Terms and Conditions of Day Boat, Picnic Boat and Dinghy Hire – Freedom Boating Investments Ltd

 

  1. Definitions. The Company is taken to mean Freedom Boating Holidays Ltd, Ferry View Road, NR12 8PT acting as agents. You, Your, The Hirer, Party Leader is taken to mean the named person on the booking form and thus, the contracted person(s). 
  2. Bookings are confirmed upon the payment (or offer of payment if pay on arrival is agreed) of the hire fee.
  3. Maximum stated capacity of boat must not be exceeded.
  4. Number of people on the booking form must not be exceeded.
  5. You must be over 18 when you agree to hire the boat.
  6. The Company reserves the right not to hire a boat to any person whom it considers is unsuitable to operate the vessel.
  7. The company accepts no liability for the loss or damage of the Hirer’s belongings.
  8. Cancellations by the hirer, for whatever reason, shall not attract a refund. Postponement of bookings may be possible with the agreement of the company. If postponement incurs additional charges, the hirer is responsible for these. Cancellations by the company shall incur a full refund if a postponement is not appropriate but this shall be the only liability the Company has to the hirer.
  9. The company accepts no liability to the Hirer for injury to or death of the Hirer or members of their party during the course of the hire or during boarding or disembarkation. Hirers use the pontoons, quays and other landings on the river entirely at their own risk.
  10. The company will:
    1. Issue life jackets / buoyancy aid for every member of your party and require you to ensure that they are a good fit prior to boarding.
    2. Provide instruction and guidance on the safe use of the boat prior to handing it over. In the case of a Picnic Boat, this will involve a river trial. Hirer uses the vessel at their own risk.
    3. Ensure that the boat and its equipment are in a functional state at the start of the hire and that there is sufficient fuel.
  11. The hirer will:
    1. Return the vessel at the allotted time. Failure to do so will incur additional charges, which the hirer agrees to pay.
    2. Return the vessel clean and tidy. Failure to do so will incur additional charges, which the hirer agrees to pay.
    3. Ensure that all members of the party comply with these terms and conditions and navigation laws. The hirer is responsible for apprising themselves of these laws.
    4. Be liable to the Company for all damage to the boat, its contents, equipment (including life jackets) and third parties caused by the Hirer’s unreasonable behaviour, misuse of the vessel or failure to observe these terms & conditions, river rules or instructions given by the company or higher authority on the river (including signs).
    5. The company shall take credit or debit card details to act as security in respect of point D above.
  12. This Agreement (and any disputes, claims or proceedings of whatsoever nature arising) shall be governed by and shall be construed in accordance with the laws of England. This agreement supersedes all previous agreements and forms the entire agreement between the parties. No variation to this agreement shall be effective unless in writing and signed by the Company or an authorised representative. This agreement may be executed in one or more parts, each of which are deemed to be an original document but all the parts together shall constitute one and the same agreement. A facsimile or other copy of this agreement shall have the full force and effect of the original agreement. Should any provision or any part of any provision in this agreement be held to be unenforceable, void or contrary to any law, this shall be severed from the agreement and the remaining provisions shall remain in full force and effect. To the extent that the Company is hindered or prevented by circumstances not reasonably foreseeable or not within their reasonable control from performing any of its obligations then it shall be relieved from any liability for its failure to perform these obligations.

Boating is fun and enjoyable but can also be Hazardous. The Company will take all reasonable care in the preparation of the vessel and in the provision of safety equipment, but the Hirer is responsible for their own safety, the safety of their party, the safety of third parties affected by their actions and the safe, undamaged return of the vessel. The Hirer will be liable to repay the Company for any loss or damage to the boat or its equipment caused by the action or negligence of the Hirer.

Distance Selling Regulations. Distance Selling regulations do no cover the sale of accommodation, including holidays. As such there is no “cooling off” period – please be aware of this before placing any booking, as you will be bound by these terms and conditions.

Notices: all notices and communication sent by the company shall be deemed to have been received and accepted according to the following rules: Email, fax or other electronic communication: same day; Postal service: Next Day.

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22/4/2010