GENERAL CONDITIONS CONDITIONS

Transcription

1 CONDITIONS Participant must be at least eighteen (18) years old or sixteen (16) years old with the parental/guardian consent at the time of reservation Participant must be healthy Participant must be a swimmer The participant must accept program and program schedule Participant is attending one of purchased programs at their own risk Participant may be suspended if it fails to comply with program and schedule or due serious violation or disruption of the program, alcohol consumption or consumption of other intoxicating substances, and has no right to refund costs Participant has no right to refund costs in the case of their own quitting Page 1 of 7

2 1. RESERVATION A person selects and reserves sailing program or another program with the service provider Academia Navalis Adriatica (hereinafter A.N.A), on mutual relations between program participant and A.N.A, are applied contractual obligations defined in this document. Regardless on the number of participants in each reservation A.N.A would only communicate with the person who making reservation. This also applies to all additional contacts, such as modification or cancellation of the reservation. Person who making the reservation, must at the time of reservation be 18 years old and be capable of working. Person is responsible for the accuracy of personal information in the reservation system, as well as the accuracy of any data about participants for which making reservation. Person is responsible to forward an information received from A.N.A to other participants for which making reservation. If the person making reservation for a person aged between 16 and 18 years, it must be accompanied by a parent or guardian or must have a signed parental / guardian consent. There are other possible restrictions and conditions of use for certain programs, which may be specified in the description of such programs. PRICE All prices which A.N.A. announces are correct at the time of publication. A.N.A. retains the right to change prices without prior notice. A.N.A'S RIGHT TO MAKE CHANGES A.N.A. retains the right to change plan and program, because of operational reasons, or in the case of evaluation that such a change is in the interest of participants. If this happens, the persons will be informed as soon as possible, and the changes will have no impact on the price of the course. Persons have right to cancel reservation of changed program with a refund if changes are not acceptable to them. PERSON RIGHT TO MAKE CHANGES If a person has specific requirements related to the program, they can specify them at time of reservation. Subsequent changes are sometimes possible, but may have an impact on price change of the reserved program. 2. PRIVACY PROTECTION PERSONAL INFORMATION The reservation system requires from person opening an account and entering of Page 2 of 7

3 personal data. This applies to information, such as name and surname, contact information, special needs and others. These data are also related to the person for whom the reservation is making. The person who making the reservation, shall notify all persons for whom reservation is making about privacy protection and get their approval to act on their behalf. A.N.A will received information keep up to date, accurate and completed. USING PERSONAL DATA (1) For the purpose of providing services, programs, insurances, permits, etc. it is possible that personal data is used outside of the A.N.A. (2) Data such as religious or medical information may be considered as sensitive data. Such information A.N.A. collects in order to protect person. With reservation of program, person allows to A.N.A to use sensitive information outside the A.N.A, in case of emergency such as communication with insurance companies or medical assistance. If the person disagrees with this, A.N.A. cannot accept such reservation. DIRECT MARKETING (1) A.N.A. reserves the right to contact person periodically, with new offers, brochures, upcoming events and special promotions, and considers that the person has agreed with that during the reservation process. (2) A.N.A. will never share personal information with third parties for advertising purposes. (3) If a person does not want to receive such materials, please read the paragraph (2) section of the "PERSON RIGHTS". PERSON RIGHTS (1) Based on the request of the person, A.N.A. will allow access to all stored information about the person. Such request should be sent by mail with the subject "Access to data" to address info@anasail.com or submitted to retail location. (2) The person may request deletion from the list of contacts, by sending the mail to address info@anasail.com. It is always possible to use the "Unsubscribe" option, which will prevent sending further notices to the person. USING "cookies" AND LINKS TO OTHER WEB SITES A.N.A. may use cookies to enable the identification of the computer. A person may prevent acceptance of cookies in the Internet browser, but in that case some of the functionalities of the website and the reservation system will be lost. A.N.A. may use cookies for tracking online behaviour of visitors and participants in order to improve the use of on-line websites. By using A.N.A. website and reservation system person accepts the use of cookies. Page 3 of 7

4 A.N.A. Web sites may contain links to other Web sites. A.N.A. is not liable for the content of these pages and functionality of these links. MONITORING In order to ensure quality and safety during the provision of services and the protection of the A.N.A, persons and participants, A.N.A may monitor and / or record: (1) phone calls, (2) use security cameras in and around the base, (3) transactions and activities at points of sale and (4) information about geo-location of the boats. All the images are exclusively A.N.A ownership. DECLARATION OF SECURITY A.N.A. has taken all reasonable steps and measures to protect personal data. MODIFICATION OF THIS POLICY Any changes of this Policy will be posted on A.N.A website and reservation system, and will be available on request via CANCELLATION OF RESERVATIONS CANCELLATION BY A.N.A. A.N.A. reserves the right to cancel the program due to reasons beyond control (force majeure). In this case, persons will be refunded the total amount paid. A.N.A. is not responsible for other possible costs that person and participants can have due to the cancellation. In case of insufficient number of registered participants on a specific program, ANA reserves the right to change the date or organization of this program for which will notify students on time, and together with student will find another appropriate date or offer different solution which will be acceptable for a student. CANCELLATION BY THE PERSON If the program is purchased at point of sale, cancellation can be done in writing. For any cancellation by the person, A.N.A. retains the right to charge in accordance with the following calculation: cancellation up to 30 or more days before program: 20% of the amount paid cancellation between 15 and 29 days before program: 50% of the amount paid cancellation within 14 days before program: 100% of the amount paid Participant will not get refund in case of his delay, absence or if leaving the program before its completion. Absence is considered when the participant did not come to a pre-set departure point at pre-determined time as described on the web site for each program, in the reservation system or sent in writing. A.N.A. is not responsible for possible problems of participants in finding the venue of the program. WEATHER CONDITIONS Fog, mist, rain, wind, weather, such as "possible thunderstorms", do not affect normal Page 4 of 7

5 flow of the plan and program. However, there are exceptional weather conditions when the program is not interrupted but plan, schedule and program dynamic are changed during the realization. This decision is solely the responsibility of the instructor with the agreement from base manager. 4. GENERAL TERMS OF USE LANGUAGE TERMS English language is used in lectures, unless all participants are fluent in Croatian language. In that case, the lessons are held in Croatian. In the practical part of the program only English naval terminology is used. Communication between instructor and participants is performed on English and Croatian language, depending on the participants. The participant is responsible to immediately alert the instructor if he needs more instructions in English or Croatian language. INSURANCE All insurances such as additional health or travel insurance, including insurance of goods or luggage are the responsibility of the participant. PASSPORTS AND VISAS All participants are responsible for valid travel documents. HEALTH SERVICES The provision and the range of services of health insurance depends on the home country of the participant. More details can be found on the website HEALTH AND SAFETY TERMS A.N.A. provides general instructions related to safety and health to all participants. If necessary, the person must consult with the doctor before joining the program. Depending on the course or program, activities can be exhausting, caused by multiday stay on the boat, possibly bad weather and sunlight and therefore responsibility of participants is to be physically and mentally prepared for these efforts. The participant must take personal medications and drugs that they normally use. The participant must inform the sailing instructor or other responsible persons in A.N.A. before beginning of the program, about their own illness, disability, allergy and / or other conditions that may present additional risks for participants or possible interference of the program execution. Such notification is required in order to protect participants and it is not necessarily an obstacle for regular participation in the program. Instructors are not qualified to provide medical assistance and they can only provide assistance with the permission of the participants. All participants are responsible for personal protection from the bad weather and sunlight. The participant must have sailing suit or rain jacket and pants. They must Page 5 of 7

6 have spare clothes and shoes. It is advisable to wear hats and sunglasses and use sun creams with high sun protection factor. The participant, on its own responsibility, declares that he has relevant swimming skills and the ability to cope with the sea. Despite all efforts of A.N.A. to ensure comfort, the participant accepts the fact that all programs include a certain level of risk or discomfort. A.N.A. does not take any responsibility for any injury, damage, loss, additional expenses, discomfort, etc. of participants and/or equipment. BEHAVIOUR Sailing instructors, base manager or sales representative of A.N.A. represent authority and person in charge. The participant must actively and without any doubt implement security procedures with which they will be familiar, as well as those which are extraordinarily determined by instructor on the ship or by base manager. A.N.A. reserves the right to remove those participants who do not act in accordance with these methods and procedures or their behavior can lead to discomfort or risk of other participants, without any obligations of compensation to ejected participants. The successful execution of the program is based on the timetable which participants must respect. Caring for completeness and technical condition of the equipment (training ship and marine systems) and active participation in maintaining hygiene and cleanliness of training ships, are an integral part of the program and the participant are actively participating in them. COMPLAINTS AND RECLAMATION If there are reasons for dissatisfaction with any part of the program, the participant is required to immediately notify the sailing instructor, the base manager or other person in charge at A.N.A. If it is not done immediately, A.N.A. cannot guarantee subsequently satisfactory solution. If the dissatisfaction is big and permanent participants can file a complaint by sending mail to official address info@anasail.com as soon as possible, but not later than 14 days after completion of the program. A.N.A. will respond to the complaint within the legally prescribed deadlines. These Terms of Service apply to all ANA programs, but if there is a complaint and dispute, defined and specific condition of each program will have priority. 5. GENERAL DISCLAIMER The participant confirms that he voluntarily and at own risk is involved in A.N.A. program and is aware that it brings certain risks and hazards, including, but not only this: the dangers of sailing at sea and remote areas, traveling with means of transport and infrastructure that is in condition as it is, weather and the forces of nature (sea state and wind), disease or injury without the possibility of immediate evacuation or without the availability of specific medical supplies (not including those which are equipped with on-board medical kits), physical exertion and more. The participant confirms that he is aware of the prohibition of consumption of alcoholic beverages, cigarettes or other drugs, and use of flammable agents during their stay Page 6 of 7

7 on board. The participant confirms that he is aware of the prohibition of entry into the boat while intoxicated or under the influence of other drugs. The participant is aware that medical services and facilities may not always be available during the program and that is the responsibility of participants to provide their own insurance which covers extraordinary medical treatment costs and the costs of medical transportation during the execution of the program. A.N.A., its sailing instructors and base managers are not responsible for the availability of suitable medical equipment and supplies that may be needed during the execution of programs, especially in circumstances at staying at sea, or for the availability of appropriate first aid or medical procedure, or an unprofessional providing of first aid or medical intervention by sailing instructor, base manager or from another doctor or other third parties. The participant confirms that he voluntarily participates in the selected program and activities and that he is aware of the risks related to their participation. The participant accepts responsibility for his own well-being and releases from liability and any claims A.N.A., sailing instructors, base managers and all other related persons, of consequences, risks of diseases, physical and mental injury and death and other impacts caused by participation in program activities. The participant has carefully read the General Terms of Service and fully agrees with its content. CHANGES OF GENERAL TERMS OF SERVICE All changes of General Terms of Service will be placed on A.N.A. web pages and reservation system, and will be available on request by an . A.N.A. d.o.o. Nautička 3 HR Bakar Croatia Page 7 of 7