Terms & Conditions
Sailing Virgins exists to help enrich the lives of people through adventure and to create 5-star experiences while doing so.
Last updated: December 2024
The following Terms and Conditions apply to anyone who uses Sailing Virgins services, including our sailing school courses and our platform connecting boat bookers with vessels and captains. By making a payment or using our platform, you will be accepting these Terms & Conditions for all members of your party, and you are therefore advised to read them carefully.
Important: Understanding Our Services
Sailing Virgins operates two distinct types of services with different terms:
Sailing School (ASA Courses)
When you book an ASA certification course directly with Sailing Virgins, your contract is with Sailing Virgins LLC. We provide the instruction, manage the experience, and handle any disputes directly.
Booking Platform (Marketplace)
When you use our platform to connect with independent boats and captains, Sailing Virgins acts solely as a technology platform and venue. We are not a party to the contract between you and the boat owner or captain. Disputes arising from platform bookings are handled through third-party arbitration, not by Sailing Virgins.
1. Your Contract with Sailing Virgins
1.1 For sailing school courses, your contract is with Sailing Virgins LLC. The following Terms and Conditions will be incorporated into every contract between you and Sailing Virgins. The booking will become binding when your first payment is received by Sailing Virgins.
1.2 By booking, you acknowledge that you have read and meet the Essential Eligibility Criteria (EEC) outlined in Section 10.
1.3 You are not entitled to change the date and/or type of course reservation once confirmed. Course type can be changed in accordance with your instructor; this can be done before or during your course.
1.4 We will not refund any difference in course fee if a cheaper course is decided upon after payment. You will be billed for the difference in course fee if a more expensive course is taken.
2. Deposits & Payment
2.1 Deposit: A deposit of at least 25% of the total course fee is required to reserve your place on a course.
2.2 Final Payment: All courses must be fully paid for at least 60 days prior to the confirmed start date. Sailing Virgins will process the fee 60 days prior to the confirmed start date, as specified in the credit card authorization form or online.
2.3 Local Government Fees: Where we include costs for local government fees, we allow for the costs that exist at the time of purchase. If any local government fees change between booking and course, we reserve the right to pass these new fees on to you, without any markup.
3. Cancellations
You may cancel your course at any time subject to the following penalties:
| Timeframe | Cancellation Fee |
|---|---|
| At any time | 10% administration fee |
| 90-61 days before course | 50% of total course fee |
| Less than 61 days before course | 100% of total course fee |
3.1 Cancellations must be notified to us in writing by post or email. The penalties will be calculated from the date we receive your cancellation.
3.2 Medical Cancellations: If you are unable to obtain the mandatory medical clearance required under Section 10 (for participants aged 60+ or with disclosed conditions), and you notify us within 14 days of booking, we will refund your deposit in full. If notification occurs after 14 days or within the penalty periods listed above, standard cancellation fees apply.
Named Storms and Natural Events: As Sailing Virgins charters all vessels used for courses, we are bound by charter company policies regarding named storms, hurricanes, and other natural events. In the event of a named storm or other natural event affecting your course, we cannot reschedule your course as our charter boats are booked well in advance. No refunds will be issued for cancellations due to named storms or other natural events. This is why travel insurance with appropriate coverage is mandatory.
3.3 We reserve the right to cancel a course at any time without reason. If we cancel without reason (not including named storms or other natural events), we shall return all monies paid by you to us in respect of the provision of the course.
4. Force Majeure & Mechanical Issues
4.1 Weather Conditions (Excluding Named Storms): If non-extreme weather conditions temporarily affect sailing, we will adapt the curriculum as needed while maintaining course quality. No refunds will be issued for weather-related adjustments that do not prevent the course from proceeding.
4.2 Yacht Specification: As Sailing Virgins charters all vessels used for instruction, yacht specifications are subject to charter company availability. While we endeavour to secure vessels that match our advertised specifications, equivalent substitutions may be necessary. Sailing Virgins may alter the specification of the yacht if it deems that, in its absolute discretion, necessary to either ensure that you gain the maximum benefit from your sailing or to ensure safety.
4.3 Mechanical Issues: In the event of mechanical issues with a chartered vessel that cannot be quickly resolved, Sailing Virgins will make reasonable efforts to secure a replacement vessel. If a suitable replacement cannot be secured, participants may be offered:
- A partial credit toward a future course
- Modification of the current course with adjusted curriculum
- Other reasonable accommodation at Sailing Virgins' discretion
No refunds will be issued for mechanical issues beyond our control, which is why travel insurance is mandatory.
5. Conduct & Safety Aboard Vessels
Sailing Virgins courses are immersive, high-energy educational programs designed for active participation. Students acknowledge that the course involves shared living quarters and a dynamic social environment.
5.1 Safety Authority: The Skipper/Instructor retains absolute authority over the vessel and crew safety. You agree to abide by the orders of the Skipper/Instructor at all times.
5.2 Alcohol: The Captain has sole discretion over alcohol consumption while at anchor, in port, or underway. The Captain will not consume alcohol while underway. Students are expected to exercise good judgment and not become intoxicated to a degree that compromises safety or the learning environment.
5.3 Right to Refuse or Disembark: We reserve the right in our absolute discretion to terminate, without further notice, the sailing arrangements of any client who:
- Refuses to comply with the instructions or orders of the Skipper
- Conducts themselves in a manner likely to cause distress, danger, or annoyance to other crew, clients, or third parties
- Is unable to perform the Essential Eligibility Criteria due to physical limitations, undeclared medical conditions, or lack of mobility, thereby endangering themselves or the vessel
- Engages in illegal activities including drug possession or use
5.4 If you are removed from the vessel for safety reasons or misconduct, our responsibility for your sailing ceases immediately. Sailing Virgins shall not be liable for any extra costs incurred by you (including travel or accommodation), and no refund will be issued.
5.5 Damage to Vessels: You are responsible for treating chartered vessels with care. Any damage caused by negligence, recklessness, or failure to follow instructor directions may result in additional charges.
6. Legal Obligations & Travel Documents
6.1 You are solely responsible for complying with all laws, regulations, orders, demands, and requirements of the countries and territories where your course takes place. This may include but is not limited to the British Virgin Islands, St Martin, Croatia, French Polynesia, Greece, Thailand, or other Caribbean and Mediterranean locations.
6.2 You are responsible for obtaining and must possess all entry and exit, health and other documents required by laws and regulations of the relevant countries. We reserve the right to refuse to provide a course to anyone who has not complied with applicable laws and requirements.
6.3 No one whose details are not registered on the crew list may be carried aboard. You may not remove any items or antiquities from land, beach, or the seabed.
7. Insurance (MANDATORY)
Travel insurance is MANDATORY for all participants.
We suggest your policy specifically covers:
- Sailing activities (up to three miles from shore)
- Trip cancellation and interruption (including for named storms)
- Medical expenses and evacuation
- Personal liability
- Personal belongings
Your policy must include coverage for cancellations due to named storms or hurricanes. You may be asked to provide proof of appropriate insurance coverage prior to your course.
Charter Damage Waiver: Charter companies typically require a damage deposit or waiver. Sailing Virgins includes a basic damage waiver in your course fee, but this has limitations and a deductible for which you may be responsible in case of damage attributed to your actions.
8. Photography, Video & Content Usage
By participating in a Sailing Virgins course, you consent to being photographed, filmed, and recorded for marketing, social media, website content, educational materials, press coverage, and partner materials.
You grant Sailing Virgins perpetual, worldwide, royalty-free rights to use this content across all current and future media platforms. No payment or compensation will be provided for use of your image or likeness.
Opt-Out: If you wish to opt out, inform your instructor at the beginning of your course. We will make reasonable efforts to exclude you from photos/videos, though this may not always be possible in group settings. You may request removal of specific content by contacting james@sailingvirgins.com within 30 days of your course.
9. Course Completion & Certification
An Instructor and/or Examiner will assess your skill level during the course and with some courses, there will also be a written exam. At the end of the course, your Instructor/Examiner will decide if you have passed or failed. Their decision is final.
Course completion requires:
- Attendance for the full duration
- Demonstrated competency as assessed by instructors
- Completion of required written examinations (where applicable)
- Payment of all fees
Certification is issued by the American Sailing Association (ASA) and is subject to their terms and standards. Sailing Virgins cannot guarantee certification if competency standards are not met.
10. Health, Fitness & Essential Eligibility Criteria
Sailing Virgins courses require active participation as a working crew member in a physically demanding marine environment.
To ensure the safety of the vessel and all aboard, all participants must meet the following Essential Eligibility Criteria (EEC):
- Independent Mobility: Ability to move across a heeling (tilted) deck and uneven surfaces without assistance.
- Agility & Balance: Ability to maintain balance on a moving vessel and climb a vertical swim ladder from deep water unassisted.
- Strength: Ability to lift and carry objects weighing up to 40 lbs (approx. 18 kg) and operate winches/lines under load.
- Dinghy Transfer: Ability to step from a moving vessel into a dinghy (small boat) and back, involving a gap and height difference, without assistance.
- Cognitive Function: Ability to hear, understand, and execute complex safety instructions immediately in a noisy environment.
Mandatory Medical Clearance Policy
- Participants Aged 60 and Over: For safety and insurance compliance, any participant aged 60 or older at the time of the course must provide a 'Fitness to Sail' certificate signed by a licensed physician. This form must confirm the participant's ability to meet the EECs and must be submitted no later than 30 days prior to departure.
- Participants with Medical Conditions: Regardless of age, if you have a pre-existing medical condition (including cardiac, respiratory, or mobility issues) that may affect your ability to meet the EECs, you must disclose this at booking and may be required to provide a physician's clearance.
Right to Deny Participation: Sailing Virgins reserves the right to deny participation to any individual who does not meet the Essential Eligibility Criteria or fails to provide required medical clearance. If a participant arrives at the course and is unable to perform these essential safety tasks, they may be refused boarding for their own safety and the safety of the crew, with no refund provided.
Alternative Options: Participants who do not meet the physical rigor required for our Group Courses are encouraged to enquire about our Private Course options, where the pace and itinerary can be customized to accommodate different mobility levels.
11. Liability & Disclaimer
Sailing Virgins shall not be held liable for death, personal injury, loss or damage to property howsoever arising and therefore by making a booking, you hereby release, to the full extent permitted by law and equity, Sailing Virgins, its employees and agents from all actual and contingent liability in respect of such personal injury, death, loss or damage.
We shall not be liable in any way whatsoever to you in connection with obtaining necessary documents or complying with laws and regulations, or for the consequences resulting from your failure to obtain such documents or comply with such requirements.
12. Complaints & Dispute Resolution
12.1 Sailing School Disputes: For disputes arising from ASA courses booked directly with Sailing Virgins, please make any complaint known to your Instructor at the time. If you are still dissatisfied, please let us know in writing on the Feedback Form that you will be given at the end of the course. Contact James Kell at +1 (415) 619 2704 or email james@sailingvirgins.com.
12.2 Platform Disputes: For disputes arising from bookings made through our platform connecting boat bookers with boats and captains, Sailing Virgins acts solely as a technology venue. Disputes will be resolved through binding arbitration administered by a third-party arbitration service, not by Sailing Virgins. By using the platform, you agree to this arbitration process and waive your right to participate in class actions against Sailing Virgins related to platform bookings.
13. Environmental & Cultural Responsibility
Participants must:
- Respect local marine environments and wildlife
- Follow all local environmental regulations
- Respect local customs and communities
- Not remove any items from beaches, reefs, or archaeological sites
- Follow Leave No Trace principles
14. Privacy & Data Protection
We collect and store personal information necessary for course delivery and safety. This information may be shared with charter companies, local authorities, emergency contacts, and certification bodies (ASA) as required. Your information will not be sold or shared for marketing purposes without consent. See our full Privacy Policy for details.
15. Governing Law & Changes
15.1 These terms are governed by the laws of the British Virgin Islands. Any disputes will be resolved in the courts of the Supreme Court, Tortola, British Virgin Islands. If any portion of these terms is found unenforceable, the remainder shall remain in full effect.
15.2 Sailing Virgins reserves the right to interpret the terms and conditions as it sees fit and to amend them at its discretion. Any updates to these terms will be communicated via email to booked participants and posted on our website.
Questions About These Terms?
If you have any questions about these Terms and Conditions, please contact us:
Email: james@sailingvirgins.com
Phone: +1 (415) 619 2704
Mailing Address: Sailing Virgins LLC, 8 The Green, Dover, Delaware 19901, USA