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Definitions
*The Company means Teddesley Boat Company.
*The hirer means the person or persons named in the booking confirmation.
Booking Agreement
A booking is a legal agreement. A holiday is booked when a signed booking form together with a deposit of 25% of the total hire charge has been received and acknowledged by Teddesley Boat Company.
Prices and Payments
The prices in the brochure are inclusive of VAT, subject to changes in the VAT rate before the price is paid in full. Payment should be made in pounds sterling, the hirer will be liable for any expenses incurred in converting foreign currencies, bank charges or other costs in obtaining cleared funds. Balance is due 6 weeks before the start of your holiday.
Cancellation
The booking agreement is a legally binding contract and may not be cancelled or changed except as provided in the conditions. A hirer wishing to cancel or change the booking must notify the company by telephone immediately and confirm in writing 56 days or more before the hire starting date: or written notice of your cancellation is received by Teddesley less than 56 days before the hire start date then your holiday liability is limited to losing your initial deposit only. The deposit will be forfeit and the hirer will pay the balance of the price on the due date. The Company will waive the price (or part of it) less 15% administration charge if the boat is
re-let and the cancellation arises from any of the following reasons occurring
after the date of making the booking and before the hire starting date:
1) Death, injury, illness, jury service and redundancy of you or any member of your party qualifying for payment under the Redundancy Payment Act 1965.
2) Death, injury, illness of the spouse, parent, child of you or any member of your party listed on the booking form, in all cases the appropriate medical certificate or official document must accompany your written notice of cancellation.
If you have paid for your holiday in full the appropriate amount will be refunded to you less a £30 excess.
Cancellation plan premium is 5% of the hire fee.
The hirer is strongly recommended to protect against cancellation liabilities by taking out the Company's cancellation scheme.
*Please note this scheme covers full cancellation; it does not cover curtailment of your holiday.
The cancellation plan is optional - please give policy numbers on the booking form, if you have cancellation cover. You are liable for the balance of hire monies due if you do not have cancellation cover. The initial payment you pay at the time of booking includes the subscription to the scheme, and that subscription is not refundable and is in addition to the hire terms.
Hand Over
The hirer must check the boat and it’s contents and equipment and notify the Company of any deficiencies or short comings before departure. The Company will give the hirer full instruction on the operation of the boat and its systems. Demonstration of lock operation and navigation will be given as required. When the hirer is satisfied that all is in order he will assume full responsibility for the boat. The Company shall not be liable in respect of any matter not so notified. The Company reserve the right to hand over the boat at/or require the boat to be resumed to a site other than its boat yard if operational circumstances make this necessary.
Hire Period
Saturday holidays start at 3.00 p.m. and boats must be returned by 9.00 am. Short breaks start 2 p.m. Friday return 9.00 am. Monday or 2.00 p.m. Monday until 9.00 am. Friday. The hirer must notify the Company of any likely delay in arrival as soon as possible.
Boat Return
The boat must be returned to the boat yard and vacated by 9.00 am. at the end of your holiday. The hirer is responsible to allow enough time to ensure prompt return. In the event of any delay in returning the boat or giving possession, the hirer shall be liable to pay £30.00 per hour or any part hour of the delay and to indemnify the Company in respect of any other losses or expenses it may sustain by reason of such delay. This condition is strictly enforced in the interest of subsequent hirers. The hirer is responsible to return the boat to Teddesley Boat Company. If he fails to do so except, for unavoidable cause, the hirer will be liable to pay the Company the cost of recovering the boat.
Boat Availability
In the event that the boat is not available because of circumstances beyond the Company’s control (i.e. damage, mechanical breakdown, late return) the Company may substitute a boat of similar accommodation. 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.
Cruising Limits
The boats are licensed for all British Waterways rivers and canals. Any additional licenses or any other authorities needed are the hirers responsibility. No boat may cruise tidal waters without the express prior permission of the Company. The Company reserves the right at its discretion without liability to restrict cruising areas or routes in the light of prevailing conditions.
Unsuitable Hirers
The Company may at its discretion cancel the booking and refuse to hand over the boat to any person who in its opinion is not suitable to take charge on the grounds of age, ill health, disability, inexperience, influence of drugs or alcohol, or for any other reason. In this event the Company will refund any monies paid and the contract shall be discharged without further liability. The Company may repossess the boat at any time if in its opinion the hirer is unsuitable for the reasons given 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 price and no refund shall be due.
Fuel
The boat is handed over ready fuelled. The Company may make a fuel surcharge if there is a material increase in fuel costs or duty.
Insurance & Security Deposit
The Company insures the boat and equipment against public liability risks. The policy does not cover personal accident or the hirer’s personal belongings and the hirer is strongly advised to make his own insurance arrangements.
The Company’s policy excludes damage arising from speeding, damage to rudder or stem gear, TV aerials, chimneys, malicious and intentional damage, other vessels and their equipment, waterways, late
return of boat and return of boat in an unclean condition and does not cover the first
£500 of any other claim. 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 may forfeit the whole, or any part, of the security deposit against any sums due to the Company. Otherwise the Company shall refund the security deposit when it is satisfied that no loss, damage or accident has occurred and that no sums are due to the Company by the hirer.
Damage Waiver
As an alternative to being liable for the first £500 you can make a single non-refundable payment which will cover any accidental damage or loss to the boat or its inventory whilst on hire to you.
(See booking form.)
Exclusions to damage waiver
• Malicious or intentional damage to the boat, its equipment the waterway, other boats or structures.
• Damage to the rudder, etc.
• Late return of the boat.
• Return of the boat in an unclean condition.
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 boss, other craft or the waterway, the hirer must:-
• Obtain and record the name of the boat and the names and addresses of all parties involved.
• Notify the Company immediately by telephone with full details of the incident.
• Do not in any circumstances admit liability. In the event of an accident the Company may repossess the boat and the hiring contract shall then terminate without liability to the Company.
Maintenance, Repairs, Damage & Breakdown
The hirer is responsible for and will keep, maintain and return the boat and its equipment and contents in accordance with the Company’s instructions and in good clean and tidy condition The hirer shall notify the Company immediately by telephone in the event of any breakdown, damage, theft or loss. The hirer must not undertake or have undertaken any repairs, adjustments or service without the Company’s prior approval.
Whilst the boat and its 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 the removal of weeds, rope, or other materials from the propellers.
Safety and Other Rules
The hirer agrees to comply with the following at all times for the health and safety of the persons on the boat, other persons and for safeguarding the boat and other property.
• Not to cruise after sunset or before sunrise. The boat is equipped for daytime use only.
To observe all speed limits 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 inflammable liquids or substances, gas cylinders, car batteries, firearms or other items which might create dangers or hazards.
• Not to have or to carry any live bait on the boat.
• To allow the boat to be occupied only by the persons named on the booking application.
• At all times to observe all byelaws, navigational limits or instructions and advice of British Waterway and other navigational authorities and the Company and their representatives.
The Hire Fee Does Not Include
Licence fees for waterways not controlled by British Waterways, River Avon and Rochdale Canal. The payment can be made at the point of entry.
Pets
£35 per pet - please see booking form, The hirer must give notice of any pets he wishes to bring at the lime of making the booking. Hirer must provide their own pet baskets or blankets. All pets must be properly house trained or caged as appropriate, must never be left unattended and may not be allowed on bedding or chairs. Pets are not covered by
the Company’s insurance policy and the hirer shall be liable for any damage or loss caused by them. The hirer accepts responsibility for the cost of any extra cleaning made necessary by their presence on the boat.
Hirers Property
Vehicles may be left entirely at owners risk in the Company’s car park. The Company will be under no liability for the loss or damage so vehicles or contents or other persons property except by the Company’s negligence. The Company may take such action as may be necessary to silence car alarms in the car park and recover the costs from the hirer.
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 hand-over 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 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.
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 including (without limitation) death or personal injury of hirers, their crew or passengers, loss 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 or non availability of fuel or in respect of any consequential loss, damage, expense, injury or claim.
Brochure
The specification of boats, their accommodation, facilities and equipment in this online brochure are intended as a general guide but the Company shall not be liable in the event of any insubstantial differences in the host supplied and reserves the right to make modifications. In particular alterations may occur during rebuilding or refitting, layout plans are for guidance only and are not to scale.
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.
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 of any other country.
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 or subsequent breach.
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