessel, equipment, or any person on board.

7. Course Delivery and Costs
7.1. In the event that the course or delivery cannot be completed in the time booked, the Company will charge for any additional time required.
7.2. The quoted price and number of days assume fair weather and no mechanical failure.
7.3. Should delays occur due to weather or mechanical failure, the usual daily rate will apply for all additional days.
7.4. Travel costs incurred by Company instructors to and from the vessel must be reimbursed by the Client for all yachts located outside the Greater Brisbane area.

8. Binding Effect and Acceptance of Terms
8.1. This Waiver of All Claims, Release from Liability, and Assumption of Risk is binding upon the Client, their heirs, executors, administrators, personal representatives, and assigns.
8.2. By signing this agreement, the Client acknowledges that:They have carefully read and fully understood this agreement.

• They may be forever prevented from suing or otherwise claiming against the Company for certain loss or damages, whether relating to property or personal injury, sustained while participating in sailing activities.
• Southern Cross Yachting is acting in a coaching and guiding capacity only and is not responsible for the vessel or any other person onboard.
• Additional Terms and Conditions are available on the Company’s website and form part of this agreement.

Privacy Policy

All information collected by Southern Cross Yachting is used for the sole purpose of providing its sailing services to students. Student information is held on a secure online booking platform, and information shared with student’s Instructors includes students’ name, email, mobile, emergency contact, sailing experience, and any medical or dietary disclosures. At times, Southern Cross Yachting may use a third party provider to deliver tuition or course materials and, in addition to the above, student mailing address and date of birth may also be supplied to the provider. We do not sell or misuse information. All information is used in accordance with The Privacy Act (1988).