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1.DEFINITIONS
In these conditions and agreement; the Owners means Mr. P Mayer
and Mr. G Scragg, 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. 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 Owners give a written
booking confirmation for boat hire. Telephone bookings do not
create legal agreements and any offer by the Owners to hold a
reservations is not legally binding except when the booking
deposit is authorised by the Hirer by cheque when acceptance by
the Owners 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 to
them. The entire contract between the Owners and the Hirer is
contained in these conditions and the booking form. These
conditions can only be varied with the written permission signed
by an Owner. The Hirer acknowledges that no statement or
representation which may have been made by or on behalf of the
Owners induce 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 Owners and any remedy of the
Hirer in respect of any such statement or representation is
excluded save in so fat as liability in respect of any
particular statement of representation may not be excluded by
law. In accepting a booking, the 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 time.
3.BOOKING OF CRAFT
Phone or email to discuss dates and make a booking. Discussing
availability options is easier by phone.
The confirmation of the boat booking will be given once the
fully completed booking form and deposit of 25% of the full
booking fee has been received by April Cruises. The hirer will
then be responsible for paying the full balance at least 6 weeks
prior to the start of their holiday. The final balance will also
include a £150 security deposit to cover any loss or damage to
the boat, its equipment or items listed and provided in the
inventory, whilst under the hirer's responsibility.
The security deposit will be refunded within 7 days after the
boat has been returned by the hirer, provided no loss or damage
has occurred, the boat has not been involved in any accidents,
and no extra cleaning costs are incurred by the company.
4.PRICES AND PAYMENT
Prices are in British Pounds Sterling (GBP). The booking
confirmation and booking statement are not V.A.T. invoices. The
Hirer shall reimburse the Owners on demand for any expenses
incurred in the conversion of foreign currencies, bank charges,
special clearance, representing cheques, processing payments or
otherwise in obtaining cleared sterling funds of the amount due
on the due date. Payment is not made until the Owners have
received cleared funds. The booking security deposit must be
sent with the completed booking form and unless otherwise stated
25% of the full cost of the hire period. The hire fee is due not
less than 6 weeks before the hire start date. For bookings made
within the 7 weeks prior to the hire start date payment is
required in full and must accompany a completed booking form.
Without prejudice to any other rights of the Owners it may
charge interest (both before and after any judgement) at the
rate of 3% over the Owners' 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.
5.CANCELLATION 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 Terms and Conditions of Hire. Should the Hirer wish to
cancel or amend the booking they must advise the Owners
immediately by telephone and at the same time send written
confirmation by Recorded Delivery post. The Owners reserves the
right to levy any administration charge of £35.00 for any
alterations 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 Owners 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
Owners being unable to rebook the boat the Hirer will remain
responsible for the full hire price
6.INSURANCE.
The boat and its equipment are fully insured except for the
first £100 of any claim, with third party insurance up to a
maximum of £2,000,000. The Owners insure the boat and its
equipment and inventory against public liability risks. The
Owner’s insurance does not cover personal accidents or loss or
damage to personal effects. Hirer’s and their crew are advised
to take out their own personal insurance cover. The Hirer will
indemnify the Owners 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 Owners policy.
7.HIRER'S PROPERTY
Vehicles may be left at the hire base car park at the Hirers
risk. The Owners will be under no liability of any loss of or
damage to vehicle(s) or contents of the Hirer's or other
people's property on the boat or elsewhere or howsoever caused
except by the Owners' negligence or that of those for who the
Owners is responsible. Hirers are particularly advised not to
leave any valuable or portable items in the car. The Owners
shall take such action as may be necessary to silence car alarms
in the hire base car park and to recover the costs from the
Hirer. The Owners may return Hirer’s property left behind 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 by the Owners.
8.COMPANY REGULATIONS
A minimum age limit of 21 years is set by the company for the
person hiring the boat.
We reserve the right to refuse to hand over a boat to any person
who, in our opinion, is not suitable to take charge of the
vessel. In the event of this happening, all payments will be
refunded to the proposed hirer, who will then have no further
claim against April Cruises.
The hirer is responsible for the payment of any fines or costs
incurred as a result of reported or witnessed speeding;
malicious, negligent or intentional damage to the boat, its
equipment, the waterway, other boats or structures; damage to
rudder or skeg, due to sill damage in locks.
If, owing to circumstances beyond our control, we are unable to
provide the boat we will refund in full, all monies paid, and
the proposed hirer shall have no further claim against April
Cruises.
April Cruises reserve the right to repossess the boat at any
time if, in our opinion, the boat is being mishandled, used
illegally, or if the crew's behaviour is considered detrimental
to other waterways users. In the event of this happening, no
portion of the hire fee will be refunded.
9.HAND OVER AND RETURN OF THE BOAT
We do have our own car parking facility but space is limited and
restricts us to two cars. However we cannot accept liability for
loss or damage caused to any party members cars or property
during the use of this facility.
The boat will be ready for you at 2:00pm on the start date.
Before the ‘April’ is handed over, the hirer must provide
evidence of identification, driving licence, passport etc
We will give you comprehensive instruction on the operation,
control and use of the boat and its equipment. Once both parties
are satisfied that the boat can safely be handed over, the Hirer
must sign the Boat Acceptance Form and will then be responsible
for the safe and considerate operation of the boat and its
equipment during the period of hire.
The boat must be returned by 09.30.a m. on the last day, and
vacated by 10.00am at the latest. For a full refund of the
security deposit, it must be left clean, undamaged and with the
original full inventory of equipment.
Hirers are responsible for refuse disposal before vacating the
boats. The hirer is also responsible in ensuring that both the
fuel and water tanks are refilled and that the discreet tanks
have been emptied. Failure will result in a payment of £35 for
each none compliance being deducted from the returnable security
deposit.
You must return the vessel as you received it, in a clean and
tidy condition and having checked all items on the inventory are
still onboard, by no later than 09.30am at the latest on the
last day of your cruise. It is the responsibility of the hirer
to ensure that sufficient time is allowed to reach the agreed
hand-over point by this time.
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.
The Owners cannot be held responsible for any delay to the start
time caused by the late return of the boat by the previous
Hirer, mechanical failure, or any other cause which cannot
reasonably be foreseen or avoided. If through circumstances
beyond its control (accident, breakdown, waterway closure,
dangerous conditions etc.), the Owners are unable to release the
boat for hire, all payments will be returned to the Hirer, who
shall have no further claim on the Owners. The Owners reserve
the right to cancel a reservation from – or refuse to release
the boat to any person whom it considers unsuitable to take
charge. In this event, the agreement shall be discharged and all
payments returned to the Hirer, who shall have no further claim
on the Owners.
All damages and breakages must be reported immediately on the
return of the vessel.
10.BOAT ACCEPTANCE FORM
The Hirer must check the boat and its contents for any
deficiencies before signing the Boat Acceptance Form. The Hirer
is then responsible for the boat, its equipment and its safe
operation during the Hire Period. Any items subsequently found
to be missing or damaged shall be the responsibility of the
Hirer. The Owners shall not be liable for any matter which is
not immediately notified, and shall not be liable for any matter
notified after the end of the Hire Period.
11.DELAYS AND RESTRICTIONS
No liability can be accepted by the company for any delays or
non-completion of planned cruising caused by restrictions,
obstructions, repairs to the waterways system or any other
unforeseen cause or act of god.
The company will reserve the right to restrict the cruising area
without prior notice should any unusual or hazardous conditions
prevail. We also reserve the right to hand over the boat from an
alternative location should the need arise. No financial
adjustments will be made by the company under any of these
circumstances. Every effort will be made by us to inform the
hirer of any restrictions or stoppages imposed by the waterways
authorities. However, the hirer is advised to contact the
relevant authorities to check that no restrictions are planned
for the dates of their intended cruising.
The hirer shall at all times comply with the by-laws of the
British Waterways Board or the appropriate Navigation Authority.
The hirer is responsible for any claim made for loss of water or
damage caused by improper use of lock paddles or apparatus and
for any claim made for damage due to excessive speed or improper
navigation.
We reserve the right to deduct £25 from your security deposit
for every half hour or part there of you are late in returning
the boat. Hirers are responsible for refuse disposal before
vacating the boats. We reserve the right to make a charge if the
boat is returned in a dirty condition.
Portable gas appliances are NOT allowed under any circumstances.
Charcoal barbecues must only be used off the boat. They must be
thoroughly emptied and cooled before re embarkation.
Insurance insures the boat and equipment, and the hirer’s
liability to other parties.
12.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 involved and the names and addresses of all parties
involved including the other boat Owners and other Hirers.
Notify the Owners by telephone immediately with full details for
the accident including damage incurred. Under no circumstances
admit or allow other persons on the boat to admit liability to
any other person. Do not carry out or have carried out repairs
without consent from the Owners. Obtain and follow the Owners
instructions. In the event of an accident the Owners may
repossess the boat and the hiring contract will be then
terminated without liability to the Owners. In the event that
the Owners insurance cover is prejudiced or invalidated by any
failure on the part of the Hirer to comply with the provision of
this condition the Hirer shall indemnify the Owners in respect
of all liability claims, loss, damage or expenses incurred. The
Hirer is liable for and shall indemnify the Owners against any
claim or charge made by any Navigation Authority for damage to
the waterway, waterway property or loss of water.
13.BREAKDOWN AND REPAIRS
We pride ourselves on the boat that we offer for hire, and great
care is taken to ensure that the boat is serviced at regular
intervals, as recommended by the manufacturers of the equipment.
No liability can be taken for any delays or non completion of
planned cruising caused by breakdown.
All breakdowns are the responsibility of the company and all
repairs deemed necessary must not be carried out without prior
knowledge or permission from the company. Any defect or
breakdown must be reported to the company immediately, whereupon
the appropriate action will be taken.
The hirer is in complete charge of the boat and is responsible
for its safe navigation. The only maintenance to be carried out
is checking engine oil, lubricating stern tube and clearing weed
hatches.
Please note that where breakdown or damage is caused through
negligence, misuse or failure to comply with instructions
towards the use of the boat by the company, we reserve the right
to claim upon the hirer in respect of any expenses incurred in
rectifying the matter. The cost of recovering boats which are
grounded on mud or banks, or which are inoperable through weed,
ropes or any other materials enmeshed in the propeller, is the
responsibility of the hirer as is the cost of damage to
YOU MUST NOT TOW OR BE ALLOWED TO TOW ANY OTHER VESSEL WITHOUT
THE COMPANYS PERMISSION.
14.NAVIGATION AUTHORITY BY-LAWS
You are responsible for obeying these by-laws:
The boat must not cruise before dawn, or after sunset.
Speed limits must be adhered to at all times (no more than 4
mph.)
Never create a wash that breaks on the bank (even at 4 mph this
is possible)
Slow right down past moored boats
Other waterway users and their property must be considered at
all times
Although we want you to enjoy yourselves may we draw attention
to the fact it is illegal to be drunk in charge of any vessel on
British waterways.
The hirer is responsible for payment of any fines incurred as a
result of contravening the British Waterways regulations during
the hire period.
15. APRIL CRUISES RESTRICTIONS
No smoking inside the boat
Only carry those named on the Reservation Form
Do not carry portable heaters, toasters and other electrical
appliances inflammable substances or other hazardous items not
agreed by the Owners,
The Owners may repossess the boat at any time if it considers
that the crew’s behaviour is irresponsible or detrimental to the
enjoyment of other waterway users, or if the boat is being
mishandled. In this case, no refund shall be due.
16.CYCLES/CANOES
We are happy to allow cycles and canoes on the ‘April’ however
any damage to the boat as a result of carrying such items will
be the responsibility of the hirer and the owners will seek
reimbursement of repair costs from them.
17. PETS
Well behaved pets are welcome on board the 'April' however
owners are responsible for ensuring that they do not sit or
sleep on any bed linen or seating areas. Therefore owners are
responsible for providing their own floor blanket or pet basket.
A charge of £35 per pet will be made per hire period and
included in the booking fee. A maximum of two pets per booking
is allowed.
The 'April' is not insured against damage caused by pets and
therefore any costs incurred as a result of damage or additional
cleaning will be met by the hirer out of the security deposit.
18.FISHING
Fishing may be carried out from the foredeck of the boat with
normal licensing laws applying (the hirer is requested to
provide evidence of licenses before commencing their cruise.)
Live fish bait must not be taken inside the boat or stored in
the vessels fridge or larder areas.
19.DISPUTES AND JURISDICTION
Any dispute that may arise from these conditions may be
referred, at the Owners discretion, to a single arbitrator to be
agreed between both parties. The decision of the arbitrator,
acting as an expert, as to payment of costs shall be binding to
both parties. English Law shall govern these conditions in all
respects, and the Hirer shall submit to the jurisdiction of the
English courts. The Owners reserves the right to amend these
conditions at any time. Nothing in these conditions affects your
statutory rights.
20.INFORMATION PROVIDED
We have completed all information provided as accurately as
possible, but apologize for any minor errors which may exist.
Should you have any further queries or questions please do not
hesitate in contacting us.
TELEPHONE: 01782 634699 |
