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1.
Definitions
In these conditions and agreement: "the Company means Black
Prince Holidays Ltd. "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. "the 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 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.
3. 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 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.
4.
Cancellations 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 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.
5. Hire
Period, Collection and Return of Boat
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 £35 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.
6. Prices
and Payment
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 Credit Charge of £7.50 per transaction.
No charge is made for debit cards.
The booking deposit must be sent with the
booking application and unless otherwise stated is 25% 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.
Without prejudice to any other rights of the Company it
may charge interest (both before and after any judgement) at the rate of 3%
over the company's 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.
7.
Insurance
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.
8. 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 other
craft or allow the boat to be towed except under professional assistance in the
event of breakdown or emergency.
Not to cruise between sunset and sunrise.
The boat is only equipped for cruising during daylight hours.
To observe
all speed limits, not to race and 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 company's prior written permission any
dinghies, canoes, inflatables, portable heaters, bicycles, vehicles, lighting
equipment, t.v. sets, electrical appliances, (other than razors) inflammable
liquids or substances, gas cylinders, barbecues, car batteries, fire arms or
any other items 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 and under no circumstances more than 12
persons.
To give way to laden or unladen cargo boats, sailing craft, 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.
At all times to observe all byelaws, navigational limits or instructions
and advice of British Waterways and other navigational authorities and the
Company and their respective officers and employees.
The Company reserves
the right at its discretion without liability to restrict cruising areas or
routes in the light of prevailing conditions.
9.
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:-
1. Obtain and record the name
and registration number of the other boat and names and addresses of all
parties involved including the other boat owners and other hirers.
2.
Notify the Company by telephone immediately with full details of the accident
including damage incurred.
3. NOT IN ANY CIRCUMSTANCES ADMIT OR ALLOW OTHER
PERSONS ON THE BOAT TO ADMIT LIABILITY TO ANY OTHER PERSON.
4. Not to carry
out or have carried out repairs without the consent of the Company.
5.
Obtain and follow the company's instructions.
In the event of an accident
the Company may repossess the boat and the hiring contract shall then terminate
without liability on the Company.
In the event that the company's insurance
cover is prejudiced or invalidated by any failure on the part of the Hirer to
comply with the provisions of this condition the Hirer shall indemnify the
Company in respect of all liability claims, loss, damage or expenses incurred.
The Hirer is liable for and shall indemnify the Company against any claim
or charge made by any Navigation Authority for damage to waterway property or
loss of water.
10.
Maintenance, Repairs, Damage and Breakdown
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.
11. Hirer's
Property
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.
12. Fuel,
Gas, Water etc..
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.
13.
Pets Pets are allowed on the boat but must be put on the booking form.
Hirers must provide their own pet baskets or blankets. All pets must be
properly house trained or caged as appropriate, must not be left unattended,
and must not be allowed on bedding or chairs. Pets are not covered under the
company's insurance policy and the Hirer shall be liable for the cost of any
damage or extra cleaning required. A maximum of two pets are allowed per
boat.
14.
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 Company
before the boat leaves the boat yard. 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
Company at the end of the period of hire. Any shortcomings subsequently
discovered shall immediately be notified to the Company by telephone in order
to give the Company the opportunity to take any necessary remedial action. The
Company shall not be liable in respect of any matter which is not so notified
immediately and in any event shall not be liable in respect of any matter which
is notified after the end of the hire period, as the boat may then have been
taken over by another hirer and may not be available for inspection.
15.
Exemption
The Company shall not be liable for any matters arising from
any cause beyond the company's reasonable control or not due to the company's
negligence or wilful default including (without limitation) death or personal
injury of Hirers their crew and passengers, loss or damage to property,
non-fulfilment or interruption of the booking or delays, breakdowns, 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 or other weather conditions, rationing,
shortage or non availability of fuel or in respect of any consequential loss,
damage. expense, injury, or claim.
Hirers are recommended to take out
personal holiday insurance cover.
16.
Brochure
The specification of boats, their accommodation, facilities
and equipment in the brochure is intended as a general guide but the Company
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 booking.
The Company reserve the right to change boat
specifications without prior notice.
17.
Disputes
Any dispute difference or question which may at any time arise
out of the booking contract may be referred at the company's sole discretion to
a single arbitrator to be agreed between the parties or failing agreement to be
nominated upon application of either party by the President of the Birmingham
Law Society. The decision of such arbitrator (acting as an expert and not as an
arbitrator) including any direction as to payment of fees and costs in the
arbitration shall be binding on both parties.
18.
Jurisdiction
The contract between the Company 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 Company at its option may bring any legal proceedings against
the Hirer from courts in any other country.
19. Waiver
No indulgence, forbearance or delay by the Company 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 waiver in respect of any other subsequent breach.
Black Prince Holidays Ltd., Stoke Wharf, Hanbury Road, Stoke Prior,
Bromsgrove, Worcs. B60 4LA
Registered Office, Latchmore Bank, Little
Hallingbury, Bishop's Stortford, Herts CM22 7PJ
Registered in England No
2096218 VAT Reg. No. 432 2989 41 |