A booking is a legally binding contract. Submission
of a completed booking form is an offer by
the Hirer and the booking agreement is made
only if and when the Company gives a written
boat hire confirmation. Telephone bookings
do not create legal agreements and any offer
by the Company to hold a reservation is not
legally binding except where the booking
deposit is authorised by the hirer by credit
card when acceptance by the company shall
create the booking agreement though the hirer
shall also complete a booking form. The contract
includes these conditions which the Hirer
accepts having read and agreed them.
The entire contract between the Company and
the Hirer is contained in these Conditions
and the booking form and no representations,
terms, warranty or condition expressed or implied
shall be deemed to be or have been made or
agreed or imported by reference to any other
writing, advertisement or conversation. No
agent, servant or representative of the Company
has any right to alter or vary or waive any
of these conditions. Nor is any such person
authorised to undertake any liability whatsoever
on behalf of the Company. These conditions
can only be varied with the written permission
signed by a Director or the General Manager
of the Company. The Hirer acknowledges that
no statement or representation which may have
been made by or on behalf of the Company induced
the Hirer to enter into the contract and that
any such statements or representations do not
form part of the contract. Any liability of
the Company and any remedy of the Hirer in
respect of any such statement or representation
is excluded save in so far as liability in
respect of any particular statement or representation
may not be excluded by law. In accepting a
booking, the company's responsibility does
not extend beyond the provision of the boat
and in particular there is no warranty that
any particular route will be available for
navigation during the period of hire. Where
more than one boat is booked on the same booking
form each boat shall be deemed to be the subject
of a separate contract. Bookings for optional
extras are taken subject to availability on
the start date.
The
Hirer must be aged 25 years or over. Though
there is no age limit for driving the boat,
the Hirer warrants that whenever the boat is
driven by a person aged under eighteen years
they will always be under the close supervision
of a competent adult. Where a boat is occupied
by a group comprising mainly young persons,
the Hirer warrants that at all times a responsible
person aged more than 21 years will be in charge
of the group.
The Company may at its discretion cancel any
booking made in contravention of this condition
before or at the start date. In this event
any money paid will be forfeit and any balance
payment will remain due unless the Company
is able to re-let. If the Company is able to
re-let the Hirer will remain liable for 15%
of the price to cover administration expenses.
The Company may at its discretion cancel the
booking and refuse to hand over the boat to
any person or group who in its opinion is not
suitable to take charge on the grounds of infirmity,
ill health, disability, suspected influence
of alcohol or drugs or who have failed to demonstrate
a reasonable standard of competence following
appropriate instruction in boat handling. In
this event the Company will refund all monies
paid for boat hire and the contract shall be
discharged without further liability on either
party.
The Company may repossess the boat at any time
if in the opinion of the Company the Hirer
is unsuitable for the reasons given above or
if the Hirer is not behaving responsibly or
if the boat or any persons are at risk. In
this event the Hirer shall remain liable to
pay the hire price and no refund shall be due.
The
agreement including the payment terms is a
legally binding contract and may not be
cancelled or amended except as provided in
the Conditions. Should the Hirer wish to
cancel or amend the booking they must advise
the Company immediately by telephone and
at the same time send written confirmation
by Recorded Delivery post. The company reserves
the right to levy an administration charge
of £35 for any alteration to a booking
made by the hirer after it has issued a booking
confirmation. In the event of a cancellation,
the deposit will be forfeited and the hirer
will pay the balance price on the due date.
The Company may at its discretion waive the
balance price if it is successful in re-letting
the boat for the whole of the hire period.
It is therefore strongly recommended that
the hirers protect themselves against cancellation
liability by taking out cancellation protection.
In the event of any claim being disallowed
for any reason the hirer remains liable for
the full hire charges. In the event of the
operator being unable to re-book the boat
the hirer will remain responsible for the
full hire price unless covered by a cancellation
protection scheme.
The hire period is as shown in the booking
confirmation. The Company will endeavour
to have the boat ready for the Hirer between
2.30pm and 4pm on Saturday start dates and
from 9.30am on Wednesday starts. The hirer
must notify the company of any likely delay
in arrival as soon as possible by fax or
telephone. Before the Hirer departs with
the boat the Company will give the Hirer
such instructions, demonstrations and trials
as it thinks fit and require the hirer to
check and sign for the contents, inventory
and Boat Acceptance. In the event that the
boat is not available because of circumstances
beyond the company's control the Company
may substitute a boat of similar accommodation
but if no such boat is available the Company
shall refund any payments made but shall
not otherwise be liable and the contract
shall be discharged.
The boat shall be returned to the company's
hire base and be vacated in a clean and tidy
condition no later than 9.30am on Saturday
return days and 2.30pm Tuesdays. Hirers are
responsible for ensuring that their cruising
schedule allows time for unforeseen contingencies
so as to permit their return and vacation of
the boat by the scheduled time. Breach of this
condition will incur an additional charge of
up to £50 per hour or part thereof.
In addition, the Hirer will be liable for any
extra costs and/or damages incurred by the
Company as a result of the boat not being available
on time for the next Hirer. Where the Company
has to recover a boat and return it to the
base, the Hirer shall be liable for all the
costs involved.
Where operational circumstances make it necessary
the Company reserves the right to require the
boat to start from or return to a place other
than its normal base of operation. In such
circumstances the Company will where necessary
provide transport to the original base.
The Hirer is responsible to return the boat
to its originating base. If the hirer fails
to do so except for unavoidable cause the Hirer
will be liable to pay to the Company the cost
of recovering the boat.
Prices
are inclusive of V.A.T. and are subject to
any change in the V.A.T. rate prior to the
settlement of the price in full. The booking
confirmation and booking statement are not
V.A.T. invoices. Prices are in pounds sterling.
The Hirer shall reimburse the Company on demand
for any expenses incurred in the conversion
of foreign currencies, bank charges, special
clearance, re-presenting cheques, processing
payments or otherwise in obtaining cleared
sterling funds of the amount due on the due
date. Payment is not made until cash or cleared
funds have been received by the Company.
Please
note that there is a 2%
Credit Card Charge. The booking
deposit must be sent with the booking application
and unless otherwise stated is 40% of the
total price. The balance of the price is
due not less than 8 weeks before the hire
start date. Time of payment shall be of the
essence of the contract. For bookings made
within 8 weeks before the hire start date
payment in full must accompany the booking
form. (deleted
last sentences)
The company insures the boat and its equipment
and inventory against public liability risks.
The company's insurance does not cover personal
accidents or loss or damage to personal effects.
Hirers and their crews are advised to take
out their own personal insurance cover. The
price includes a compulsory accidental damage
waiver per booking. Accidental damage waiver
excludes damage arising from speeding, contact
with a lock sill causing damage to the rudder,
skeg or stern gear, TV aerials, chimneys,
malicious or intentional damage to the boat.
Also excluded is malicious or intentional
damage to other boats and property and the
late return of the boat and return of the
boat in unclean condition.
The Hirer will indemnify the Company against
all costs, damage, expenses, liability and
claims howsoever arising from the negligence,
neglect or default of the Hirer to the extent
that they are not covered by the company's
policy.
The Hirer shall take reasonable care of the
boat its equipment and contents and shall
return them at the end of the hire period
in accordance with the company's instructions
and in good clean and tidy order and condition.
The Hirer shall notify the company in the event
of breakdown, damage, theft or loss and shall
provide full details and comply with the company's
instructions. The Hirer must not undertake
or have undertaken any repairs, adjustment
or service without the company's prior approval.
Any repairs or replacements by the Hirer without
the company's approval will not be accepted.
The Hirer shall be responsible for getting
the boat off mud banks or other grounding and
for removal of weeds, rope and other matter
from propellers.
The Hirer shall notify the Company if any of
these operations cannot be carried out without
risk of accident or damage. The Hirer shall
have no claim on the company as a result of
breakdown or failures of the boat and its equipment
or for any delays caused by repairs to the
boat. The Hirer shall comply with the company's
instructions; otherwise the Hirer shall be
liable for any loss or damage incurred.
Vehicles may be left in the company's car parks
at the owner's risk. The company will be
under no liability for any loss of or damage
to vehicles or contents of the hirers or
other peoples property on the boat or elsewhere
or howsoever caused except by the company's
negligence or that of those for whom the
Company is responsible. Hirers are particularly
advised not to leave any valuable or portable
items in the car.
The Company shall take such action as may be
necessary to silence car alarms in the company's
car parks and to recover the costs from the
Hirer.
The Company may return hirer's property left
behind if claimed and following the receipt
of payment for postage and packing (minimum
charge £10). Property not claimed within
two months from the end date will be disposed
of by the Company.
The boat is handed over ready fuelled and the
price includes the cost of fuel consumed.
If refuelling becomes necessary, it may only
take place at the premises of suppliers designated
by the Company. The Company will only reimburse
the cost to the Hirer for fuel purchases
that are authorised, and in the case of gas
on a like for like exchange, and on presentation
of a V.A.T. receipt.
The Company may make a fuel surcharge if there
is any material increase of diesel or gas prices
or duty. Whilst water supply and moorings on
the canals are normally free of charge, any
costs incurred are the responsibility of the
Hirer.
Where pump-outs are required to toilet tanks,
the cost is the responsibility of the Hirer
unless carried out at the company's base.
If it becomes necessary for you to cancel your
booking, send a letter of explanation to the
hirer as soon as possible. A cancellation fee
according to the following scale will be charged.
