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TERMS AND CONDITIONS OF HIRE

Narrowboat Hawkesbury (Terms and Conditions)

NOTE : In these conditions, governed and interpreted according to the rules of English Law, THE COMPANY referred to is Bespoke Executive Solutions Ltd.

All bookings will only be confirmed for your charter when your deposit has been received. The remaining balance of your charter price will then fall payable 6 weeks prior to the commencement of your charter. If your charter is within six weeks of booking then full payment is required with your booking form and agreed to terms and conditions.

We can provisionally reserve the boat for you by telephone or email, but booking can only be confirmed on receipt of a properly completed booking form and the appropriate deposit. Your booking form and our acknowledgement constitute a legally binding contract between you and Bespoke Executive Solutions Ltd. We will be legally bound to provide the accommodation as booked. You, in turn, will be legally bound to pay the balance of the cost, which must be paid at least six weeks before the start of the holiday. Booking forms can be downloaded from our web site.

PAYMENT. Payment may be made by Cheque or Bank Transfer. Credit Card facilities will shortly be in place.

CANCELLATION. Should you be forced to cancel your reservation, you must advise us immediately and confirm it in writing. On cancellation, you will still be liable for the full cost of the holiday, even if you have not paid the balance due, unless we are able to re-let the boat when we will refund any amounts paid, less the deposit. We reserve the right to regard changes to dates after confirmation as cancellation. We strongly advise you to obtain adequate holiday insurance to cover cancellation risks. All bookings must be made by person s aged 21 and over. Cheques should be made payable to Bespoke Executive Solutions Ltd.

Bookings may not be transferred to a third party without permission of the company. We reserve the right to curtail the charter at any time if, in our opinion, the boat is being misused illegally or if the crew's behaviour is considered detrimental to other waterway users. In the event of this happening, no portion of the hire fee will be refunded.

OPERATORS RIGHT OF TERMINATION. We reserve the right to decline a booking without assigning any reason for so doing. We reserve the right to terminate a passengers cruise should the person in our opinion have placed the boat, its equipment or other passengers in danger of damage or injury by ignoring safety advise or instructions of the crew. We also reserve the right to terminate the cruise of any passenger found smoking inside the boat or who, in the opinion of the master of the boats, behaves in a manner disruptive to the other canal users. Any refund of the price of the holiday paid would be

entirely at our discretion. We reserve the right to cancel any cruise if due to circumstances outside our control it has become impossible to carry out the cruise. In such cases, you will, if possible be offered alternative dates. Otherwise, any sum received from you will be returned in full, but you shall have no claim on any account against us.

DAMAGE WAIVER PAYMENT. The payment of your non-refundable Damage Waiver Payment provides you with protection from any liability for loss, damage or accident to the boat or its equipment during the time of your holiday period. The amount of this payment will be shown on your final booking confirmation. The Damage Waiver Payment Excludes losses arising from:- Malicious Damage, Negligent or Intentional Damage to the boat, its equipment, the waterway, other boats or structures. Departing whilst the boat is in an untidy condition. Departure from the boat past the expiry time of the hire agreement. We shall claim the full cost of repairs, replacement or compensation, should we receive a report of any of the above. Daily or short break charter hire period terms are flexible and should be discussed with BES Ltd at least six weeks prior to the date of the charters commencement and have been accepted by BES Ltd in writing.

WATER RESTRICTIONS AND FORCE MAJEURE. We reserve the right to alter or amend a published cruising route (or routes) if this is made necessary by canal stoppages, water shortages, flood, or if we deem this to be in the best interests of our passengers. You shall have no claim on us, and no particular right of cancellation, should any re-routing be necessary. Whilst we make very effort to keep to the advertised timetable, we shall not be liable for any loss caused to you by delay, mechanical or electrical breakdown, failure to keep to time, or any cause whatsoever. Should navigational difficulties prevail on the waterway, the cruise may be rescheduled to commence, divert or terminate at alternative locations. This situation will not be considered grounds for cancellation of a confirmed holiday.

We shall not be liable for matters arising beyond our reasonable control due to negligence or wilful default including without limitation, death or personal injury of yourselves, your crew and/or passengers, loss or damage to property, non-fulfilment or interruption of the reservation, delays, breakdowns, mechanical problems, defects, damage, restrictions on cruising, obstructions, repairs to waterways, non-availability of routes, storms, floods, drought, ice shortage of water and other weather conditions, non-availability of fuel, or in respect of any loss, damage, expense, injury or claim.

We can accept no liability for any delays or non-completion of planned cruising caused by restrictions, obstructions, or repair to the waterways system or any unforeseen cause. The company reserve the right to restrict the cruising area without prior notice should any unusual or hazardous conditions prevail.

PARKING. As Hawkesbury is continuously cruising throughout the season, parking is not generally provided. We can organise transport to and from the nearest railway station and are happy to advise a location for you to meet / leave the boat in order for you to be dropped off and collected. BES Ltd has an arrangement with an executive travel company - ask for details. Parking off road at a local farm is available for clients whom have no option other than to drive, please contact us for more information. Vehicles are left at the farm at the hirer's risk. The Company will be under no liability for any loss or damage to vehicle(s) or content's of the Hirer's or other people's property on the boat or elsewhere or howsoever caused except by the Company's negligence. Hirers are particularly advised not to leave any valuable or portable items in their vehicle(s). If we advise car-parking facilities, we shall not be liable for any loss or damage to your vehicle or its contents.

We can take no responsibility for the consequences of not being informed in writing regarding any relevant health problems.

Smoking is NOT ALLOWED inside the main cabin areas.

Hirers are responsible for refuse disposal before vacating the boat.

Hirers must leave the vessel as they received it, in a clean and tidy condition and having checked that all items on the inventory are still on board by no later than 10.00a.m. on the last day of your charter. Please remember that the end of your holiday may well be the start of someone else's and that they deserve to receive the boat in the same condition as yourselves.

All damages and breakages must be reported as soon as is safely possible to the Skipper of the vessel.

You may only carry those named on the Reservation Form unless arrangement with BES Ltd has been granted in writing.

The Company may return Hirer's property left behind if claimed and following receipt of payment for postage and packing (minimum charge £10). The Company will dispose of property not claimed within two months from the end date.

Bicycles are allowed on the boat, but only with prior agreement.

Fishing can take place from the boat providing that you hold a full Rod Licence for at least the period of your holiday and that the boat is moored. The client must ensure that this is not in a private fishing area. Live-bait is NOT ALLOWED on the boat at any time and at no point can any fishing bait be stored in the fridge.

You must NEVER stand on the roof of the boat

You must NOT carry portable heaters or toasters, which have not been provided by us

You must NOT carry inflammable substances or other hazardous items. You MUST comply with all British Waterways and Environment Agency byelaws, which specifically include leaving lock paddles in the correct position, and being considerate to other waterway users and property.

The Skipper is in complete charge of the boat and is responsible for its safe navigation. Due to the nature of the vessels and the dangers posed if the navigation is incorrectly used, the Skipper s instructions MUST be followed if the client is in any way involved in passage making. Failure to comply with specific commands of the Skipper will be viewed as a deliberate breach of Health & Safety / Operating Procedures and the Skipper has the power to curtail the charter if he / she sees fit.

We take great care to make sure that the boat is fully serviced at regular intervals and in good working order. In case of breakdown or repairs being required appropriate action will be taken by initially the Skipper and then by persons appointed by BES Ltd. All repairs are OUR responsibility ONLY and MUST NOT be put into the hands of others without our agreement.

If you are involved in an accident the following procedure should take place if the Skipper is unable to do so personally:

Contact us IMMEDIATELY giving the following information:
1. Full details of the boats involved Location by Canal, Bridge number and closest road name / village / town if possible.
2. Index numbers, names and persons involved and name and address of any witnesses.
3. Under no circumstances must the hirer admit any liability.

Whilst every effort is made to ensure the accuracy of the contents of our brochure and other publicity material, we shall not be liable for any inaccuracies that may occur.