In these Terms and Conditions the following words shall bear these meanings:
“Club” Sandbanks Yacht Company Club established and managed by the Company
“Club Premises” the buildings, shipways, boat park and car parking areas at Panorama Road, Sandbanks, Poole, Dorset BH13 7RD
“Company” Sandbanks Yacht Company Limited trading as Sandbanks Yacht Co.
“Company Address” Panorama Road, Sandbanks, Poole, Dorset BH13 7RD
“Conditions” these Terms and Conditions
“Initial Term” the period from the date of commencement of your membership to the next Renewal date
“Manager” the Manager appointed by the Company or the person from time to time authorised to exercise the powers of the Manager
“Member” member of the Club
“Moorings” the swing moorings licensed by the Company to members
“Opening Times” the opening times of facilities at the Club
“Renewal date” 1st April in each year
“We/us/our” The Company and its management and anything pertaining to it
“You/your” The individual member and anything pertaining to him/her
2.1 These Conditions together with a Membership Application Form signed by you will apply to membership of the Club at all times and shall take priority over anything said verbally by a member of our staff.
2.2 No member is entitled to transfer membership or any benefits set out in these Conditions.
2.3 These Conditions must be complied with by all members, their families and guests. Non-compliance can result in membership being suspended or cancelled without any refund.
3. Commencement and continuation of Membership:-
3.1 Membership of the Club shall commence on the date on which we approve your Membership Application Form and receive from you the first full annual or pro rata membership fee in advance, and shall continue for the Initial Term and thereafter indefinitely until terminated in accordance with these Conditions. Approval of your membership application shall be at our sole discretion and we reserve the right to verify or require proof of all information supplied by you.
3.2 You may terminate your membership at the end of the Initial Term by prior written notice to us not less than one calendar month prior to the end of the Initial Term.
3.3 After the expiry of the Initial Term you are entitled to cancel your membership on three months written notice to us expiring on 31 March next following but you will not be entitled to a refund of any fees paid in advance that relate to a period following expiry of your notice.
3.4 You have the right to cancel your membership for any reason within 10 days of the commencement of your membership, by written notice to us, and we shall refund to you in full the fee paid by you. Payment of the refund will be by cheque sent to the address in your Application Form.
4. Membership fees and charges:-
4.1 On expiry of the Initial Term a member must pay the annual membership fee in full in accordance with the current rates applicable from time to time.
4.2 We reserve the right to increase membership fees from 1st April each year and thereafter annually subject to giving you 18 days prior written notice. The current fees will be on the Club website and the Club Notice Board.
4.3 We also reserve the right to increase our fees at any time to take account of any increase in the rate of VAT, and shall make every reasonable effort to give up to three months notice of any such increase.
4.4 In the event that the Membership Subscription is to increase, you will be given a minimum of 18 days notice of any increase and on being notified of such increase you are entitled to cancel your membership at any time prior to the membership renewal date by written notice to us.
4.5 In the event of any payment or any cheque due to us being returned unpaid or if any other form of payment is not honoured for whatever reason, you shall pay to us on demand an administration fee of £20 plus VAT.
5. Membership Cards:-
5.1 At the commencement of your membership you will be issued with a Membership Card. This may be used only by you and any fraudulent use of the card will result in cancellation of your membership.
5.2 You must bring your Membership Card with you on each occasion you visit the Club Premises.
5.3 Lost Membership Cards will be subject to a replacement charge. Details of this charge will be available from the Club Reception.
5.4 The Membership Card remains the property of the Company and must be returned to the Company when you cancel your Membership.
6. Hours of Opening:-
The Club facilities will be open and available each day of the year excluding Christmas Day, Boxing Day and New Year’s Day and in cases of emergency or scheduled works, and in the event of scheduled works 30 days’ notice will be given on the Club Website or Notice Board. Details of the opening times will be available on the Club website, on the Club Notice Board at the Club and at Reception.
7.1 Any written notice required to be served upon us in accordance with these Terms and Conditions must be served personally or sent by registered post or recorded delivery first class post addressed to the Manager at the Club Premises.
7.2 In cases where Membership may be lawfully terminated by notice, the same shall be duly served personally on the Member or sent to the Member by registered post or recorded delivery first class post to the Member’s last known address in the United Kingdom. All other notices to members will be sent by ordinary post, or, if of a general nature, posted on our website and the Club Notice Board.
7.3 No notice required by these Terms and Conditions to be in writing may be validly served by e-mail.
7.4 If notice is delivered personally to us please ask for a receipt as evidence of delivery.
8.1 We have a right to exercise a general lien over any boat, equipment or other property whatsoever whilst on Club Premises or afloat at one of our moorings until such time as any money due to us in respect of such boat equipment or other property is fully paid.
9. Car Park
9.1 Car Parking is for members only, and only one vehicle per adult member is permitted, with a maximum of two vehicles for family membership.
9.2 A Car Park sticker issued by the Club must be displayed in each vehicle. Failure to display such sticker will result in the Company reserving the right to charge a fine in accordance with any relevant notice posted by the Company, which will be added to the next direct debit payment due from the member concerned.
9.3 A vehicle may only be parked in Club Premises if the driver is using the Club Membership facilities.
9.4 No overnight parking is permitted without prior consent from the Club’s Reception
9.5 Parking must only be on the landward side of Panorama Road and in the marked bays. Car parking is not permitted on the harbourside of the Club Premises.
9.6 A remote control fob for the parking must be purchased in addition to the membership fee, and on termination of membership it must be handed back to the Club and a refund of the full price paid for such fob will be made by the Club provided that it is in perfect working order.
10.1 Lockers that are not hired must be emptied every night.
10.2 Members are solely responsible for the safety and security of their personal belongings. No legal responsibility is accepted by the Club for any loss or damage to these items.
10.3 If for any reason you are unable to open your padlock to any locker you will be obliged to pay a fee to the Club for removing the padlock.
10.4 We have the right to remove any personal belongings left in a locker overnight or found on Club Premises and such property will be treated as lost property. We are not responsible for the contents removed from lockers, and we are entitled to charge a fee for unlocking the locker.
10.5 If you find lost property, you must hand it in to the Club’s Reception immediately.
10.6 The Club Notice Board will show the times when you can pick up lost property from Reception. We shall hold lost property for a period of 48 hours before donating the items to charity.
11.1 Before you start using the Gym or any fitness equipment, you are required to read a Health Commitment Statement and have a supervised gym induction session with one of our qualified fitness coaches.
11.2 In the event of a member of our staff not being in attendance, use of the Gym will be at the sole risk of any member using it.
11.3 If you have concerns about your physical condition you must not undertake any strenuous physical activity without first getting appropriate medical advice. If you suffer adverse symptoms at any time you must cease the activity and report the matter to a member of our staff.
11.4 You must not take part in any physical activity that you may not be fit for. You are responsible for monitoring your own condition before, during and after physical activity.
11.5 You should advise us when you join the club about anything relevant to your physical condition and should advise us of any relevant change during your membership.
11.6 We may refuse you access to our Gym facilities if we consider that the use of such facilities could put your health at risk.
12. Launching and Retrieve:-
12.1 The Club will provide both a launching and a retrieval service for Members via the Club slipways each day of the year except Christmas Day, Boxing Day and New Year’s Day in respect of any boat registered by a member with the Club and on payment of the additional annual fee for this service.
12.2 Normal operating hours for launch and retrieve and tender to mooring in the months April, May, September and October will be 0900 to 1800 hours and in the months June, July and August will be 0830 to 2030 hours. In all other months these services will be provided between 0900 to 1600 hours.
12.3 We reserve the right to move any boat and or equipment whether on land or on a mooring at our discretion and to attach boats to our Jetty or Moorings pending retrieval.
12.4 Owners of boats must deposit with us a set of keys for any boat which is stored on the land.
12.5 Prior notice of a request for launching or retrieval will ensure a more prompt service.
12.6 All members must lodge with us a copy of their current insurance policy in respect of all boats on Moorings or on land to prove third party cover to an extent and with insurers considered satisfactory by us.
12.7 All launching and retrieval is at our absolute discretion after taking into account both tides and weather and the risks associated with this together with the regulations and requirements of the Harbour Authorities and in such sequence as to avoid moving other boats in the process, so as to make what we consider to be the most economical and efficient use of the facilities at our disposal.
12.8 Subject to the aforementioned clauses, all reasonable assistance will be rendered to a Member with a view to providing this service.
13.1 Subject to clause 13.3 the Café will open and be available to Members and non-Members during all usual Opening Times on each day of the year except Christmas Day, Boxing Day and New Year’s Day and in cases of emergency or scheduled works, and in the event of scheduled works 30 days’ notice will be given on the Club Website or Notice Board.
13.2 The changing and shower facilities will be available for the use only of Members.
13.3 The Management of the Club reserve the right to close the Café for private functions on 48 hours prior notice, such notice being posted on the Club Notice Board.
13.4 Food and alcoholic drinks are to be consumed only in the Café and not in or on other parts of the Club Premises.
13.5 Members are currently entitled to a 10% discount on all food and drink purchased in the Café. This discount may be extended to up to three guests sitting with the member, provided that the bill is paid by the member.
14. Limitation of Liability
14.1 All persons using any part of our premises and/or facilities do so at their own risk. Each member accepts that, in the absence of negligence on the part of the Club or the Company, he or she will hold blameless the Club, its employees, servants or agents (including any independent contractor) for any damage or loss to person or property arising or resulting from any activity undertaken at the Club Premises or the Moorings.
14.2 All boats and equipment belonging to a member are at the sole risk of the member, and all members are entirely responsible for any damage or loss caused by their boat or by themselves, their family, guests or crew whilst on or about the Club Premises or the Moorings.
14.3 In the event that we supply any goods to any person, no warranty or guarantee of quality of fitness for any particular purpose is given unless the Member concerned explains the purpose for which it is required and makes clear that reliance is being placed on our skill and judgement. We accept no liability in respect of any proprietary article purchased from us save in so far as we can pass on a manufacturers warranty.
14.4 In the event of any Member or non-member contracting the personal services of any professional fitness trainer or therapist at the Club, such services are contracted direct with the individual trainer or therapist and the Club accepts no responsibility or liability for the quality of those services or the manner in which they are carried out.
14.5 Any obligation for the Company or its employees, servants or agents to keep safe and secure any boat, equipment or other property belonging to any member shall terminate upon expiry or lawful termination of the membership of that member.
Complaints concerning any matter affecting the Club shall be made in writing to the Manager who shall deal with the matter. If the complaint so requires the Manager shall refer the matter to the Board of Directors of the Company whose decision will be final.
16. General Rules
16.1 You must advise us immediately of any change in your address or contact details, or other information supplied on your membership application form.
16.2 A member must ensure that any guest accompanying the member into or onto the Club Premises complies with all obligations set out in these Conditions relating to actions and behaviour whilst on or in Club premises.
16.3 Guests may not use the Gym.
16.4 No work shall be undertaken to any boat or equipment on the Club Premises or Moorings without our prior written consent other than minor running repairs or minor maintenance of a routine nature by the Member or his family or crew. Such consent is to be at our sole discretion, and a charge may be levied by us in respect of access for outside contractors working on boats or equipment. We would not normally withhold consent where work is to be undertaken by a specialist contractor or under warranty by the manufacturer or supplier of any boat or equipment to which the warranty relates.
16.5. The Manager shall be entitled without prior notice to vary the opening times of the Club facilities.
16.6 The Manager has a right to prevent entry into the Club premises, or to remove from the Club premises, any person whose behaviour, appearance or condition is deemed unsuitable by the Manager.
16.7 It is the member’s responsibility to read information on the Club’s Notice Board. Notices will be dated when posted, and shall be effective from that date.
16.8. All persons using the Club facilities must be dressed appropriately and behave respectfully and politely at all times.
16.9 No nuisance or annoyance is to be caused to any other person using the Club Premises or Moorings or any other person residing in the neighbourhood of the Club. Members must show consideration for one another in and about the Club Premises. Profane or abusive language will not be tolerated.
16.10 Pets are permitted in the Club Premises provided that they are kept on a lead and under supervision, but are not permitted in the Gym at any time. A member will be obliged to remove his/her pet in the event of a nuisance being caused to other users of the Club.
16.11 Smoking is permitted only in designated areas.
16.12 The Manager reserves the right to pre-book the Café for private functions and other social activities.
16.13 Members must obey all signs or notices posted at the Club Premises, and in particular all signs relating to health and safety in or on Club Premises. In the event of any doubt or query you should ask a member of our staff. In the event of fire or if you hear the fire alarm you should exit the building through the nearest exit and proceed to the advertised assembly point in the car park.
16.14 If you or a member of your family or guest has an accident on Club Premises you must immediately report it, and the circumstances of the accident, to the Manager or another member of our staff.
16.15 Only food and drink purchased from the Club may be consumed on the Club Premises.
16.16 No mobile phone is to ring or to be used in the Gym.
16.17 The Club reserves the right at any time to refuse any application for membership, to cancel or suspend the membership of any person and to refuse admission to any member or guest where there are reasonable grounds for doing so.
16.18 Admission to the Club Premises in general and to particular areas is at all times subject to current liquor licences, planning consents and other statutory regulations. Copies of relevant licences and consents will be made available on request.
16.19 These Conditions may from time to time be revoked, altered or added to by the Company by notice on the Club website and Club Notice Board.
16.20 The Company may transfer or assign the benefit of our rights hereunder to any third party on notice to you, and in that event your benefits of membership will continue.
16.21 We reserve the right to increase, reduce or withdraw any facilities, services or activities temporarily in order to carry out cleaning, repairs, maintenance or security work.
17. Governing Law
These Conditions and the terms of your membership of the Club shall be governed by, and construed in accordance with the law of England, and any dispute arising out of or in connection with these matters shall be subject to the exclusive jurisdiction of the English courts.
18. Termination by Us
18.1 No verbal use, intimidation or physical threats will be tolerated whether directed to our employees or to other users of our facilities. Any such behaviour by a member or his family or guest may be reported to the Police, and we reserve the right to ban immediately and permanently from the Club any such member or other person who has committed such behaviour, and in that event to cancel forthwith the membership of any member who has caused such behaviour or whose family member or guest has caused such behaviour.
18.2 We may also cancel your membership in the following circumstances:
- If you or a member of your family or guest breaks or repeatedly breaks any of these Conditions and you fail to remedy the breach within seven days of being notified by us about it
- If, with your knowledge or permission, another person uses your membership card to gain access to the Club premises.
18.3 If we cancel your membership we have a right to keep a proportion of the money you have paid in advance to cover any reasonable costs we have had to pay.
If you breach any of these Terms, your permission to use the Site automatically terminates and you must immediately destroy any downloaded extracts from the Site.
Accuracy of Information on the Site
This Site comprises marketing material produced by Sandbanks Yacht Company Ltd in respect of properties built or in the process of being built (“the Developments”). The Site is intended to assist prospective clients of Sandbanks Yacht Company Ltd who may be interested in acquiring properties located within the Developments. These terms and conditions relate to such marketing material and how it can be used and downloaded by the user only. The Site does not constitute an offer to enter into any form of negotiation or agreement in respect of any of the Developments or any part of the same nor does it constitute a representation that any specific property or Development will remain open for acquisition for any specific period of time.
Prospective clients are reminded that purchasing real property is a major financial commitment. As a result they should take all reasonable steps to ensure that any property they are proposing to purchase is suitable for their requirements in all respects. The Site and its contents are presented in good faith and Sandbanks Yacht Company Ltd have made all reasonable endeavours to ensure that material contained within it is accurate but it should not be taken as a substitute for a client’s further enquiries including but not limited to site visits, discussions with our sales office, independent legal and financial advice.
Without prejudice to the generality of these terms, Users of the Site are strictly prohibited from downloading or re-circulating material obtained from the Site for the purposes of promoting properties other than those put on sale by Sandbanks Yacht Company Ltd including properties previously sold by Sandbanks Yacht Company Ltd in the Developments which are offered for resale or lease by third parties.
You also need to state in the limitation clause “Nothing in this clause is intended to exclude or limit liability for fraud or for fraudulent misrepresentation or any other liability which may not be legally excluded or limited.”
Sandbanks Yacht Company Ltd believes all information on the Site is up to date at the time it is posted. Sandbanks Yacht Company Ltd reserves the right to add, alter or delete material from the Site at any time and may, at any time, revise these Terms without notifying you. You are bound by any such amendments and Sandbanks Yacht Company Ltd therefore advises that you periodically visit this page to review the current Terms.
Whilst Sandbanks Yacht Company Ltd uses reasonable efforts to include accurate information in the Site, it makes no warranties or representations as to the accuracy of any information given and all such warranties (whether implied or otherwise) are excluded to the extent permitted by law. Sandbanks Yacht Company Ltd excludes all liability for any errors or omissions in the content of the Site to the fullest extent permitted by law.
The particulars contained on the Site are for guidance purposes only. The accuracy of any particulars, description, dimensions, references to condition, necessary permissions for use and occupation and other details contained in the Site is not guaranteed and is for general guidance only and prospective purchasers or tenants must not rely on them as statements of fact or representations and must satisfy themselves as to their accuracy. Neither Sandbanks Yacht Company Ltd nor any of its employees or representatives has any authority to make or give any representation or warranty or enter into any contract whatever in relation to the property. The reference to any mechanical or electrical equipment or other facilities at the property will not constitute a representation (unless otherwise stated) as to its state or condition or that it is capable of fulfilling its intended function. Prospective tenants/purchasers should satisfy themselves as to the fitness of such equipment for their requirements.
Sandbanks Yacht Company Ltd advises that you take appropriate steps to verify any information upon which you wish to rely. To find out more about a development, please visit the site sales office during opening hours and speak to one of our sales staff.
Linking to Third Party Websites
For the avoidance of doubt, the presence of a link to a third party website will not be deemed to be a recommendation of such websites or any advice or information on them by Sandbanks Yacht Company Ltd.
The Site and the information contained on it is provided on an ‘as-is’ basis and Sandbanks Yacht Company Ltd shall not be liable to you in respect of the Site or the use, accessing, downloading or relying on any information contained or referred to on the Site.
Sandbanks Yacht Company Ltd excludes all liability to the fullest extent permitted by law whether in contract (including under any indemnity or warranty), in tort (including negligence), under statute or otherwise for (but not limited to) any loss of profit, loss of revenue, loss of anticipated savings, loss or corruption of data due to viruses or otherwise, loss of contract or opportunity, loss of goodwill or indirect or consequential loss of whatever nature including (without limit) any loss of a type described above which could be regarded as indirect or consequential and whether or not reasonably foreseeable by you, a third party or Sandbanks Yacht Company Ltd in connection with the Site.
Whilst Sandbanks Yacht Company Ltd makes reasonable attempts to exclude viruses and other harmful components from the Site, its content or server, it cannot guarantee such exclusion and makes no warranty to that it makes such exclusion, to the extent permitted by law excludes all liability for viruses which may be downloaded from the Site. Sandbanks Yacht Company Ltd recommends that you take all appropriate safeguards prior to downloading information from the Site.
Sandbanks Yacht Company Ltd excludes all implied warranties to the fullest extent permitted by English law.
For the avoidance of doubt, nothing in the Terms will exclude or limit the liability of Sandbanks Yacht Company Ltd in respect of death or personal injury due to the negligence of fraud of Sandbanks Yacht Company Ltd.
Intellectual Property and Copyright
You acknowledge and accept that all of the copyright, database rights and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of the Site are the property of Sandbanks Yacht Company Ltd, its information providers or licensors. The Site is owned and operated by Sandbanks Yacht Company Ltd. No part of the Site, its content or any of its underlying software and databases may be copied or reproduced, shared with third parties, reverse engineered, reverse assembled, or used to create any derivative work (whether in physical or electronic form) without the prior written consent of Sandbanks Yacht Company Ltd.
You are permitted to download extracts from this website on the basis that no material may be copied, modified, added to or distributed in any way. You may download one copy of the material on any single computer for your private use only, provided that you keep intact all copyright and other proprietary notices. You are not permitted to publish the contents of the Site including but not limited to publication on any other website or computer environment.
If you are dissatisfied with the web-site or any content or material on it, your sole exclusive remedy is to discontinue use of the web-site.
The Site complies with English law. If you are not based in the UK, then you are not authorized to use the Site and Sandbanks Yacht Company Ltd will not be responsible for any loss or liability arising as a result of any such unauthorised access.
Changes to the Site
The format and content of the Site may be changed at any time without notice. Its operation may be suspended or discontinued for support or maintenance work, in order to update its content or for any other reason. Access may be terminated either in relation to specific users or generally at any time and without notice.
Personal details provided through this web-site will be used in accordance with our Privacy Statement. By providing your personal details you are consenting to its use in accordance with our Privacy Statement.
Information Provided To Us
If any user of the Site, or any other person, that views a Sandbanks Yacht Company Ltd published document responds with any information or feedback such as questions, comments, suggestions, or the like, such information will be deemed to be non-confidential and Sandbanks Yacht Company Ltd is at liberty to use, reproduce, disclose and distribute that information to any other person.
Further, Sandbanks Yacht Company Ltd is at liberty to use or exploit any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever without charge including, but not limited to, developing, manufacturing and marketing products incorporating such information.