CONDITIONS OF HIRE. PLEASE READ CAREFULLY.
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 age, inexperience, suspected influence of alcohol
or drugs or any reason that may adversely affect the safety of any person, or
commercial interests of the Company. In this event (and provided that the
Hirer is not in breach of other parts of the agreement) the Company will
refund any monies paid 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
the start date. 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 the end date. 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
6. Prices and Payment
Prices are inclusive of VAT and are subject to any change in the VAT rate
prior to the settlement of the price in full. The booking confirmation and
booking statement are not VAT 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.
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 does not
include 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, TV 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. The cost of the fuel is to the hirer's
account, and will be charged upon return of the boat to the yard at the end
of the holiday. As a result of an EU ruling the tax will be similar to normal road
diesel, and the price charged is likely to be 10p to 15p per litre above average
supermarket prices. The boats will typically use between 1.2 litres and 1.7
litres per hour depending on driving style. In addition the central heating
systems are oil fired, which will use diesel during colder periods.
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. There is a charge of £25.00 per pet.
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, nonfulfilment
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.
20. Third Parties
No person who is not a party to this Agreement may enforce any term of
this Agreement. The parties agree that the Contracts (Rights of third Parties)
Act 1999 shall not apply to this Agreement or to any agreement or document
entered into pursuant to this Agreement.
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