1. Definitions
In these conditions and agreement:
‘the Company’ means ABC Leisure Group Limited and Subsidiaries
who act as agents for Boat Owners.
‘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 Boat Owner’ means the person (corporate or otherwise) who
owns the boat that is hired to the Hirer under the terms of these
Conditions. ‘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
The parties acknowledge and agree that the Company is acting as the
agent of the Boat Owner and is authorised to enter into contracts
with Hirers on behalf of Boat Owners and to collect payment from
Hirers and to otherwise manage the hiring of boats to Hirers.
A booking is a legally binding contract between the Hirer and the
Boat Owner. 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 entire contract between the Boat Owner and the Hirer is
contained in these Conditions and the booking form and to the extent
permitted by law 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 Boat Owner.
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 or the Boat Owner
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 or the Boat Owner 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 and the Boat 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 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 Hirer must provide on the
booking form full details of all persons in their party.
The Company or the Boat Owner may at their 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 or the Boat Owner may at their 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 or the Boat Owner may repossess the boat at any time
if in the opinion of the Company or the Boat Owner 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 £40
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
minus CPP and 15% of the hire charge as an admin fee. 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 by 3pm 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 or Boat Owner’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. Substitution of a boat of
similar accommodation will create a new contract between the Hirer
and the Boat Owner of the new boat subject to all the terms set out
in these Conditions and the booking form.
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 a minimum additional charge of £50 per hour or part
thereof. In addition, the Hirer will be liable for any extra costs and/or
damages incurred by the Company and or the Boat Owner 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.
6. Prices and Payment
Prices are inclusive of any V.A.T. which may be chargeable 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.
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 hirer shall pay a compulsory accidental damage waiver of £45.00 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 and the Boat Owner 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.
To comply with any mooring restrictions and charges, and to be
responsible of any fines levied for not doing so.
The Company and the Boat Owner reserve the right at their
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:-
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.
Notify the Company by telephone immediately with full details of the
accident including damage incurred.
NOT IN ANY 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 the consent of
the Company or the Boat Owner.
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 or the Boat
Owner.
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
and the Boat Owner in respect of all liability claims, loss, damage or
expenses incurred.
The Hirer is liable for and shall indemnify the Company and the Boat
Owner 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 or the Boat Owner 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 fueled but the price of hire does not include fuel consumed. A fuel deposit is payable 8 weeks before the start of your holiday. At the end of your holiday period the boat must be refueled and any difference to the deposit paid will be refunded or charged. 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, and must be paid for. 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.
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
and the Boat Owner 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 [and/or] the Boat Owner shall not be liable for any
matters arising from any cause beyond the Company’s [and/or] the
Boat Owner’s reasonable control or not due to the Company’s
[and/or] the Boat Owner’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 [and/or] the Boat Owner 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 and/or the Boat Owner 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 Boat Owner 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 and the Boat Owner at their
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 or the Boat
Owner 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.
ABC Leisure Group Limited
Booking Office: PO Box 232,Worcester WR1 2SD
Registered Office: Scarfield Wharf, Alvechurch,Worcestershire B48 7SQ
Registered in England No 2860394
VAT Registration No 641002792
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