...Conditions of Hire
Please read these 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 Anglo Welsh Ltd trading as Anglo Welsh Waterway Holidays.
“The Company” means Anglo Welsh Ltd trading as Anglo Welsh
Waterway Holidays.
“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. A booking is a legally binding contract. Submission of a booking form
is an offer by the Hirer and an agreement to the Company’s Terms
and Conditions. The booking agreement is offered only if and when
the Company issues a written boat hire confirmation.
The entire contract between the Company and the hirer is contained in
these conditions, the booking form and the boat handover certificate.
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 by writing, advertisement or conversation. No
Agent or representative of the Company has any right to alter or vary
or waive any of these conditions. Nor is any such person authorised to
undertake any liability whatsoever on behalf of the company.
Where more than one boat is booked on the same booking form each
boat shall be deemed to the subject of a separate contract.
3. Group Bookings, Age Limits and Unsuitable Hirers. The Hirer must be aged 21 years or older. The Hirer
warrants that whenever the boat is driven by a person aged under 21, that they
will at all times be under the close supervision of a competent person
aged 21 years or older. The Hirer warrants that two able body people aged 21
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 base, 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.
Anglo Welsh 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 £250 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 Anglo Welsh 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.
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.
The company reserves the right to levy an administration charge of£35 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 on the due
date. The company may, at its discretion, waive the balance fee if
the company successfully re-lets 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.
5. Hire Period, Collection and Return of the Boat. The hire period is as shown on the booking confirmation sheet.
The company will make every effort to make the boat ready for
the Hirer between 3.00pm and 4.00pm on the start date. The Hirer
must notify the company of any likely delay in the Hirer’s arrival as
soon as possible by telephone. 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 base no later than 9am on
the morning of the end date. The boat shall be vacated and left in
a clean and tidy condition by 9.30 am on the morning of the end
date.The boat may not be returned to the base early except by prior
arrangement in writing with Anglo Welsh’s Head Office. Hirers are
responsible for ensuring their cruising schedule allows them ample
time to return to the base by the stated time. Breach of this condition
will incur a minimum additional charge of £35 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
base, the Hirer shall be liable for all costs incurred.
6. Prices and Payment. All prices stated are inclusive of V.A.T. and are subject to any changes
in V.A.T. rate prior to the final payment being made.
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,
inflatable's, portable heaters, barbecues of any kind, bicycles, 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 byelaws, navigational limits, or
instructions and advice of British Waterways 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.
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 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.
12. 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.
13. 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
base. 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 shortcomings 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.
14. Exemption. 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 their crew and passengers, loss or
damage to property, non-fulfillment or interruption of the booking
or breakdown delays, mechanical problems, defects, damage,
restrictions or obstructions, repairs or damage to waterways, non
availability of routes, navigational works, storms, floods, droughts,
ice, or in respect of any consequential loss, damage, injury, expense
or claim.
15. Brochure & Website. The brochure and website is intended as a general guide and the
company will not be liable in the event of any differences in the boat
supplied and reserves the right to make modifications.
IF THE HIRER’S PARTY INCLUDES ANY INFIRM PERSONS,
THE HIRER MUST MAKE RELEVANT ENQUIRIES AT TIME
OF BOOKING.
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 sill
• Excessive speeding in the boat – the limit is 4m.p.h.
In the event of the above, the Hirer will be liable for all additional costs incurred above
and beyond the Damage Waiver payment.
Cancellation Protection Scheme
A contract exists once a deposit has been paid and a booking has been
confirmed, and you are liable for the whole cost of the holiday even if you
are unable to take your holiday. Anglo Welsh Ltd. has created a Cancellation
Protection Scheme (CPS) to offer you protection against this liability in
certain circumstances.
The CPS is calculated at £21 per short break holiday, and £33 per one week
holiday, and multiples thereof. Where any of the qualifying circumstances are
met, all hire monies will be repaid in full less the CPS contribution fee and the
Hirer will be absolved from any balancing hire payment. The decision of Anglo
Welsh Ltd. is final. CPS only covers complete cancellation prior to the start of the
holiday. It does not give a pro rata refund if one or more persons are unable to
take the holiday. Cover is only provided for those persons named on the
booking form. Any claim must be supported by documentary evidence.
Any claim must be made at the earliest opportunity by telephone and backed
up in written form via Recorded Delivery Mail.
Qualifying circumstances include:
- Death, injury, illness, pregnancy complications or confinement immediately
prior to holiday commencement (certified in all cases by a qualified registered
Medical Practitioner in writing)
The above circumstances would also apply to a near relative (husband, wife,
father, mother, parent-in-law, sister, brother, child) or a close business associate.
Jury Witness service in a court of law. Fire, storm, flood, subsidence or malicious
damage making the Hirer’s home uninhabitable Police requiring the Hirer’s
presence following burglary at home or place of business. Cancelled leave
orders in respect of U.K. Police and Military Personnel.
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