Insurance and Security Deposit
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.
The Company’s insurance policy does not cover personal accidents or Your personal belongings.
The security deposit of £100/£250/£450 is intended to cover the Company’s policy excess and any uninsured risks or other sums due to the Company under the Hire Agreement. It is not the limit of your potential liability to the Company. 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 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. In some cases you may reduce the security deposit due by use of the Collision Damage Waiver Scheme. Details and conditions are set out on the Booking Form and How to Book Page of the Website.
Safety and Other Rules
You agree to comply with the following rules at all times during the Hire Period;
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 21 years.
Not to tow or be towed other than in exceptional circumstances. To moor the boat securely.
Not to navigate after sunset or before sunrise. To observe all speed limits, and not to navigate at a speed which creates a breaking wash or disturbs or inconveniences other waterway users.
Not to race the boat. Not to bring onto the boat any dinghies, canoes, portable heaters, bicycles, or cooking appliances, inflammable liquids or substances, gas cylinders, car batteries, fire arms or any other items which might create dangers or hazards without the Company’s prior written permission.
Not to use the boat for any commercial purpose. To allow the boat to be occupied only by the persons named in the Booking Confirmation. Not to allow to be on the boat at any time more than the number stated on the handover document. To give way to laden or unladen cargo boats, sailing craft, rowing boats and other human propelled craft. Not to take the boat on to sea or tidal. To cruise only on The River Thames.
At all times to obey the Countryside Code and not leave litter or light fires along the Bankside.
At all times to observe all 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.
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.
If You are reported for improper navigation during the Hire Period or if You are in breach of any of the rules in condition listed 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. If no action has been taken after a maximum period of 6 months from the End Date the Company shall return the Security Deposit to you.
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:
Obtain and record the name of any other boats and the names and addresses of any other people involved.
Notify the Company as soon as practically possible with full details of the accident and any damage sustained.
Proceed in accordance with and follow the Company’s reasonable instructions.
Looking After the Boat
You are responsible for and will keep the boat and its equipment and contents in 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. You must not undertake or commission any repairs, adjustment or service without the Company’s prior approval. 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. You shall be responsible for getting the boat off mud banks or other grounding and for removal of weeds, rope or other matter from propellers and steering gear and for keeping the Company informed of any incidents of this nature.
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 or 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 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.
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.
The boat is handed over ready fuelled and the price includes the cost of fuel consumed.
Pets are allowed on the boat only with the Company’s permission. You shall give notice of any pets You wish to bring at the time of making the booking. You must provide any pet baskets or blankets. All pets must be properly house trained or caged as appropriate, must never be left unattended, and shall not be allowed on bedding or chairs. Pets and pet damage are not covered under the Company’s insurance policy and You will be liable for any damage or loss caused by them.
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 which are missing or damaged at the end of the Hire Period.
Exclusion and Limitation of Liability
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:
Loss of or damage to any person’s 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 climactic 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 holiday 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 The Total price actually paid by You to the Company in respect of the Agreement in question.
The specifications of boats, their accommodation, facilities and equipment in the brochure 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. In particular alterations may occur during rebuilding or refitting, boats within classes may differ, colours may vary, layout plans are for guidance only and are not to scale and boats may have steps which are not shown. If Your party includes any infirm or disabled persons You should make relevant enquiries at the time of booking.
Law and Jurisdiction
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.
The British Marine Federation and the Royal Yachting Association recommend that disputes arising under this form of Agreement which cannot be resolved by negotiation, should, with the written agreement of the Parties, be submitted to mediation or failing that to arbitration under the British Marine Federation’s Dispute Resolution Scheme, which is approved by the Royal Yachting Association.
Details of the mediation scheme operated by the British Marine Federation are available at http://www.britishmarine.co.uk/mediation
Matters suitable for arbitration shall be submitted to a single Arbitrator in accordance with the British Marine Federation’s Dispute Resolution Scheme. The provisions of the Arbitration Act 1996 shall apply.