Print This Page

TERMS AND CONDITIONS OF HIRE

1 DEFINITIONS
I
n these conditions and agreement; the Owners’ means Mr I and Mrs Y Salt; the Hirer means the person or persons named on the booking confirmation.  Where there is more than one Hirer they shall be individually responsible and liable under this agreement. The conditions means the conditions set out in this form.  The price means the price for the booking set out in the booking confirmation.  The start date means the date when the booking starts as set out in the booking confirmation.  The end date means the date when the booking ends as set out in the booking confirmation.  Period of hire means the period between the start date and the end date.  

2 BOOKING AGREEMENT
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 Owners give a written booking confirmation for boat hire.  Telephone bookings do not create legal agreements and any offer by the Owners to hold a reservations is not legally binding except when the booking deposit is authorised by the Hirer by cheque or credit / debit card when acceptance by the Owners 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 to them.  The entire contract between the Owners and the Hirer is contained in these conditions and the booking form.  These conditions can only be varied with the written permission signed by an Owner.  The Hirer acknowledges that no statement or representation which may have been made by or on behalf of the Owners induce 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 Owners and any remedy of the Hirer in respect of any such statement or representation is excluded save in so fat as liability in respect of any particular statement of representation may not be excluded by law.  In accepting a booking, the Owner’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 time.

3 THE HIRE PERIOD, COLLECTION AND RETURN OF THE BOAT
The hire period is shown in the booking confirmation.  The Owners will endeavour to have the boat ready for the Hirer by 4.30pm on the start date.  The Hirer must notify the Owners of any likely delay in arrival as soon as possible by fax or telephone.  Arrival should be before 5.00pm at the latest.  Before the Hirer departs with the boat the Owners will give the Hirer instructions, demonstrations and trials as necessary and require the Hirer to check and sign for the contents boat inventory and Boat Acceptance.  In the event that the boat is not available due to circumstances beyond the Owners control the Owners will refund any payment made but shall not otherwise be liable and the contract shall be discharged.  The boat shall be returned to the Owners hire base in a clean and tidy condition and vacated by 11.00am on the end date.  Hirer’s are responsible for ensuring that their cruising schedule allows time for the unforeseen contingencies so as to permit their return and vacation of the boat by the schedule time. Breach of this condition will incur an additional charge of £35.00 per hour or part thereof.  In addition, the Hirer will be liable for any extra costs and/or damages incurred by the Owners as a result of the boat not being available on the time for the next Hirer.  Where the Owners have to recover a boat and return it to the hire base, the Hirer shall be liable for all the costs incurred.  Where operational circumstances make it necessary the Owners reserve 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 Owners will where necessary provide transport to the original base.

4 GROUP BOOKINGS, AGE LIMITS AND UNSUITABLE HIRERS
The Hirer must be aged 21 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 supervision of a competent adult.  The Hirer must provide on the booking form full details of all persons in their party.  The Owners may at their discretion cancel any bookings 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 Owners is able to re-let.  If the Owners are able to re-let the boat the Hirer will remain liable for 15% of the price to cover the administration expenses.  The Owner may at their discretion cancel the booking and refuse to hand over the boat to any person or group who on their opinion is not suitable to take charge on the grounds of inexperience, 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 Owners will refund all monies paid for the boat hire and the contract shall be discharged without further liability on hire to either party.  The Owners may repossess the boat at any time if in the opinion of the Owners the Hirer is not behaving responsibility 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.  Each booking must be for a minimum of two people.

5 PRICES AND PAYMENT
Prices are in British Pounds Sterling (GBP).  The booking confirmation and booking statement are not V.A.T. invoices.The Hirer shall reimburse the Owners on demand for any expenses incurred in the conversion of foreign currencies, bank charges, special clearance, representing cheques, processing payments or otherwise in obtaining cleared sterling funds of the amount due on the due date. Payment is not made until the Owners have received cleared funds.  The booking deposit must be sent with the completed booking form and unless otherwise stated 25% of the full cost of the hire period.  The hire fee is due not less than 6 weeks before the hire start date.  For bookings made within the 7 weeks prior to the hire start date payment is required in full and must accompany a completed booking form.  Without prejudice to any other rights of the Owners it may charge interest (both before and after any judgement) at the rate of 3% over the Owners' bankers base lending rate on any monies due from the due payment date until the date of payment and interest shall accrue from day to day. Payments can be made by credit card, debit card or by cheque.

6 CANCELLATION AND CHANGES
The agreement including the payment terms is a legally binding contract and may not be cancelled or amended except as provided in the Terms and Conditions of Hire.  Should the Hirer wish to cancel or amend the booking they must advise the Owners immediately by telephone and at the same time send written confirmation by Recorded Delivery post.  The Owners reserves the right to levy any administration charge of £35.00 for any alterations 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 Owners 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 Owners being unable to rebook the boat the Hirer will remain responsible for the full hire price unless covered by a cancellation protection scheme.

7 SAFETY AND OTHER RULES
The Hirer agrees to comply with the following rules at all times for the health and safety of the persons on the boat and other persons and for safeguarding the boat and other property.

·         Not to tow another craft or allow the boat to be towed except under professional assistance in the event of breakdowns or emergency.
·         Not to cruise between sunset and sunrise - this is an obligatory rule
·         To observe all speed limits
·         Not to race
·         Not to cruise at a speed which creates a breaking wash or disturbs or inconveniences other waterway users.
·         Not to take or have on the boat without the Owners prior written permission any dinghies canoes, inflatables, portable heaters, bicycles, vehicles, lighting equipment, televisions, electrical appliances (exception: razors), inflammable liquids or substances, gas cylinders, barbecues, car batteries, firearms or any other item(s) which might create dangers or hazards. 
·         Not to use the boat for business purposes
·         Not to allow on the boat at any time more persons than the maximum number of berths
·         To give way to laden or unladen cargo boats, sailing crafts, rowing boats and other human propelled craft.
·         Not to take the boat to sea or on tidal waters.
·         Not to have or carry any live fishing bait on the boat  

Under no circumstances should the Hirer or any member of the crew walk, run or stand on the roof of the narrowboat.  At all times observe the by-laws, navigational limits or instructions and advice of British Waterways and other navigational authorities and the Owners and their respective officers and employees.  The Owners reserve the right at its discretion without liability to restrict cruising areas or routes in the light of prevailing conditions.

8 ACCIDENTS
The Hirer is in charge of the boat and is responsible for its safe navigation and return.  In the event of any accident or damage to the boat, other craft or the waterway the Hirer must obtain and record the name and registration number of the other boat involved and the names and addresses of all parties involved including the other boat Owners and other Hirers.  Notify the Owners by telephone immediately with full details for the accident including damage incurred.  Under no circumstances admit or allow other persons on the boat to admit liability to any other person. Not to carry out or have carried out repairs without consent from the Owners.  Obtain and follow the Owners instructions.  In the event of an accident the Owners may repossess the boat and the hiring contract will be then terminated without liability to the Owners.  In the event that the Owners insurance cover is prejudiced or invalidated by any failure on the part of the Hirer to comply with the provision of this condition the Hirer shall indemnify the Owners in respect of all liability claims, loss, damage or expenses incurred.  The Hirer is liable for and shall indemnify the Owners against any claim or charge made by any Navigation Authority for damage to the waterway, waterway property or loss of water.

9 INSURANCE
The Owners insure the boat and its equipment and inventory against public liability risks.  The Owner’s insurance does not cover personal accidents or loss or damage to personal effects.  Hirer’s and their crew are advised to take out their own personal insurance cover.  The Hirer must pay a Refundable Security Deposit of £150 per booking, payable with your balance of hire 6 weeks before the start of your holiday and refunded to you when the boat is returned on time, in a reasonably clean condition, without serious damage or loss of equipment and without any third party claims against you (expenses incurred by the Owner if toilets become blocked during your hire are payable by the Hirer). Refunds should be received by cheque within 7 days of your return.

10 HIRER'S PROPERTY
Vehicles may be left at the hire base car park at the Hirers risk.  The Owners will be under no liability of any loss of or damage to vehicle(s) or contents of the Hirer's or other people's property on the boat or elsewhere or howsoever caused except by the Owners' negligence or that of those for who the Owners is responsible.  Hirers are particularly advised not to leave any valuable or portable items in the car.  The Owners shall take such action as may be necessary to silence car alarms in the hire base car park and to recover the costs from the Hirer.  The Owners may return Hirer’s property left behind if claimed and following receipt of payment for postage and packing (minimum charge (£10.00).  Property not claimed within two months from the end date will be disposed by the Owners.

11. FUEL, GAS, WATER ETC.
The boat is handed over ready fuelled and the price includes the cost of the fuel consumed.  If refuelling becomes necessary, it may only take place at the premises of suppliers designated by the Owners.  The Owners will only reimburse the cost to the Hirer for fuel purchases that are authorised by the Owners, and in the event of gas replenishment, on a like for like exchange and on the presentation of a V.A.T. receipt.  The Owners may make a fuel surcharge if there is any material increase of diesel or gas price or duty.  Whilst water supply and mooring on the canals are normally free of charge costs incurred are the responsibility of the Hirer.  Where pump-outs are required on toilet tanks, the cost is the responsibility of the Hirer unless carried out at the Owners hire base.

12 PETS AND SMOKING
Pets are NOT allowed on this boat, it is kept pet-free for those people with pet-allergies and for extra cleanliness.
Smoking is definitely NOT allowed inside the boat for health and safety reasons.

13 MAINTENANCE, REPAIRS, DAMAGE AND BREAKDOWN
The Hirer shall take reasonable care of the boat, the boat's equipment and contents and shall return them at the end of the hire period in accordance with the Owners instructions and in a good clean and tidy condition.  The Hirer shall notify the Owners in the event of a breakdown, damage, theft or loss and shall provide full details and comply with the Owners instructions.  The Hirer must not undertake or have undertaken any repairs, adjustments or service without the Owner’s prior approval.  Any repairs or replacements by the Hirer without the Owners approval will not be accepted.  The Hirer shall be responsible for removing the boat off mud banks or other grounding and the removal of weeds, rope and other matter from propellers.  The Hirer shall notify the Owners if any of these operation can not be carried out without risk of accident or damage.  The Hirer shall have no claim on the Owners as a result of breakdown or failures of the boat and its equipment and delays caused by repairs to the boat.  The Hirer shall comply with the Owners instructions, otherwise the Hirer shall be liable for any loss or damage incurred.

14 BROCHURE
The specification of the boat, its accommodation, facilities and equipment in the brochure are intended as a general guide but the Owners shall not be liable in the event of any differences in the boat supplied and reserves the right to make modifications.  Layout plans are for guidance only and are not to scale and may have steps, which are not shown.  If the Hirer’s party includes any infirm persons the Hirer should make relevant enquiries at the time of the booking.  The Company reserve the right to change the boat specifications without prior notice

15 COMPLAINTS
The Hirer shall check the boat its contents and equipment fully immediately after taking possession of the boat.  In the unlikely event of any alleged deficiencies or shortcomings the Hirer must notify the Owners before the boat leaves the hire base.  The Hirer shall sign the Boat Acceptance Form before departure and thereafter the Hirer is completely responsible for the boat, its equipment and its operation until it is handed back to the Owners at the end of the hire period.  Any shortcoming subsequently discovered shall immediately be notified to the Owners by telephone in order to give to the Owners the opportunity to take any necessary remedial action.  The Owners shall not be liable in respect of any matters which is not so notified immediately and in any event shall not be liable in respect of any matters which is notified after the end of the hire period, as the boat may then have been taken over by another Hirer and may be available for inspection.

16 EXEMPTION
The Owners shall not be liable for any matters arising from any cause beyond the Owners reasonable control or not due to the Owners negligence or wilful default including (without limitations) death or personal injury of Hirers, their crew and passengers, loss or damage to property, non-fulfilment or interruption of the booking or delays, breakdown, mechanical problems, defects, damage restrictions or obstructions, repairs or damage to waterways non availability of routes, navigational works storms, floods, droughts, ice, shortage of water, other water conditions rationing, shortage or non availability of fuel or in respect of any consequential loss, damage, expense injury or claim.  Hirer’s are recommended to take out personal holiday insurance cover.

17  WAIVER
No indulgence, forbearance or delay by the Owners shall constitute any bar to its enforcement of its rights at any time and no waiver in respect of any breach shall operate as a waive in respect of any other subsequent branch.

18  JURISDICTION
The contract between the Owners and the Hirer shall be deemed to have been made in England and shall be governed in all respects by English Law.  The Hirer shall submit to the jurisdiction of the English courts provided that the Owners at its option may bring any legal proceedings against the Hirer from courts in another country.