Forum: The Racing Rules of Sailing
Is the Entry Form a Rule?
Mike Forbes
Nationality: United Kingdom
Certifications:
- National Judge
0
If a yacht pays an Entry Fee for a race, and the race is abandoned before the start (ie there was no race), Could the yacht claim breach of contract and demand a refund?
Is the Entry Form part of the Rules (def)? ...... “any other document that governs the event”
Would any dispute be a civil matter or be a valid Request for Redress (act or omission of the RC, they did not start a race) ??
Is the Entry Form part of the Rules (def)? ...... “any other document that governs the event”
Would any dispute be a civil matter or be a valid Request for Redress (act or omission of the RC, they did not start a race) ??
Comments
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Here is my WAG (I’m not a lawyer, but I play one on the internet).
Entry forms include language which releases liability, declares assumption of risk, and establish insurance requirements. To that extent, I would say that it is certainly a contract.
The RRS establish broad leeway for the RC to determine the ability to have a fair race and to abandon a race even long after the race is complete, let alone never starting it.
Entering the race, competitors agree to abide and compete under the RRS, therefore accepting the latitude granted the RC.
There is the concept of “mitigating damages”. If a hurricane is predicted and boats are being pulled to the hard and the race is cancelled a week away, then if the OA doesn’t do all they can to reduce their costs and refund a prorated amount, then I think a competitor might have a case.
On the other hand, if everyone is out on the water and the wind never comes, and still have the after race party, etc. then I’d say the competitor can’t expect anything.
Thanks for ur comments Angelo. I’m at a week long event with an unusual forecast of very light or no wind, and a likelihood of no racing on some days. I’ve heard grumbling about Entry fees and no racing. It occurred to me that someone just might try to reclaim Entry fees because the RC has not provided racing. The Entry form says that entrants are paying for races, not days at the event.
A race started then abandoned is a race, but abandonment before a start means no race....... obviously. I could not decide how to deal with any Request for Redress (an omission of the RC by not providing racing) that might be lodged. Comments greatly appreciated. .
For info.....
Maybe an ounce of prevention might be worth a pound of cure (and a ton of good will).
Talk over the costs that were budgeted for the race with the OA and if some of those costs are not incurred (fuel, trophies, freebies, outside Race Officer travel, etc) maybe have a plan for a partial refund upon request (or to all). Seems that would create tremendous good will.
Usually, the NOR states that the entry fee includes x tickets to the party if there is a party. Therefore it's easy to break out the cost of the party from the rest of the fee. If I pay a $300, $500 or $1,000 entry fee and the race is abandoned pre-start I'll be looking for a refund. I have yet to see an NOR that discusses refunds in any way. The OA could simply state in the NOR that fees are non-refundable.
That said, as a matter of policy, if OAs are required to pay back entry fees in the event of abandonment, they may consider such when making that decision. This could cause people to race complete drifters, which is harmless, or cause the OA to conduct a race in dangerous weather. Of course it remains the skippers decision to race or not, but as we all know many are racing no matter what if there is a race.
Generally I favor refunds, but I accept that a legal precedent requiring them could be problematic as a practical matter.
Thanks all for your comments. Mike.