The following paragraphs explain how to book your day boat hire and the conditions of hire. They not only specify your responsibilities to us but also protect you in the event of an unforeseen accident or illness to one of your party. Please read these conditions carefully. They are part of the agreement and contain legal obligations and liabilities of the hirer.
- Definitions
In these conditions and the agreement, “The Company” means Brone Boats. “The Hirer” means the person or persons named in the booking confirmation. When there is more than one hirer they shall be jointly and individually responsible and liable under the agreement. “The Conditions” mean the conditions set out in this form. “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 agreement.
2 Booking Agreement
2.1 A booking is a legal agreement. Submission of a complete 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 confirmation. Telephone bookings do not create a legal agreement and any offer by the company to hold a reservation is not legally binding. The agreement includes those conditions which the client accepts having read and agreed with them.
2.2 Bookings can only be taken on the company’s booking form and when accompanied by the appropriate deposit or full price of the holiday. To obtain a booking form, simply telephone the office to obtain one by post.
2.3 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 or to have been made, 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, vary or waive these conditions, nor is any person authorised to undertake any liability whatsoever on behalf 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 other statements or representations do not form part of the contract. Any liability of the company and any remedy of the hirer in respect of such statement or representation is excluded in so far as liability in respect of any particular statement or representation may not be excluded by law.
3 Group Bookings
3.1 The full names and addresses and age of all members of the hirers party must be entered on the booking form. Any changes before the start date or during the hire period must be authorised by the company.
3.2 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 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 and provided the hirer is not in breach of conditions 3.2, the company will refund any monies paid and the contract shall be discharged without further liability on either party.
3.3 The company may repossess the boat at any time in the opinion of the company that the hirer is unsuitable for the reasons given in conditions 3.2, if the hirer is not behaving responsibly or the boat
or any persons are at risk. In this event, the hirers shall remain liable to pay the hire price and no refund will be due.
- Cancellations and Charges
4.1 The agreement (including payment terms) is a legally binding contract and may not be cancelled or amended except as provided in the conditions.
4.2 A hirer who wants to cancel a booking must notify the company immediately by telephone and at the same time confirm in writing. The deposit will be forfeited and the hirer will pay the balance on the due date. The company may waive the price (or part of it) less £20 administration expenses if the boat is re-let.
4.3 A hirer who wants to change the date of a booking will be charged an administration fee of £30 per booking.
- Hire Period, Collection and returns of the Boat
5.1 Boats will normally be available at 9.30 on the start date and will be returned and vacated by 4pm at the latest on the end of the day or as otherwise shown in the booking confirmation.
5.2 The hirer must notify the company of any likely delay in arrival as soon as possible by telephone.
5.3 Before the hirer takes the boat over, the company will give the hirer such instructions, demonstrations and trials it thinks fit and will confirm that you are confident and happy to continue.
5.4 In the event that the boat is not available because of circumstances beyond the companies control (for example, damage, mechanical breakdown or late returns), the company may substitute a boat of similar accommodations 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.
5.5 The boat must be returned to base by 4.00pm and vacated by the hirer 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 responsible to pay the sum of £20.00 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 reasons of such delay including any loss or clam under subsequent booking. This condition is strictly enforced in the interest of subsequent hirers of the boat because the company may not have time to fit out and deliver the boat on time to subsequent hirers.
5.6 The hirer is responsible to return the base. If the hirer fails to do so except for unavoidable cause, the hirer will be liable to pay the companys cost of recovering the boat.
5.7 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 boatyard if operational circumstances make this necessary.
- Prices and Payment
6.1 Prices are inclusive of VAT and subject to changes in the VAT rate before the hirer has paid the price in full. The booking confirmation and booking invoices are not VAT invoices.
6.2 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, representing cheques, processing payments or otherwise in obtaining cleared sterling funds of
amount due on the due date. Payment is not made until cash or cleared funds have been received by the company.
6.3 The booking deposit must be paid with the booking application. The deposit is as per the scale in the price list.
6.4 The balance of the price is due not less than two weeks before the hire start date. Time of payment shall be the essence of the contract.
6.5 For bookings made within two weeks before the start date, the hirer must pay the full price with the booking form.
- Insurance and Security Deposit
7.1 The company insures the boat and equipment and against public liability risks. The policy does not cover personal accident or the hirers personal belongings and he hirer is strongly advised to make their own insurance arrangements.
7.2 The company’s policy excludes damage arising from the late return of the boat and return of the boat in an unclean condition or damage caused by pets. It does not cover the first £300 of any claim.
7.3 The hirer will indemnify the company form and against all costs, damage, expenses, liabilities and claims howsoever arising from negligence, neglect or default of the hirers to the extent that the are not covered by the company’s policy. I.E Cill damage or malicious and intentional damage to the boat or third party.
- Safety and Other Rules
8.1 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 allow other craft or allow the boat to be towed excepting only professional assistance in the event of a 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.
- B. Not to take or have on the boat any dinghies, inflatables, portable heaters, 240volt electrical appliances inflammable/flammable liquids or substances, gas cylinders, car batteries, firearms ot any other items which might create dangers or hazards. BBQ’s are not to be used on board.
- C. Not to use the boat for business purposes without the consent of the company. D. To allow the boat to be occupied only by the persons named in the booking confirmation. To give way to cargo boats, sailing craft, rowing boats and other human propelled craft.
- Not to take the boat onto the sea or tidal waters and to cruise only on British Waterways approved canals and rivers.
- G. Not to have or carry any live bait on the boat.
- H. At all times to observe all bylaws, navigational limits or instructions and advice of British Waterways and other navigational authorities and the company and their respective officers and employees.
8.2 The company reserves the right at its discretion without liability to restrict cruising areas or routes in the light of prevailing conditions.
- Accidents
9.1 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:
9.1.1 Obtain and record the name of any other boat and names and addresses of all parties involved including the boat owner and other hirers.
9.1.2 Notify the company by telephone immediately with full details of the accident including damage occurred and information under 9.1.1
9.1.3 Not in any circumstances admit or allow any other persons on the boat to admi liability to any other persons.
9.1.4 Not to carry or have carried out repairs without consent of the company. 9.1.5 Proceed in accordance and follow the company’s instructions.
9.2 In the event of an accident, the company may repossess the boat and the hiring contract shall then terminate liability on the company.
9.3 In the event that the company’s insurance cover is prejudice 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.
9.4 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 for loss of water.
- Maintenance, Repairs, Damage and Breakdown.
10.1 The hirer is responsible for and will keep and maintain the boat, its equipment and all contents and shall return the same at the end of the hire term in accordance with the company’s instruction in a good clean and tidy order and condition.
10.2 The hirer shall notify the company immediately by telephone in the event of a breakdown, damage, theft or loss and shall provide full details and comply with the company’s instruction. The hirer must not undertake any repairs, or have undertaken any repairs, adjustments r service without the company’s prior approval. Any repair or replacements by the hirer without the company’s approval will not be accepted.
10.3 While the boat and the contents are insured, the hirer shall be primarily liable to indemnify the company in respect of damage or loss arising from any failure of the hirer to comply with their obligations under the conditions or from careless or negligence.
10.4 The hirers shall be responsible for getting the boat off mud banks or other grounding. Please notify the company immediately for any removal of weeds, rope or other matter from propellors. The hirer shall notify the company immediately 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 damage or loss incurred.
- Hirer Property
11.1 Vehicles are left entirely at the owners risk. The company will be under no liability for any loss or damage to vehicles or contents of the hirers or other personal property on the boat or elsewhere. Hirers are advised not to leave any portable items or valuables the car.
11.2 The company may return hirers property left behind on the boat if claimed and following receipt of payment for postage and packing. Property not claimed within two months may be disposed of by the company.
12 Fuel
The boat is handed over ready fuelled and the price includes the cost of fuel used. 13 Pets
13.1 Pets are allowed on the boat on the condition they are not left unattended at any time. Any damage caused by pets will be charged accordingly.
13.2 Hirers must provide their own pet blankets or baskets and floating aids for animals.
13.3 Pets are not covered under the company’s insurance policy and the hirer shall be liable for any damage caused by them.
14 Complaints
14.1 The hirer must check the boat, 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 boatyard.
14.2 The company shall not be liable in respect of any matter which is not 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. The boat may then have been taken over by another hirer and may not be available for inspection. Letters should bear the company’s booking reference.
15 Exemption
The company shall not be liable for any matters arising from any cause beyond the company’s reasonable control or not due to the company’s negligence or wilful default (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 on 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 r fuel or in respect of any consequential loss, damage, injury or claim.
16 Brochure
16.1 The specification 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 insubstantial differences in the boats supplied and reserve the right to make modifications. In particular alterations may occur during rebuilding or refitting, boats with 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 hirers party includes any infirm persons, the hirer should make relevant enquiries at the time of booking.
17 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 may bring any legal proceedings against the hirer from the courts of any other country.