TERMS & CONDITIONS
Terms and conditions
Conditions of hire
Please read these conditions carefully. When you book a holiday with us, you are entering into a binding contract.
The “Owner”- refers to “Pea Green Boats”
The “Hirer”- refers to the person or persons named on the booking form and boat acceptance certificate. Where there is more than one hirer, they will be individually responsible under this agreement.
2. Booking agreement (“Agreement”)
A booking is a legally binding contract. By submitting a booking form, you are both offering to hire a boat and agreeing to the terms and conditions laid down here. The Agreement is only made and the booking secured when the Owner issues a booking schedule and the deposit has been received.
The entire contract between the Owner and Hirer is contained in these conditions, the booking form and the boat acceptance certificate.
The Owner and the Hirer agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement or to any agreement or document entered into pursuant to this Agreement.
In accepting a booking, the Owner’s responsibility does not extend beyond provision of the boat and in particular, no warranty that any particular route will be available for navigation during the period.
No representations, terms, warranties or conditions expressed or implied shall be deemed to be or have been made or agreed or imputed by reference to any other by writing, advertisement or conversation. No representative of the Owner has any right to alter, vary or waive any of these conditions. Nor is any such person authorized to undertake any liability whatsoever on behalf of the Owner.
3. Group bookings, age limits and unsuitable hirers
The Hirer must be aged 25 years or older. The Hirer warrants that when the boat is driven by a person under the age of 25, that they will at all times be under the close supervision of a competent person aged 25 years or older. The Hirer warrants that at all times two people over 25 years of age will be aboard the boat taking responsibility for all remaining crew members. We reserve the right to ask for photographic proof of ID including proof of address prior to any booking being secured.
The Hirer must provide all details of their party on the booking form. On arrival and prior to launch, the boat handover form and certificate must be completed in full. The Owner reserves the right to cancel any booking made in contravention of either of the above conditions on or before the start date and any monies paid shall be forfeit. The Owner may at his discretion cancel the booking and refuse to hand over the boat to any person that is deemed unsuitable to take charge on the grounds of infirmity, ill health, disability, suspected influence of drink or drugs, or a lack of competence in boat handling following the handover instruction. With the exception of suspected influence of drink or drugs, the contract will be discharged without incurring further liability on either party, and all monies refunded. No monies will be refunded in the instance that suitability is refused on the basis of influence of drink or drugs, the contract will be discharged and no further liabilities will be incurred by either party.
The Owner reserves the right to repossess the boat at any point if it is suspected that the Hirer is not behaving responsibly or is unsuitable for any of the above reasons, or is putting the boat or any persons at risk. In this event, the Hirer shall remain liable for the full hire price and no refund will be given.
4. Cancellations and charges
The agreement including the payment is a legally binding contract and may not be cancelled or amended except as provided in the conditions. Should the Hirer wish to cancel the booking, they should contact the Owner immediately by telephone and then confirm the cancellation in writing. The Owner reserves the right to levy an administration charge of £30 for any alteration made by the Hirer after the booking confirmation has been issued. In the event of cancellation less than 14 days before the holiday start date the full price paid will be forfeited. In the event of cancellation more than 14 days before the start date, the deposit will be forfeited. The Owner may at his discretion waive the balance price if he is successful in re-letting the boat for the whole of the hire period. The Hirer is therefore advised to make their own cancellation insurance arrangements.
5. Hire Period, Collection and Return of the Boat
The hire period is as shown on the booking confirmation. The Owner will use reasonable endeavours to have the boat ready for the Hirer between 1400hrs – 1500hrs on the start date of the hire period. In the event that the boat is unavailable due to circumstances beyond the Owner’s control, the Owner will refund all payment made and the contract will be discharged without further liability. The Hirer must notify the Owner of any delay in arrival on the start day of the hire period by telephone. The Hirer will be given appropriate instruction on the boat and its inventory at the discretion of the Owner following which the Hirer will sign for the boat and its contents on the boat acceptance certificate.
The boat shall be returned to the Owner’s hire base by 0900hrs on the end date of the hire period and vacated by 1000hrs. The boat shall be returned in a clean and tidy condition and Hirers are reminded that their cruising schedule should be planned to allow sufficient time for timely return of the boat. Breach of this condition will incur an additional charge of £30 per hour or part thereof. In addition, the Hirer will be liable for any costs incurred by the Owner as a result of the boat not being ready for the next Hirer. Where the Owner has to recover the boat and return it to the base, the Hirer shall be liable for all costs incurred.
6. Prices and payment
All prices are in pounds Sterling, are inclusive of VAT and include a non refundable damage waiver payment of £50.00 which ensures that you will be protected from any liability for accidental loss or damage to the boat or its contents. Payments made via Paypal will incur an additional charge. The booking deposit must be sent with the booking form and unless otherwise stated is 25% of the total price. The balance is due not less than 28 days prior to the start date of the hire period. For bookings made less than 28 days prior to the start date, payment in full is required with the booking form.
PLEASE NOTE THAT THE DAMAGE WAIVER POLICY EXCLUDES DAMAGE CAUSED TO THE BOAT AS A DIRECT OR INDIRECT RESULT OF SPEEDING ( REPORTED OR WITNESSED), MALICIOIUS , NEGLIGENT OR INTENTIONAL DAMAGE TO THE BOAT OR ITS EQUIPMENT, THE WATERWAY, OTHER BOATS , LOCKS OR OTHER STRUCTURES OR THE RETURN OF THE BOAT IN AN UNCLEAN CONDITION
The Owner insures the boat and its equipment against public liability risks. The insurance does not cover personal accidents or loss or damage to personal effects. Hirers and crew are therefore strongly recommended to take out their own personal insurance cover.
8. Safety and Waterway Rules
The Hirer agrees to comply with the following rules at all times for the Health and Safety of the persons onboard, and other persons and the boat and its property:-
The boat may not tow nor may it be towed by another craft, except under professional assistance in the event of an emergency.
Not to cruise between sunset and sunrise – as the boat is only equipped for cruising in daylight hours.
Observe all speed limits.
Not to race or cruise at a speed which causes a wash or disturbs or inconveniences other waterway users.
Not to take or allow on board any dinghies, canoes, inflatables, portable heaters, toasters, hair straighteners or hairdryers, barbecues of any kind, bicycles, vehicles, lighting equipment, TV sets, any other electrical appliances (except razors and mobile telephone chargers), inflammable liquids, gas cylinders, car batteries, firearms, or any other items that might cause dangers or hazards.
Not to use the boat for business purposes.
Not to allow on the boat at any one time any more persons than the maximum number of berths.
Not to carry onboard live fishing bait. At all times to observe byelaws, navigational limits, or instructions and advice of British Waterways or any other navigational authorities.
Please be aware that it is illegal to be drunk in charge of any vessel on British Waterways.
The Owner reserves the right at his discretion without liability to restrict cruising areas or routes in light of prevailing conditions.
The Hirer is in charge of the boat and is responsible for its safe navigation and return. In the event of an accident, the Hirer must: –
1. Obtain full details of all other persons involved as well as relevant boat names and registrations. The Hirer must inform the Owner immediately with full details.
UNDER NO CIRCUMSTANCES ADMIT OR ALLOW ANOTHER PERSON ABOARD THE BOAT TO ADMIT LIABILITY TO ANY OTHER PERSON
2. Not have repairs carried out without the Owner’s express permission. At all times obtain and follow the Owner’s instructions. In the event that the Owner’s insurance cover is prejudiced or invalidated by any failure on the part of the Hirer to comply with the provisions of this condition, the Hirer shall indemnify the Owner in respect of liability, claims, loss, damage or expenses incurred. The Hirer shall be responsible for getting the boat off mud banks or other grounding and for removal of weeds, rope or other matter from the propeller. The Hirer is responsible for and shall indemnify the Owner against any claim or charge made by any Navigational Authority for damage to waterways property or loss of water.
10. Repairs and Breakdowns
The Hirer shall notify the Owner in the event of a breakdown, damage, theft or loss and provide full details and shall comply with all instructions from the Owner. The Hirer must not repair or allow any repairs, adjustment or service without the Owner’s prior approval. The Hirer shall have no claim on the Owner as a result of breakdown or failure of the boat and its equipment or for any delays caused by repairs to the boat.
Full instruction will be given at the boat handover and once completed, will be signed by the Owner and the Hirer.
ANY CALL- OUT CHARGES IN CONNECTION WITH BLOCKAGES TO THE LAVATORY SYSTEM DUE TO MISUSE BY THE HIRER WILL EITHER BE PAID BY THE HIRER DIRECT OR REIMBURSED TO THE OWNER
11. Car parking & Hirer’s Personal Property
Free car parking is provided for customers. The Owner can accept no liability for loss or damage to vehicles or the contents therein.
The Hirer is advised not to leave valuables or ready portable items in cars. The Hirer is strongly recommended to take out personal holiday insurance.
12. Animals and pets
The Owner does not allow animals and/or pets on board the boat as the Owner is striving to create an environment, which, as far as possible, is free from any animal related contaminants which may give rise to allergic reactions. The Owner is also mindful of those who, for whatever reason, wish to hire an animal and pet free boat. The Owner therefore respectfully asks that no animals or pets be admitted on board the boat at any time.
13. No smoking
Smoking is not permitted on board the boat.
The Hirer will check the boat and its equipment fully upon taking possession of the boat and any shortcomings must be brought to the attention of the Owner before the boat leaves the hire base. The Hirer shall sign a boat acceptance certificate before departure and thereafter the Hirer is completely responsible for the boat, its equipment and its operation until it is handed back at the end of the hire period. Any shortcomings subsequently discovered shall immediately be notified to the Owner by telephone in order to give the Owner the opportunity to take the necessary remedial action. The Owner shall not be liable in respect of any matter not so notified immediately.
The Owner shall not be liable for any matters arising from any cause beyond the Owner’s reasonable control, or not due to the Owner’s negligence or willful default including (without limitation) death or personal injury of Hirers, their crew and passengers, loss or damage to property, non-fulfillment or interruption of the booking or breakdown delays, mechanical problems, defects, damage, restrictions or obstructions, repairs or damage to waterways, non availability of routes, navigational works, storms, floods, droughts, ice, or in respect of any consequential loss, damage, injury, expense or claim.