Terms & Conditions of Hire
In these conditions and agreement:
“The Company” means Venetian Hire boats and Chandlery Limited and agents who are approved by “the Company” to act on its behalf.
“The Company” also means the owner, owners of the boat to be hired, or their legal representatives.
“The Hirer” means the person or persons named on the booking confirmation. Where there is more than one Hirer they shall be individually responsible and liable under this agreement.
“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 the 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
“The period of hire” means the period between the start date and the end date.
2. Booking Agreement
The parties acknowledge and agree that the Company is authorised to enter into contracts with Hirers and to collect payment from Hirers and to otherwise manage the hiring of boats to Hirers.
A booking is a legally binding contract between the Hirer and the Company. Submission of a completed booking form is an offer by the Hirer and the booking agreement is made only if and when the Company gives a written boat hire confirmation. Telephone bookings do not create legal agreements and any offer by the Company to hold a reservation is not legally binding except where the booking deposit is authorised by the Hirer by debit card or credit card, either in person or by telephone, when accepted by the Company shall confirm the booking agreement.
The entire contract between the Company and the Hirer is contained in these Conditions, and the booking form, and to the extent permitted by law 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, other than excepted below, nor is any such person authorised to undertake any liability whatsoever on behalf of the Boat Owner.
These conditions can only be varied with the signed written permission of a Director 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 Company does not take “Group Bookings” other than for the Day Boat hire on Barcarolle
The Hirer must be aged 21 years or over. Though there is no age limit for driving the boat, the Hirer warrants that whenever the boat is driven by a person aged under eighteen years they will always be under the close supervision of a competent adult.
The Hirer, or a suitable number in the party, must be of sufficient physical ability as to be able to safely operate the boat, locks and swing bridges along the proposed route. The party must be able to evacuate the boat in an emergency.
The Hirer must provide on the booking form full details of all persons in their party and any disabilities that may affect the operation of the boat. (Disability does not preclude the hiring of a boat if the preceding conditions are met)
The Company may, at its discretion cancel any booking made in contravention of this condition before or at the start date. In this event, any money paid will be forfeit and any balance payment will remain due unless the Company is able to re-let. If the Company is able to re-let the Hirer will remain liable for 15% of the price to cover administration expenses.
The company is responsible, under the Law, for ensuring that the Responsible Person, is instructed in the operation, handling, safety features, emergency drills and etiquette of cruising the canals. The Company may, at its discretion, cancel the booking and refuse to hand over the boat to any person or group who in its opinion is not suitable to take charge on the grounds of infirmity, ill health, disability, suspected influence of alcohol or drugs 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 boat hire and the contract shall be discharged without 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 reasons given above 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 higher price and no refund shall be due.
4. Hire Period, Collection and Return of Boat
One/Two Week Hire
The Hire Period is from 2:00 pm on the first day of hire until 10:00 am on the last day of hire.
The hire period will be shown in the booking confirmation. The Company will endeavour to have the boat ready for the Hirer by 1.00 pm on the start date so that the loading of personal effects can begin early. The hirer must notify the Company of any likely delay in arrival as soon as possible by telephone or acknowledged email. Before the Hirer departs with the boat the Company will give the Hirer instruction in the operation, handling, safety features, emergency drills and etiquette of canal cruising, as well as the safe navigation of locks, tunnels and swing bridges, to a Canal and River Trust approved schedule. The Company will require the hirer to check and sign for the contents, inventory and Boat Acceptance.
Day/Short Break Hire
The Hire Period is from 9:00 am on the first day of hire until 5:00 pm or dusk whichever is the earliest on the last day of hire.
The hire period will be shown in the booking confirmation. The Company will endeavour to have the boat ready for the hirer by 9:00 am on the start date so that the loading of personal effects can begin early. The hirer must notify the Company of any likely delay in arrival as soon as possible by telephone or acknowledged email. Before the hirer departs with the boat the Company will give the hirer instruction in the operation, handling, safety features, emergency drills and etiquette of canal cruising, as well as the safe navigation of locks, tunnels and swing bridges, to a Canal and River Trust approved schedule. The Company will require the hirer to check and sign for the contents, inventory and Boat Acceptance.
The boat shall be returned to the Company’s hire base and be vacated in a clean and tidy condition no later than the time stated in the contract. Hirers are responsible for ensuring that their cruising schedule allows time for unforeseen contingencies so as to permit their return and vacation of the boat by the scheduled time. Breach of this condition will incur a minimum additional charge of £50 per hour or part thereof. In addition, the hirer will be liable for any extra costs, and/or damages incurred, by the Company, as a result of the boat not being available, on time, for the next hirer. Where the Company has to recover a boat and return it to the base, the hirer shall be liable for all the costs involved.
In the event that the boat is not available because of circumstances beyond the Company’s control, the Company may substitute a boat of similar accommodation. 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. Substitution of a boat of similar accommodation will not create a new contract between the hirer and the Boat Owner of the new boat subject to all the terms set out in these Conditions and the booking form.
Where operational circumstances make it necessary, (canal closures) the Company reserves the right to require the boat to start from, or return to, a place other than its normal base of operation. In such circumstances, the Company will where necessary provide transport to the original base.
5. Prices and Payment
Prices are inclusive of any VAT which is chargeable and are subject to any change in the VAT rate prior to the settlement of the price in full. The booking confirmation and receipt are not VAT Invoices. A VAT receipt will be issued upon request.
Prices published are the prices paid. The Company does not charge extra for fuel, gas or car parking.
Prices are in pounds sterling. 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. Electronic transfer is the company’s preferred method of payment.
For the one week and two week hire periods a booking deposit must be paid at the time of booking and is set at 15% of the total booking fee. The balance of the price is due not less than 8 weeks before the hire start date. For bookings made within 8 weeks before the hire start date payment must be made in full.
Bookings for the day/short break boat must be paid for in full at the time of booking.
Without prejudice to any other rights of the Company, it may charge interest (both before and after any judgement) at the rate of 2% 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 today.
6. Cancellations and 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, or by acknowledged email. The Company reserves the right to levy an administration charge of £40 for any alteration to a booking made by the hirer after it has issued a booking confirmation. In the event of a cancellation, the deposit will be forfeited and the hirer will pay the balance price on the due date.
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 minus 15% of the hire charge as an admin fee. In the event of the operator being unable to re-book the boat, the hirer will remain responsible for the full hire price.
Insurance, Damage Waiver and Damage Deposit
The company insures the boat and its equipment and inventory 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 advised to take out their own personal insurance cover. The price for the booking does include an accidental damage waiver. Accidental damage waiver excludes (i.e. does not cover the hirer for) damage arising from speeding, contact with a lock cill causing damage to the rudder, skeg, capsizing or stern gear, TV aerials, Navigation lights or any other contact with an upper structure of the vessel with a low bridge or tunnel or other such incident with a clearly visible low hanging hazard, wiers or other obstacle or hazard that should be obvious and easily avoided, malicious or intentional damage to the boat. Also excluded is malicious or intentional damage to other boats and property and the late return of the boat and return of the boat in an unclean condition. 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. Where cover is provided by the company’s policy and the hirer is found to be at fault or where the accidental damage waiver does not apply, the hirer will be liable for the payment of the excess on the company’s insurance which stands at £500.
8. Safety Rules
The Hirer agrees to comply with the following rules at all times in order to ensure the safety of all persons on the boat and for safeguarding the boat and property:-
- Not to tow any other craft, or allow the boat to be towed, except in the event of breakdown or emergency and only after receiving the approval of the Company.
- Not to cruise between sunset and sunrise. The boat is only equipped for cruising during daylight hours and it is illegal for the Company’s boats to do so without the necessary equipment.
- To observe all speed limits, not to race and not to cruise at a speed which creates a breaking wash, or disturbs, or inconveniences other waterway users.
- Not to take, or to have on the boat, without the prior written permission of the Company, any dinghies, canoes, portable heaters, bicycles, vehicles, lighting equipment, electrical appliances, medical or otherwise, (other than razors) inflammable liquids or substances, gas cylinders, barbecues, car batteries, firearms or any other items which might create 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 stipulated on the makers’ plate. (In general, this is 2 more than the number of berths on the boat)
- To give way to passenger boats, cargo boats, sailing craft, rowing boats and other human propelled craft.
- Not to take the boat to sea, on to tidal waters, or on to rivers without the express prior written permission of the Company.
- Not to have or carry any live fishing bait on the boat.
- To observe, at all times, all bylaws, navigational limits or instructions and advice of the Canal and River Trust (formerly British Waterways) and other navigational authorities and the Company and their respective officers and employees.
- To comply with any mooring restrictions and charges, and to be responsible for any fines levied for not doing so.
The Company and the Boat Owner reserve the right at their discretion without liability to restrict cruising areas or routes in the light of prevailing conditions.
9. Accidents and Incidents
The hirer is in charge of the boat and is responsible for its safe navigation and return. In the event of an accident, incident or damage to the boat, other craft, or other waterway property, the hirer must:-
- Obtain and record a full record of the names, registration numbers, and any other details available, of the other boat, and the names and addresses of all parties involved.
- Notify the Company by telephone immediately with full details of the accident including damage incurred.
- Not, not in any circumstances admit or allow other persons on the boat to admit liability to any other person.
- Not carry out, or have carried out, repairs without the consent of the Company.
- Obtain and follow the Company’s instructions. In the event of an accident, the Company may repossess the boat and the hiring contract shall then terminate without liability on the Company.
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 all liability claims, loss, damage 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. Damage, Breakdown and Repairs
The Hirer shall take reasonable care of the boat, its equipment and contents, and shall return them at the end of the holiday in accordance with the Company’s instructions and in clean and tidy condition.
- The Hirer shall carry out the daily maintenance tasks, as instructed at the start of the holiday.
- The Hirer shall notify the Company in the event of breakdown, damage, theft or loss and shall provide full details in order to comply with the Company’s instructions.
- The Hirer must not undertake or have undertaken any repairs, adjustment or service without the Company’s prior approval. Any repairs or replacements by the Hirer without the Company’s approval will not be accepted.
- 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 shall notify the Company if any of these operations cannot be carried out without risk of accident or damage.
- The Hirer shall have no claim on the Company as a result of breakdown or failures of the boat and its equipment or for any delays caused by repairs to the boat.
- The Hirer shall comply with the Company’s instructions; otherwise, the Hirer shall be liable for any loss or damage incurred.
11. Hirer’s Property
The Company provides a secure, gated car park at the Venetian Marina. Vehicles may be left in the Company’s secure car park at their own risk. The Company accepts no liability for any loss or damage to vehicles, vehicle contents, personal effects of the Hirer or the Hirer’s party, either on the boat or elsewhere, or howsoever caused, except by the negligence of the Company or its employees or agents. Hirers are particularly advised not to leave any valuable or portable items in the car.
The Company shall 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.
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, Water and Pump Out
The boat is handed over ready fueled and the cost of the fuel used during the holiday is included in the holiday price. The water tank is also full and the toilet tank is empty at the time of handover.
Canal and River Trust water points provide free replenishment of water. The toilet tank should not require emptying during the booking period. However, the cost of a “pump out” will be reimbursed if a prior agreement of the pump out has been obtained by phone from the Company.
Within the Venetian fleet, all boats are designated “Pet-friendly” and as such pets are allowed on the boats but must be put on the booking form. Hirers must provide their own pet baskets or blankets. All pets must be properly house trained or caged as appropriate and MUST NOT be left unattended on the boat.
UNDER NO CIRCUMSTANCES ARE PETS ALLOWED ON THE BEDS
Pets are not covered by the Company’s Insurance and the Hirer shall be liable for the cost of any damage caused by the pets.
The Hirer shall check the boat its contents and equipment fully, during and immediately after taking handover. In the unlikely event of any deficiencies or shortcomings, the Hirer must notify the Company before the boat leaves the marina so that the discrepancy can be remedied. The Hirer shall sign the 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 period of hire. Any shortcomings subsequently discovered shall immediately be notified to the Company by telephone in order to give the Company the opportunity to take any necessary remedial action. 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 hire period, as the boat may then have been taken over by another hirer and may not be available for inspection.
Note; The Company is fully aware that breakages do happen on canal boats. Reasonable breakages to cups, glasses and incidentals must be notified to the Company at the end of the hire period so that the inventory can be replenished but no recovery action will be taken.
The Company shall not be liable for any matters arising from any cause beyond the Company’s control or not due to the Company’s negligence or wilful neglect of duty including (without limitation) death or personal injury of Hirers and their party, loss or damage to property, non-fulfilment or interruption of the booking or delays, breakdowns, mechanical problems, defects, damage, restrictions or obstructions, repairs or damage to waterways, unavailable routes, storms, floods, droughts, ice, shortage of water or other weather conditions, shortage or unavailability of fuel or in respect of any consequential loss, damage, expense, injury or claim.
Hirers are recommended to take out personal holiday insurance cover.
The Company will make its best efforts to resolve all disputes, that may from time to time arise, to the agreement of both parties. Should it not be possible to reach a resolution, it may be referred, at the Company’s discretion, to a single arbitrator to be agreed between the parties.
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 still bring any legal proceedings against the Hirer from courts in any other country.
No indulgence, forbearance or delay by the Company shall constitute any bar to the 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 subsequent breach.
Venetian Hire boats and Chandlery Limited
Venetian Marina, Poole, Nantwich, Cheshire, CW5 6DD
Registered Office: 21 Pentre Close, Ashton Hayes, Chester, CH3 8BR
Registered in England No 0835060 VAT Registration No 153 5114 38