Terms of Hire.
Terms & Conditions Please read these terms and conditions carefully when you book a holiday with us you are entering into a contract, which binds us in various ways. You are strongly advised to ensure you have adequate personal travel insurance, which should also cover any of your potential liabilities in this agreement.
1. Definitions. “The Company” means Staniland Marina Ltd. “The Hirer” means the designated Skipper named on the Handover Certificate. Where there is more than one Hirer, they shall be individually responsible and liable under this agreement.
2. Booking Agreement. A booking is a legally binding contract. The contract includes these conditions which the Hirer accepts having read and agreed them. 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 or vary or waive any of these conditions. Nor is any such person authorized to undertake and liability whatsoever on behalf of the Company. These conditions can only be varied with the written permission signed by a Director or the General Manager of the Company. 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 such 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. In accepting a booking, the company’s responsibility does not extend beyond the provision of the boat and in particular there is no warranty that any particular route will be available for navigation during the period of hire. Where more than one boat is booked on the same booking form each boat shall be deemed to be the subject of a separate contract. Bookings for optional extras are taken subject to availability on the start date.
3. Group Bookings, Age Limits and Unsuitable Hirers. The Hirer must be aged 18 years or older. The Hirer warrants that whenever the boat is driven by a person aged under 18, that they will at all times be under the close supervision of a competent person aged 18 years or older. The Hirer warrants that two able body people aged 18 years or older will be aboard the boat, taking responsibility of boat and crew at all times. The Hirer must provide on the booking form all details of all persons in their party. On arrival at the Marina, the boat handover certificate must be completed in full. The company 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 to the company shall be forfeit. The company may, at its discretion, cancel any booking and refuse to handover the boats to any person or group who in the company’s opinion is not suitable to take charge on the grounds of infirmity, ill health, disability, or who have failed to demonstrate a reasonable standard of competence following appropriate instruction in boat handling. In this event, the company will refund all monies paid for the boat hire and the contract shall be discharged without any further liability on either party. The company may, at its discretion, cancel any booking and refuse to handover the boat to any person or group who in the company’s opinion is not suitable to take charge on the grounds of suspected influence of alcohol or drugs. In this event, the company will not refund any monies paid for the boat hire and the contract shall be discharged without any further liability on either party. The company may repossess the boat at any time if in the opinion of the company, the Hirer is unsuitable for the above reasons, or, if the Hirer is not behaving responsibly, or if the boat or any persons are at risk. In this event, the Hirer shall remain liable to pay the full hire price and no refund will be given. Staniland Marina are one of the few operators who will entertain celebratory parties. Sadly, the actions of the few have repercussions on the many. Therefore, any booking may be required to place a pre-authorised deposit of £1,000 per boat. All or a portion of this amount may be retained in the event of any transgressions to our Terms and Conditions. In the event of a party or boat declining to register this deposit upon request, the boat will not be handed over to the customer and all monies paid by the customer for the holiday shall be forfeit. Additional deposits of up to £100 per person may be required at the discretion of Staniland Marina Ltd. For certain parties, the deposit will be returned to you when you have finished your holiday, providing the boat and its equipment is returned on time, undamaged, clean and tidy, with no third party claim. If You or any member of Your party has a disability and/or reduced mobility that may affect Your booking, it is Your responsibility to notify the Company when making the booking or, if such disability and/or reduced mobility becomes apparent after the booking, no later than 48 hours prior to the Start Date. Subject to the foregoing, although the Company has no expertise in this subject matter, the Company will try and advise you as to the suitability of the boat you have chosen to hire and possible alternatives but You acknowledge that certain space restrictions and practical safety considerations apply on board boats which may prevent a person with a disability or reduced mobility from accessing the boat and/or complying with all safety requirements. Where You have made a booking and You or a member of Your party subsequently becomes disabled or otherwise a person with reduced mobility the Company may not always be able to accommodate their needs. If in the Company’s reasonable opinion it is unable to properly accommodate the needs of the person(s) concerned or You do not accept such alternative arrangements as the Company may offer, the Company may, without liability, treat this as a request to terminate Your booking. The Company may require the person(s) concerned to produce a medical certificate certifying that they are fit to participate in the hire of the boat. The Company shall not be liable for any loss or damage caused as a result of a disability and/or reduced mobility, save where such loss or damage is caused by the negligence of the Company and results in death or personal injury.
4. Cancellations & Changes. The agreement including the payment terms is a legally binding contract and may not be cancelled or amended except as provided in the Conditions. Should the Hirer wish to cancel or amend the booking they must advise the Company immediately by telephone and at the same time send written confirmation by Recorded Delivery post. In the event of a cancellation, the deposit will be forfeited and the hirer will pay 100% of the remaining cost as long as the holiday way cancelled within 30days notice. The Company may at its discretion waive the balance price if it is successful in re-letting the boat for the whole of the hire period. It is therefore strongly recommended that the hirers protect themselves against cancellation liability by taking out cancellation protection and travel insurance. In the event of any claim being disallowed for any reason the hirer remains liable for the full hire charges.
5. Hire Period, Collection and Return of the Boat. The hire period is as shown on the booking confirmation sheet. IT IS VERY IMPORTANT THAT YOU ARE AT THE MARINA IN TIME TO COLLECT YOUR BOAT. THE ‘WINDOW’ FOR ARRIVAL IS 14.00 - 16.00. YOU MUST ARRANGE TO ARRIVE AT THE MARINA WITHIN THIS ‘WINDOW’. YOU MUST ARRIVE AT THE MARINA IN TIME TO BOARD YOUR BOAT AND HAVE PROPER INSTRUCTION BEFORE YOU WILL BE ALLOWED TO CRUISE. Check in for holidays is from 14.00. Boats are available from 15.00. In order to cruise on the first day of your holiday, you must arrive at the marina before 16.00. If you arrive after 16.00 you may not have a “boat handover” and you will not be able to cruise the boat. The Marina closes at 17.00 and you will not be able to gain access after thins time. Before departure, the company will give the Hirer such instructions and trials as the company sees fit, and requires the Hirer to check and sign for contents, inventory and Boat Acceptance. In the event that the boat is unavailable because of circumstances beyond the company’s control, 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. The boat shall be returned to the company’s hire marina no later than 10am on the morning of the end date. The boat shall be vacated and left in a clean and tidy condition by 10.30 am on the morning of the end date. The boat may be returned to the Marina early with prior arrangement. Hirers are responsible for ensuring their cruising schedule allows them ample time to return to the marina by the stated time. Breach of this condition will incur a minimum additional charge of £75 per hour or part thereof. In addition, the Hirer will be liable for any extra costs incurred by the company as a result of the boat not being ready for the next Hirer. Where the company has to recover a boat and return it to the Marina, the Hirer shall be liable for all costs incurred.
6. Prices and Payment. Prices are inclusive of VAT and are subject to any change in the VAT rate prior to the settlement of the price in full. The booking statement and confirmation are not VAT invoices. Prices are in pound sterling. Hire cost includes navigation licences for waterways operated by the Canal & River Trust covering most UK canals but not UK river navigations (including but limited to Thames, Upper & Lower Avon, Wey) where the hirer can purchase a visitor licence in advance or on arrival at additional cost. The Hirer shall reimburse the Company on demand for any expenses incurred in the conversion of foreign currencies, bank charges, special clearance, re-presenting cheques, processing payments or otherwise in obtaining cleared sterling funds of the amount due on the due date. Payment is not made until cash or cleared funds have been received by the Company. The booking deposit must be sent with the booking application and unless otherwise stated is 25% of the basic holiday brochure price. The balance of the price is due not less than 4 weeks before the hire start date. Time of payment shall be the essence of the contract. For bookings made within 4 weeks before the hire start date payment in full must accompany the booking form. Without prejudice to any other rights of the Company it may charge interest (both before and after any judgement) at the rate of 4% over the company’s bankers base lending rate on any monies due from the due payment date until the date of payment and interest shall accrue from day to day.
7. Insurance. The boats, their equipment and inventory are insured by the company against public liability risks. The company’s insurance does not cover personal accidents or loss or damage to personal effects. Hirers and their crews are strongly advised to take out their own personal insurance cover. The Hirer shall pay a compulsory £50.00 accidental damage waiver for each booking. Accidental damage waiver does not cover damage arising from speeding, contact with a lock sill causing damage to the rudder, skeg or stern gear, TV aerials, chimneys, malicious or intentional damage to the boat, or to other boats and or property, loss or damage of boat inventory and equipment. The late return of a boat or return of the boat in an unclean condition is not covered by the Accidental damage waiver. The Hirer will indemnify the company against all costs, damage, expenses, liability and claims howsoever arising from the negligence, neglect or default of the Hirer to the extent that they are not covered by the company’s policy.
8. Obeying the Rules of the Waterways. The Hirer agrees to comply with the following rules at all times for the Health & Safety of the persons on the boat and other persons and the boat and its property: - The boat may not tow nor may it be allowed to be towed by another craft, except under professional assistance in the event of an emergency. Not to cruise between sunset and sunrise. The boat is only equipped to cruise during daylight hours. To observe all speed limits. Not to race or to cruise at a speed which causes a wash, or disturbs or inconveniences other waterway users. Not to take nor allow to be carried on the boat, any dinghies, canoes, inflatables, portable heaters, barbecues of any kind, vehicles, lighting equipment, TV sets, any electrical appliances (save razors), inflammable liquids or substances, gas cylinders, car batteries, firearms or any other items which might cause dangers or hazards. Not to use the boat for business purposes. Not to allow on the boat at any time more persons than the maximum number of berths. Not to have or to carry live fishing bait on the boat. At all times to observe all bye laws, navigational limits, or instructions and advice of Canal & River Trust or any other navigational authorities, the company and their respective officers and employees. The company reserves the right at its discretion, without liability, to restrict cruising areas or routes in light of prevailing conditions.
9. Accidents. 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: -Get full details of all other persons involved as well as relevant boat names and registrations. The Hirer must inform the company immediately with full details. UNDER NO CIRCUMSTANCES ADMIT OR ALLOW ANOTHER PERSON ABOARD THE BOAT TO ADMIT ANY LIABILITY TO ANY OTHER PERSON. Not have repairs carried out without the company’s express permission. At all times obtain and follow the company’s instructions. In the event that the company’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 company 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 and other matter from propellers. The Hirer is responsible for and shall indemnify the company against any claim or charge made by any Navigation Authority for damage to waterway property or loss of water. In the event that the Company’s insurance 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 Company in respect of all liability claims, loss damages or expenses incurred. The Hirer is liable for and shall indemnify the Company against any claim or charge made by any Navigation Authority for damage to waterway property or loss of water.
10. Repairs and Breakdowns. The Hirer shall notify the company in the event of breakdown, damage, theft or loss and shall provide full details and shall comply with all company instructions. The Hirer must not allow any repairs, adjustment or service without the company’s prior approval. The Hirer shall have no claim on the company as a result of breakdown or the failures of the boat and its equipment, or for any delays caused by repairs to the boat.
11. Car parking & Hirer’s Personal Property. Free parking for two vehicles is provided for customers by arrangement, although at certain times of the year spaces are limited. The Hirer agrees to comply with the Company’s instructions on car parking. THE COMPANY ACCEPTS NO LIABILITY FOR LOSS OR DAMAGE TO VEHICLES OR THE CONTENTS THEREIN. The Hirer is particularly advised not to leave valuables or ready portable items in cars. The Hirer is strongly recommended to take out Personal Holiday Insurance. The Company shall take such action as may be necessary to silence car alarms in the company’s car parks and to recover the costs from the hirer The Company may return hirer’s property left behind if claimed and following the receipt of payment for postage and packing (minimum charge £10). Property not claimed within two months from the end date will be disposed of by the Company.
12. Fuel. The boat is handed over ready fuelled but the cost of hire does not include the fuel consumed. A fuel deposit of £50.00 is taken at the same time as the damage waiver fee, when the boat is returned it will be refuelled and the difference returned to yourself. Whilst water supply and moorings on the canals are normally free of charge, any costs incurred are the responsibility of the Hirer. Where pump-outs are required to toilet tanks, the cost is the responsibility of the Hirer unless carried out at the Marina.
13. Pets. You are normally allowed to bring your cat or dog with you, but you must tell us at the time of making your booking. YOU MUST BRING YOUR PET BLANKET OR BASKET WITH YOU AS PETS ARE ONLY ALLOWED ON THE CLEAR UNDERSTANDING THAT UNDER NO CIRCUMSTANCES MAY THEY LIE ON THE BEDDING OR CHAIRS. Your pet must not be left unattended on the boat. Pets are not covered under the company’s insurance policy and the Hirer is liable for any costs incurred by extra cleaning and any delays incurred as a cause. Registered Assistance Dogs will be accepted free of charge although all conditions apply.
14. Complaints. The Hirer will check the boat and its equipment fully, immediately after taking possession of the boat. Any shortcomings must be brought to the company’s attention BEFORE the boat leaves the Marina. The Hirer shall sign a Boat Acceptance form before departure and thereafter the Hirer is completely responsible for the boat its equipment and its operation until it is handed back to the company at the end of the hire. Any short comings subsequently discovered shall immediately be notified to the company by telephone in order to give the company the opportunity to take necessary remedial action. The company shall not be liable in respect of any matter not so notified immediately.
15. Brochure & Website. The specification of boats, their accommodation, facilities and equipment in the brochure is intended as a general guide but the Company shall not be liable in the event of any differences in the boat supplied and reserves the right to make modifications. Layout plans are for guidance only and are not to scale and may have steps which are not shown. The Company reserve the right to change boat specifications without prior notice.
16. Damage Waiver (compulsory)The Damage Waiver Fee is £50.00. It is non-refundable and avoids the requirement for a damage deposit payment. There are certain exclusions: - • Return of the boat late • Return of the boat in an unclean condition • Damage arising from negligence, malicious or intentional damage to the boat, its inventory, third party property, the canal and its structures. • Damage to the rudder, skeg or transmission due to contact with a lock cill • Excessive speeding in the boat – the limit is 4 m.p.h. In the event of the above, the Hirer will be liable for all additional costs incurred above and beyond the Damage Waiver.
17. Jurisdiction. The contract between the Company and the Hirer shall be deemed to have been made in England and should be governed in all respect 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 courts in any other country.
18. Waiver. No indulgence, forbearance or delay 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 subsequent breach.
19. Third Parties. No person who is not a party to this Agreement may enforce any term of this agreement. The parties 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.
20. Privacy. The handling and collection of any personal customer data is processed in accordance with local law and is not sold to third parties
21. Rights of Access. The Company reserves the right at any time to board the boat and access its accommodation 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, notwithstanding which you agree to allow the Company or its representative(s) or contractor(s) immediate access to the boat at any time.
22. Acts beyond the parties’ control. The Company will neither be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control, including, without limitation, acts of God, flood, drought or other natural disaster; epidemic or pandemic; civil commotion or riots; any law or any action taken by a government or public authority (including without limitation failing to grant a necessary licence or consent); collapse of buildings, fire, explosion or accident; any labour or trade dispute, strikes, industrial action or lockouts; interruption or failure of utility service; limitations, restrictions or prohibitions by relevant authorities on the use of relevant waterways or boats (“Force Majeure Event”). If You are unable to take up Your booking because of UK government legislation, regulation or guidance or, You may: subject always to availability, transfer Your booking to a later date, free of any administration charges. You will have to pay any difference in price if the cost of the new booking is higher or be reimbursed the difference if the cost of the new booking is lower; or request a voucher with a redemption value equal to the amount previously paid by You for the booking – the voucher terms and conditions will be available to You before You make Your choice under this Condition; or if the Company is required by law to provide it, obtain a refund of any amount already paid by You for the booking and cancel Your booking. If You have to cut short Your booking because of UK government legislation, regulation or guidance, You will be entitled to a pro-rata refund of the Price (to the extent it has been paid), but any insurance premiums, booking fees or administration charges paid will not be refundable. You will have to contact the Company in order to access these options.
23. Disputes. Disputes arising out of or in connection with the Agreement, when they cannot be resolved by negotiation, may, with the written agreement of the Parties, first be submitted to mediation under British Marine’s Dispute Resolution Scheme. Details of the Scheme are available to current British Marine members or on request. (Our Terms & Conditions can also be viewed at www.stanilandboathire.co.uk/terms-of-hire