The agreement to hire a boat incorporates these Terms and Conditions and the Booking Confirmation is between Burton Waters Marina Ltd ( the “Company”) and You – the hirer.
The Agreement takes effect when the hirer makes the booking online and the Company in return emails the Booking Confirmation, confirming the key particulars and conditions of the booking.
All bookings are made via our website. A provisional or conditional booking is not binding and you may cancel it at any time before the Booking Confirmation is sent out to You by the Company. Similarly the Company may allocate the spaces that are the subject of your Booking to another party at any time before a Booking Confirmation has been sent to You. In accepting a Booking, the company’s responsibility does not extend beyond the provision of the boat and there is no guarantee that any particular route will be available for navigation during the period of hire. Nothing in these Conditions affects your statutory rights.
All bookings are made via our website. A provisional or conditional booking is not binding and you may cancel it at any time before the Booking Confirmation is sent out to You by the Company. Similarly the Company may allocate the spaces that are the subject of your Booking to another party at any time before a Booking Confirmation has been sent to You. In accepting a Booking, the company’s responsibility does not extend beyond the provision of the boat and there is no guarantee that any particular route will be available for navigation during the period of hire. Nothing in these Conditions affects your statutory rights.
Your identity is a material factor in the Company’s decision to make the booking. You must be at least 21 years of age at the time of booking. You must be authorised by all other members of your party to enter into the Booking on their behalf. The full names, ages and permanent addresses of all members of your party must be provided. You are responsible for making all members of Your Party aware of the terms of the Agreement.
No children under the age of 3 year old on the boat.
The person booking the boat must provide a copy of a drivers licence or other photo ID and a proof of address.
The company may cancel your booking and refuse to hand over to you if, in its reasonable opinion, you are unsuitable to take charge of the boat for any reason that may adversely affect the safety of any person or property. In this event (and provided that you have fully complied with your obligations under this agreement) the company will refund all payments you have paid and the contract shall be discharged without further liability on either party.
The company reserves the right to repossess the boat at any time if, in our opinion, it is being mishandled, misused illegally or if the party’s behaviour is considered detrimental to other waterways users. In the event of this happening, no portion of the hire fee will be refunded. You may also be responsible for any costs the Company incurs as a result of your behaviour. We would also draw your attention to the fact that it is illegal to be drunk in charge of a boat .
The agreement is a legally binding contract and may only be amended or cancelled in accordance with these Conditions.
If You want to cancel or change Your Booking you must give the Company notice by calling, emailing . The Company shall make the following charges for cancellation, depending on the date on which the cancellation notice is received:
30 Days or more prior to date of Hire 100% refund minus admin fee of 25%
Between less than 30 days prior to hire but more than 2 days prior to hire 50 % refund
2 days of less prior to day of hire no refund unless the Company is able to re-hire the for all of the hire period
Bookings maybe transferred at the company’s discretion and subject to availability. You are strongly recommended to take out cancellation insurance to protect against cancellation liabilities.
The hire period commences at 10am. You must notify the Company as soon as possible if Your estimated arrival time is delayed or disrupted as this may lead to difficulties and delays in making the boat available to you.
Before you take the boat over, the company will give you some instruction and training as is appropriate. It is expected that you will have viewed and read the Handbook Checklist before arrival. You will then be required to check and sign the Handover Document to indicate that these instructions and demonstrations have been understood.
In the event that the boat is not available on the Start Date due to any circumstance for which the Company is not responsible (see Section 12) the Company may substitute a boat providing similar boat but if no such boat is available the Company shall immediately refund You with any payments you have made .
The boat must be returned to Burton Waters Marina Ltd in a clean condition and vacated by youand your party by 4 pm on the same day of hire. It is your responsibility to ensure a timely return. If you return the boat late or to the wrong place because of poor planning on your part or for another reason which is your responsibility then you will be liable to pay £30 for every half hour of the delay in returning the boat or giving possession and the cost of recovering the boat and any other expenses and losses which the company may incur as a result of the delay including the loss or cancellation of a subsequent booking.
The Company reserves the right to change the place of return for operational reasons or for reasons beyond the reasonable control of the Company. If the Company exercises the right in this clause the Company shall be obliged to give you verbal notice of the change in sufficient time (consistent with circumstances) to allow any necessary re-planning of your itinerary and to organise any transport which is reasonably necessary for you and your party as a result of such a change.
The Company insures the Boat and its equipment and inventory against public liability risks. The Company’s insurance does not cover personal accidents or loss or damage to personal property. Hirers and their crews are advised to take out their own personal insurance cover.
The Company’s policy excludes damage arising from speeding, rudder or stern gear, malicious or intentional damage, other vessels and their equipment, the waterway, late return of boat and return of boat in unclean condition and you remain responsible to the company for any damage or loss arising from your breach of the agreement, your deliberate acts or from your negligence. 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.
A safety deposit of £250 is due on day of hire and held in a deposit account until your departure, please note any damages occurred will be reviewed, discussed and where necessary charged a the going rate.
The Hirer agrees to comply with the Health & Safety rules listed in the Boaters’ Handbook and also with the following rules at all times:
To only carry those named on the Handover Document.
Not to tow other craft or allow the Boat to be towed except under professional assistance in the event of breakdown or emergency.
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. – Max speed limited on Fosdyke is 4 mph. Fines will be issued if caught .
Not to take or have on the Boat without the company’s prior written permission any dinghies, canoes, inflatables, portable heaters, bicycles, vehicles, lighting equipment, TV sets, electrical appliances, inflammable liquids or substances, gas cylinders, barbecues, fishing equipment , car batteries, fire arms or any other items which might create dangers or hazards.
To give way to laden or un-laden cargo boats, sailing craft, rowing boats and other human propelled craft.
Not to allow smoking inside the Boat.
Not to use candles on the Boat.
Not to carry or use fireworks on the Boat.
Observe all byelaws, navigational limits or instructions and advice of the Environment Agency 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.
In the event of any accident or damage involving you or any other person or property you must:
Obtain and record the name of any other boats and the names and addresses of any other people involved on the form provided by the company (when available)
Notify the company as soon as practically possible with full details of the accident and any damage sustained.
Follow the company’s instructions.
Not in any circumstances admit or allow any other person on the boat to admit liability to any other person.
You have charge of the boat and are responsible for its safe navigation. No persons under the age of 18 may control the boat. In the event of any accident involving the boat or any other craft or property it is your responsibility to establish the name of any boat involved together with the names and addresses of the owner and/or hirer, and report these facts to us as soon as possible with full details of the accident and damage. No repairs may be put in hand without our consent.
The boat is INSURED but you are responsible for the first £100 of any claim. This cover does not include personal accident, hirers personal belongings, damage resulting from speeding, lock cills or any malicious, deliberate or alcohol affected act. You are responsible for any costs arising from such incidents. You are responsible for your own personal liability insurance.
INJURY OR DAMAGE. We are not liable for death, personal injury, or loss or damage to your property (including any motor cars left at the Marina ) or that of any passenger unless it is caused by our negligence or wilful default.
The boat is handed over ready-fuelled and the price includes one tankful. You are responsible for and will keep the boat and its equipment in a clean and tidy order during the hire period. You must notify and provide full details to the company of any breakdown, damage, theft or loss involving the boat as soon as practically possible.
BREAKDOWN – The boats are checked before each hiring. Should your craft suffer mechanical breakdown please notify us as quickly as possible, so that repairs can be carried out with a minimum of delay. We shall not be liable for any consequential loss or damage that you may suffer as a result of such breakdown. Any refunds at Burton Waters Marina Ltd Company’sdiscretion.
Unfortunately, events beyond the Company’s control occasionally affect bookings. When reference is made to such events in these Conditions of Hire, this means any event(s) or circumstance(s) which the Company could not, even with all due care, foresee or avoid. Such events include the following:
Destruction or damage of the boat (which cannot reasonably be remedied to a satisfactory standard before the start of the Hire) due to fire, flood, explosion, storm or other weather damage, accident, break-in, criminal damage or any similar cause.
Mechanical breakdown or other mechanical or technical problems affecting the boat (which cannot reasonably be remedied to a satisfactory standard before the start of the Hirer’s period).
Flooding, shortage of water, obstruction, repairs, damage or similar event affecting any waterway, waterway structure or facility such as a lock or bridge or navigational equipment which prevents or affects the Hirer taking the Hirer’s confirmed trip.
Adverse weather conditions and tides (which may restrict navigation and passage through bridges etc.).
Shortage or non-availability of fuel for the boat.
Late return by previous hirers.
Industrial action, riots, civil strife, natural or nuclear disaster, fire, war, threat of war, actual or threatened terrorist activity and all similar situations.
One vehicle may be left entirely at their owners risk in the marina car park or car parks made available to you by others. The company will be under no liability for any loss or damage to vehicles or their contents or your property on the boat or elsewhere unless caused by the company’s negligence. The company may take such reasonable action as it shall consider necessary to silence car alarms in the marina car park and to recover the costs from you. This is inclusive of any requirements and obligations under the noise and Statutory Nuisance act 1993. The company will return hirer’s property which it finds which has been accidentally left on the boat provided that it is claimed promptly and that you either arrange collection or agree to pre pay for any postage and packing. Property not claimed within one month from the end date of the hire agreement may be disposed of by the company.
Pets are not allowed on the boat
You will be required to sign for the inventory on taking the boat over. Any shortcomings discovered during the hire period must be notified to the company as soon as practically possible so as to afford the company the opportunity to rectify the matter.
The Company shall not be liable to pay any compensation, damages, costs or expenses for any claim arising from any cause beyond the Company’s reasonable control which could not have been mitigated or avoided by the Company including but not limited to: Death or personal injury of hirers their crew and passengers; Loss of or damage to any persons property (including the boat) non-fulfilment, interruption or delay to the Booking; breakdowns, mechanical problems, latent defects, damage to the boat; restrictions on cruising, obstructions, repairs, damage or closure of waterways, non-availability of routes, navigational works, storms, floods, droughts, ice, shortage of water or other weather or climatic conditions; rationing, shortage or non-availability of fuel; consequential loss, damage or expense which You incur including the cost of alternative transport, accommodation or other trip provision. The Company’s total liability to You and any person claiming through You in respect of all claims which may arise under the Agreement (other than in respect of claims for personal injury or death due to negligence on the part of the Company) shall be limited in aggregate to twice the Total price paid by You to the Company in respect of the Agreement in question. You shall be liable to the Company for any loss or damage caused by Your behaviour, or any member of your Party.
The specifications of Yachts, their accommodation, facilities and equipment on the website are intended as a general guide and the Company shall not be liable in the event of any insubstantial differences in the Yachts supplied and reserves the right to make modifications. Alterations may occur during rebuilding or refitting, Yachts within classes may differ, colours may vary, layout plans are for guidance only and are not to scale and Yachts may have steps which are not shown. If Your party includes any infirm or disabled people You should make relevant enquiries before booking. The company reserves the right to change Yacht specifications without prior notice.
This Agreement shall be governed by the law of England and Wales. Any dispute arising under this Agreement shall be submitted to the exclusive jurisdiction of the Courts of England and Wales. Only the named parties to the Agreement may enforce the terms of the Agreement. The parties agree that the Contracts (Rights of third Parties) Act 1999 shall not apply to this Agreement.