MSS TERMS AND CONDITIONS FOR ONBOARD TRAINING
This contract is between the Maritime Safety Solutions and you, the student. We, SOVREN Nautical Academy, are a third party facilitating the booking of MSS training.
Maritime Safety Solutions is a business unit of GTMS-Training, LLC (hereinafter GTMS). GTMS and the Client enter a contract for the provision of on-board coaching & training services to the Client by GTMS based on the following terms.
2. DISTINCTIVE FEATURES AND TERMS OF THE SERVICE
GTMS will provide the Client with on-board coaching & training services in support to the Client’s emergency organization. Such coaching & training services will be delivered as:
– assessment of technical, organizational, procedural and educational aspects associated to the ship’s emergency organization
– technical, educational, strategic and tactical counseling during the execution of on-board emergency drills
– post-service reporting.
GTMS coaching & training services will be delivered within the framework of the training sessions and emergency drills normally performed as per the ship’s management requirements and possibly repeated for the purpose of the coaching & training sessions.
GTMS will possibly add techniques, methods and intervention knowledge for the purpose of improving Client Crew’s skills.
For the purposes of all drills and exercises, the emergency equipment available on the ship as well any other equipment provided by the ship’s owner will be used. GTMS might occasionally and with no obligation bring onboard specialistic equipment for the purpose of making the coaching & training more efficient and productive, and for the use of which the Client relieves GTMS of any responsibility in case of either accidents occurring to the participants or damage to the ship.
3. MEDICAL POLICY
The coaching & training will involve practical sessions that will require all participants to be in good physical condition as some of the exercises could be strenuous. By signing the present Legal Terms the Client takes full responsibility that all participants hold a valid ENG1 or equivalent certificate, and relieves GTMS of any responsibility in case of sickness, injury or death resulting from the participation of the Crew to the coaching & training services provided by GTMS.
4. ACCIDENTS AND DAMAGE
The coaching & training services will be delivered within the framework of the standard training sessions and emergency drills normally held on-board the Client’s ship. GTMS coaching & training services will add neither any specific hazard nor dangerous situation to the existing setting. In such regards, The Client relieves GTMS of any responsibility in case of either accidents occurring to the participants or damage to the ship. The Client hereby confirms that a risk assessment specific to the execution of emergency drills has been made and implemented into the safety procedures of the Client’s vessel.
5. EMPLOYMENT AND INSURANCE
GTMS assumes that all participants to the coaching & training sessions are legally employed by the Client on the basis on fully enforced employment contracts and are properly covered by social security and insurance policies. GTMS will not be responsible neither for any breach of the applicable employment legislation nor for any damage to persons or properties as consequence of such breach.
6. PROVISIONAL BOOKINGS AND PAYMENT
Confirmation of booking will be provided upon receipt of booking form as well as of receipt of a non-refundable deposit for 50% of the booked services plus 100% of the travel costs (if any) as estimated by GTMS. The balance amount – 50% of service fee and any difference with travel costs actually borne and confirmed in writing by GTMS – must be paid in full prior to service commencement.
Payment can be made by bank transfer or Paypal. Bank transfers must be sent in euro currency and bank charges are for the account of the Client. An invoice will be issued upon full payment.
7. CANCELLATIONS AND REFUNDS
By the Client: the deposit is non-refundable. If more than four weeks’ notice of cancellation is provided, the booking deposit will be transferred to a later date or transferred to another prospective customer proposed by the Client. If a booking is cancelled less than four weeks prior to the coaching & training commencement date, and GTMS is unable to re-sell the date slot, the deposit will be cashed by GTMS. In all cases, if by the time of the cancellation GTMS have meanwhile sustained costs associated to the booked coaching & training service (for instance, flights and hotel bookings, etc.), such costs will be invoiced to and fully paid by the Client. If a coaching & training service has already started by GTMS but it is later interrupted for whatever reason on the Client’s request, GTMS will retain the rights to either offer a new date – if possible – for the completion of the coaching & training service (which would possibly
required new bookings for flights, hotels, etc. and which would be billed separately to the Client) or cash the entire coaching & training service fee plus any costs associated to the coaching & training service (for instance, flights and hotel bookings, etc.) and not included into the coaching & training program/s price.
By GTMS: any fees paid by the Client, including the deposit, will be refunded in full. No liability shall be attached to GTMS beyond refunding the coaching & training service fee paid for the cancelled coaching & training service or unused portion of it if the service has been started. No payments shall be requested for any incidental costs.
8. FORCE MAJEURE
In case of either non-commencement or interruption of the coaching & training service by force majeure (for instance, bad weather, accidents, strikes, etc.), the Client and GTMS will agree in first instance for a new date for the deliver or the completion of the service.
Should this not be possible because of insurmountable reasons, GTMS will refund to the Client either the full coaching & training service paid fee or the part of it proportionally corresponding to the undelivered portion of the service after deducting any possible cost meanwhile sustained by GTMS and associated to the coaching & training service (for instance, flights and hotel bookings, etc.) but not included into the coaching & training program/s price.
In the event of a dispute not being settled by either mutual agreement or independent arbitration, it is agreed that this contract shall be governed by the laws of Spain and the parties submitted to the exclusive jurisdiction of the courts of Palma de Mallorca. It is further agreed that all agreements between the Client and GTMS shall be governed by Spanish Law, even when the dispute occurs outside Spanish territorial waters.
According to the European Law named RGPD 2016/679 dated April 27, 2016 about Personal Data Protection, GTMS inform you that your personal data will be incorporated into our databases under the scope of providing you the best possible service as well as of keeping you updated about any possible new service that you might be interested in.
At any time you will have the right to access, rectify, impede, limit and delete your data from our database by communicating your intentions to us via the email address firstname.lastname@example.org. If you think that GTMS is not treating your data according to the applicable and current regulations you can submit your complain to the authority of control via the website www.agpd.es.
At the same time GTMS remind you about your rights to withdraw your consent to GTMS to use your data. GTMS will however make no transfer of your data to no third party (unless required by the local authorities), neither in Spain nor internationally. Should your data change, you are kindly requested to advise GTMS about such changes in order to allow GTMS to modify them in
our database accordingly.