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Conditions of Hiring a
narrowboat
Please read these conditions
carefully. They are part of the agreement and contain legal obligations
and liabilities of the Hirer.
 1.
Definitions
In these conditions and the agreement:
"the Company" means Marine
Cruises.
"the Hirer" means the person or persons named in the booking
confirmation. Where there is more than one Hirer they shall be
individually responsible and liable under the 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.
2. Booking Agreement
A booking is a legal agreement. Submission of a completed booking form
is an offer by the Hirer to hire and the booking agreement is made only
if and when the Company confirms the booking by written booking
confirmation. Telephone bookings do not create legal agreements and any
offer by the Company to hold a reservation is not legally binding. The
agreement includes these conditions which the client 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 written permission of the Company signed by a director 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.
Extras. Bookings for TV. sets and
other optional extras are taken subject to availability on start date.
3. Group Bookings, Age Limits and Unsuitable Hirers
The Companys prior written consent is required for bookings by persons
under 21 years old. A Hirer who wants to make such a booking must
provide full details with booking form and be prepared to give further
information.
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 1 5% 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, ill health, disability,
inexperience, suspected influence of alcohol or drugs or any other
reason. In this event 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 payment terms) is a legally binding contract
and may not be cancelled or amended except as provided in the
Conditions.
A Hirer who wants to cancel or change a booking must notify the Company
immediately by telephone and at the same time confirm in writing.
If such written notice is not given the deposit will be forfeit and the
Hirer will pay the balance price on the due date. The Company may waive
the balance price (or part of it) at its discretion if the boat is
re-let.
It is a condition that the Hirer protects himself against cancellation
liability In the event of any claim being disallowed for whatever reason
the Hirer remains liable for the full hire charges.
It is therefore recommended that the hirer take
out cancellation protection,
as detailed at the bottom of this page.
 5.
Hire Period, Collection and Return of Narrowboat
The Hire period will normally be available between 2.30p.m. and 4.00p.m.
on the start date and the boat will be returned by 9.30a.m. at the
latest on the end date or as otherwise shown in the booking
confirmation.
The Hirer must notify the Company of any likely delay in arrival as soon
as possible by letter or if this is not practicable by fax or telephone
Before the Hirer takes the boat over the Company may give the Hirer such
instructions, demonstrations and trials as it thinks fit and require the
Hirer to check and sign the contents and hand over inventory. In the
event that the boat is not available because of circumstances beyond the
Company’s control (for example damage, mechanical breakdown, late
return) 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 must be returned to the base and vacated by the Hirer by 9
30a.m on the end date and the Hirer is responsible to allow enough time
to ensure prompt return, In the event of delay the Hirer shall be liable
to pay the sum of £35.00 per hour or part hour of the delay in returning
the boat or giving possession and to indemnify the Company in respect of
all other expenses and losses it may sustain by reason of such delay.
This condition is strictly enforced in the interests of subsequent
hirers of the boat because the Company may not have time to fit out and
deliver the boat to subsequent hirers.
The Hirer is responsible to return the boat to the 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.
The Company reserves the right without liability to hand the boat over
at and/or to require the boat to be returned to a site other than the
designated boat yard if operational circumstances make this necessary.
6. Prices and Payment
Prices are inclusive of V.A.T subject to changes in VAT. rate before you
have paid the price in full. The booking confirmation and booking
invoice 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. The
deposit is 25% of the total.
The balance of the price is due not less than 56 days before hire start
date.
Time of payment shall be of the essence of the contract. For bookings
made within 56 days before hire start date you must pay the full price
with booking form.
Without prejudice to any other rights of the Company it may charge
interest (both before and after any judgment) 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 and Security Deposit
The Company insures the boat and equipment and against public liability
risks. The policy does not cover personal accident or the Hirer’s
personal belongings and the Hirer is advised to make his own insurance
arrangements.
The Company’s policy excludes damage arising from speeding, still
damage, rudder or stern gear, TV. aerials, chimneys, malicious or
intentional damage, other vessels and their equipment, the waterway,
late return of boat and return of boat in unclean condition. The Hirer
will indemnify the Company from and 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. The Hirer will pay a damage waiver at the same time as
payment of the price.
 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 excepting only
professional assistance in the event of breakdown or emergency. Not to
cruise after sunset or before sunrise. The boat is equipped only for
daytime use.
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 any dinghies, canoes, inflatables,
portable heaters, bicycles, vehicles, lighting equipment, TV. sets,
electrical appliances (other than electric razors), inflammable liquids
or substances, gas cylinders, car batteries, firearms or any other items
which might create dangers or hazards without the Company's prior
written permission.
Not to use the boat for business purposes.
Not to allow to be on the boat at any time more than 1 2 persons. To
give way to laden or unladen cargo boats, sailing craft, rowing boats
and other human propelled craft.
Not to take the boat on to sea or tidal waters.
To cruise only on British Waterway approved canals and rivers. Not to
have or carry any live 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. In the event of any accident or damage to the boat, other
craft or the waterway the Hirer must:-
Obtain and record the name of any 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 ANY OTHER PERSONS ON THE NARROWBOAT TO
ADMIT LIABILITY TO ANY OTHER PERSON.
Not carry out or have carried out any repairs without the consent of the
Company.
Proceed in accordance with and follow the Company’s instructions. In the
event of 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 Waterway Authority for damage to waterway property or loss of water.
10. Maintenance, Repairs, Damage and Breakdown
The Hirer is responsible for and will keep and maintain the boat and its
equipment and contents and shall return the same at the end of the hire
term in accordance with the Company’s instructions and in good clean and
tidy order and condition.
The Hirer shall notify the Company immediately by telephone 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. While the boat and
the contents are insured the Hirer shall be primarily liable to
indemnify the Company in respect of any damage or loss arising from any
failure of the Hirer to comply with his obligations under the conditions
or from carelessness or negligence.
The Hirer shall be responsible for getting the boat off mud banks or
other grounding and for removal of weeds, rope or 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 and
shall comply with the Company's instructions. Otherwise the Hirer shall
be liable for any loss or damage incurred.
11. Hirers Property
Vehicles may be left entirely at owners risk in the Company’s car park.
The Company will be under no liability for any loss of or damage to
vehicles or contents of the Hirer’s or other persons 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 the car.
The Company shall take such action as may be necessary to silence car
alarms in the Company’s car park and to recover the costs from the
Hirer.
The Company may return Hirers property left behind on the narrowboat if
claimed and following receipt of payment for postage and packing
(minimum charge £10.00). Property not claimed within two months from the
end date will be disposed of by the Company.
12. Fuel
The narrowboat is handed over ready fuelled, however on your return you will
be charged for your usage.
The Company may make a fuel surcharge if there is a material increase in
the fuel costs duty.
Refuelling may only take place at the premises of suppliers designated
by the Company.
13. Pets
Allowed.
14. Complaints
The Hirer must check the boat and its contents and equipment fully on
arrival at the boat yard and notify the Company of any alleged
deficiencies or shortcomings before the boat leaves the boat yard. The
Hirer must sign the Handover Form upon taking the boat over and the
Hirer will be responsible for any items which are subsequently found to
be missing or damaged. Any shortcomings subsequently discovered must be
notified to the Company by telephone immediately 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 sot be liable in respect of
any matter which is notified after the end of the hire period. The
narrowboat
may then have been taken over by another hirer and may not be available
for inspection. Letters should bear the Company's booking reference.
I
5. Exemption
The Company shall not be liable for any matters arising from any cause
beyond the Company's reasonable control or sot due to the Company’s
negligence or wilful default including (without limitation) death or
personal injury of Hirers their crew and passengers, loss of or damage
to property, non-fulfilment or interruption of the booking or delays,
breakdowns, mechanical problems, defects, damage, restrictions or
cruising, 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 specifications of boats, their accommodation, facilities and
equipment in the brochure are intended as a general guide but the
Company shall not be liable in the event of any differences in the boats
supplied and reserves the right to make modifications. In particular
alterations may occur during rebuilding or refitting boats within
classes may differ, colours may vary, layout plans are for guidance only
and are not to scale and boats 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.
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 the 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 the courts in any other country
19 Waiver
No indulgence forbearance or delay by the Company or delay permitted 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. |
