ACCEPTANCE OF TERMS
By accessing the content of www.cbya.org (“the Website”) you agree to be bound by the terms and conditions set out herein and you accept our privacy policy available above. If you object to any of the terms and conditions set out in this agreement you should not use any of the products or services on the Website and leave immediately.
You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.
CBYA Code of Conduct
Introduction
The CBYA is a private organisation created to enable our members to enjoy sailing and socialising together. It is important for our members to freely enjoy our facilities and events without harassment from other members. We have therefore developed the following guidelines as to how we should conduct ourselves, and how to proceed in the case of any issues.
The CBYA Code of Conduct
All CBYA members agree to conduct themselves appropriately, and to avoid behaving in a way that creates an unpleasant situation for other members.
No CBYA member will falsely and deliberately discredit the club or its membership or its managing committee. This could be via social media: Facebook, X, Instagram, TikTok et al, or in the printed press, but also via shared messaging services (i.e. chat groups) like WhatsApp, SMS, Facebook Messenger etc. This includes:
- Deliberately and falsely criticising the CBYA using facts that are known to be incorrect or
- Circulating to the CBYA membership something that misrepresents the club or its business in a way that denigrates the club, or its members or its elected representatives.
Anyone who writes something denigrating or defamatory about the club or its members or its managing committee in a CBYA chat group risks having their messages removed by the chat mediator, or for repeated transgressions, being removed from the forum.
CBYA forums are mediated by a CBYA event coordinator or committee member, or in some instances delegated to another member. The mediator has the power to remove posts and or participants as directed to do so by a committee member.
No non-CBYA social messaging forum may be created purporting to be or masquerade as a CBYA authorised forum.
Harassment
No CBYA member will harass other members by indulging in inappropriate threatening, psychological or sexual behaviour.
Reporting Violations
If any member feels that a member is violating the above guidelines, they should send a confidential report to secretary@cbya.org
Remedies
Any reported incidents will be reviewed by the standing CBYA Committee, and if it is agreed that the CBYA Code of Conduct has been breached, the following actions will be taken:
- The Secretary will contact the offending member to notify him/her that the Committee has received a formal complaint, and to solicit their position in the matter. This will be reported to the Committee for further review.
- If the Committee agrees that there is a case, a formal written warning will be issued to the offending member.
- If the member persists in inappropriate behaviour towards another member, the Committee will exercise its right to cancel the membership of the offending member who will then not be permitted to re-join the CBYA at a later date.
- The expulsion must be agreed by a secret ballot held by the Committee, in which at least 75% of the votes cast support the proposed expulsion. For the purpose of this rule at least six members of the committee must be present throughout the review meeting.
MODIFICATION
CBYA reserve the right to change any part of this agreement without notice and your use of the Website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement.
CBYA have complete discretion to modify or remove any part of this site without warning or liability arising from such action.
LIMITATION OF LIABILITY
CBYA will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website.
Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as result of the negligence of CBYA, its employees or agents.
COPYRIGHT
All intellectual property of CBYA such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of CBYA
By using the Website you agree to respect the intellectual property rights of CBYA and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.
DISCLAIMER
The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.
The information contained with the Website is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.
We do not guarantee uninterrupted availability of the www.cbya.org Website and cannot provide any representation that using the Website will be error free.
THIRD PARTIES
The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
SEVERANCE
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
GOVERNING LAW AND JURISDICTION
This Agreement will be governed by the Spanish law and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of the Spanish courts without reference to rules governing choice of laws.
INSURANCE
The CBYA Committee strongly recommends that all sailing members should purchase their own insurance which will cover them for any CBYA sailing activities. This includes dinghy and Hobie Cat sailors, as well as those that join the monthly CBYA day charters and annual CBYA charter holiday trips. The Real Club Náutico Calpe offers annual sailing insurance policies at a reasonable cost which provide cover for accidents at sea throughout the European Union. You can also purchase personal insurance which provides this cover. Any member who wishes to sail who cannot provide evidence that they hold suitable insurance, will be asked to sign a disclaimer.
SAILING & EVENTS DISCLAIMER
DISCLAIMER – Costa Blanca Yacht Association – updated on 22nd May 2020.
All members must accept this disclaimer before taking part in any CBYA organised activities.
By selecting the option on your purchase of the….
DECLARACIÓN JURADA
Como socio y asistente de las excursiones, actividades náuticas, recreativas y asociativas de la ASOCIACIÓN DE AMIGOS DEL YATE, COSTA BLANCA (Asociación Costa Blanca de Yachting) con mi aceptación de estos términos y condiciones, acepto bajo mi sola responsabilidad participar en tales actividades y cumplir las normas impuestas por las autoridades competentes, eximiendo de toda responsabilidad esa asociación que reconozco que desempeña una función meramente de coordinación y sin ánimo de lucro. También acepto contratar una cobertura de seguro de terceros adecuada antes de participar en cualquier actividad de navegación de CBYA. Términos especiales de coronavirus: dado que todavía existen riesgos de salud no cuantificables de COVID-19, cada participante acepta que está participando en las actividades de la ASOCIACIÓN DE AMIGOS DEL YATE, COSTA BLANCA bajo su propio riesgo, y que la ASOCIACIÓN DE AMIGOS DEL YATE, COSTA BLANCA BLANCA por este medio se exime de cualquier responsabilidad financiera por cualquiera, y todos, tipos de enfermedades virales transmisibles, incluyendo COVID-19 o coronavirus, y / o muerte, a cualquiera que participe, o a aquellos dichos participantes puedan infectar posteriormente.
TRANSLATION (for guidance only):
I, Mr/Mrs/Mr/Dr. ……………………, with Passport ………………………….. or NIE………………………., as a member and participant in the excursions, nautical, recreational and associated activities of the ASOCIACIÓN DE AMIGOS DEL YATE, (Costa Blanca Yacht Association) with my acceptance of these terms and conditions, I accept under my sole responsibility to participate in such activities and to comply with the rules and restrictions imposed by the competent authorities, discharging them from all responsibility. I recognize that the association performs a function of merely coordination and non-profit making and I exempt the association, which I recognise, from all responsibility. I also agree to purchase adequate third-party insurance cover prior to participating in any CBYA sailing activities. Special coronavirus terms: As there are still unquantifiable COVID-19 health risks, each and every member agrees that they are participating in CBYA activities fully at their own risk, and that the CBYA hereby absolves itself of any financial liability for any, and all, kinds of transmittable viral illness, including COVID-19 or coronavirus, and or death, to anyone participating, or to those who such participants may subsequently infect.
