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Terms & Conditions of Boat Hire
Please read these terms and conditions carefully. They are all part of
the hire agreement and describe the rights and duties of both you and
the company.1.
DEFINITIONS
In these conditions and the Agreement the following words have the
following meanings:-
“Agreement” means the hire agreement between you and the company which
is evidenced by your booking request and the booking confirmation and is
made on the basis of these conditions.
“Booking Confirmation” means the written confirmation issued to you by
the company confirming the hire period, price, place of delivery and
other key particulars of the booking.
"Company" means Rose Narrowboats Ltd of Fosseway, Stretton under Fosse,
Rugby, Warwickshire, CV23 0PU.
"You" means the person or persons named in the booking confirmation. If
there is more than one of you each of you shall be individually
responsible for complying with the agreement.
"Conditions" means these boat hire conditions.
"Price" means the price in the booking confirmation.
"Start Date" means the start date in the booking confirmation.
"End Date" means the end date in the booking confirmation.
“Hire Period” means the hire period in the booking confirmation.
“Written” means that the item has been printed, typed, written out by
hand or sent or displayed by e-mail or other electronic means.
2. AGREEMENT TO HIRE
2.1 When you request a booking you are making an offer to hire a boat on
these conditions. The hire agreement itself only comes into existence
when the company sends out the booking confirmation.
2.2 A provisional or conditional booking is not binding and you may
cancel it at any time before the booking confirmation is sent out to you
by the company. Similarly the company may hire the boat to another party
in place of you at any time before a booking confirmation has been sent
to you.
2.3 The entire agreement between you and the company is contained in
these conditions, the booking request and the booking confirmation.
Nothing in these conditions affects your statutory rights.
3. PRICES AND PAYMENT
3.1 The company’s advertised prices are in pounds sterling and include
Value Added Tax. If the rates of VAT or any other government tax are
changed so that a different rate applies to your hire any difference
will be charged or refunded to you as the case may be.
3.2 The company reserves the right to correct errors in advertised or
quoted prices at the time of booking confirmation.
3.3 Payment is deemed to have been made when cleared funds are received
in the company’s bank account.
3.4 The deposit is payable at the time of the booking request. The
deposit is 25% of the total price. An additional security deposit of
£200 (two hundred pounds) is applied to certain groups (see clause 4.2
below).
3.5 The balance of the price is due not less than six weeks before the
start date as shown in the booking confirmation. Time of payment shall
be of the essence of the Agreement.
3.6 For bookings made less than six weeks before the start date you must
pay the full price at the time of the booking request.
3.7 The company may charge interest at 3% p.a. over Bank of England base
rate on any money which is overdue from the due date until the actual
date of full payment.
3.8 The booking confirmation is not a VAT invoice.
4. YOUR PARTY.
4.1 Personal agreement and obligations
The hire agreement is a personal one between you and the company and
your identity is a material factor in the company’s decision to enter
into the Agreement. You must be at least 18 years of age at the time of
booking. You must be authorised by all other members of your party to
enter into the Agreement on their behalf. The full names and ages of all
members of your party must be provided to the company at the time of
booking. All changes in your party (the addition, substitution or
removal of any member of the party) which take place at any time after
the booking confirmation has been issued (including during the hire
period) must be communicated in writing and approved by the company
(such approval is not to be unreasonably withheld). You are responsible
for making all members of your party aware of the terms of the
Agreement.
4.2 School parties, youth groups, hen or stag parties, business purposes
The company's general policy is that it will not enter into hire
agreements for school parties, youth groups, all male or all female
crews or for any commercial purpose without more information about the
members of the party and the purpose and nature of the hire occasion. If
the company later becomes aware that your party actually falls within
this policy but that you have not disclosed it to the company then the
company may terminate your booking. In this event the deposit and any
other part of the price which you have paid will be retained by the
company and you will remain liable to pay the balance of the price. The
company reserves the right to charge a £200 (two hundred pounds)
refundable security deposit against any booking at the time the booking
confirmation is made.
4.3 The use of alcohol and controlled drugs: company’s right of
immediate cancellation
The boat shall not be navigated while anyone on board is, or appears to
be, under the influence of alcohol or drugs and the company may cancel
your booking and refuse to hand the boat over to you or repossess it if
you or any member of your party is or appears to be under the influence
of alcohol or drugs. In such a case the company shall be entitled to
recover any loss, damage and expense from the monies already paid by you
and if this is insufficient to cover its loss it shall be entitled to
bring a claim against you for the balance of such claim.
4.4 Company’s right to decline handover for safety reasons
The company may cancel your booking and refuse to hand the boat over to
you if, in its reasonable opinion, you are unsuitable to take charge of
the boat for any reason that may adversely affect the safety of any
person or property. In this event (and provided that you have fully
complied with your obligations under this Agreement) the company will
refund the deposit and any other monies which you have paid to the
company and the contract shall be discharged without further liability
on either party.
4.5 Company’s right to repossess during the hire
The company may repossess the boat at any time after commencement of the
hire period if in the reasonable opinion of the company you are
unsuitable to be in charge of the boat for any reason affecting the
safety of any person or property including in particular if you or any
member of your party is or appears to be under the influence of alcohol
or drugs or if you are not behaving responsibly or if there has been a
material breach of the terms of this Agreement.
5. CANCELLATIONS AND CHANGES
REQUESTED BY YOU
5.1 The Agreement is a legally binding contract and may only be
cancelled in accordance with these conditions.
5.2 If you want to cancel or change your booking you must give the
company written notice. The date of receipt of the written notice shall
be the effective cancellation date but in order to increase the
prospects of re-letting the boat you should pre-advise the company of
the impending cancellation by telephone.
5.3 The company shall make the following charges for cancellation,
depending on the date on which the cancellation notice is received: |
5.4 Insurance premia and credit card charges are
non-refundable whatever the date of cancellation.
5.5 If the company re-lets the boat to a new customer for the hire
period or part of it the company will return the cancellation charge
which you have paid in respect of any days for which it has re-let the
boat after deducting an administration fee of £50 (fifty pounds) in
total together with any insurance and credit card charges which the
company has incurred.
6. CANCELLATION BY THE COMPANY
6.1 The company may cancel the Agreement by written notice in the
following circumstances:
for any of the reasons described in conditions 4.2, 4.3, 4.4 or 4.5
in the event of an accident affecting the safety or navigability of the
boat
for breach of any of the rules set out under condition 9.1
for non-payment of any sum due under the booking
6.2 The company is entitled to recover from you any loss which it
suffers as a result of cancellation under any of the provisions of
conditions 4.2, 4.3 or 4.5 or for breach of condition 9.1 and it may
retain all or part of any payments which you have made as security for
such claims. Subject to this if the company is able to relet the boat
for all or part of the hire period it will give credit for the net sums
received as a result of such re-letting and shall prepare and submit to
you an account of its claim and of any payment which may be due to you
or to the company within seven days of the end date.
7. HIRE PERIOD, COLLECTION
AND RETURN OF BOAT
7.1 The boat will normally be available at the time shown on your
booking confirmation and on the start date from Stretton under Fosse or
as otherwise shown in the booking confirmation, subject to the
provisions of condition 7.2
7.2 You must notify the company as soon as possible if your estimated
arrival time is delayed or disrupted as this may lead to difficulties
and delays in making the boat available to you. There will be no rebate
of the price for late arrival nor will the company accept responsibility
for any overnight costs which you may incur if you fail to reach the
boat during normal working hours.
7.3 Before you take over the boat the company will give you such
instructions, demonstrations and trials as are appropriate and you will
then be required to check and sign the hand over sheet.
7.4 In the event that the boat is not available on the start date due to
any circumstance for which the company is not responsible (for example
adverse weather or navigation conditions, damage, mechanical breakdown,
late return by previous hirer) the company may substitute a boat of
similar accommodation but if no such boat is available the company shall
immediately refund you with the deposit and any other payments you have
made.
7.5 The boat must be returned to Stretton under Fosse or as otherwise
shown on the booking confirmation or notified under condition 7.7 and
vacated by you by the time shown on your booking confirmation on the end
date and it is your responsibility to allow sufficient time to ensure
timely return.
7.6 If you return the boat late or to the wrong place because of poor
planning on your part or for another reason which is your responsibility
then you will be liable to pay £50 (fifty pounds) for every hour or part
hour of the delay in returning the boat or giving possession and the
cost of recovering the boat to the return point and any other expenses
and losses which the company may incur as a result of the delay
including the loss or cancellation of a subsequent booking.
7.7 The company reserves the right to change the places of handover and
return for operational reasons. In such event except in the case of
emergency the company shall be obliged to give you written notice of the
change in sufficient time to allow any necessary re-planning of your
itinerary and for you to organise any transport which is reasonably
necessary for you and your party as a result of such change.
8. INSURANCE AND SECURITY
DEPOSIT
8.1 The company insures the boat and its equipment against physical loss
and damage and against public liability risks. You are entitled to any
protection that may be afforded by the company’s insurance policy
(subject to your paying any applicable policy excess) but you and
members of your party may become legally liable to the company or to
third parties for loss or damage caused or contributed to by your acts,
omissions or negligence.
8.2 You will indemnify the Company from and against all costs and
expenses however arising from your negligence, neglect or default,
including but not limited to damage arising from speeding, cill damage,
rudder, stern gear, TV aerials, chimneys, malicious or intentional
damage, damage to other boats and their contents and to the waterway.
8.3 You are advised to make your own arrangements for personal accident
insurance, insurance of personal belongings and insurance against
cancellation by you of the hire agreement.
9. SAFETY AND OTHER RULES
9.1 You agree to comply with the following rules at all times during the
hire period:
9.1.1 To ensure that at all times while the boat is being navigated or
is transiting locks or other waterway’s structures the minimum age of
the operator onboard and in charge is 18 years.
9.1.2 Not to tow or be towed other than in exceptional circumstances.
9.1.3 When not under way, to moor the boat securely.
9.1.4. Not to navigate after sunset or before sunrise.
9.1.5 To observe all speed limits, and not to navigate at a speed which
creates a breaking wash or disturbs or inconveniences other waterway
users.
9.1.6 Not to race the boat.
9.1.7 Not to bring on to the boat any portable heaters, lighting
equipment, TV sets, electric tools or cooking appliances, inflammable
liquids or substances, gas cylinders, car batteries, fire arms,
electrical appliances, or any other items which might create dangers or
hazards.
9.1.8 Not without the company's prior written permission to bring on to
the boat barbeques, dinghies, canoes, bicycles, or vehicles.
9.1. 9 Not to use the boat for any commercial purpose.
9.1.10 To allow the boat to be occupied only by the persons named in the
booking confirmation.
9.1.11 Not to allow to be on the boat at any time more people than are
approved for the boat as specified by the number of berths.
9.1.12 To give way to laden or unladen cargo boats, sailing craft,
rowing boats, canoes and other human propelled craft.
9.1.13 Not to take the boat on to sea or tidal waters without the
consent of the company. To cruise only on canals and rivers approved by
the company.
9.1.14 Not to have or carry any live bait on the boat.
9.1.15 At all times to observe all bye-laws and navigational limits and
abide by the instructions and advice of the relevant navigational
authorities and the company and their respective officers and employees.
9.16 The company reserves the right at its reasonable discretion and
without liability to restrict cruising areas or routes in the light of
prevailing weather and navigation conditions.
10. ACCIDENTS
10.1 You are in charge of the boat and are responsible for its safe
navigation. In the event of any accident or damage involving you or any
other people or any property including but not limited to the boat,
other craft or the waterway you must:
10.1.1 Obtain and record the name of any other boats and the names and
addresses of any other people involved on the form provided by the
company (when available);
10.1.2 Notify the company as soon as practically possible with full
details of the accident and any damage sustained.
10.1.3 Complete the navigation authority’s waterway incident report
form.
10.1.4 Proceed in accordance with and follow the company's reasonable
instructions.
10.1.5 Not in any circumstances admit or allow any other person on the
boat to admit liability to any other person
11. LOOKING AFTER THE BOAT
11.1 You are responsible for and will keep the boat and its equipment
and contents in clean and tidy order during the hire period.
11.2 You must notify and provide full details to the company of any
breakdown, damage, theft or loss involving the boat as soon as
practically possible.
11.3 You must not undertake or commission any repairs, adjustment or
service to the boat without the company's prior approval.
11.4 Although the boat and its equipment are insured against many risks
by the company you remain responsible to the company for any damage or
loss arising from your breach of the Agreement, your deliberate acts or
from your negligence including misuse of lavatory facilities resulting
in an engineer being called out.
11.5 In the event of an engineer being called out as a result of
negligent misuse of lavatory facilities a fixed charge of £100 (one
hundred pounds) will be made by the company to you.
11.6 You shall be responsible for getting the boat off mud banks or
other grounding and for removal of weeds, rope or other matter from
propellers and steering gear and for keeping the company informed of any
incidents of this nature. In the event of an engineer being called out
for any of these reasons by you, a fixed charge of £100 (one hundred
pounds) may be made by the company to you.
12. HIRER’S PROPERTY
12.1 Vehicles may be left entirely at their owner’s risk in the
company's car park. The company will be under no liability for any loss
or damage to vehicles or their contents or for your property on the boat
or unless caused by the company's negligence.
12.2 The company may take such reasonable action as it shall consider
necessary to silence car alarms in the company's car park and to recover
the costs from you. This is inclusive of any requirements and
obligations under the Noise and Statutory Nuisance Act 1993.
12.3 The company will return property which it finds which has been
accidentally left on the boat provided that it is claimed promptly and
that you either arrange for its collection or agree to pre-pay for any
postage and packing. Property not claimed within two months from the end
date may be disposed of by the company.
13 FUEL
13.1. The boat is handed over ready fuelled and the price includes the
cost of fuel provided at handover.
13.2 The company may make a fuel surcharge if the cost of diesel at the
filling station nearest to Stretton under Fosse increases by 10% or more
between the date of the booking confirmation and the start date. The
surcharge shall be limited to the actual percentage increase in the cost
of diesel.
14. PETS
14.1 Pets are allowed on certain boats only with the company's
permission. You must give notice of any pets you wish to bring at the
time of making the booking.
14.2 The company's charges for pets are set out in the brochure.
14.3 You must provide any pet baskets, blankets, or cages.
14.4 All pets must be properly house trained or caged as appropriate,
must never be left unattended, and must not be allowed on bedding or
upholstery.
14.5 Pets and pet damage are not covered under the Company's insurance
policy and you will be liable for any damage or loss caused by them or
any additional cleaning (see clause 14.2).
15. INVENTORY
15.1 Any shortcomings in inventory discovered during the hire period
must be notified to the company as soon as practically possible so as to
afford the company the opportunity to rectify the matter. You will be
responsible for the cost of replacing or repairing any items on the
inventory which are missing or damaged at the end of the hire period.
16. EXCLUSION AND LIMITATION
OF LIABILITY
16.1 The company shall not be liable to pay any compensation, damages,
costs or expenses for any claim arising from any cause beyond the
company's reasonable control which could not have been mitigated or
avoided by the company including but not limited to:
loss of or damage to any person’s property (including the boat);
non-fulfilment, interruption or delay to the booking;
breakdowns, mechanical problems, latent defects, damage to the boat;
restrictions on cruising, obstructions, repairs, damage or closure of
waterways, non availability of routes, navigational works, storms,
floods, droughts, ice, shortage of water or other weather or climate
conditions;
rationing, shortage or non availability of fuel;
consequential loss, damage or expense which you incur including the cost
of alternative transport, accommodation or other holiday provision.
16.2 The company’s total liability to you and any person claiming
through you in respect of all claims which may arise under the Agreement
(other than in respect of claims for personal injury or death due to
negligence on the part of the company) shall be limited in aggregate to
twice the total price actually paid by you to the company in respect of
the Agreement in question.
17. BROCHURE
17.1 The specifications of boats, their accommodation, facilities and
equipment in the brochure are intended as a general guide and the
company shall not be liable in the event of any insubstantial
differences in the boats supplied and reserves the right to make
modifications. In particular alterations may occur during rebuilding or
refitting, boats within classes may differ, colours may vary, layout
plans are for guidance only and are not to scale and boats may have
steps which are not shown.
17.2 If your party includes any infirm or disabled persons you should
make relevant enquiries at the time of booking and ask for a copy of the
Company’s Access Policy.
18. LAW AND JURISDICTION
18.1 This Agreement shall be governed by the law of England and Wales.
18.2 Any dispute arising under this Agreement shall be submitted to the
exclusive jurisdiction of the Courts of England and Wales
19. DISPUTE RESOLUTION
19.1 The British Marine Federation and the Royal Yachting Association
recommend that disputes arising under this form of Agreement which
cannot be resolved by negotiation, should, with the written agreement of
the parties, be submitted to mediation or failing that to arbitration
under the British Marine Federation’s Dispute Resolution Scheme, which
is approved by the Royal Yachting Association.
19.2 Details of the mediation scheme operated by the British Marine
Federation are available at
www.britishmarine.co.uk/mediation .
Matters suitable for arbitration shall be submitted to a single
arbitrator in accordance with the British Marine Federation’s Dispute
Resolution Scheme.
19.3 The provisions of the Arbitration Act 1996 shall apply.
20. THIRD PARTIES
20.1 Only the named parties to the Agreement may enforce the terms of
the Agreement. The parties agree that the Contracts (Rights of Third
Parties) Act 1999 shall not apply to this Agreement. |
