Terms and Conditions

1. Contracting
These General Terms and Conditions for Taking Part in Activities of the Beijing Sailing Center (“General Terms”) apply to all services rendered by Ruilongfan Sailing Sports Culture Development Limited Company (“Beijing Sailing Center”) including especially the following services:
1. Sail training;
2. Rental of sail boats;
3. Sailing summer camps for children, sailing holiday, sailing corporate and other events;
4. Storage of privately-owned boats;
5. Services rendered on an annual fee basis including use of boats and equipment; use of facilities and participation in some events;
6. Providing information and assistance regarding accommodation and transportation in relation to the other services rendered by the Beijing Sailing Center.
These General Terms are an integral part of any contract concluded between a customer of the Beijing Sailing Center (“Customer”) taking part in any of its activities or booking any of its services including but not limited to the ones listed above (“Service” or “Services”) and the Customer agrees to the applicability of these General Terms by signing a booking form for any of the Services. The Customer agrees that these General Terms shall apply to each contract with the Beijing Sailing Center exclusively and that the Customer’s own General Terms (if any) shall not apply. In the event and to the extent that there is any discrepancy between these General Terms and any individual written agreement between the Customer and the Beijing Sailing Center regarding the Service, such written agreement shall prevail.
2. Bookings and Cancellations
Any booking made by a Customer in writing or via the internet is a binding and non-revocable offer and will result in a contract for the service in question as soon as it has been confirmed by the Beijing Sailing Center. In any case the Customer will be required to sign the respective booking form and accept these General Terms. 50% of the Service Fee is due upon booking and the balance is due 28 days prior. A 5% late payment fee will be applied to all balances not paid by due date and if any scheduled payment has not been received by the payment due date, BSC reserves the right to cancel retaining all deposits and fees paid to date. In case of a cancelation at least 28 days before the date the Service is booked the Customer will have to pay 50% of the Service Fee, in case of a later cancelation the complete Service Fee
3. Payments and Refunds of Service Fees
The Service Fee for each Service is determined on the current fee standard for that Service as published and updated by the Beijing Sailing Center from time to time or as quoted to the Customer. Quotes remain valid for 7 days only. The Service Fee payable for each Service shall be confirmed upon booking of such Service. Beijing Sailing Center may demand a down-payment in cases where the Service Fee is not fully paid upon booking. Payments of any Service Fees shall be made by the Customer in cash, by credit card or bank transfer on the day of the Service is booked for. A surcharge of 3% is added if payments are made by credit card and Beijing Sailing Center may charge an administration fee if payments are made at site where the Service is performed. Prices for third party services and goods cannot be controlled by Beijing Sailing Center and may change without prior notice. In the event the Service cannot be provided during the time frame it is booked due to adverse weather conditions, the Service Fee will be refunded or an alternate date for the re-performance of the Service will be scheduled or an alternate activity will be provided at the discretion of the Beijing Sailing Center. Any other costs the Customer may have incurred (accommodation, transportation etc.) will not be covered or refunded by Beijing Sailing Center if the Service cannot be provided and will be subject to the terms and conditions of the third party providers. The determination when weather conditions are adverse so that a Service cannot be performed lies in the sole discretion of the Beijing Sailing Center and the Beijing Sailing Center is under no obligation to perform a Service at a time when it considers this unsafe and it shall not be obliged to postpone performance of a Service when a Customer demands this based on his or her assessment of the weather conditions. Beijing Sailing Center reserves the right to adjust the time schedule for performing Services during a given timeframe.
4. Site Management and Instructions
Beijing Sailing Center does its best to manage the site or sites at which the Services are performed and the Customer acknowledges that such site is not always exclusively used by Beijing Sailing Center and its Customers. The Customer is therefore required to follow all instructions given by Beijing Sailing Center staff not only while sailing but also off the water. Customers have to take care of their own personal belongings and no liability is accepted for any loss or damage of such personal belongings. The Customer shall not damage the property of other customers, the Beijing Sailing Center or third parties that may use the sites where Services are performed. The Customer acknowledges that in the event it does not adhere to instructions given by the Beijing Sailing Center or its staff in the form of written rules of conduct or oral instructions, it may at the discretion of the Beijing Sailing Center be removed from the site and further access may be denied. Also it may be held liable for any damage caused to the Beijing Sailing Center its customers or third parties caused by such failure to follow instructions.
5. Acknowledgement of Risks
The Customer acknowledges that, while all reasonable safety measures are taken by the Beijing Sailing Center, the activity of Sailing bears a certain risk of personal injury to the Customer or his/her family members or guests or property of the Customer or his/her family members or guests being damaged or destroyed. The Customer declares to be aware of such risks and that it won’t hold the Beijing Sailing Center liable and waives any claims it may have in this regard for any such injury or damage unless it is caused by the intentional or grossly negligent behavior of the Beijing Sailing Center and its staff. The Customer further acknowledges that any sailing activity that is not in the form of a sail training or otherwise under the direct supervision of Beijing Sailing Center staff is undertaken at the sole risk of the Customer and Beijing Sailing Center does not assume any liability for any personal injury or property damage to the Customer caused during such activity and the Customer indemnifies Beijing Sailing Center and its directors and mangers against all third party claims arising from such activity.
6. Safety
Beijing Sailing Center uses trained staff and has safety procedures in place to ensure that the risks involved with the sport of sailing and sail training are reduced to a minimum. It is of upmost importance for the own personal safety of the Customer and others that these safety procedures are observed by the Customer. Safety procedures are distributed and posted at the sites where Services are performed and safety related instructions will from time to time be given to the Customer orally on a case by case basis. Regardless of these procedures the Customer agrees to strictly adhere to the following basic safety procedures:
a) At no times shall the Customer engage in any water sports activity without wearing a life-jacket or adequate buoyancy-aid. This includes the activity of launching and recovering boats. Anyone who cannot swim 50m in light clothing or their parents or guardians or Customers making a booking for such persons must notify the Beijing Sailing Center staff of their swimming ability
b) No minor may engage in sailing activities without wearing a helmet.
c) The slipway for launching boats and other facilities and equipment such as boats and trailers are potentially hazardous and upmost care is required when moving on the slipway or handling any equipment. Such facilities are not to be used for other purposes than their designated use and are especially not to be used for any form of games or playing.
d) The Customer must disclose his or her or if a booking is made for another person that person’s previous sailing experience to the Beijing Sailing Center truthfully and the Beijing Sailing Center may demand documentary proof of such experience to be provided and it may refuse to perform a Service if it is not satisfied by the skill level of the Customer or the participant the Customer makes a booking for.
e) When sailing without supervision of Beijing Sailing Center staff the Customer must carry at all times a mobile phone or two way radio with charged batteries and leave the number or frequency used with Beijing Sailing Center staff when checking out. Communication equipment should be waterproofed.
f) The Customer must at all times ensure that his or her actions do not put others in danger. The Customer must handle boats under their command in a responsible and seamanlike manner.
g) The Customer must inform the Beijing Sailing Center staff whenever he or she engages in any activities enters or leaves a site where Services are performed and give accurate information about how the Customer can be reached. This includes especially notification of any on the water activities when the Customer is not engaged in sailing activities in the presence of Beijing Sailing Center staff, in which case the Customer has to register before starting such activity and immediately after returning.
h) The Customer shall at all times provide accurate information about any ailments or health conditions that may impair his or her ability to take part in any of the activities related to the Services.
i) The customer shall ensure that he or she and any guest and family members do not engage in any activity related to the Services under the influence of alcohol or drugs.
j) The Customer consents to audio-visual media materials featuring the Customer being used by the Beijing Sailing Center.
7. Injuries and Damage
The Customer shall report any, even minor, injury suffered or caused by the Customer, its guest, family member or minors it is a guardian of in connection with any Service to the Beijing Sailing Center staff immediately, so that a report can be drawn up and appropriate action can be taken. The same applies for any property damage.
8. Minors
In the event the Customer is a parent or legal guardian of a minor who is taking part in the Beijing Sailing Center activity related to the Services, the Customer is responsible for providing all the information about the minor regarding the minor’s skills and health condition. Further the Customer shall be liable for any damages caused by the minor to the property of the Beijing Sailing Center or any third parties. The Customer agrees that if the minor he or she is booking the Service for misbehaves the minor may be excluded from taking part in any activities and returned to the Customer at its own cost.
9. Special Conditions for Sail Training
The Customer of a sail training service acknowledges that the Beijing Sailing Center will issue Beijing Sailing Center qualification certificates. The Customer further acknowledges that he or she or the minor the Customer is the parent or guardian of has no right to successful completion of a sail training and issuance of a Certificate by the Beijing Sailing Center if the curriculum is not completed successfully either because not all parts of the Curriculum are attended or because the skill level presented upon the end of the Curriculum is insufficient.
10. Special Conditions for Boat Rental
Boat rentals are charged by the ½ day commencing with the takeover of the boat by the Customer and ending with the return of the boat to the Beijing Sailing Center. ½ day shall mean up to four hours before 13:00 or up to four hours after 13:00. Time exceeding the rental period will be charged in increments of ½ a day. Beijing Sailing Center has the right to demand a deposit and deduct any excess time and any estimated cost for damage to boat or equipment from such deposit.
The Customer who rents a boat from the Beijing Sailing Center is doing so at its own risk and Beijing Sailing Center shall not be liable for any personal injury or property damage suffered by the Customer the Customers family or guests or third parties during the use of such boat. The Customer has to examine the boat upon delivery and upon return and report all defects, ensure that he or she has the skills to safely use the boat and independently assess the suitability of the weather conditions while using the boat and return to shore without delay when conditions demand.
The Customer may only sail the boat on the defined sail area which is inside the harbor and along the beach outside the harbor not extending to the West beyond Xin ‘Ao Underwater World, to the East beyond the Tang River and not more than 1km offshore or the area designated on the day of the rental by Beijing Sailing Center staff. If the Customer is forced to leave the boat at the shore he or she shall call Beijing Sailing Center for a pick up and stay with the boat till Beijing Sailing Center staff arrives. Beijing Sailing Center reserves the right to charge for the recovery of boat and crew.
The Customer is liable for any damage caused to the boat or other equipment of the Beijing Sailing Center and for any loss of any equipment. The Customer indemnifies the Beijing Sailing Center against any claim brought against the Beijing Sailing Center by any third party in relation to the boat rental.
11. Special Conditions for Events
If the Service is an event the Customer shall ensure that these General Terms are adhered to and accepted by any person that he or she is booking the event for, including the parents and guardians of any minors and the Customer shall provide a complete list of the participants he or she books the event for with respective declaration of consent for each participant to be bound by these General Terms. Any person for whom no acceptance of the General Terms is provided will be excluded from participating in the event.
For Customers taking part in events, Beijing Sailing Center will do its best to ensure that the diet of any minor meets any special requirements or allergies that Beijing Sailing Center has been made aware of in writing in advance.
Customers who are parents or guardians of minors taking part in events must make Beijing Sailing Center aware of any medical conditions which affect the kids’ ability to take part in the sailing. 未成年人的父母或Parents or guardians of minors consent for a designated staff of Beijing Sailing Center to administer any medication the minor may require which the parent or guardian must deliver to the Beijing Sailing Center before the event, including instructions for administration and Customers who are parents or guardians undertake to inform Beijing Sailing Center immediately of any change in the medical condition or other circumstances of the minor occurring between registration and the start of the event.
Customers who are parents or guardians agree to Beijing Sailing Center deciding on the minor receiving emergency medical treatment, including anaesthetic and blood transfusion, as considered necessary by the medical authorities present.
Parents acknowledge that Beijing Sailing Center will not be responsible for any fees which are incurred due to personal loss or injury.
12. Boat Storage
If the Service is the storage of a privately owned boat Beijing Sailing Center will provide a hardstand and/or indoor winter storage space at the agreed fee. Winter storage may be provided at a location different from the regular site of sailing activities as winter storage space is limited at this site.
If the Customer has booked a launch or recovery of his boat, Beijing Sailing Center will use its best efforts to complete such launch or recovery by the requested dates. Any routine maintenance or winterization of the boat will be charged as agreed between the Customer and Beijing Sailing Center. Beijing Sailing Center shall not be liable for any damage or theft.
13. Special Conditions for Membership
Beijing Sailing Center offers “Membership” under which the Customer can use the facilities operated by Beijing Sailing Center and the boats owned by Beijing Sailing Center on an annual fee basis. Beijing Sailing Center cannot guarantee the use of boats at all times. The Customer agrees to be bound by and acknowledges the right of Beijing Sailing Center to formulate rules for the use of the facilities and boats under the Membership and to update these rules from time to time.
14. Booking Assistance
Beijing Sailing Center may assist the Customer to book accommodation and transportation in relation to the Customers use of the Services. The Customer acknowledges that Beijing Sailing Center renders such assistance merely for convenience and not as a separate Service. Beijing Sailing Center cannot guarantee bookings and will not be liable in any way if a booking is not successful or if any dispute arises between the Customer and the provider of the accommodation or transportation. The Customer will reimburse Beijing Sailing Center for all expenses it has incurred in relation to such assistance with booking accommodation or transportation.
15. Force Majeure
Beijing Sailing Center shall not be liable for any loss or damage caused to the Customer by any event that it could not reasonably foresee or prevent and which affects it could not remedy by reasonable means (“Force Majeure”). Events of Force Majeure include natural disasters like storm, earthquake, flood, hail, etc., terrorist activities, civil unrest, war, severe economic crisis, government or landlord action, etc. In the event of Force Majeure the performance of any Service shall be suspended to the extent it is affected by the Event of Force Majeure without any liability on part of the Beijing Sailing Center for such suspension.
16. Severability
Should any part of these General Terms or the contract between the Beijing Sailing Center and the Customer be invalid or unenforceable this shall not affect the validity and enforceability of any of the remaining clauses of these General Terms or the contract. Any invalid or unenforceable clause shall be replaced by a valid and enforceable one that achieve the purpose intended with the invalid or unenforceable clause to the greatest extent possible.
17. Applicable Law and Dispute Resolution
These General Terms and any contract for
Services they apply to shall be subject to the laws and regulations of the People’s Republic of China, excluding the laws of the Special Administrative Regions of Hong Kong, Macao and the territory of Taiwan. Any dispute arising from or in connection with any Service shall be settled by amicable negotiations. If such amicable negotiations are not successful within 30 days after the dispute has arisen and notified to one party by the other in writing, each party may take the dispute to trial before the Chinese people’s court at the place where the Beijing Sailing Center is registered, excluding the jurisdiction of all other courts that may otherwise hear the case.
18. Language
These General Terms are made in English and Chinese. Both versions shall equally be authentic.
19．Explanation of the General Terms
BSC will provide explanation on the General Terms upon the request of the Customers.