Terms and conditions of hire
1. CONTRACT Any contract to hire a boat listed in this brochure and current supplements incorporates conditions numbers 2–25 below and is between the boat operator Barnes Brinkcraft and you as the hirer. The contract is made in England and is governed in all respects by English Law.
2. HIRE TERMS All terms are inclusive of VAT and quoted in £ Sterling per week per boat, equipped as described, unless otherwise stated. As soon as the booking is confirmed the hire terms are guaranteed unless there is a change in the VAT rate.
3. EXTRA PERSONS The number of persons indicated for each boat must not be exceeded except where provision for extra persons is specified in individual boat particulars.
4. OPTIONAL EXTRAS Optional extras such as dinghies, etc, may be available at extra charge as stated in the brochure, but are subject to availability on your hire start date.
5. PETS One pet is normally allowed aboard a boat unless otherwise stated in the boat details, at an extra charge. If you wish to take more than one pet, you must obtain prior permission.
6. INITIAL PAYMENT You must send the initial payment as stated on the Booking Form with your completed form. This payment comprises your booking deposit in part payment for the cost of your boat, your subscription to Blakes Cancellation Insurance.
7. LATE BOOKINGS If a booking is made less than 70 days before the holiday start date, full payment must be sent with the booking form. It will be refunded if the booking is not confirmed. Bookings made within 14 days of the holiday start date must be paid by credit card and confirmed by a completed booking form with the issue of a confirmation being deemed to be an acceptance of these conditions.
8. BALANCE OUTSTANDING Once your booking is confirmed you are responsible for the whole of the hire terms. The balance of hire must be paid to Barnes Brinkcraft Ltd no later than 70 days before the hire starting date or as otherwise stated on the Booking Confirmation. No reminders are sent and if the balance is not paid by the due date, right is reserved to cancel the booking and treat it in accordance with Condition l0. In no circumstances are post dated cheques acceptable and Barnes Brinkcraft reserve the right to recover the cost of any bank charges incurred in handling dishonoured cheques, direct debit payments and foreign currencies.
9. ALTERATION FEE To alter any of your holiday arrangements after your booking has been confirmed, you must notify us in writing and we will do our best to help. An alteration fee of £15 may be charged for any revised invoicing required.
10. BOOKING CANCELLATION If you cancel your booking you must immediately notify Barnes Brinkcraft in writing by first class post to their Wroxham address and enclose your Booking Confirmation. Cancellation is effective only from the date of receipt. In all cases of cancellation the deposit is forfeited. Barnes Brinkcraft will endeavour to re-let the boat on the same hire terms, but unless such re-let is obtained you will remain responsible for the payment of the full balance of hire unless your notice of cancellation is received in writing more than 70 days before your holiday start date. Your subscription to the Cancellation Insurance relieves you of all or part of your responsibility for the balance of hire terms and/or deposit if you cancel for one of the qualifying reasons subject to the appropriate excess. Please note that all prices are for the entire boat and not on an individual basis.
Under your contract with the boat operator, in order to qualify for a refund in relation to your booking your reason for cancelling must be one of the following: it must apply to a member of your party, and with the exception of pregnancy must have accured after you booked your trip and must prevent you from taking your trip. Please note that you will not receive a refund for pregnancy where the party member is expected to give birth within 14 weeks of the arrival date home. Illness/Pregnancy (subject to medical evidence of unfitness to travel); Death; Redundancy (provided employment has been on a continuous basis with the same employer for at least 2 years); Jury or witness service (in a court of law); illness or death of a close relative (a close relative is defined as one of the following-Spouse, Son, Daughter (in law), Parent (in law), Grandparent, Sister or Brother , Fiance(e); your home is rendered uninhabitable due to fire, storm, flood, subsidence or malicious damage; your presence is requested by the police, following a burglary at your home or place of business, during the period of your trip or within the preceding 7 days; your unexpected posting by HM Forces or cancellation of leave by HM Police (unless the cost of the lost trip is recoverable from any other source); or compulsory quarantine. You may also receive a full refund if you are unable to reach your destination due to snow or flood conditions or as a result of being involved in an accident on route (NB : this only applies if you have made every effort to attempt to complete your journey. You will need to produce evidence from the police , RAC or AA). Although a refund is available in these circumstances you may prefer to delay your arrival. In these cases a 25% refund is available for each 24 hour delay, up to a maximum of 72 hours = 75% (for short breaks, a fixed refund of 50% applies for all arrivals delayed for more than 24 hours). You will be asked to complete a booking cancelation form which may require signing by a Medical Practitioner or employer and in which we may request further information from a third party.
The following reasons for cancellation do not qualify for a refund as set out above: suicide or attempted suicide, intentional self injury, the effect of intoxicating liquor or drugs, or any other reason which is not specifically referred to. Where the reason for cancellation does not fall within one of the qualifications for a refund as set out above, eg; disinclination to travel, leave cancelled by employer (other than HM Forces or the Police)etc... a cancellation charge will be payable, levied by the boat operator, based on the number of days before the arrival date at the property that the company receives notification of your cancellation, as shown in the following list. This means that if you have paid the balance of your total booking cost and then have to or wish to, cancel you may receive a refund of part of such cost. However, if you have not paid your otal booking cost including, where purchased, the premiums for any insurances, by the time of your cancellation, you may be required to make a further payment by way of cancellation charge. For the purpose of the list below, boat cost means the total cost of the boat booking, including any extra items. Any insurance premiums, booking fees, credit card charges and administration fees for making any changes will still be payable in full by you.
Please note that such insurance premiums, booking fees, credit card charges and administration fees are not refundable in the event of your cancellation.
Number of days before start date of your arrangments that notification of cancellation has been received by us.
More than 70 days = Full deposit Including any balance of deposit due
29-70 days = 50% of boat cost or full deposit including any balance of deposit due whichever is greater.
15-28 days = 75% ofthe boat cost
14 days or less = 90% of the boat cost
On arrival date or later = full boat cost
The cancellation charge as a % of total cost (plus all booking fees, insurance premiums, credit card charges or administration fees payable by you.
11. NON-ARRIVAL If you do not arrive at the boat yard by midday on the day following your hire start date, and you have not advised the boat operator that you will be late, the boat operator shall be entitled to place the boat for re- let forthwith. Under the foregoing circumstances and in accordance with Condition 10 above, if the boat is not re-let you are responsible for the balance of hire; or if the boat is re-let for only part of the period of hire, you are responsible for the remaining portion of the balance of hire.
12. BOARDING OF BOAT Unless otherwise stated in the brochure, the normal time for boarding the boat is 4pm on the hire start date. Boats are let on the understanding that the boat operator will give you a trial run to explain the controls of the boat and its equipment, after which you are responsible for the boat (see also Condition 19). If the boat operator is prevented by circumstances beyond his control from making the boat available and cannot provide a suitable alternative, he will refund all monies paid by you but no further liability will be accepted. You should notify the boat operator of any deficiencies in equipment on the boat before the boat leaves the boat yard. Failure to do so may render you liable for payment in accordance with Condition 19. Any shortcomings later discovered should be notified to the boat operator so that they can be remedied for you. No claims can be considered after your holiday for short comings not so notified.
13. RETURN OF BOAT Unless otherwise stated in the brochure you must return the boat (including all its gear and equipment) in a clean and tidy condition to the boat operator at the boat yard where it was hired by 9am on the final day of Hire. The boat operator may make a charge if the boat is not returned on time or if it is not returned in a clean and tidy condition.
14. MINORS Bookings from persons aged under 18 years cannot be accepted.
15. UNSUITABLE HIRERS The boat operator reserves the right to decline to accept a booking or refuse to hand over a boat to any person or group where in the opinion of the owner or operator facilities are not suitable for the person or any group member on the grounds of age, ill health, disability, inexperience or any other reason. In such case all sums paid shall be refunded in full and the contract shall be discharged without further liability on either party. The boat operator reserves the right to repossess the boat at any time where a serious accident or damage has occurred or in the opinion of the boat operator is likely to occur because of the unsuitability of the hirer due to age, ill health, disability, inexperience or any other reason. In such cases, the boat operator shall not be liable to make a refund of any portion of the hire terms paid.
16. HIRER’S EQUIPMENT You may not take on the boat, without the boat operator’s prior permission, portable heaters of any type, lighting equipment or anything which may cause danger to the boat, its equipment or its occupants.
17. FUEL Unless otherwise stated in the brochure fuel will be charged extra according to the amount used.
18. INJURY OR DAMAGE TO YOU OR YOUR PROPERTY The boat operator is not liable for death, personal injury, or loss or damage to you or your property, or any property belonging to or in the possession of the hirer or any member of the hirer’s party (including any motor cars parked at the boat yard or their contents) unless it is caused by the boat operator’s negligence or wilful default.
19. DAMAGE WAIVER The boat is insured but you are responsible for it and for its gear and equipment. You are expected to take all reasonable care of it and to report and pay for any damage or for equipment lost, damaged, broken or stolen. All equipment, utensils, etc, must be returned in a clean condition at the end of the hire period. A Security Deposit or Damage Waiver is normally payable with the balance of hire terms and a guide to the amount charged is shown in this brochure. Boat owners reserve the right to vary the amount of Security Deposit charged. With the exception of wilful or criminal damage for which you are totally liable, you are responsible for loss or damage to the craft, its equipment or to any Third Party up to this amount. If no loss or damage is incurred and the craft has not been involved in any accident the Security Deposit will be repaid to you.
20. NAVIGATION RESTRICTIONS On no account may you:
(a) Tow, or be towed by, other cruisers unless with professional assistance.
(b) Cruise after dark (your boat is not equipped or insured for night navigation).
(c) Permit your boat to be taken out to sea or
(d) Permit your boat to take part in any race.
You must navigate in accordance with current bye laws and must observe the speed limits applicable to the waterway. On the Norfolk Broads no boats may be taken below Haven Bridge, Great Yarmouth, or through the lock at Oulton Broad. Navigational limits are referred to in the brochure and more detailed information will be provided at the boat yard.
21. ACCIDENTS You have charge of the boat and are responsible for its safe navigation. No minor may control the boat without the supervision of an experienced adult. In the case of any accident or damage to the boat or to other craft or to waterway property it is your responsibility to:
(a) Find out the name of any boat involved together with names of its owner and hirer, and:
(b) Report these facts to the boat operator together with full details of the damage as soon as possible. No repairs may be put in hand without the boat operator’s consent.
22. LOSS OF WATER You are responsible for any charge made by waterways authorities in respect of loss of water or damage to waterway property caused by you while in charge of the boat.
23. BOAT DELAYS or CURTAILMENT Every boat is checked before the start of each hire cruise so it is unlikely that your boat will suffer a mechanical breakdown. If a breakdown of any kind should occur, you must report it to the boat operator immediately so that steps can be taken to repair and enable you to resume your cruise. Provided that the boat operator is so informed, he will take steps to repair the boat and/or its equipment as speedily as practicable in the circumstances. Apart from the above obligations, the boat operator shall not be liable whatsoever in respect of any direct or consequential loss or damage that you may suffer, whether financial or otherwise, as a result of such breakdown. The boat operator shall not be responsible for the consequences of delays or restrictions of cruising arising from obstructions, repairs or damage to navigation works, flooding shortage of water, industrial action, fuel rationing, shortage of or non-availability of fuel, or other cause; and the boat operator reserves the right
to restrict cruising if unusual or hazardous conditions prevail.
24. MODIFICATIONS and DESCRIPTIONS Every effort has been made to ensure that individual boat descriptions contained in the brochure are correct. However, the right is reserved to make modifications to boat specifications that are considered necessary in the light of operating requirements. If material changes occur after your booking is confirmed you will be advised by telephone and, if there is time before your departure, confirmed in writing. The changes will be confirmed on the Booking Confirmation. Layout plans in the brochure are for general guidance and are not to scale. Illustrations of standard production built boats are sometimes used and the exterior colour scheme of your boat may therefore not be identical with the one in the brochure.
25. DISPUTES Any dispute, difference or question which may at any time arise out of the contract or the subject matter thereof shall be referred to a single arbitrator to be agreed upon between the parties (or failing agreement to be nominated by the Chartered Institute of Arbitrators on the application of either party) in accordance with the provisions of the arbitration Act, 1950, or any statutory modifications or re-enactment thereof for the time being in force.
These conditions supercede all previous issues