Moose Canoes, Sit on Top Kayaks, Stand Up Paddle Boards Mega SUP and Water Bikes Hirer Terms and Conditions
TERMS AND CONDITIONS OF HIRE For Paddle Craft – On River Thames
Ody Ventures Ltd T/A Boat rental Thames/Moose Canoe Hire/ SUP Hire UK/Marlow SUP Centre Hirer Terms and Conditions for River Thames Hire – Launch By Us (does not include remote SUP Hire)
1.1 The Hirer Party Leader must complete the online “Hirer Agreement Form” before using Canoes, Kayaks, Stand-up Paddle Boards and Water Bikes for use on the River Thames.
In the event that the form has not been filled out and signed, Boat Rental Thames will supply a hard copy on the day prior to launching any craft to the Hirer.
1.2 Each Hirer will have a designated Party Leader who will be over the age of 25 years.
1.3 The Party Leader is responsible for filling out the form correctly and fully and will sign on each participants’ behalf: Their acceptance of the terms of the “Hire Agreement” and the “Hirer’s Obligations” (Section 5, below);
1.4 The age range of each Hirer Participant
1.5 That they have disclosed any medical conditions from which they suffer in respect of asthma, diabetes, epilepsy and heart disease that might prevent them using a boat;
1.6 That the hazards and safety rules have been explained to them by Boat Rental Thames, and that they are clearly understood from the Safety Briefing given by a representative from Boat Rental Thames.
2.1 The ‘Company’ is Ody Ventures Ltd – T/A Boat Rental Thames (Moose Canoe Hire, Marlow SUP Centre).
2.2 The ’Hirer’ is any person or company who hires or has agreed to hire
2.3 ‘Party Leader’ Lead Hirer responsible for the group
2.4 ‘Participant’ is any person using the Company’s Equipment.
2.5 ‘Equipment’ means items provided by the Company detailed on the “Hire Agreement”, upon the terms and conditions set out in the agreement.
2.6 ‘Adult’ is able person 25 years or over
- Acceptance of Hirer Terms and Conditions
The Hirer’s paid booking by Telephone or Online will be acceptance that the Hirer and participants have read and accepted these Hirer Terms and Conditions outlined above and below. The Terms and Conditions of Hire are on Boat Rental Thames websites and will be made clear and available at point of booking and emailed to the Party Leader immediate after booking:
- Hirer’s Obligations
4.1 All participants should be water confident.
4.1.2 All people participate subject to a correctly fitted buoyancy aid or life jacket which must be worn correctly at all times when on the water.
4.1.3 There should be a capable Adult 25 years+ on the water with all Bookings. The company reserves the right to waive this at the discretion of the staff in certain instances.
4.1.4 All craft have a weight limit. If in doubt, contact the Company before booking.
4.2 The hire of all craft is at the final discretion of our staff on the day. Below are our guidelines which shall be managed dynamically on the day depending on participant experience, the river state and weather conditions and any other factors deemed relevant.
4.2.2 Youngest allowed participant in a canoe is 4 years
Children up to 10 to be accompanied 1-2-1 by an Adult (one 25 Years or over, people 12-25 to be accompanied by one Adult.
4.2.2 Anyone under the age of 16 to be accompanied by an Adult in a canoe
4.2.3 A minimum of 2 capable people are recommended to paddle a Canadian canoe.
4.3 Paddle Boards and Water Bikes
4.3.1 Not be used by people deemed un-suitable by staff.
4.3.2 An Adult 25 yrs or over must accompany people 12-25 on the water (from another vessel, not the bank)
4.4 Sit on Top Kayaks
4.4.1 The minimum recommended age for using our single Kayaks is 12 years –accompanied on the water in another vessel by a party leader 25 years +.
4.4.2 The recommended minimum eldest age to paddle a double kayak is 16 years and accompanied on the water in another vessel by an Adult 25years+.
4.4.3 The minimum recommended age for a second paddler in our double kayaks is 6 years.
4.5 Mega SUP
4.5.1 There should be at least 2 capable people on a Mega SUP with at least one Adult 25 years+ on board.
4.5.2 The maximum number of people to use the Megas SUP is 6 people.
- The Hirer Agrees To:
5.1. Keep the Equipment in their possession and under their control at all times and use the Equipment only within the area of, and for the purposes of, their trip as previously agreed with the Company.
5.2 Allow a Company representative access to the Equipment at all reasonable times, for the purpose of inspecting, repairing or removing the Equipment.
5.3 Be responsible for losses of, or damage to, the Equipment caused by their own fault and will be charged in full for any such loss or damage at the end of their hire period.
5.4 Not sell, sub-let, or dispose of the Equipment, and will indemnify the Company against all losses, costs, claims, damage and expenses howsoever occasioned by their breach of these conditions.
5.5 Alcohol should only be carried for overnight trips. Heavy consumption of alcohol in boats is prohibited and any Hirer caught consuming excessive alcohol within their boat will be in breach of the hire agreement. Anyone who appears under the influence of drink or drugs will not be allowed on our boats. The final decision is at the discretion of a representative of the Company.
F. Hirer’s should act in a reasonable manner and respect other river users. Any unruly behaviour may result in the Hirer’s Agreement being terminated, any damage caused by unruly behaviour will be charged for.
5.6 All participants must wear a buoyancy aid or life jacket at all times whilst on the river.
5.7 No Fishing allowed unless with the appropriate licence.
5.8 Participants are to beach/ moor and picnic at suitable permissive areas
The Company confirms that all Equipment hired will be in a full working condition, provided that the Hirer has abided by all their obligations outlined above.
- Loss or Damage
The Hirer assumes complete responsibility for loss of or damage to the Hire Equipment (other than fair wear or tear) from the time the Hirer takes possession of the equipment.
Boat Rental Thames can request a deposit for the equipment at their sole discretion and this will be returned either by a refund on the Hirer’s card or by cheque.
Boat Rental Thames can charge a customers credit card used in the original booking for loss or damage to the equipment.
Any breach of this agreement on the Hirer’s part may result in the termination of the Agreement without any refund and the continued possession of the Equipment will be without the consent of the Company and authorities may be contacted.
Cost of Hire must be paid for in full at time of booking. Bookings are made and kit allocated only once full payment has been received.
Hirer is responsible for arranging and paying for own parking and travel arrangements.
11.1 Hire on the day is subject to safe river and weather conditions. For strict insurance reasons Boat Rental Thames is unable to allow customers to use their craft when the river Thames is on Yellow or Red boards as determined by the Environment Agency. If a postponement of your hire is deemed necessary by Boat Rental Thames, the Company will give you as much notice as possible and we will offer you alternative dates. Under these circumstances only, and if no convenient alternative date can be agreed, any monies paid will be fully refunded. The Company is not liable for any losses incurred to clients due to cancellation of trips.
11.2 Cancellations must be made in writing by the Hirer. Cancellations made by the Hirer within 14 days of the first day of hire will be charged 50% of the hire charge. If cancellation is made by the Hirer within 48 hours of the start of the booking then the Hire Costs will be charged in full.
Cancellations made by the Hirer outside 14 days of the first day of hire will be refunded in full less a £15 administration fee per craft.
11.3 Where the Company agrees to a cancellation, a Gift Certification Voucher will be issued and the vouchers must be used within the time frame given.
- Gift Vouchers
12.1 Gift vouchers can be purchased or issued by the Company. They will not be extended beyond the time limit given on the certificate.
- Photographs and Video
As part of the company operating procedures, Participants will be asked if they can be photographed/video when on the boats. If the Participants agree to have their picture/video taken, Boat Rental Thames will retain the copyright of the image and may be able to use for on and off-line promotional purposes.
14.1 The Participants acknowledge that Paddle Sport is an ‘assumed risk-water sport activity’ and the Company will not be liable for any death, personal injury, or loss of or damage to goods arising out of the hire of any items by them.
14.2 Boat Rental Thames does not have any responsibility whatsoever for loss or damage to your personal belongings. You should be aware that any water-resistant containers or bags supplied by us are not guaranteed to be waterproof and the Hirers and Participants accept that they are taking their personal property on to the river at their own risk.
The Company reserves the right to make amendments to these Hirer Terms and Conditions without notice. The full and latest version of our Hirer Terms and Conditions are on our website.
© Ody Ventures Ltd
updated 22 May, 2023
Remote Use SUP Hire (collect and take to own location)
Stand Up Paddle Board Remote Hire EQUIPMENT HIRE TERMS AND CONDITIONS
Customers are explicitly advised to check section 8 regarding Insurance – as the Hirer does not provide Personal Injury Cover for the Customer and they should check with their existing Insurer that they have personal cover when using a Paddle Board.
These Terms and Conditions shall apply to the hire of all Stand Up Paddle Boards and Accessories (the “Equipment”) from Ody Ventures Limited (SUPHire UK / Boat Rental Thames / Moose Canoe Hire ) a company registered in England and Wales #9338577 whose registered address is C/O Arundales, Stowe House, 1688 High Street, Knowle West Midlands B93 0LY (the “Hirer”) by Customers who are hiring the Equipment for use at a location of their choice (the “Location”).
- Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Customer” means the customer who is hiring the Equipment subject to these Terms and Conditions;
“Deposit” means the sum payable by the Customer under Clause 3 of these Terms and Conditions and as set out in the Hire Agreement;
“Price List” means the Hirer’s price list, current at the time of the start of the Hire Term;
“Hire” means the hire of the Equipment by the Customer subject to these Terms and Conditions;
“Hire Agreement” means the agreement entered into by the Customer and the Hirer incorporating these Terms and Conditions which shall govern the Hire of the Equipment; and
“Hire Fees” means the sum payable by the Customer for the Hire as determined under Clause 4 of these Terms and Conditions.
“Hire Term” means the start and end date of the Hire as set out in the Schedule to these Terms and Conditions.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.4 a Schedule is a schedule to these Terms and Conditions;
1.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
1.2.6 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
- Hire Term
2.1 The agreed Hire Term will be set out in the Schedule to these Terms and Conditions.
2.2 If the Customer wishes to extend the Hire Term they may do so at any time prior to the end of the Hire Term. The Customer must contact the Hirer to arrange such an extension. Extensions may be made for up to five (5) days subject always to the existence of prior reservations made by other customers. The Hirer shall use its best and reasonable endeavours to satisfy requests for extensions but cannot guarantee the availability of the Equipment to the Customer beyond the end of the pre-existing Hire Term.
2.3 The Hirer reserves the right to recall the Equipment immediately at any time. In the event that the Hirer exercises this right the Customer will be reimbursed for any and all days remaining in the Hire Term or will be issued immediately with replacement Equipment of the same type or of the closest type thereto at no additional cost. If the Equipment is not returned to the Hirer on request the Customer shall be deemed to have authorised the Hirer to charge for any costs associated with such recovery.
3.1 The Customer shall not be required to pay a refundable Deposit to the Hirer at the commencement of the Hire Term, unless stated by the Hirer prior to the commencement of the Hire Term. The sum of the Deposit shall be set out in the Schedule to these Terms and Conditions.
3.2 In the event of a deposit being deemed necessary by the Hirer, at the end of the Hire Term the Hirer shall have a period of seven (7) days within which to fully inspect the Equipment. If the Equipment requires cleaning and / or maintenance which is the result of normal wear and tear the Customer will receive the Deposit back in full at the end of the inspection period. In the event that additional cleaning and / or maintenance is required the Hirer shall retain the Deposit in full or in part as appropriate and shall provide the reasons for such retention to the Customer in writing, including all relevant calculations and pricing information.
- Fees and Payment
4.1 The Hire Fees will be determined by reference to the length of the Hire Term, the type and quantity of Equipment, the Price List and any additional items which may be included in the Hire, as set out in the Schedule to these Terms and Conditions.
4.2 Payment shall be made in part or in full, as set out in the Schedule to these Terms and Conditions, prior to the commencement of the Hire Term. Online payment can be made by credit card. For group payments, payment may be made by cheque, BACS or credit / debit card. All cheques must be made payable to Sup Rentals Limited.
- Delivery and Collection
5.1 Following the receipt by the Hirer of the Hire Fees (and Deposit if required), either (1) the Hirer shall deliver the Equipment to the Location on the agreed date, as set out in the Schedule to these Terms and Conditions, or (2) the Customer will collect the Equipment from the Hirer by prior appointment.
5.2 The Hirer shall use its best and reasonable endeavours to ensure that delivery is made on time but shall not be liable for any failure to do so.
5.3 The Customer or a suitable authorised representative must be available at the Location at the time of delivery in order to sign for the Equipment. In the event that the Customer fails to comply with the provisions of this sub-Clause 5.3 it shall be deemed to have accepted delivery of the Equipment, assumed responsibility therefor and shall not have the right to subsequently dispute the facts of the delivery.
5.4 In the event that the Hirer is unable to deliver the Equipment due to the Customer’s absence from the Location (along with that of any authorised representatives) additional delivery charges may be incurred for any necessary re-delivery. Any such additional charges shall be borne by the Customer.
5.5 At the end of the Hire Term, on the agreed collection date the Customer shall ensure that all of the Equipment is packed dry and clean in the box provided and taken to a post office with the provided label. The customer must get a receipt as proof of drop off and supply to the Company if requested.
5.6 In the event that any Equipment is unavailable for collection or not posted on the agreed date the Customer shall be required to pay the relevant Hire Fees for the missing items up to and including the day that they are returned to the Hirer (at the Customer’s expense). If those items are not available for collection due to loss or destruction the Customer shall be required to pay the cost of replacement in accordance with the Hirer’s then current Price List.
- Use and Care of the Equipment
6.1 The Customer may only use the Equipment for the normal purpose for which it is intended.
6.2 All Equipment must be used in accordance with any and all operation and safety instructions or similar documentation provided.
6.3 The Customer may not make any alterations or adjustments to the Equipment beyond those that would be considered reasonable for normal use of the Equipment within the range of possible adjustments specific to a given item.
6.4 The Customer may only affix or connect other items to the Equipment where such affixation does not exceed the design limitations of the Equipment and is not likely to damage it in any way.
6.5 The Customer shall at all times treat the Equipment with a reasonable level of care and shall ensure that it is kept clean, subject always to reasonable levels of wear and tear. In particular, the Customer shall clean the Equipment before returning to the Hirer so that is in no less clean than when provided to the Customer.
6.6 In the event that the Equipment is not available for whatever reason, the Hirer reserves the right to substitute the Equipment with equipment of a similar quality and specification, and which may be a different brand.
7.1 The Customer shall not attempt to make any repairs to the Equipment without the prior written consent of the Hirer. When the Hirer is contacted in this regard it shall have the option of repairing the Equipment itself or granting the Customer permission to make the necessary repairs. The cost of such repairs shall be borne by either the Hirer or the Customer, the responsibility being determined by the reasons for those repairs.
7.2 All parts which may require replacement during the Hire Term shall be replaced free of charge by the Hirer provided that such replacement is necessitated by nothing more than normal wear and tear. Additional damage may result in the Customer being charged for the cost of replacement parts and associated labour.
8.1 The Equipment shall be insured by the Hirer as part of the Hire. This insurance cover provides for the following:
8.1.1 Damage whilst the Equipment is in transit and whilst it is being used responsibly in accordance with these Terms and Conditions.
8.1.2 Theft, provided such theft occurs to Equipment responsibly looked after by the Customer.
8.2 The insurance cover provided for in this Clause 8 shall not cover malicious damage.
8.3 In the event of damage or theft of the Equipment, the Customer will have to pay an insurance excess of up to two hundred pounds (£200) per event.
8.4 The Hirer will maintain sufficient public liability insurance coverage at all times during the Hire Term.
8.5 The Equipment is only insured for use in the United Kingdom and must not be taken outside of the United Kingdom without the Hirer’s prior written approval.
9.1 The Hirer will not be liable for any personal injury to the Hirer or anyone using the Equipment
9.2 The Hirer will not be liable for any damage to property which results from the improper use of the Equipment.
9.3 The Hirer will not be liable for any other loss or damage arising out of any circumstances beyond its reasonable control.
9.4 Nothing in these Terms and Conditions restricts the Hirer’s liability for death or personal injury arising out of any act or omission of the Hirer.
9.5 Subject to the foregoing, the Hirer’s liability shall not exceed the Hire Fees actually paid by Customer.
- Data Protection
The Hirer will not share the Customer’s personal data with any third parties for any reasons without the prior consent of the Customer. Such data will only be collected, processed and held in accordance with the Hirer’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
11. Hirer Termination
11.1 Where the Customer is an individual, the Hirer shall be entitled to terminate the Hire in the event that:
11.1.1 the Customer is in breach of these Terms and Conditions;
11.1.2 the Customer has had their personal belongings confiscated in order to satisfy debts; or
11.1.3 the Customer has a receiving order made against them.
11.2 Where the Customer is a company, the Hirer shall be entitled to terminate the Hire in the event that:
11.2.1 the Customer is in breach of these Terms and Conditions;
11.2.2 the Customer goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
11.3 In the event of termination for any of the above reasons:
11.3.1 all payments required under these Terms and Conditions shall become due and immediately payable; and
11.3.2 the Hirer shall have the immediate right to request the immediate return of the Equipment or repossess the Equipment and may charge the Customer for any reasonable costs involved in such repossession.
- Customer Termination
12.1 In the event Customer terminates the Hire, the following charges shall be applicable:
12.1.1 If the Customer gives the Hirer over 20 days’ written notice: £25 shall be payable.
12.1.2 If the Customer give the Hirer between 14 and 20 days’ (inclusive) written notice: 25% of the Hire Fees shall be payable.
12.1.3 If the Customer give the Hirer less than 14 days’ written notice: 50% of the Hire Fees shall be payable.
12.2 Customers who wish to use the Equipment on the River Thames but are unable to, due to official red or yellow warning boards displayed by the Environment Agency shall have the option to:
12.2.1 re-book the Hire for another date to be agreed with the Hirer; or
12.2.2 receive a full refund of the Hire Fees.
- No Waiver
No failure by either the Hirer or the Customer to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
- Force Majeure
The Hirer shall not be liable for, nor shall it be considered in breach of these Terms and Conditions due to, any failure to perform its obligations pursuant to these Terms and Conditions as a result of a cause beyond its control, including any act of God or a public enemy or terrorist, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, theft or criminal misconduct of unrelated third parties, disruption or outage of communications (including the Internet or other networked environment), power or other utility, labour problem, unavailability of supplies, extraordinary market conditions or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by the Hirer with reasonable care.
- Law and Jurisdiction
16.1 These Terms and Conditions shall be governed by the laws of England and Wales.
16.2 Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.
Updated 6 May 2022
Copyright Ody Ventures Limited 2022
Zen Motor Boats Hirer Terms and Conditions
THIS DOCUMENT IS INTENDED TO CREATE A LEGALLY BINDING CONTRACT. BEFORE AGREEING TO IT BY MAKING A PAYMENT, YOU ARE ADVISED TO TAKE INDEPENDENT LEGAL ADVICE AND FOLLOWING SUCH ADVICE, IF NECESSARY, TO AMEND ITS TERMS TO REFLECT THE TERMS THE PARTIES WISH TO AGREE.
Please read these Boat Hire Conditions carefully. They are all part of the Hire Agreement (the “Agreement”) and describe the rights and duties of both you and the Company.
In these Inland Boat Hire Conditions and the Agreement the following words have the following meanings:-
“Agreement” means the Hire Agreement between You and the Company which is evidenced by Your booking request and the Booking Confirmation and is made on the basis of these Conditions.
“Booking Confirmation” means the written confirmation issued to You by the Company confirming the hire period, price, place of delivery and other key particulars of the booking.
“Company” means Ody Ventures Limited trading as Boat Rental Thames and Zen Boat Hire of whose company office is at Harwood, Kiln Lane, Binfield Heath, Henley on Thames RG9 4EH and on 01628 566290.
“Conditions” means these Inland Boat Hire Conditions.
“Deposit” means the deposit in the Booking Confirmation.
“End Date” means the end date in the Booking Confirmation.
“Hire Period” means the hire period in the Booking Confirmation.
“Price” means the price in the Booking Confirmation.
“Security Deposit” means the security deposit in the Booking Confirmation.
“Start Date” means the start date in the Booking Confirmation.
“Written” means that the item has been printed, typed, written out by hand or sent or displayed by email or other electronic means.
“You” and “Your” means the person or persons named in the Booking Confirmation, or anyone added at a later date. If there is more than one of You, each of You shall be individually responsible for complying with the Agreement.
1. Agreement to Hire
1.1 When You request a booking You are making an offer to hire a boat on these Boat Hire Conditions. If the Company accepts Your booking, it will issue the Booking Confirmation to You. The Agreement will not be considered an effective contract until the Company has received Your completed booking form and deposit (if required) and sent You a Booking Confirmation. Bookings will only be accepted on the Company booking software system – booked online or over the phone.
1.2 You, as party leader, are responsible for ensuring the accuracy of the personal details and any other information supplied in respect of You and Your party. You must be 25+ years to be the Party Leader.
1.3 When You receive the Booking Confirmation please check the details carefully and inform the Company immediately if anything is incorrect.
1.4 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 hire the boat to another party in place of You at any time before a Booking Confirmation has been sent to You.
1.5 Nothing in these Boat Hire Conditions affects Your statutory rights.
2. Prices and Payment
2.1 The Company’s advertised prices are in pounds sterling (£) and include Value Added Tax (VAT)
2.2 The Booking Confirmation sets out the total Price payable by You.
2.3 You, as the party leader, are responsible for making all payments due to the Company. Payment is deemed to have been made by You when cleared funds are received in the Company’s designated bank account.
2.4 You will need to pay the Deposit at the time of the booking request by Credit Card if requested
For 12 Seater Edwardian Launch – £150 deposit is mandatory).
2.5 The balance of the Price, (if a booking deposit is taken is set out all charges is due not less than six (6) weeks before the Start Date]/[as shown in the Booking Confirmation. Time of payment shall be of the essence in this Agreement. Failure to pay the Price by the due date may result in the booking being cancelled but Your liability for payment will remain.
2.6 For bookings made less than six (6) weeks before the Start Date, You must pay the Price set out all charges at the time of the booking request.
3. Your Party
3.1 Personal agreement and obligations: this Agreement is a personal one between You and the Company, and Your identity and the identity of members of Your party are a material factor in the Company’s decision to enter into this Agreement. You must be at least twenty-five (25) years of age at the time of booking and possess the legal capacity to make the booking. You must be authorised by all other members of Your party to enter into this Agreement and accept the Boat Hire Conditions on their behalf. The Ages of all members of Your party must be provided to the Company at the time of booking. All changes in Your party (the addition, substitution or removal of any member of the party) which take place at any time after the Booking Confirmation has been issued (including during the Hire Period) must be communicated in writing and approved by the Company (such approval is subject to these Boat Hire Conditions, but otherwise not to be unreasonably withheld). You are responsible for making all members of Your party aware of the terms of the Agreement.
3.2 School parties, youth groups, hen or stag parties, business purposes: the Company’s general policy is that it will not enter into this Agreement for school parties, youth groups, hen or stag parties or for any commercial purpose without more information about the members of the party and the purpose and nature of the hire occasion. If the Company later becomes aware that Your party actually falls within this policy but that You have not disclosed it to the Company then the Company may terminate Your booking. In this event the Deposit and any other part of the Price which You have paid will be retained by the Company and You will remain liable to pay the balance of the Price.
3.3 Medical Issues: if You or any member of Your party has any medical problem or disability that may affect Your booking, please tell the Company before You make Your booking and give full details in writing as early as possible before You travel. If the Company reasonably feels that it cannot properly meet that person’s particular needs, the Company may have to refuse or cancel Your booking.
3.4 The use of alcohol and controlled drugs; Company’s right of immediate cancellation: the boat shall not be navigated while anyone on board is, or appears to be, under the excessive influence of alcohol or drugs and the Company may cancel Your booking and refuse to hand the boat over to You or repossess it if You or any member of Your party is or appears to be under the influence of alcohol or drugs. In such a case the Company shall be entitled to recover any loss, damage and expense from the monies already paid by You and if this is insufficient to cover its loss it shall be entitled to bring a claim against You for the balance of such claim.
3.5 Company’s right to decline handover for safety reasons: the Company may cancel Your booking and refuse to hand the boat 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 the Deposit and any other monies which You have paid to the Company and this Agreement shall be discharged without further liability on either party.
3.6 Unreasonable Behaviour: the Company can refuse to hand over the boat if the unreasonable behaviour of anyone in Your party is likely to cause offence to other guests, to members of staff or to waterway users, or if the Company has reasonable cause to believe You or any member of Your party will cause damage or loss to the boat, its services or facilities. If this happens, this Agreement between You and the Company will end and You will not receive any refund and the Company will not have any further responsibility to You. The Company can end a stay after the keys have been handed over, if the unreasonable behaviour of anyone in Your party (including anyone invited onto the boat or property by You) is likely to spoil the enjoyment, comfort or health of other guests, residents, waterway users or members of staff or where You or any member of Your party (or anyone invited on to the boat by you) has broken or is likely to break any of the Agreement, these Boat Hire Conditions, any applicable laws and regulations, or any other terms and conditions applicable to the boat which You have been told about. If this happens, You will have to leave the boat immediately and no refund will be given. You may also be responsible for any costs the Company incurs as a result of Your behaviour.
3.7 Company’s right to repossess during the hire: the Company may repossess the boat at any time after commencement of the Hire Period if, in the reasonable opinion of the Company, You are unsuitable to be in charge of the boat for any reason affecting the safety of any person or property including in particular if You or any member of Your party, or anyone invited onto the boat by You, is or appears to be under the influence of alcohol or drugs or if You are not behaving responsibly or if there has been a material breach of this Agreement.
4. Cancellation Policy
4.1 This Agreement is a legally binding contract and may only be cancelled in accordance with these Boat Hire Conditions.
4.2 If You want to cancel Your booking You must give the Company written notice (the “Cancellation Notice”). The date of receipt of the the Cancellation Notice shall be the effective cancellation date but in order to increase the prospects of re-letting the boat, You should pre-advise the Company of the impending cancellation by telephone.
4.3 The Company shall make the following charges for cancellation, depending on the date on which the Cancellation Notice is received:
Days before Start Date when Cancellation Notice received Cancellation Charge
more than 30 Loss of the Deposit (if a deposit taken)
(including any part of the Deposit which has not yet been paid)
29-15 40% of Price
14-8 50% of Price
7 or less 100% of Price
4.4 If the Company re-lets the boat to a new customer for the Hire Period or part of it the Company will return the cancellation charge which You have paid in respect of any days for which it has re-let the boat after deducting an administration fee of £30 in total.
5. Changes Requested By You
5.1 This Agreement is a legally binding contract and bookings may only be changed with the agreement of both parties and in accordance with these Boat Hire Conditions.
5.2 If You wish to change Your booking, the Company will try to accommodate the changes subject to availability, provided that notification is received in writing from You. If the booking You change to is, at the time of amendment, cheaper than what You have paid for Your original booking, no refund will be given.
6. Cancellation By the Company
6.1 The Company may cancel this Agreement by Written notice in the following circumstances:
6.1.1 for any of the reasons described in this Agreement;
6.1.2 in the event of an accident affecting the safety or navigability of the boat;
6.1.3 for breach of any of the rules set out under Condition 10.1;
6.1.4 for non-payment of any sum due under the booking and/or this Agreement.
6.2 The Company is entitled to recover from You any loss which it suffers as a result of cancellation under any of the provisions of Condition 4 or for breach of Condition 10.1 and it may retain all or part of any payments which You have made as security for such claims. Subject to this, if the Company is able to re-let the boat for all or part of the Hire Period it will give credit for the net sums received as a result of such re-letting and shall prepare and submit to You an account of its claim and of any payment which may be due to You or to the Company within seven (7) days of the End Date.
7. Hire Period, Collection and Return of the Boat
7.1 The boat will normally be available between 10am and 5:30 PM on the Start Date from Bisham Abbey Base or as otherwise shown in the Booking Confirmation, subject to the provisions of Condition 8.7.
7.2 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.
7.3 Before You take the boat over the Company will give You such instructions, demonstrations and trials as are appropriate and You will then be required to check and sign the inventory of the Boat and the hand over sheet.
7.4 In the event that the boat is not available on the Start Date due to any circumstance for which the Company is not responsible (for example adverse weather or navigation conditions, damage, mechanical breakdown, late return by previous hirer) the Company may substitute the boat with a boat of similar if p[ossible but if no such boat is available the Company shall refund You with the Deposit and any other payments You have made.
7.5 The boat must be returned to the location specified by the Company or as otherwise shown on the Booking Confirmation or notified under Condition 8.7 and vacated by You by 5:30PM on the End Date and it is Your responsibility to allow sufficient time to ensure timely return.
7.6 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 £100 for every hour or part hour of the delay in returning the boat or giving possession and the cost of recovering the boat to the return point 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.
7.7 The Company reserves the right to change the places of handover and return for operational reasons. In such event the Company shall be obliged to give You Written notice of the change in sufficient time to allow any necessary replanning of Your itinerary and to organise any transport which is reasonably necessary for You and Your party as a result of such change.
8. Insurance and Security Deposit
13.2 The Company insures the boat and its equipment against physical loss and damage and against public liability risks. You are entitled to any protection that may be afforded by the Company’s insurance policy (subject to Your paying any applicable policy excess) but You and members of Your party may become legally liable to the Company or to third parties for loss or damage caused or contributed to by Your acts, omissions or negligence.
13.3 The Company will take a picture of the party leader’s photo ID at point of embarkation for insurance purposes held under theur GDPR rules.
13.4 The Company’s insurance policy does not cover personal accidents or Your personal belongings and deliberate acts of misuse and negligence and does not cover the first £250 of any claim for Crocodile and Zen 1 – and £750 for Spice Merchat 12 Seat boat.
13.5 The Security Deposit is intended to cover part of the Company’s policy excess and any uninsured risks or other sums due to the Company under the Agreement. The Security Deposit is not the limit of Your potential liability to the Company.
13.6 The deposit is non-refundable if a rope is left in the water and gets caught around the propeller, or for gross negligence resulting in an accident.
13.7 The Company may apply the whole or any part of the Security Deposit to payment of any claim which the Company may have against You. Otherwise the Company shall promptly refund the Security Deposit by credit/debit card as soon as the Company is satisfied that no loss, damage or accident has occurred and that no other sums are due to the Company from You.
14. Safety and other Rules
14.2 You agree to comply with the following rules at all times during the Hire Period:-
14.2.1 To ensure that at all times while the boat is being navigated or is transiting locks the minimum age of the operator onboard and in charge is twenty five (25) years.
14.2.2 Not to tow or be towed other than in exceptional circumstances.
14.2.3 To moor the boat securely.
14.2.4 To observe all speed limits, and not to navigate at a speed which creates a breaking wash or disturbs or inconveniences other waterway users.
14.2.5 Not to race the boat.
14.2.6 Not to bring onto the boat any pets, dinghies, canoes, portable heaters, bicycles, barbeques, inflammable liquids or substances, gas cylinders, car batteries or any other items which might create dangers or hazards without the Company’s prior Written permission.
14.2.7 Not to use the boat for any commercial purpose.
14.2.8 To allow the boat to be occupied only by the persons who attended the handover briefing and declared on the Booking Confirmation.
14.2.9 Not to allow to be on the boat at any time more than 8 persons in the Zen Class Boats and 5 persons on Crocodile and 12 persons on Spice Merchant.
14.2.10 To give way to laden or unladen cargo boats, sailing craft, rowing boats and other human propelled craft.
14.2.11 Not to have or carry any live bait on the boat.
14.2.12 At all times to observe and abide by all regulations, bye-laws and navigational limits and abide by the instructions and advice of the relevant Navigational Authorities and the Company and their respective officers and employees.
14.3 The Company reserves the right at its reasonable discretion and without liability to restrict cruising areas or routes in the light of prevailing weather and navigation conditions
14.4 If You are reported for improper navigation during the Hire Period or if You are in breach of any of the rules in Condition
10.1 and if the Company has good reason to believe that it will be involved in any expense or penalty as a consequence, then, at the End Date, the Company may retain the Security Deposit against prospective future liabilities, provided that it shall pay it into a separate client account. If no action has been taken after a maximum period of six (6) months from the End Date the Company shall return the Security Deposit to You together with accrued interest. Where the Security Deposit has been provided by credit card, the Company shall not be entitled to charge the card with more than the Security Deposit and shall be obliged in any event to notify You in writing of the amount and date of any such charge.
15.2 You are in charge of the boat and are responsible for its safe navigation. In the event of any accident or damage involving You or any other people or any property You must:-
15.2.1 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);
15.2.2 notify the Company as soon as practically possible with full details of the accident and any damage sustained; and
15.2.3 proceed in accordance with and follow the Company’s reasonable instructions.
16. Looking after the Boat
16.2 You are responsible for and will keep the boat and its equipment and contents in clean and tidy order during the Hire Period.
16.3 The Company operates a strictly NO SMOKING policy on it’s ste and on its boats.
16.4 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. You must not undertake or commission any repairs, adjustment or service without the Company’s prior approval.
16.5 Although the boat and its equipment are insured against many risks by the Company, 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.
16.6 If the Boats are left in a deemed filthy condition, the Company will charge You £75 to clean the Boat.
17. Rights of Entry
17.2 The Company reserves the right at any time to board the boat to inspect it (including but not limited to where You have complained about the boat). If this happens, the Company will try to give You reasonable notice first. You agree to allow the Company or their representative(s) or contractor(s) immediate access to the boat at any time.
18. Hirer’s Property
18.2 Vehicles may be left entirely at their owner’s risk in the Company’s car park. The Company will be under no liability for any loss or damage to vehicles or their contents or for Your property on the boat unless caused by the Company’s negligence.
18.3 The Company may take such reasonable action as it shall consider necessary to silence car alarms in the Company’s 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 and/or under the Clean Neighbourhoods and Environment Act 2005 and/or any other relevant legislation.
18.4 The Company will return property which it finds which has been accidentally left on the boat provided that it is claimed promptly and that You either arrange for its collection or agree to pre-pay for any postage and packing. Property not claimed within two months from the End Date may be disposed of by the Company.
19.2 The boat is handed over ready charged and the Price includes the cost of electricity consumed or diesel.
19.3 Charging the batteries and re-fueling is to be done only by the Company.
20.2 Pets are not allowed on our Boats
You will be required to sign the condition schedule 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. You will be responsible for the cost of replacing or repairing any items on the inventory which are missing or damaged at the end of the Hire Period.
21 Exclusion and Limitation of Liability
22.1The 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:
21.1.1 loss of or damage to any person’s property (including the boat);
21.1.2 non-fulfilment, interruption or delay to the booking;
21.1.3 breakdowns, mechanical problems, latent defects, damage to the boat;
21.1.4 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 climactic conditions;
21.1.5 consequential loss, damage or expense which You incur including the cost of alternative transport.
21.2 To the extent that the terms of this Agreement contradict any laws on consumer rights, the rights conferred on any Party who is a consumer shall remain unaffected.
22.1 The specifications of boats and equipment on the website and marketing materials are intended as a general guide and the Company shall not be liable in the event of any insubstantial differences in the boats supplied and reserves the right to make modifications. If Your party includes any infirm or disabled persons You should make relevant enquiries at the time of booking.
23 Special Requests
23.1 If You have any special requests, You must let the Company know when You make the booking and confirm Your special requests in writing. The Company cannot guarantee that any request will be met.
24.1 You must contact the Company immediately if any problem arises so that it can be sorted out as quickly as possible. It is often extremely difficult (and sometimes impossible) to sort out difficulties properly unless You let the Company know promptly. If, after this, You feel that the problem has not been sorted to your satisfaction, You must, within thirty (30) days of returning from Your trip, provide the Company with a written compaint. The Company has a procedure to make sure it can sort out complaints as quickly as possible. Please help the Company to help You by following this procedure. If You fail to do so, this may affect Your entitlement to claim compensation if this would be appropriate. Should Your Complaint remain unresolved after following the procedure under this Clause 21, you may raise the complaint with British Marine (“BM”), who operate a procedure for complaints received regarding current BM members. Please contact BM for further information.
25 Third Parties
25.1 A person who is not a party to this Agreement, shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
26 Data Protection
27 Law and Jurisdiction
27.1 This Agreement and any non-contractual obligations arising out of, or in connection with, this Agreement shall be governed by and construed in accordance with English law.
27.2 Subject to Clause 24 below, You and the Company irrevocably agree that any and every dispute (and any non-contractual obligations) arising out of or in connection with this Agreement shall be subject to the non-exclusive jurisdiction of the English courts.
28 Dispute Resolution
28.1 Disputes arising out of or in connection with this Agreement, when they cannot be resolved by negotiation, may, with the written agreement of the Parties, first be submitted to mediation under BM’s Dispute Resolution Scheme. Details of the Scheme are available to current BM members on request from BM and/or on BM’s member website.
I ____________________________ , as party leader, confirm that that I am authorised by all members of my party to submit their personal details and sign on their behalf and that we agree to be bound by these Conditions and this Agreement.
By Making a booking, all Hirers Agree to these Terms