“The Company” means Whittington Wharf Narrowboats 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. “The price” means the price for the booking 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. 

 

A booking is a legally binding contract. Submission of a complete 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 credit card when acceptance though the Hirer shall also complete a booking form. 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 authorised to undertake any liability whatsoever on behalf of the Company. These conditions can only be varied with the written permission signed by 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 statement or representation does not form part of the Contract. In accepting a booking, the Company's responsibility does not exceed 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. 

 

The Hirer must be aged 18 years or over. Though there is no age limit for steering 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 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. Where a boat is occupied by a group comprising mainly of young people, the Hirer warrants that at all times a responsible person aged more than 18 years will be in charge of the group. The Hirer must provide on the booking form full details of all persons in their party. 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. 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, who have failed to demonstrate a reasonable standard of competence following appropriate instruction in boat handling, suspected influence of alcohol or drugs, or for any reason that may adversely affect safety or the commercial interests of the Company. In this event the Company will not refund any monies paid for boat hire and the contract shall be discharged without further liability on either party. The Company may repossess that 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 the event the Hirer shall remain liable to pay the hire price and no refund shall be due. 

 

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 or email. The Company reserves the right to levy an administration charge of £35.00 for any alteration to a booking made by the Hirer, after a Booking Confirmation has been issued. 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. It is therefore strongly recommended that the hirers protect themselves against cancellation liability by taking out cancellation protection. 

 

 

The hire period is as shown in the booking confirmation. IT IS VERY IMPORTANT THAT YOU ARE AT THE BASE IN TIME TO COLLECT YOUR BOAT. THE “WINDOW” FOR ARRIVAL IS 14.30 – 16.30. YOU MUST ARRANGE TO ARRIVE AT THE BASE WITHIN THIS “WINDOW”. YOU MUST ARRIVE AT THE BASE IN TIME TO BOARD YOUR BOAT AND HAVE PROPER INSTRUCTION BEFORE YOU WILL BE ALLOWED TO CRUISE. Check in for holidays is from 14.30. In order to cruise on the first day of your holiday you must arrive at the base before 16.30. If you arrive after 16.30 you may not have a “boat handover” and you will not be able to cruise. Our base closes at 17.00 and you will not be able to gain access. The Hirer must notify the Company of any likely delay in arrival as soon as possible. Before the Hirer departs with the boat the Company will give the Hirer such instructions, demonstrations and trials as it thinks fit and require the Hirer to check and sign for the contents, inventory and Boat Acceptance. 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 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 between 9.00 and 9.30 and be vacated in a clean and tidy condition no later than 10.00 on the end date. 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 an additional charge of £50.00 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 a Company has to recover a boat and return it to the base, the Hirer shall be liable for all the costs involved. Where operational circumstances make it necessary 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 circumstance the Company will where necessary provide transport to the original base. 

 

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 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 total price. The balance of the price is due not less the 6 weeks before the hire start date. Time of payment shall be of the essence of the contract. For bookings made within 6 weeks before the hire start date payment in full must accompany the booking form. 

 

The Company insures the boat and its equipment and inventory against public liability risks. The Company's insurance does not cover personal accidents of 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 non-refundable accidental damage waiver of £50 for each booking included in the booking price. 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. 

 

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. 

 

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:- Obtain and record 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 shall notify the Company if any of these operations cannot be carried out without risk of accident or damage. 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. 

 

The Hirer shall take reasonable care of the boat, its equipment and contents and shall return them at the end of the hire period in accordance with the Company's instructions and in good clean and tidy order and conditon. 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. The Hirer shall comply with the Company's instructions, otherwise the Hirer shall be liable for any loss or damage incurred. 

 

Free parking is provided for customers. 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 readily portable items in cars. The Hirer is strongly recommended to take out Personal Holiday Insurance. The Company may return Hirer's property left behind if claimed and following the receipt of payment for postage and packing. Property not claimed within two months from the end date will be disposed of by the company. 

 

The boat is handed over ready fueled and the price includes the cost of fuel comsumed. If refueling becomes necessary, it may only take place at the premises of suppliers designated by the Company. The Company will only reimburse the cost to the Hirer for fuel purchases that are authorised and in the case of gas on a like exchange, and on the presentation of a receipt. The Company may make a fuel surcharge if there is any material increase of diesel or gas prices or duty. 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 responsibily of the Hirer unless carried out at the Company's base. 

 

Pets are allowed on all boats at an additional cost of £15 per pet ( maximum 3 pets per boat), 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. 

 

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 noticed 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 noticed immediately and in any event shall not be liable in respect of any matter which is notified after the end of the hire period. 

 

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-fulfilment 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. 

 

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. 

 

The Damage Waiver Fee is £50.00. It is non-refundable and avoids the requirement for a damage deposit payment. The Damage Waiver does not include these conditions in the following list:- Late return of the boat, 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. 

 

The contract betweeen 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 courts in any other country.