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The following conditions of hire have been produced by the Association of Pleasure Craft Operators, sponsored by the
British Marine Federation and approved by the Royal Yachting Association.
Please read these conditions carefully. They are all part of the hire agreement and describe the rights and duties of
both you and the Company.
1 DEFINITIONS
In these conditions and the Agreement the following words have the following meanings:-
“Agreement” means the Hire Agreement between You and the Company which is evidenced by your booking request and the
Booking Confirmation and is made on the basis of these Conditions. “Booking Confirmation” means the written confirmation issued
to You by the Company confirming the hire period, price, place of delivery and other key particulars of the booking. "Company"
means Farncombe Leisure Limited, Trading as Farncombe Boat House of Catteshall Road, Godalming GU7 1NH. "You" means the
person or persons named in the Booking Confirmation. If there is more than one of You each of You shall be individually responsible
for complying with the Agreement. "Conditions" means these Boat Hire Conditions. "Price" means the price in the Booking
Confirmation. "Start Date" means the start date in the Booking Confirmation. "End Date" means the end date in the Booking
Confirmation. “Hire Period” means the hire period in the Booking Confirmation. “Written” means that the item has been printed,
typed, written out by hand or sent or displayed by email or other electronic means.
2 AGREEMENT TO HIRE
2.1 When You request a booking you are making an offer to hire a boat on these Conditions. The Hire Agreement itself only comes
into existence when the Company sends out the Booking Confirmation. A provisional or conditional booking is not binding and You
may cancel it at any time before the Booking Confirmation is sent out to You by the Company. Similarly the Company may hire the
boat to another party in place of you at any time before a Booking Confirmation has been sent to You. The entire Agreement
between You and the Company is contained in these Conditions, the booking request and the Booking Confirmation.
2.2 Nothing in
these Conditions affects Your statutory rights.
3 PRICES AND PAYMENT
3.1 The Company’s advertised Prices are in pounds sterling and include Value Added Tax at the current rate and, where applicable,
Insurance Premium Tax. 3.2 The Company reserves the right to correct errors in advertised or quoted prices at the time of booking
Confirmation. 3.3 Payment is deemed to have been made when cleared funds are received in the Company’s bank account. 3.4 The
Deposit is payable at the time of the booking request. 3.5 The balance of the price, including the Damage Waiver is due not less
than 8 weeks before the start date. Time of payment shall be of the essence of the Agreement. 3.6 For bookings made less than 8
weeks before the start date You must pay the full price including the Damage Waiver at the time of the booking request. 3.7 The
Company may charge interest at 3% pa over Bank of England base rate on any money which is overdue from the due date until the
actual date of full payment.
4 YOUR PARTY - Personal agreement and obligations
4.1 The Hire Agreement is a personal one between You and the Company and Your identity is a material factor in the Company’s
decision to enter into the Agreement. You must be at least 25 years of age at the time of booking. You must be authorised by all
other members of Your party to enter into the Agreement on their behalf. The full names, ages and permanent addresses of all
members of Your party must be provided to the Company at the time of takeover. All changes in Your party (the addition,
substitution or removal of any member of the party) which take place during the hire period must be communicated in writing and
approved by the Company (such approval is not to be unreasonably withheld). You are responsible for making all members of Your
party aware of the terms of the Agreement.
School parties, youth groups, hen or stag parties, business purposes
4.2 The Company’s general policy is that it will not enter into Hire Agreements for school parties, youth groups, hen or stag parties
or for any commercial purpose without more information about the members of the party and the purpose and nature of the hire
occasion. You will be charged additional damage deposits on arrival as shown on your booking confirmation (see item 8). If the
Company later becomes aware that Your party actually falls within this policy but that You have not disclosed it to the Company then
the Company may terminate Your booking. In this event the deposit and any other part of the Price which you have paid will be
retained by the Company and you will remain liable to pay the balance of the Price.
The use of alcohol and controlled drugs; Company’s right of immediate cancellation
4.3 The boat shall not be navigated while anyone on board is, or appears to be, under the influence of alcohol or drugs and the
Company may cancel your booking and refuse to hand the boat over to you or repossess it if you or any member of your party is or
appears to be under the influence of alcohol or drugs. In such a case the Company shall be entitled to recover any loss, damage
and expense from the monies already paid by You and if this is insufficient to cover its loss it shall be entitled to bring a claim
against you for the balance of such claim.
Company’s right to decline handover for safety reasons
4.4 The Company may cancel your booking and refuse to hand the boat over to you if, in its reasonable opinion, You are unsuitable
to take charge of the boat for any reason that may adversely affect the safety of any person or property. In this event (and
provided that You have fully complied with your obligations under this Agreement) the Company will refund the Deposit and any
other monies which You have paid to the Company and the contract shall be discharged without further liability on either party.
Company’s right to repossess during the hire
4.5 The Company may repossess the boat at any time after commencement of the Hire Period if in the reasonable opinion of the
Company You are unsuitable to be in charge of the boat for any reason affecting the safety of any person or property including in
particular if You or any member of your party is or appears to be under the influence of alcohol or drugs or if You are not behaving
responsibly or if there has been a material breach of the terms of this Agreement.
5 CANCELLATIONS AND CHANGES REQUESTED BY YOU
5.1 The Agreement is a legally binding contract and may only be cancelled in accordance with these Conditions. 5.2 If You want to
cancel or change Your booking you must give the Company written notice. The date of receipt of the written notice shall be the
effective cancellation date but in order to increase the prospects of re-letting the boat You should pre-advise the Company of the
impending cancellation by telephone. 5.3 The Company shall make the following charges for cancellation, depending on the date on
which the Cancellation Notice is received:
Days before Start Date when Cancellation Notice
received -
Cancellation Charge
More than 56 - Loss of Deposit (including any part of the deposit which has not yet been paid)
43 -56 - 50% of Total Price
29 -42 - 70% of Total Price
8 -28 - 85% of Total Price
7 or less - 100% of Total Price
5.4 Your hire charge includes cancellation insurance – see separate document for qualifying reasons. Insurance premia and credit
card charges are non-refundable whatever the date of cancellation. 5.5 If the Company re-lets the boat to a new customer for the
Hire Period or part of it the Company will return the cancellation charge which You have paid in respect of any days for which it has
re-let the boat after deducting an administration fee of £50 in total together with any insurance and credit card charges which the
Company has incurred.
6 CANCELLATION BY THE COMPANY
6.1 The Company may cancel the Agreement by written notice in the following circumstances:
6.1.1 For any of the reasons described in Conditions 4.2, 4.3, 4.4 or 4.5.
6.1.2 In the event of an accident affecting the safety or
navigability of the Boat.
6.1.3 For breach of any of the rules set out under Condition 9.1.
6.1.4 For non-payment of any sum due
under the booking. 6.2 The Company is entitled to recover from You any loss which it suffers as a result of cancellation under any of
the provisions of Conditions 4.2, 4.3 or 4.5 or for breach of Condition 9.1 and it may retain all or part of any payments which you
have made as security for such claims. Subject to this if the Company is able to re-let the Boat for all or part of the Hire Period it will
give credit for the net sums received as a result of such re-letting and shall prepare and submit to You an account of its claim and of
any payment which may be due to You or to the Company within 7 days of the End Date.
7 HIRE PERIOD, COLLECTION AND RETURN OF BOAT
7.1 The Boat will normally be available between 2pm and 4.30pm on the start date or as otherwise shown in the Booking
Confirmation, subject to the provisions of Condition 7.7
7.2 You must notify the Company as soon as possible if Your estimated arrival time is delayed or disrupted as this may lead to
difficulties and delays in making the boat available to You. There will be no rebate of the Price for late arrival nor will the Company
accept responsibility for any overnight costs which You may incur if you fail to reach the boat during normal working hours.
7.3 Before You take the boat over the Company will give You such instructions, demonstrations and trials as are appropriate and You
and a fellow member of the crew will then be required to check and sign the hand over sheet.
7.4 In the event that the boat is not
available on the Start Date due to any circumstance for which the Company is not responsible (for example adverse weather or
navigation conditions, damage, mechanical breakdown, late return by previous hirer) the Company may substitute a boat of similar
accommodation but if no such boat is available the Company shall immediately refund You with the Deposit and any other payments
You have made.
7.5 The boat must be returned to Farncombe Boat House or as otherwise shown on the Booking Confirmation or
notified under Condition 7.7 and vacated by You by 9am on the end date and it is Your responsibility to allow sufficient time to
ensure timely return.
7.6 If you return the Boat late or to the wrong place because of poor planning on Your part or for another
reason which is your responsibility then you will be liable to pay £50 for every hour or part hour of the delay in returning the boat or
giving possession and the cost of recovering the boat to the return point and any other expenses and losses which the Company
may incur as a result of the delay including the loss or cancellation of a subsequent booking.
7.7 The Company reserves the right to
change the places of handover and return for operational reasons. In such event the Company shall be obliged to give You notice of
the change in sufficient time to allow any necessary re-planning of your itinerary and to organise any transport which is reasonably
necessary for You and your party as a result of such change.
8 INSURANCE AND SECURITY DAMAGE WAIVER
8.1 The Company insures the boat and its equipment against physical loss and damage and against public liability risks. You are
entitled to any protection that may be afforded by the Company’s insurance policy (subject to your paying any applicable policy
excess) but you and members of your party may become legally liable to the Company or to third parties for loss or damage caused
or contributed to by your acts, omissions or negligence.
8.2 The Company’s insurance policy does not cover personal accidents or
Your personal belongings. You and your party are advised to take out your own personal insurance cover.
8.3 You shall pay a
compulsory accidental damage waiver of £50 per booking. Accidental damage waiver excludes damage arising
from speeding, contact with a lock sill causing damage to the rudder, skeg or stern gear, TV aerials, malicious or intentional damage
to the boat. Also excluded is malicious or intentional damage to other boats and property, incorrect use of River Wey Locks resulting
in lifted lock gates (minimum charge made by National Trust is £250), the late return of the boat and return of the boat in an
unclean condition.
8.4 If agreed in writing by the Company, You may pay a security deposit of £175 instead of the accidental damage waiver. This is
intended to cover the Company’s policy excess and any uninsured risks or other sums due to the Company under the Hire
Agreement. It is not the limit of your potential liability to the Company.
8.5 The Company may apply the whole or any part of the
security deposit to payment of any claim which the Company may have against you. Otherwise the Company shall promptly refund
the security deposit by cheque as soon as the Company is satisfied that no loss, damage or accident has occurred and that no other
sums are due to the Company from You.
8.6 All bookings of 2 or more boats must pay a damage deposit of £175 per boat (instead of the accidental damage waiver). In
addition to this, all male, all female or all young crews under 25 must pay an additional security deposit of £25 per head in cash on arrival.
9 SAFETY AND OTHER RULES
9.1 You agree to comply with the following rules at all times during the Hire Period;
9.1.1 To ensure that at all times while the boat is being navigated or is transiting locks the minimum age of the operator onboard
and in charge is 25 years+.
9.1.2 Not to tow or be towed other than in exceptional circumstances.
9.1.3 To moor the boat securely.
9.1.4 Not to navigate after sunset or before sunrise (before 8am on River Thames).
9.1.5 To observe all speed limits (4mph on River
Wey), and not to navigate at a speed which creates a breaking wash or disturbs or inconveniences other waterway users.
9.1.6 Not
to race the boat.
9.1.7 Not to bring onto the boat any portable heaters, cooking appliances, inflammable liquids or substances, gas
cylinders, car batteries, fire arms, Bbq’s, bicycles, vehicles, lighting equipment, TV sets, electric tools or any other items which might
create dangers or hazards without the Company’s prior written permission.
9.1.8 Not to use the boat for any commercial purpose.
9.1.9 To allow the boat to be occupied only by the persons named on the Crew List or Booking Confirmation.
9.1.10 Not to allow to
be on the boat at any time more than maximum number of berths stated in the boat description.
9.1.11 To give way to laden or
unladen cargo boats, sailing craft, rowing boats and other human propelled craft.
9.1.12 Not to take the boat on to sea or
downstream of Teddington Lock on tidal waters without the written consent of the Company. To cruise only on canals and rivers
approved by the Company.
9.1.13 Not to have or carry any live bait on the boat.
9.1.14 At all times to observe all bye-laws and
navigational limits and abide by the instructions and advice of the relevant Navigational Authorities and the Company and their
respective officers and employees.
9.2 The Company reserves the right at its reasonable discretion and without liability to restrict
cruising areas or routes in the light of prevailing weather and navigation conditions.
9.3 If You are reported for improper navigation
during the Hire Period or if You are in breach of any of the rules in condition 9.1 and if the Company has good reason to believe that
it will be involved in any expense or penalty as a consequence then at the End Date the Company may retain the security deposit (if
paid) against prospective future liabilities. If no action has been taken after a maximum period of 6 months from the End Date, the
Company shall return the Security Deposit to you.
10 ACCIDENTS
10.1 You are in charge of the boat and are responsible for its safe navigation.
In the event of any accident or damage involving You
or any other people or any property
You must:-
10.1.1 Obtain and record the name of any other boats and the names and addresses
of any other people involved.
10.1.2 Notify the Company as soon as practically possible with full details of the accident and any
damage sustained.
10.1.3 Proceed in accordance with and follow the Company’s reasonable instructions.
10.1.4 NEVER admit liability after an accident.
11 LOOKING AFTER THE BOAT
11.1 You are responsible for and will keep the boat and its equipment and contents in clean and tidy order during the Hire Period.
11.2 You must notify and provide full details to the Company of any breakdown, damage, theft or loss involving the boat as soon as
practically possible. You must not undertake or commission any repairs, adjustment or service without the Company’s prior
approval.
11.3 Although the boat and its equipment are insured against many risks by the Company You remain responsible to the
Company for any damage or loss arising from Your breach of the Agreement, Your deliberate acts or from Your negligence.
11.4 You
shall be responsible for getting the boat off mud banks or other grounding and for removal of weeds, rope or other matter from
propellers and steering gear and for keeping the Company informed of any incidents of this nature.
12 HIRER’S PROPERTY
12.1 Vehicles may be left entirely at their owner’s risk. The Company will be under no liability for any loss or damage to vehicles or
their contents or for Your property on the boat, unless caused by the Company’s negligence.
12.2 The Company may take such
reasonable action as it shall consider necessary to silence car alarms and to recover the costs from You. This is inclusive of any
requirements and obligations under the Noise and Statutory Nuisance Act 1993.
12.3 The Company will return property which it
finds which has been accidentally left on the Boat provided that it is claimed promptly and that You either arrange for its collection
or agree to pre-pay for any postage and packing. Property not claimed within two months from the End Date may be disposed of by
the Company.
13 FUEL
The boat is handed over ready fuelled, but the cost of hire does not include the fuel consumed. A fuel deposit of £90 per week up to 2 weeks or £55 per short break is payable 8 weeks before the start of your holiday with your balance of hire. On return to the marina at the end of your holiday period the boat will be refuelled and any difference to the deposit paid will either be refunded or charged.
14 PETS
14.1 Up to 2 pets are allowed on the boat only with the Company’s permission. You shall give notice of any pets You wish to bring
at the time of making the booking.
14.2 You must provide any pet baskets or blankets.
14.3 All pets must be properly house trained
or caged as appropriate, must never be left unattended, and shall not be allowed on bedding or chairs.
14.4 Pets and pet damage
are not covered under the Company’s insurance policy and You will be liable for any damage or loss caused by them.
14.5 If extra
cleaning is required because of your pets, a charge may be made.
15 INVENTORY
Any shortcomings discovered during the Hire Period must be notified to the Company as soon as practically possible so as to afford
the Company the opportunity to rectify the matter.
16 EXCLUSION AND LIMITATION OF LIABILITY
16.1 The Company shall not be liable to pay any compensation, damages, costs or expenses for any claim arising from any cause
beyond the Company’s reasonable control which could not have been mitigated or avoided by the Company including but not limited
to: a) Loss of or damage to any person’s property (including the Boat); b) non-fulfilment, interruption or delay to the booking;
c)breakdowns, mechanical problems, latent defects, damage to the Boat; d) restrictions on cruising, obstructions, repairs, damage
or closure of waterways, non availability of routes, navigational works, storms, floods, droughts, ice, shortage of water or other
weather or climactic conditions; e) rationing, shortage or non availability of fuel; f) consequential loss, damage or expense which
You incur including the cost of alternative transport, accommodation or other holiday provision. 16.2 The Company’s total liability to
You and any person claiming through You in respect of all claims which may arise under the Agreement (other than in respect of
claims for personal injury or death due to negligence on the part of the Company) shall be limited in aggregate to the Total price
actually paid by You to the Company in respect of the Agreement in question.
17 BROCHURE
The specifications of boats, their accommodation, facilities and equipment in the brochure and on the website are intended as a
general guide and the Company shall not be liable in the event of any insubstantial differences in the boats supplied and reserves
the right to make modifications. In particular alterations may occur during rebuilding or refitting, boats within classes may differ,
colours may vary, layout plans are for guidance only and are not to scale and boats may have steps which are not shown. If Your
party includes any infirm or disabled persons You should make relevant enquiries at the time of booking.
18 LAW AND JURISDICTION
18.1 This Agreement shall be governed by the law of England and Wales. 18.2 Any dispute arising under this Agreement shall be
submitted to the exclusive jurisdiction of the Courts of England and Wales
19 DISPUTE RESOLUTION
19.1 The British Marine Federation and the Royal Yachting Association recommend that disputes arising under this form of
Agreement which cannot be resolved by negotiation, should, with the written agreement of the Parties, be submitted to mediation or
failing that to arbitration under the British Marine Federation’s Dispute Resolution Scheme, which is approved by the Royal Yachting
Association. 19.2 Details of the mediation scheme operated by the British Marine Federation are available at
www.britishmarine.co.uk/mediation. 19.3 Matters suitable for arbitration shall be submitted to a single Arbitrator in accordance with
the British Marine Federation’s Dispute Resolution Scheme. The provisions of the Arbitration Act 1996 shall apply.
20 THIRD PARTIES
Only the named parties to the Agreement (as shown on the booking form) may enforce the terms of the Agreement. The parties
agree that the Contracts (Rights of third Parties) Act 1999 shall not apply to this Agreement.
Farncombe Leisure Limited, Trading as Farncombe Boat House.
Registered office: Catteshall Road, Godalming, Surrey GU7 1NH
Registered in England No: 3837174
VAT Registration No: 733490925
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