The agreement off overnight hire of the Yacht 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.
When you request via telephone or email you are making an offer to hire a Yacht on these conditions. 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. Nothing in these Conditions affects your statutory rights.
The Company reserves the right to correct errors in advertised or quoted prices at the time of Booking Confirmation.
Payment is deemed to have been made when cleared funds are received in the company’s bank account. Timely payment shall be of the essence of the agreement.
Full payment is payable at the time of the booking request.
A £500 deposit is due on day of arrival 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.
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 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.
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 Yacht 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 Yacht 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 because of your behaviour.
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 or writing. 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 Companyis able to re-hire theYacht 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 3 pm. 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 Yacht available to you. Check out is at 11am morning of end of booking.
Before you take the Yacht 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 Yacht 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 Yacht providing similar Yacht but if no such Yacht is available the Company shall immediately refund You with any payments you have made .
The Company insures the Yacht 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 Hirer agrees to comply with the Health & Safety rules listed in the Luxury Staycation Safety Handbook and within the following rules at all times:
To only carry those named on the Handover Document.
Not to take or have on the Yacht 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.
Not to allow smoking inside the Yacht.
Not to use candles on the Yacht.
Not to carry or use fireworks on the Yacht.
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 Yachts 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.
The Yacht is INSURED but you are responsible for the first £250 of any claim. This cover does not include personal accident, hirers personal belongings. 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.
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 Yacht (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 Yacht (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.
Industrial action, riots, civil strife, natural or nuclear disaster, fire, war, threat of war, actual or threatened terrorist activity and all similar situations.
Two vehicles may be left entirely at their owner’s risk in the marina car park or car parks made available to you. The company will be under no liability for any loss or damage to vehicles or their contents or your property on the Yacht 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 Yacht 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 Yacht
You will be required to sign for the inventory on taking the Yacht over. Any shortcomings discovered during the hire period must be notified to the company as soon as practically possible 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 Yacht) non-fulfilment, interruption or delay to the Booking; 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.