Terms and Conditions; Privacy and Cookies

Standard Terms and Conditions of Business

kSail is a trading name of Keith Sammons Ltd Registered in England Company Number 09912653.

kSail Events is a trading name of kSail Events Ltd Registered in England Company Number 14666451.

The following terms and conditions together shall constitute the entire terms and conditions between the parties hereto (hereunder called the "Agreement") and shall supersede and override all other warranties, representations and terms and conditions whether express or implied, oral or written, including the Client's standard terms.

1. Definitions

The "Company" is Keith Sammons Ltd or kSail Events Ltd and includes the Surveyor/Consultant/Staff member trading under these conditions.

The "Surveyor"/"Consultant"/”Staff member” is the surveyor or consultant performing the Services on behalf of the Company for the Client.

The "Client" is the party at whose request or on whose behalf the Company undertakes the Services.

"Report" means any report or statement supplied by the Surveyor/Consultant/Staff member in connection with instructions received from the Client.

"Disbursements" means the cost of all reasonable photography, reproduction of drawings, diagrams, sketches and printing, duplicating and, where applicable, electronic transmission fees, and all reasonable and appropriate expenses including travel, refreshments and hotel accommodation where an overnight stay is necessary.

"Fees" means the fees charged by the Company to the Client and including any value added tax where applicable and any Disbursements.

“Services” means the surveying/consultancy services to be performed by the Company on behalf of the Client.

“Goods” means any product supplied by the Company.

2. Confirmation of Instructions

General

These terms and conditions of sale will form the basis of any contract between the Company and the Client and exclude any other terms and conditions inconsistent with them which the Client might seek to impose at any time. No variation of these terms and conditions is permitted unless expressly agreed in writing by a Director of the Company.

All contracts entered into by the Company will be subject to English Law and will be subject to the exclusive jurisdiction of the courts of England and Wales.

(a) The Client will set out in writing the Services which it requires the Company to provide. The Company will confirm in writing acceptance of those instructions or, alternatively, define the Services to be performed in connection with the Client's instructions. Once the Company and the Client have agreed upon the Services to be performed, any subsequent changes or additions must be agreed on a technical and commercial basis by both parties in writing.

(b) The parties acknowledge that the scope of the Services and the locations at which they are carried out can change and evolve during the performance of the Services and any variation in instructions should, whenever practicable, be agreed in writing by the parties in accordance with Clause 2(a) hereof beforehand. Where this is not practicable the variation must be confirmed in writing by the Client as soon as possible thereafter.

3. Fees

In circumstances where it is practical, the Company will endeavour to agree a fixed fee (net of VAT and disbursements) with the Client at the outset. Where it is not practicable to do so, the Company will offer to perform the work on an hourly or daily rate. The daily rate is subject to a maximum of ten hours per day.

Unless otherwise stated any estimate or quotation provided by the Company will be valid for 30 days from the date of issue. Goods will be invoiced at the prices in effect at the date of despatch. The Company reserves the right to adjust the price at any time prior to delivery of the Goods to take account of increases in labour or material costs or currency fluctuations. Unless otherwise stated the quoted prices are net ex-works and are exclusive of carriage, insurance, and packaging.

4. Payment Terms

(a) The Client shall pay the Company’s Fees punctually in accordance with these Conditions and in any event not later than 7 days following the relevant invoice date, or in such other manner as may have been agreed in writing between the parties. The Company may render invoices for Disbursements incurred in the performance of the Services as soon as such Disbursements are incurred. Such Disbursement only invoices will be paid by the Client upon presentation. Any delay in payment of Disbursement invoices shall entitle the Company to charge interest at the Visa Rate of APR. Or for fees on a daily basis at 4% above the Base Lending Rate of Lloyds Bank Plc prevailing at the time of default.

For clients who are not credit account holders, payment will be required prior to delivery/release of Goods or supply of Services.

(b) Without prejudice to any rights of recovery which the Company might have against a third party, the Company shall treat the Client as the person responsible for paying for the Goods or Services. The Company shall not therefore need to be concerned as to whether the Client considers itself to be principal or agent. Nor shall the Company need to concern itself as to whether the Client, is or is not, paid by a third party.

(c) If the Services are being given in relation to a claim or a defence which may result in protracted discussions and/or litigation, the Company reserves the right to submit interim invoices or pro forma invoices at regular intervals.

(d) Unless the Client can clearly show that the Company was negligent in the performance of the Services or such performance was not in accordance with the instructions agreed between the parties the Client shall not be excused payment of any portion of the Fees due merely because the outcome of negotiations, arbitration or legal proceedings was contrary to the Client's expectations or was not in the Client's favour.

5. Disputed invoices

If any part of an invoice is genuinely in dispute, the Client shall pay the undisputed part thereof. The Parties shall endeavour to resolve the disputed portion, without delay.

6. Obligations and Responsibilities

(a) Client

The Client undertakes to ensure that full instructions are given to the Surveyor/Consultant/Staff member and are provided in sufficient time to enable the Services to be performed effectively and efficiently and to procure all necessary access for the Surveyor/Consultant/Staff member to goods, premises, vessels, installations and transport and to ensure that all appropriate safety measures are taken to provide safe and secure working conditions.

The Company is entitled to terminate the Services at instant notice by means of a written statement to the Client, without prejudice to the Company’s right to compensation for expenses, damage and/or loss, if the Client fails to meet any of its obligations under these Terms and Conditions.

(b) Company

The Surveyor/Consultant shall use reasonable care and skill in the performance of the Services in accordance with good marine surveying/consulting practice.

(c) Measurements and Breaking Loads

Unless expressly stipulated all descriptions, drawings, illustrations or ratings, standards, statements or details of capacity or performance specifications or other descriptive matter are approximate only and do not form part of any contract. Any breaking loads provided are for guidance only and are not guaranteed. The Company reserves the right to alter product specifications without prior notice.

7. Reporting

The Surveyor/Consultant/Staff member shall submit interim advices, site situation reports and a final report to the Client during and following completion of the Services, describing the Surveyor/Consultant/Staff members’s findings and assessments, unless otherwise expressly instructed by the Client not to do so.

8. Confidentiality

The Company undertakes not to disclose any information provided in confidence by the Client to any third party and will not permit access to such information by any third party unless the Client expressly grants permission, save where required to do so by an order of a competent court of law.

9. Intellectual Property

The rights of ownership in respect to any intellectual property resulting from the performance of the Services created by the Surveyor/Consultant/Staff member remains the property of the Company. The Client shall be entitled to disclose the Report to any third party for whose benefit the Services were specifically commissioned.

10. Conflict of Interest/Lack of Qualification

The Company shall promptly notify the Client of any matter arising, including a conflict of interest or a lack of suitable qualifications and experience on the part of the Surveyor/Consultant/Staff member, which would render it undesirable for the Company to continue to perform the Services. The Client shall be responsible for payment of the Company’s Fees up to the date of notification.

11. Liability

(a) The Company shall be under no liability whatsoever to the Client for any loss, damage, delay or expense, whether direct or indirect arising from the performance of the Services UNLESS the same is proven to have resulted from the negligence of the Company or any of its employees or agents or sub-contractors and to have resulted in direct damage to tangible property, in which case the Company's liability shall be limited in accordance with paragraph (b) below.

(b) The Company's maximum liability for professional negligence shall be i) the Fee paid for the work OR ii) £100,000 whichever is the lesser.

(c) Force Majeure
The Company shall not be liable for any failure to deliver the Goods arising from circumstances outside its control. These circumstances include, but are not limited to, the following: Act of God, war, riot, explosion, abnormal weather conditions, fire, flood, strikes, lockouts, Government (UK or other) actions or regulations, delay by suppliers, accidents, shortage of materials, labour or manufacturing facilities.

Should the Company be prevented from delivering in the above circumstances the Company will inform the Buyer as soon as reasonably practicable.

(d) Risk
Risk in the Goods passes to the Client when the Goods are delivered to or collected by the Client or its agent.

(e) Title
The title in the goods remains with the Company until the Client has paid in full for the goods.

12. Delivery

Delivery is effected when the Goods leave the premises of the Company. Delivery dates are advised in good faith, but the Company will not be liable for any loss caused by late delivery or its failure to make Goods available for collection on the due date.

The Company may deliver by instalments in such quantities as it may reasonably decide; and no breach in respect of one or more of them shall entitle the Client to cancel any subsequent instalments or repudiate this contract as a whole.

12. Returns

Please contact the Company prior to returning any item.

If the Client has ordered the incorrect items or has changed their mind they must inform the Company in writing within seven days and return the items at the Client’s expense, in an unused and saleable condition, within 14 days. The Company will provide a refund up to the value of the original order. Refunds for return after 14 days and up to one calendar month will be made by Credit Note up to the value of the returned goods excluding any shipping costs.

If the Client needs to return any purchase because the Company has made an error or the item is damaged or faulty, the Company will reimburse return postage up to the value of the original postage cost, excluding any additional expedited delivery premium.

It is not possible for the Company to accept returns of goods which have been manufactured, modified or altered to the Client’s own specifications. This includes any cut ropes, rigging, etc or goods that have required attachment of customer specified fittings.

13. Provision of subcontractor or labour only subcontractor services

Where kSail Ltd/kSail Events Ltd are engaged as a subcontractor or labour only subcontractor any equipment including vessels supplied for use by kSail staff shall be appropriately insured for the activities being undertaken.

14. Charter of Vessels

Bareboat charter of all boats (sail and power), the boat is provided with basic 3rd party cover, unless otherwise agreed, the hirer is responsible for ensuring that the vessel and all those persons in charge of the vessel are adequately insured for the activities being undertaken.

Bareboat charter of RIB/powerboat in addition to the above anyone in charge of the vessel must be competent in its use and hold a minimum of RYA Powerboat Level 2. The boat may only be used as a Race Support Vessel and may not be used for thrill/pleasure rides, waterskiing or towing of inflatables. It is the responsibility of the hirer to ensure that the vessel is safe to use before operation and is carrying suitable safety equipment for its intended used.

When boats are chartered with a kSail employee who remains in charge of the vessel, the vessel will be insured by kSail, details are available upon request.

CONTACT

Any queries should be submitted via the online contact form or in writing to kSail, c/o 56 Andover Road, Winchester, Hampshire, SO22 6AG

These terms and conditions were reviewed in July 2026. Any changes will be published on this website.

Privacy and Data

Customer privacy notice
Keith Sammons Ltd t/a kSail, kSail Events Ltd

This privacy notice tells you what to expect us to do with your personal information.

Contact details

Ksail, Unit 9A-9B, Stonefield Park, Martins Lane, Chilbolton, Stockbridge, Hampshire, SO20 6BL, GB

hello@ksail.co.uk

What information we collect, use, and why

We collect or use the following information to provide services and goods, including delivery:

· Names and contact details

· Addresses

· Purchase or account history

· Information relating to loyalty programmes

· Website user information (including user journeys and cookie tracking)

· Records of meetings and decisions

· Information relating to compliments or complaints

· Information relating to sponsorship

We collect or use the following information for the operation of customer accounts and guarantees:

· Names and contact details

· Addresses

· Purchase history

· Account information, including registration details

· Marketing preferences

We collect or use the following information for service updates or marketing purposes:

· Names and contact details

· Addresses

· Marketing preferences

· Location data

· Purchase or viewing history

· IP addresses

· Website and app user journey information

· Information relating to sponsorship

· Records of consent, where appropriate

We collect or use the following information for recruitment purposes:

· Contact details (e.g. name, address, telephone number or personal email address)

· Date of birth

· Employment history (e.g. job application, employment references or secondary employment)

· Education history (e.g. qualifications)

We collect or use the following personal information for dealing with queries, complaints or claims:

· Names and contact details

· Address

· Account information

· Purchase or service history

· Customer or client accounts and records

· Correspondence

Website Cookies

Our websites use cookies to help provide our service to you as follows:

Essential Cookies – these allow the website to operate including remembering your personal settings, basket contents and security
Optional Cookies – these allow us to analyse how you use the site and include 3rd party services and cookies such as Google Analytics

Lawful bases and data protection rights

Under UK data protection law, we must have a “lawful basis” for collecting and using your personal information. There is a list of possible lawful bases in the UK GDPR. You can find out more about lawful bases on the ICO’s website.

Which lawful basis we rely on may affect your data protection rights which are set out in brief below. You can find out more about your data protection rights and the exemptions which may apply on the ICO’s website:

Your right of access - You have the right to ask us for copies of your personal information. You can request other information such as details about where we get personal information from and who we share personal information with. There are some exemptions which means you may not receive all the information you ask for. You can read more about this right here.
Your right to rectification - You have the right to ask us to correct or delete personal information you think is inaccurate or incomplete. You can read more about this right here.
Your right to erasure - You have the right to ask us to delete your personal information. You can read more about this right here.
Your right to restriction of processing - You have the right to ask us to limit how we can use your personal information. You can read more about this right here.
Your right to object to processing - You have the right to object to the processing of your personal data. You can read more about this right here.
Your right to data portability - You have the right to ask that we transfer the personal information you gave us to another organisation, or to you. You can read more about this right here.
Your right to withdraw consent – When we use consent as our lawful basis you have the right to withdraw your consent at any time. You can read more about this right here.

If you make a request, we must respond to you without undue delay and in any event within one month.

To make a data protection rights request, please contact us using the contact details at the top of this privacy notice.

Our lawful bases for the collection and use of your data

Our lawful bases for collecting or using personal information to provide services and goods are:

· Consent - we have permission from you after we gave you all the relevant information. All of your data protection rights may apply, except the right to object. To be clear, you do have the right to withdraw your consent at any time.