‘ELIZABETH of GLAMIS’ CONDITIONS OF HIRE
Please read these conditions carefully. They are part of the agreement and contain legal obligations and liabilities of the Hirer.
In these conditions and the agreement:
‘the Company’ means Cosgrove Narrowboat Company.
‘the Hirer’ means the person named in the booking confirmation.
‘the Conditions’ means the conditions set out in this form.
‘the price’ means the price for the booking set out in the booking confirmation.
‘the start date’ means the date when booking starts as set out in the booking confirmation.
‘the end date’ means the date when the booking ends as set out in the booking confirmation.
2. Booking Agreement.
2.1 A booking is a legal agreement. Submission of completed booking form is an offer by the Hirer to hire and the booking agreement is made only if and when the Company confirms the booking by written booking confirmation. Telephone bookings do not create legal agreements and any offer by the Company to hold a reservation is not legally binding, the agreement includes these conditions which the client accepts having read and agreed them.
2.2 The entire contract between the Company and the Hirer is contained in these Conditions and the booking form and no representations, terms, warranty or condition expressed or implied shall be deemed to be or have been made or agreed or imported by reference to any other writing, advertisement or conversation. No agent, servant or representative of the Company has any right to alter, vary, or waive any of these conditions. Nor is any person authorised to undertake any liability whatsoever on behalf of the Company. These conditions can only be varied with written permission of the Company signed by the proprietor. The Hirer acknowledges that no statement or representation which may have been made by or on behalf of the Company induced the Hirer to enter into the contract and that any other statements or representations do not form part of the contract. Any liability of the Company and any remedy of the Hirer in respect of any such statement or representation is excluded save in so far as liability in respect of any particular statement or representation may not be excluded by law.
3. Group Bookings, Age Limits and Unsuitable Hirers.
3.1 The full name and address of the Hirer must be entered on the Booking form. Any changes before the start date must be authorised by the Compan
3.2 The Company will not accept bookings from hirers under 18 years old.
3.3 The Company may at its discretion cancel the booking, refuse to start the charter or accept on board any person or group who in its opinion is not suitable to take part on the grounds of ill health, disability that could endanger there safety in the event of an emergency, suspected influence of alcohol or drugs or any other reason. In this event and provided that the Hirer is not in breach of condition 3.2 the Company will refund any monies paid for the charter, excluding any buffet and the contract shall be discharged without further liability on either party.
3.4 The Company may terminate the charter at any time if in the opinion of the Company the Hirer or there party are not behaving responsibly or if the boat or any persons are at risk, in this event the Hirers shall remain liable to pay the hire price and no refund shall be due.
4. Cancellations and Changes.
4.1 The agreement (including payment terms) is a legally binding contract and may not be cancelled or amended except as provided in the conditions.
4.2 A Hirer who wants to cancel a booking must notify the Company immediately by telephone and at the same time confirm in writing.
4.3 For a Hirer who wants to cancel a booking the deposit will be forfeit and the Hirer will pay the balance of the charter if less than 14 days notice is given, on the due date, Full payment of any catering & entertainment is due if cancelled within seven days. The Company may waive the price (or part of it) less £10 administration expenses if the boat is re-
4.4 A Hirer who wants to change the date of the booking may be charged an administration fee of £10 per booking, no changes will be accepted within 14 days of the hire date.
5. Hire Period.
5.1 The boat will normally be available 30 minutes before the departure time on the start date and vacated 10 minutes after return time or as otherwise shown in the booking confirmation. The Captain has the discretion to extend these times at his/her discretion if other bookings will not be compromised.
5.2 The Hirer must notify the Company of any likely delay in arrival as soon as possible by letter or if this is not practicable by telephone.
5.3 Late arrival for the agreed departure time may result in the imposition of an additional charge for waiting time, shortening of the cruise duration, or the cancellation of the cruise if later bookings are jeopardised, The full hire charge is payable under these circumstances.
5.4 In the event that the boat is not available because of circumstances beyond the Company’s control (for example damage, mechanical breakdown, late return) the Company may substitute a boat of similar accommodation but if no such boat is available the Company shall refund any payments made but shall not otherwise be liable and the contract shall be discharged.
5.5 The Company reserves the right without liability to start and/or end a charter at a site other than that agreed in the booking confirmation if operational circumstances make this necessary.
6. Prices and Payment.
6.1 Prices are inclusive.
6.2 Prices are in pounds sterling. The Hirer shall reimburse the Company on demand for any expenses incurred in re-
6.3 The booking deposit must be sent with the booking application. The deposit is as per the booking form.
6.4 The balance of the price is due before the start of the charter on the charter start date. Time of payment shall be of the essence of the contract.
7. Insurance and Security Deposit.
7.1 The Company insures the boat and equipment and against public liability risks. The policy does not cover the Hirer’s parties personal belongings and the hirer is strongly advised to make his/her own insurance arrangements.
7.2 The Hirer will indemnify the Company from and against all costs, damage, expenses, liability and claims howsoever arising from negligence, neglect or default of the Hirer to the extent that they are not covered by the Company’s policy. For example malicious and intentional damage to boat or third party.
8. Safety and Other Rules.
8.1 The Hirer agrees to comply with the following rules at all times for the health and safety of the persons on the boat and other persons and for safeguarding the boat and other property: Not to take or have on the boat any dinghies, inflatable's, portable heaters, inflammable liquids or substances, gas cylinders, car batteries, firearms or any other items which might create dangers or hazards. BBQ’s are not to be used onboard. To allow the boat to be occupied by a maximum of 40 persons.
Not to have or carry any live bait on the boat.
8.2 The Company reserves the right at its discretion without liability to restrict cruising areas or routes in the light of prevailing conditions.
9.1 In the event of accident, emergency or breakdown the Company may terminate the cruise without liability on the Company.
10. Miscellaneous Booking Conditions.
10.1 For safety reasons, passengers are not permitted in the crew quarters or steering position, on the roof, foredeck or gunwales. Similarly, lock operation is carried out by crew at all times.
10.2 Smoking in the passenger area is permitted in the designated area, at the discretion of the cruise organiser. Please use the ashtrays provided.
10.3 All drinks must be purchased as required from the on-
10.4 No person under the age of 18 may purchase or consume alcohol onboard. Proof of age will be required from all persons who appear to be under the age of 21 for the purchase or consumption of alcohol. Acceptable proof of age are passport, driving licence, or recognised proof of age card i.e. it must carry the 'PASS' hologram.
10.5 The captain reserves the right to: Refuse to serve alcohol to any individual. Close the bar altogether. To require an individual or an entire party to leave the boat.
As he may decide is appropriate. NO REFUNDS WILL BE GIVEN UNDER THESE CIRCUMSTANCES
10.6 Persons in charge of school, scout, and other children's groups are reminded that they remain in loco parentis while the group is on the boat, and are therefore responsible for the safety & behaviour of the children.
10.7 Reasonable behaviour is expected at all times.
10.8 The Hirer shall be primarily liable to indemnify the Company in respect of any damage or loss arising from any failure of the Hirer to comply with his obligations
under the conditions or from carelessness or negligence.
10.9 If the hire is not for a ‘private family event’ and music (either live or recorded) is required then the Hirer is responsible for obtaining a licence from the
‘Performing Rights Society’ the Hirer will indemnify the Company from and against all costs, expenses, liability and claims from the Hirers failure to obtain such a licence. The PRS definition of Private family events:-
11. Hirer’s Property.
11.1 Vehicles may be left entirely at owner’s risk in the Company’s car park. The Company will be under no liability for any loss of or damage to vehicles or contents of the Hirer’s or other personal property on the boat or elsewhere or howsoever caused except by the Company’s negligence. Hirers are particularly advised not to leave any valuables or portable items in the car.
11.2 The Company may take such action as may be necessary to silence car alarms in the Company’s car park and to recover the costs from the Hirer,
11.3 The Company may return Hirer’s property left behind on the boat if claimed and following receipt of payment for postage and packing. Property not claimed within two months from the end date will be disposed of by the Company.
12.1 The final number of passengers for buffets must be notified at least 5 working days prior to the cruise.
13.1 Pets are not allowed on the boat unless agreed in writing at the time of booking. If permission is given: Hirers must provide their own pet baskets or blankets.
All pets must be properly house trained or caged as appropriate, must never be left unattended, and may not be allowed on upholstery or in the carpeted bar area. Pets are not covered under the Company’s Insurance Policy and the Hirer shall be liable for any damage or loss caused by them.
14.1 The Hirer must check the boat and its contents and equipment fully on boarding the boat and notify the Company of any alleged deficiencies or shortcomings before the boat departs.
14.2 The Company shall not be liable in respect of any matter which is not so notified immediately and in any event shall not be liable in respect of any matter which is notified after the end of the charter period. The boat may then have been taken over by another hirer and may not be available for inspection.
15.1 The Company shall not be liable for any matters arising from any cause beyond the Company’s reasonable control or not due to the Company’s negligence or wilful default including (without limitation) death or personal injury of Hirers or their party, loss of or damage to property, non fulfilment or interruption of the charter or delays, breakdowns, mechanical problems, defects, damage, restrictions on cruising, obstructions, repairs or damage to waterways, non availability of routes, navigational works, storms, floods, droughts, ice, shortage of water or other weather conditions, rationing, shortage or non availability of fuel or in respect of any consequential loss, damage, expense, injury or claim.
16.1 The specifications of boats, their accommodation, facilities and equipment in the brochure are intended as a general guide but 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, colours may vary, layout plans are for guidance only and are not to scale and boats may have steps which are not shown. If the Hirer’s party includes any infirm persons, the Hirer should make relevant enquiries at the time of booking.
17.1 The contract between the Company and the Hirer shall be deemed to have been made in England and shall be governed in all respects by English Law. The Hirer shall submit to the jurisdiction of the English courts provided that the Company at its option may bring any legal proceedings against the Hirer from the courts of any other country.
18.1 No indulgence, forbearance or delay by the Company or delay permitted by the Company shall constitute any bar to its enforcement of its rights at any time and no waiver in respect of any breach shall operate as a waiver in respect of any other or subsequent breach.
19.1 The conditions are considered reasonable by the parties. Any avoidance, restriction or limitation upon them or their effect by statute shall be limited to the Condition or part of the Condition and the issue to which it specifically relates. If any condition is found to be invalid and would be valid if modified by extension of time or otherwise it shall at the option of the Company take effect with such modification or amendment as may be necessary to make it valid and effective.