Terms and Conditions of Hire

When booking a holiday on Pendragon the Hirer is agreeing to the following terms and conditions with Camelot Canal Boats Limited:
Camelot Canal Boats Limited is a company registered in England and Wales under company registration number 10291438, and whose registered office is situated at 51 Wealden Way, Haywards Heath, West Sussex, RH16 4DD ("the Company").

DEFINITIONS
In these terms and conditions the following terms apply;-
"The Conditions" means the conditions set out in this form.
The “Company" means Camelot Canal Boats Limited.
The “Hirer" means the person, or persons, named in the booking confirmation.
The “Crew” means the person, or persons, accompanying The Hirer on-board the boat.
The “Price" means the price for the booking as detailed 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 “Hire Duration” and “the Holiday” refer to the time between the start and end dates.
The “Hire Fee” is the total amount the Hirer must pay the Company to hire a boat for the duration of the booking.
The “Balance” is the difference between the Deposit and the Hire Fee together with any optional extras purchased.
“The Boat” refers to Pendragon (CRT reference 523669)
“CRT” means The Canal and River Trust.
These Terms and Conditions of Hire are effective from 1st January, 2019.

1. BOOKING
A booking may be made with Waterways Holidays Ltd and will be confirmed upon recipt of the deposit
1.1 A booking is a legal agreement. Submission of a completed booking form is acceptance by the Hirer of the Company’s offer to hire Pendragon subject to the booking agreement and is made only if and when the Company confirms the booking by a written booking confirmation and the 25% deposit has been received by the Company.
1.2 Bookings will only be accepted from persons over 21 years of age. A copy of photo ID (Passport, driving licence or National ID card) must be submitted to the Company before any booking can be confirmed. The names of all persons making up the crew must be included in the booking form.
1.3 The persons entering into this agreement must be fit and able to take charge of the boat and must undertake to act responsibly and in accordance with these terms and conditions.
1.4 There must be at least one person over 21 and one person over 18 included in any booking.
1.5 The maximum number of persons included in any booking is six and the maximum number of persons on board the boat is eight.
1.6 We do not accept bookings from single-handed boaters, regardless of experience.
1.7 The Company does not accept bookings from hen and stag parties. Same sex groups of 3 or more people should contact us first before making a booking.
1.8 One large, or two small, dogs may be included in the booking for the appropriate fee. The size of the dog(s) shall be at the Company’s discretion (generally to a maximum weight of 20kg).
1.9 Where there is more than one Hirer, they shall be jointly and severally liable under the agreement.
1.10 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, ill health, disability, inexperience, suspected influence of alcohol or drugs, or any other reason. In this event the Company will refund any monies paid, less the initial 25% deposit, and the contract shall be discharged without further liability on either party.
1.11 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, is unable or unwilling to complete the handover process at the start of hire duration, or if the boat, or any persons, or any third party, are at risk. In this event the Hirer shall remain liable for the full hire price and no refund shall be due.
1.12 The maximum continuous hire period is 28 days.

2. PRICES
2.1 The Hire Fee
The hire fee shall be in accordance with the prices published on the website for the hire of Pendragon at the start date and for the duration.
The Hire Fee is inclusive of one full tank of diesel, bed linen, towels, plus tuition on boat handling and safe navigation at the start of the holiday. It excludes any optional extras chosen at the time of booking.
The total price payable is the sum of the Hire Fee combined with any optional extras chosen at the time of booking.
2.2 The Deposit
A non-refundable payment of 25% of the Hire Fee is payable at the time of booking (the "Deposit"). The Deposit shall be treated as part payment towards the total price payable.
2.3 The Balance
The balance of the Hire Fee, together with the full cost of any optional extras, must be paid at least six weeks before the date on which the holiday is due to start. If the holiday begins less than six weeks from the date that the booking is made, the Hire Fee and cost of any optional extras is payable in full at the time of booking.
2.3 Promotional Discounts
The Company, or its agents, may from time-to-time offer promotional discounts to the standard prices advertised on our website. Any such offer shall be made at the sole discretion of the Company and may be withdrawn at any time.

3 SECURITY DEPOSIT AND DAMAGE WAIVER
The boat, Pendragon, is insured by the Company, however the Hirer is primarily responsible for any damage to, or loss of its equipment, or damage to any third party property. The details concerning the Damage Waiver Fee and Security Deposit are shown below and form part of the contract with the Company.

3.1 Damage Waiver Fee
3.1.1 The Hirer may pay a Non-Refundable Damage Waiver fee of £75.
This payment frees the Hirer from liability for accidental damage to the boat or its fittings or loss of equipment.
3.1.2 The following exclusions apply and the Company reserves the right to claim the full cost of repairs, replacement and/or compensation from the Hirer should any of these events be reported or witnessed;

(a) Speeding.
(b) Malicious, negligent or intentional damage to the boat, its inventory, the waterway, other boats or structures.
(c) Blockages to the toilet caused by misuse.
(d) Late return of the boat.
(e) Return of the boat in an unclean condition.
(f) Damage to the diesel engine through misuse or using the incorrect fuel.

3.1.3 In the event of an insurance claim for damage to the boat, or any third party, the Damage Waiver Fee will be used as part of the insurance policy excess, and the Hirer and Crew shall remain liable for any remaining excess.
3.1.4 Notwithstanding the above, if The Hirer, or any member of the crew, either fail to comply with these conditions, or should damage or loss to the craft or equipment be caused as a result of wilful damage, gross negligence, by the Hirer or Crew, or whilst either are under the influence of alcohol or drugs, he or she will be liable for the full amount of repair or replacement and any resulting costs incurred by the Company.

3.2 Security Deposit
3.2.1 Instead of paying the Damage Waiver Fee, the Hirer may pay a refundable Security Deposit of £250.00 at the time of booking, or on the Start Date before the boat is handed over.
This payment will be held by the company to cover the cost of any loss of equipment or fittings from the boat. Any equipment listed on the inventory not returned with the boat, or any damage to any fixture or fitting, will be deducted from the deposit.
3.2.2 In the event of an insurance claim for damage to the boat, or any third party, the Security Deposit will be used as part of the insurance policy excess, and the Hirer and Crew shall remain liable for any remaining excess.
3.2.3 Notwithstanding the above, if The Hirer, or any member of the crew, either fail to comply with these conditions, or should damage or loss to the craft or equipment be caused as a result of wilful damage, gross negligence, by the Hirer or Crew, or whilst either are under the influence of alcohol or drugs, he or she will be liable for the full amount of repair or replacement and any resulting costs incurred by the Company.
3.2.4 The Security Deposit will be returned to the Hirer, subject to the boat being returned in accordance with the above, within 48 hours from the End Date.
NOTE: The Hirer must agree to pay either the Damage Waiver Fee or the Security Deposit before the boat is handed over.

4. METHOD OF PAYMENT
4.1 Cheque: Cheques are no longer accepted as a method of payment.
4.2 PayPal: Please go to the PaPal/Stripe tab on our website.
4.3 Bank Transfer: Account details are available on request.
Any charges for handling bank transfers or any other form of payment will be passed on to The Hirer. The Hirer will be liable to reimburse the Company in full within seven days of such charge being made.

5. CONFIRMATION OF BOOKING
5.1 The Confirmation of Booking is a contract between the Hirer and the Company, which confirms the details of the Hirer's chosen holiday (dates, optional extras, costs and fees, payment schedule).
5.2 Once a Confirmation of Booking has been issued to the Hirer by the Company, the Hirer is responsible for making payment in accordance with these terms and conditions.
5.3 If the Hirer wishes to change the dates of the booking, the Company shall use reasonable endeavours to facilitate this (subject to availability). An administration fee of £25 may be charged at the sole discretion of the Company.

6. CANCELLATIONS
6.1 If the Hirer cancels the booking giving the Company at least six weeks notice in writing, the Hirer will forfeit the Deposit only.
6.2 In the event of cancellation less than six weeks before the date on which the holiday is due to start, the Company shall use reasonable endeavours to re-let the boat for that period:
(a) If the Company is unable to re-let the boat for that period, the Hirer will continue to be liable for paying the Hire Fee less any deposit already paid.
(b) If the Company is able to re-let the boat for that period, the Hirer will forfeit the Deposit only.

6.3 Where a booking is cancelled, an administration fee of £25 may be charged at the sole discretion of the Company.
6.4 Failure to pay the total price payable as shown on the Confirmation of Booking at least six weeks before the date on which the holiday is due to start shall be treated as a cancellation and will be subject to the above.

7. ARRIVALS AND DEPARTURES
7.1 All full week holidays start and finish on a Saturday from High Line Yachting’s Iver premises, The Boatyard, Mansion Lane, Iver, Bucks, SL0 9RG.
7.2 All mid-week holidays start on a Monday and finish on the following Friday from High Line Yachting’s Iver boatyard.
7.3 Boarding time is at 3:00pm on the day of arrival. The Hirer must advise the Company if the Hirer’s arrival will be delayed by more than 2 hours.
7.4 On arrival, The Hirer and Crew will be required to go through the Handover and familiarisation process. This includes instruction on the various equipment and systems on-board (heating, water, ropes, engine etc.) and how to handle the boat. The Hirer will also receive health and safety instruction and how to manage the locks, bridges etc. This is a requirement of CRT and our insurance and the boat will not be handed over unless both the Hirer and crew sign to confirm they have received the relevant instruction.
7.5 The boat must be returned to the boatyard in a clean and tidy condition by 10:00am on the End Date, the last day of the holiday. Please allow one hour cruising to the boatyard on the Slough Arm from the junction of the Grand Union Canal.

8. INSURANCE
8.1 The boat is fully insured against public liability and third party risks, however this does not cover the Hirer or the Crew for personal injury or their belongings.
8.2 In the event the insurance is compromised by failure of the Hirer and/or Crew to comply with these terms and conditions, CRT regulations, bylaws or through irresponsible behaviour, The Hirer shall indemnify the Company for all losses incurred.
8.3 The Hirer and Crew are strongly advised to take out personal insurance to cover personal injury, loss of belongings or the cancellation of the holiday.

9. THE HIRER AND CREW'S OBLIGATIONS
The Hirer and all other members of the Crew agree to the following conditions of hire:
9.1 To read and comply with the Canal and River Trust Boater’s Handbook (copy available on board).
9.2 To observe and abide by all CRT bylaws, regulations and notices. The Hirer shall be responsible for any fines or charges for any breaches thereof.
9.3 Not to exceed the speed limit of 4mph, or travel at speed that creates a wash that breaks on the bank.
9.4 To slow right down past moored boats.
9.5 Not to cruise between sunset and sunrise.
9.6 Not to navigate on tidal waterways or rivers.
9.7 Not to operate the boat after consuming excessive amounts of alcohol. It is an offence to be drunk in charge of any boat on the waterways.
9.8 To act responsibly and safely at all times, and to always follow the guidance and advice provided by the Company at handover on boat handling and safe navigation.
9.9 To be respectful and considerate to other boat users, and members of the public using or living by the waterways.
9.10 Not to smoke inside the boat.
9.11 Not to bring pets on board the boat without prior permission.
9.12 Not to bring flammable or otherwise hazardous substances on board the boat.
9.13 Not to bring live fishing bait on board the boat.
9.14 Not to part with possession of the boat, or share it, except with members of the Crew registered on the booking form.
9.15 Not to allow or invite any persons onto the boat except those listed as Crew.
9.16 Not to exceed the maximum number of people the boat is designed to sleep i.e. six people.
9.17 Not to sell or transfer the booking, or carry out any business activity on the boat, or on the tow-path while moored alongside.
9.18 Not to use the Hirer’s own electrical appliances or equipment, which have not been approved for use on the boat by the Company. The use of chargers for mobile phones, portable audio devices or laptop computers is permitted.
9.19 To ensure that the boat is always locked and secured whenever it is left unattended.
9.20 To take good care of the boat and leave it in a clean and tidy condition at departure to the reasonable satisfaction of the Company.
9.21 To ensure that all kitchen equipment (including, but not limited to, crockery, cutlery and utensils) are washed and put away in the cupboards provided.
9.22 To permit representatives of the Company reasonable access to the boat at any time during the holiday.
9.23 To return the boat to the point of departure by 10:00am on the last day of the holiday.
9.24 To ensure that all items listed on the boat’s inventory are present when the holiday commences, and returned to their rightful place in good, clean, working condition when returning the boat. Any discrepancies or breakages must be reported to the Company at the end of the holiday to avoid the Hirer being charged.
9.25 To notify the Company immediately in the event of any accident, breakdown or damage sustained to the boat in any way whatsoever.
9.26 Not to attempt any maintenance or repair work on the boat, or allow any person to carry out any repairs on the boat without the Company’s’ approval.
9.27 Not to cover the smoke detectors, or carbon monoxide detectors, or discharge the fire extinguishers except in the event of a fire.
9.28 Not to allow the boat to be towed or to tow any other craft.
9.29 Not to remove or obscure the licence and/or licence plates from the window. These must be displayed at all times.
9.30 If the Hirer fails to comply fully with any of these obligations, the Company will treat this as a Breach of Contract (see clause 14).
9.31 Where any of these obligations are breached resulting in additional costs being incurred by the Company, these costs will be passed on to the Hirer and the Hirer will be liable to reimburse the Company in full within seven days of receiving such notification.

10. ACCIDENTS
10.1 In the event of any accident involving the Hirer, a member of the crew, or the boat, the Hirer must contact the Company immediately with the information below:

(a) Details of any other boats involved (including boat names and index numbers where known).
(b) Names and addresses of all persons involved, and of any witnesses.
(c) Full details of the accident including the location, date and time, actions taken and damage caused.
(d) Where possible, provide photographic evidence of any damage to the boats or property, and of the surrounding area.

10.2 If the Hirer and Crew are witnesses to any other accident not involving our boat, the Hirer should advise the Company as soon as possible.
10.3 The Hirer must not admit liability under any circumstances.

11. FIRE
11.1 No gas fires, Calor-Gas (or similar) appliances, bar-b-ques, oil lamps, candles, incense burners or any other heat source or naked flames are to be used on the boat.
11.2 In the event of a fire on board the boat please contact the Fire Brigade and obtain an incident report number.

12. BREAKDOWN AND REPAIRS
12.1 In the unlikely event of a breakdown, the Hirer must contact the Company immediately whereupon appropriate action will be taken (see clause 15.3).
12.2 All repairs are the responsibility of the Company and should not be put into the hands of others without our authority.
12.3 The Hirer must not tow or be towed by any other boat without the Company’s permission.
12.4 Blockages or damage to the toilet caused by misuse (eg flushing wipes, cigarette ends, condoms, sanitary towels, or incorrect grade toilet paper) are not covered by the Damage Waiver or Security Deposit, and will be the subject of a £125.00 callout fee that will be charged to the Hirer.

13. LIABILITIES
13.1 Subject to clause 13.3, the Company cannot accept liability for matters arising beyond the Company’s reasonable control, or not due to the Company’s negligence or wilful default including without limitation:

(a) death or personal injury of Hirers, their crew or passengers; or
(b) loss or damage to the Hirer’s property (including, but not limited to, baggage, bicycles, motor vehicles etc.); or
(c) non-fulfilment or interruption of the booking; or
(d) delays, breakdowns, mechanical problems; or
(e) restrictions on cruising, repairs to waterways, non-availability of routes; or
(f) acts of God (including, but not limited to storms, floods, shortages of water, ice, and other weather conditions); or
(g) non-availability of fuel; or
(h) in respect of any accident, loss, damage, costs, injury, expense or any other inconvenience or claim for compensation whatsoever.

13.2 The Company accepts no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
13.3 Nothing in these conditions excludes or limits the liability of the Company:
(a) for death or personal injury caused by the Company’s negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the Company to exclude or attempt to exclude their liability; or
(d) for fraud or fraudulent misrepresentation.

13.4 In any case in which the Company are proven to have been negligent, except for personal injury or death, then the extent of any such liability shall be limited to the cost of the hire fee less any damage waiver or cancellation charges.

14. BREACH OF CONTRACT
If there shall be a material breach of any of these conditions by the Hirer, or Crew, then the Company reserve the right to repossess the boat at any time. In the event of this happening, the Hirer will remain liable for the full cost of the holiday and no refund of any sums the Hirer and Crew have paid the Company will be returnable.

15. COMPANY REGULATIONS
15.1 The Company reserves the right to refuse to hand over a boat to any person who, in its opinion, is not suitable to take charge of the boat. The Hirer will have no further claim against the Company.
15.2 If the boat shall for some reason become unavailable before the date on which the Hirer’s holiday is due to start, the Company will notify the Hirer as soon as practically possible, and will reimburse all sums the Hirer has paid to the Company within seven days. The Hirer will have no further claim against the Company.
15.3 If the boat is damaged or suffers a breakdown during the holiday that cannot be rectified within 24 hours of being reported to the Company, the holiday will end. The Company will refund the Hirer on a pro-rata basis for each full remaining day of the holiday from the point that the Hirer notified the Company. The Hirer will have no further claim against the Company.
15.4 The Company may amend these Terms of Conditions of Hire at any time. Any changes will be communicated to the Hirer if they will become effective before or during the holiday.

16. LEISURE ACTIVITIES
16.1 Fishing is permitted from the foredeck (bow) of the boat, within season, subject to the Hirer holding a valid rod license from CRT or the Environment Agency.
16.2 The use or storage of live fishing bait on board the boat is strictly prohibited.
16.3 Bicycles, canoes, kayaks, or any other item, must not be stored on the roof at any time.

17. PARKING
17.1 Parking is available at High Line Yachting’s Iver premises, subject to their terms and conditions, at the Hirer’s own risk. The Company, or High Line Yachting, cannot accept responsibility for any loss or damage caused to the Hirer’s vehicles.
17.2 The Company, or High Line Yachting, may take such reasonable steps as necessary to silence any persistent car alarms.

18. COMPLAINTS
If the Hirer is unhappy with any aspect of the boat or the holiday, please contact the Company immediately.

19. DATA AND PRIVACY
19.1 In making a booking the Company will ask for personal information such as the Hirer’s name, photo ID, postal address, e-mail address, telephone number and payment details. The Company may use this data to inform the Hirer about news or information we think may be of interest to the Hirer. The Hirer’s personal details will not be passed on to any third party. By booking with us the Hirer is deemed to have consented to the use of their personal information for these purposes unless the Hirer opted out at the time of booking. If the Hirer decides at a later date that the Hirer would prefer for their information not to be used in this way, please notify us in writing or by email at info@pendragon.london
The Company is committed to protecting the Hirer’s privacy. We will only use the information that we collect about the Hirer lawfully, and in accordance with the Data Protection Act 1998.
19.2 A GPS tracking device is fitted to the boat for the Hirer’s safety, and our security. Positioning data will be collected at regular intervals, and will be used solely by the Company for the following purposes;

(a) To locate the boat in the event of an accident or breakdown; and
(b) To record the progress of the Hirer’s journey so that we can use this information to improve the content on our website; and
(c) To warn the Hirer if the limits of navigation are being approached so that he may be able to complete the return journey to the boatyard comfortably in the remaining time of the holiday.

20. VALIDITY CONDITION
If any term or provision in these booking conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such be deemed severable and the remaining provisions of the booking conditions, and the remainder of such provision, shall continue in full force and effect.

21. GOVERNING LAW
The contract embodied in the booking is governed by English law and subject to the exclusive jurisdiction of the English courts.