La Belle Classe Academy

GENERAL TERMS AND CONDITIONS OF SALE

Yacht Club de Monaco, an association under Monegasque law, authorized in the Principality of Monaco by Ministerial Decree of November 21, 1949, with its registered office at Monaco (98000), Quai Louis II, represented by Mr. Bernard d’Alessandri, acting as Secretary General (“the Service Provider” or “the Yacht Club“), has created its training center dedicated to yacht owners, yachting executives (captains, management, and other professionals), crew members, or future yachtsmen to promote the development and advancement of the yachting profession, hereinafter referred to as “La Belle Classe Academy.”

The contact details of the Service Provider’s registered office are as follows:
La Belle Classe Academy – Yacht Club de Monaco – Quai Louis II – 98000 Monaco – Phone: 00 377 93 10 70 08 – Email: academy@ycm.mc

Any complaints must be submitted in writing, either by email at academy@ycm.mc or by mail at the following postal address: La Belle Classe Academy – Yacht Club de Monaco – Quai Louis II – 98000 Monaco.

ARTICLE 1 : SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter “GTCS“) apply to all training services offered for sale (hereinafter the “Services”) by the association Yacht Club de Monaco under its La Belle Classe Academy brand, whose registered office is located at 1, Quai Louis II, Monaco (98000), on its website: https://labelleclasseacademy.com/fr or at the Yacht Club de Monaco headquarters (hereinafter the “Training Center“).

These GTC define the terms and conditions of sale of the Services, which may be ordered either by the training participant (hereinafter the “Candidate“) or by a third party (hereinafter the “Buyer“).

The Services are subject to the GTC in effect at the time of order placement. These GTC have been made available to the Candidate or Buyer at the time of registration and are also accessible on the website: https://labelleclasseacademy.com/fr.

The Service Provider reserves the right to modify these General Terms and Conditions at any time, provided that the updated version is published and made available at its headquarters and/or on its website.

The Candidate or Purchaser will be notified of any changes to these GTC by any appropriate means, in particular by e-mail, publication on the Training Center’s website or any other written medium. From the date of such notification, the Candidate or Purchaser shall have a period of 10 calendar days to object in writing. If no response is received within this period, the new General Terms and Conditions will be deemed accepted and applicable to current contracts and new orders. In the event of written objection by the Applicant or Purchaser within this period, the previously accepted General Terms and Conditions will continue to apply until the end of the current training course. All new registrations will, however, be subject to the new General Terms and Conditions.

ARTICLE 2 : SERVICES

All information regarding the Services offered by the Training Center is available to Candidates and Buyers on the La Belle Classe Academy website.

Training Services are conducted at the premises of La Belle Classe Academy and at the Marina of the said club, located at 1, Quai Louis II, Monaco (98000), by maritime professionals authorized to operate in the Principality of Monaco, or in any other specialized location as required by the training. The Training Center will provide the Candidate or Buyer with a training contract, in the form of Joining Instructions sent by email, including details about the training, the instructor, the program, the type of training offered, and the language of instruction.

ARTICLE 3 : BOOKING TERMS

Any request for registration in a training session will be considered by the Training Center upon receipt of complete application, via the online form available on the Training Center’s website.

Reservations will be validated by the Training Center after payment of the Service, subject to availability and in order of registration, with priority given to members of the Yacht Club de Monaco. Once a deposit or full payment has been made, confirmation of the reservation validation will be sent in writing to the Candidate in the form of Joining Instructions sent by email with the final invoice.

The reservation implies full and unconditional acceptance of these GTC by the Candidate or Buyer and their waiver of any contradictory document that would be unenforceable against the Training Center.

The Training Center reserves the right to cancel a training session if the required minimum number of Candidates is not met, with the assessment of this threshold being at the sole discretion of the Training Center. In such cases, the Candidate will be informed at least 48 hours before the start of the training. If the session is canceled by the Training Center, the Candidate will be offered a rescheduled session within six (6) months from the originally scheduled date. If rescheduling is not possible, the Candidate may claim a refund of the amount paid.

ARTICLE 4 : PAYMENT TERMS

4.1. Pricing and General Terms

The prices of the Services are indicated in euros, inclusive of all taxes, on the website https://labelleclasseacademy.com/fr.

The Training Center reserves the right to modify its pricing at any time. However, the applicable rates are those in effect at the date of reservation by the Candidate or Buyer.

A detailed quotation will be sent by the Training Center to the Candidate or Buyer upon receipt of the duly completed registration form via a Jotform.

Any additional training hours beyond the scheduled duration will be subject to an additional invoice.

4.2. Payments Methods

Payment for the Service must be made upon receipt of the invoice and before the start of the training. Payments may be made via:

  • Check,
  • Cash, directly at the Yacht Club de Monaco’s headquarters (up to a limit of €5,000) – all cash payments will be immediately acknowledged with a receipt,
  • Credit card, either on-site at the YCM or remotely via a secure payment link provided by the Club
  • Bank transfer, with mandatory mention of the invoice reference,
  • Online store payment system, available for certain training courses.
  • The Training Center guarantees the security of online payments in accordance with the standards applicable in the Principality of Monaco. Transactions via online payment links are protected by encryption protocols in compliance with current regulations.

    4.3. Late and Non-payment

    In the event of late or non-payment by the due date stated on the invoice, the Training Center reserves the right to:

    • Suspend access to the training until full payment is received,
    • Apply late payment penalties based on the legal interest rate in force in Monaco,
    • Require full payment before any new registration of the Candidate or Buyer in future training courses.

    Any payment delay exceeding thirty (30) days from the due date may result in legal debt collection proceedings, with all costs borne exclusively by the Candidate or Buyer.  

    4.4. Invoicing and Complaints

    Any complaint relating to an invoice must be sent in writing to the Centre within fifteen days of the date of issue of the invoice. After this deadline, no claim will be considered. In the event of a dispute concerning payment, the parties undertake to seek an amicable solution before taking any legal action.

ARTICLE 5 : OBLIGATIONS OF THE PARTIES

Article 5.1 : Obligations of the Training Centre : The Training Centre undertakes to :

  • Provide the Candidate with the pedagogical, theoretical, practical and administrative resources necessary for the proper conduct of the training and for the Candidate to sit the examinations;
  • Provide training lessons by instructors authorized to carry out their activity in the Principality of Monaco;
  • Have vessels that comply with current regulations;
  • Have taken out professional civil liability insurance covering the consequences of bodily injury, material and immaterial damage caused to Candidates or to any third party by its fault, error, omission or negligence, or that of its employees, in the course of its activity as a Training Centre.

The Training Centre also undertakes to use all the teaching, technical and human resources necessary to provide the training courses in the best possible conditions. This commitment includes in particular :

  • The provision of qualified instructors authorized to carry out their activity in the Principality of Monaco;
  • The use of teaching aids that are appropriate and in line with the training objectives;
  • Organizing sessions in a setting that complies with regulatory and safety requirements;
  • Supporting participants throughout their training.

However, the Training Centre is only bound by an obligation of means and not an obligation of result. As such, it cannot guarantee that a diploma, certification or any other level of competence will be obtained at the end of the training course, as success depends on the Candidate’s personal commitment, abilities and efforts. Consequently, no reimbursement or compensation may be demanded in the event of failure to pass an examination or to achieve the training objectives.

Article 5.2 : Obligations of the Candidate : The Candidate hereby undertakes to::

  • Provide a complete registration file;
  • Pay for the Service, if he/she is the one who made the reservation;
  • Respect the teaching and safety instructions given by the Trainer during the Training sessions;
  • Demonstrate respectful behaviour: punctuality during lessons, respect for Training Centre staff and any other Candidates, etc;
  • take out civil liability insurance to cover any physical, material or immaterial damage that they may cause or suffer during the course. This insurance must be valid for the entire duration of the course and provide sufficient cover, including in particular practical activities and the use of specific equipment provided. Before the start of the Training Course, the Candidate must provide a valid insurance certificate.
  • Have a good level of English, which is a prerequisite for all courses given in English by La Belle Classe Academy. No refund will be given if a participant’s language skills are insufficient to successfully complete the course. In case of doubts about the level of English, it is recommended to contact the La Belle Classe Academy office before purchasing a course.

Fitness and aquatic conditions

Physical fitness:
Participants recognize that some training courses include physical activities. It is the responsibility of each participant to ensure that they are physically fit and able to participate in these activities.

Training in an aquatic environment
Some courses will take place at sea or in a swimming pool. Participants must feel comfortable in the water and be able to carry out activities in this environment.

By enrolling, participants confirm that they meet these criteria and accept full responsibility for their physical preparation and comfort in the water.

Article 5.3: Obligations of the Buyer : In application of Article 4 hereof, the Buyer undertakes to pay for the Services.

ARTICLE 6: RIGHT OF WITHDRAWAL, CANCELLATION AND RESOLUTION

Article 6.1: Right of withdrawal: In accordance with the legal provisions in force, the Applicant or Purchaser has a right of withdrawal of 7 calendar days from the date of confirmation of registration. During this period, they may cancel their booking free of charge and obtain a full refund. However, if the course starts before the end of the withdrawal period, the Candidate or Buyer expressly waives their right to withdraw once they have started the course. In the event of registration less than 7 days before the start date of the course, the right of withdrawal does not apply and cancellation will be subject to the conditions set out in Article 6.2.

 

Article 6.2: Cancellation by the Applicant or Purchaser: Any cancellation after the 7-calendar day withdrawal period is subject to the following rules:

  • Cancellation at least 30 days before the start of the course à full refund, less a 10% administration fee,
  • Cancellation between 30 and 14 days before the start of the course à 50% of the course price will be refunded,
  • Cancellation less than 14 days before the start of the course à no refund will be given.

All cancellations must be submitted in writing to assistante.academy@ycm.mc  

If a change of date is necessary, the Training Centre will do its best to accommodate the request, subject to availability.

 

Article 6.3: Absences and late arrivals: in the event of non-attendance at a course without prior notice, the full amount of the course remains payable. Absences due to exceptional circumstances must be justified by an official medical certificate.

 

Late arrivals and missed sessions: if a participant arrives late or misses a session, the Training Centre reserves the right to refuse participation if it considers that the remaining course time is insufficient to acquire the necessary knowledge and skills. In this case, no refund will be made and the full amount of the course will remain due. The Training Centre is also not responsible for travel interruptions or related problems, so no refund can be requested on this basis.

In order to comply with the requirements of the Maritime and Coastguard Agency (MCA), the Royal Yachting Association (RYA) and the GUEST programme, attendance at all sessions is mandatory for eligibility for certification.

 

Article 6.4: Cancellation by the Training Centre or the Trainer: The Training Centre reserves the right to cancel a training session if the number of participants is considered insufficient, this decision being at its discretion, or if a Trainer is unavailable. In this case, the candidate will be informed in writing as soon as possible. Registration will then automatically be postponed to the next session, subject to the Candidate’s agreement. If no postponement is possible or if the Candidate refuses, a full refund of the amount paid will be made.

 

Article 6.5: Termination: The Training Centre reserves the right to terminate this contract ipso jure, without refund and upon written notification, either by registered letter or by e-mail, in the event of:

  • Non-payment of the full price of the Services by the Candidate or the Purchaser, the balance of which will remain due to the Training Centre;
  • Non-compliance with these General Terms by the Candidate.

 

ARTICLE 7: FORCE MAJEURE

Force majeure is defined as any event beyond the control of the Parties, which they cannot reasonably foresee, avoid or overcome, insofar as its occurrence renders the performance of the obligations totally impossible, subject to the provision of proof. The following in particular are considered to be cases of force majeure or fortuitous events releasing the Service Provider from its obligation to provide its services within the timeframes initially set: fire, flood, war, the impossibility of being supplied with raw materials, epidemics, strikes, floods.

In the event of force majeure, the Training Centre will inform the Candidate or the Purchaser in writing (by post or e-mail only), within 24 hours of the date of occurrence of the events, and the Contract binding the Training Centre and the Candidate or the Purchaser will then be suspended ipso jure, from the date of occurrence of the event. Similarly, the Candidate will inform the Training Centre in writing within 24 hours of the date of the occurrence of the events if a case of force majeure forces him/her to cancel his/her participation in the training course. In these circumstances, either the Event may be postponed to a later date, or the Candidate or Purchaser will be reimbursed for the sums paid, without any other compensation being claimed.

ARTICLE 8: APPLICABLE LAW AND COMPETENT JURISDICTIONS

Article 8.1: Applicable law and language: These General Terms are governed by and subject to Monegasque law. Any question relating to the General Terms and to the services they govern, which is not dealt with in these contractual stipulations, shall be governed by Monegasque law to the exclusion of any other law.

These General Terms are drawn up in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

Article 8.2 : Jurisdiction : In the event of a dispute, only the Monegasque courts shall have jurisdiction. However, the Parties undertake, in the event of disagreement, and before taking legal action, to reach an amicable agreement through the intermediation of their respective counsel, without this search for an amicable agreement constituting an arbitration clause.

ARTICLE 9 - PROTECTION OF PERSONAL DATA (GDPR)

The Training Centre collects and processes personal data relating to Applicants and Purchasers as part of the registration and follow-up of training courses. This data is used solely for the administrative, accounting and educational management of training courses, and for sending information about the Centre’s services.

In accordance with the regulations in force on the protection of personal data in the Principality of Monaco and the General Data Protection Regulation (GDPR), the persons concerned have a right of access, rectification, deletion and opposition to the processing of their data. All requests should be sent in writing to assistante.academy@yacht-club-monaco.mc.

Data is kept for a period of 3 years after the end of the training course, unless otherwise required by law. It is stored securely and is only accessible by the Training Centre’s administrative staff within the strict framework of their duties. Notwithstanding the above, the Training Centre will keep a copy of the certificates of achievement and diplomas in order to ensure that they can be reissued to the former Candidate, on request and in accordance with the conditions laid down by the Centre.