Terms & Conditions

Calmer Cruising Terms and Conditions

December 2010

  1. Formal Booking
    1. All applications for the Hire must be in writing on the Booking Form.
    2. Calmer Cruising reserves the right to refuse any application without stating their reason for doing so.
    3. Applications will not be considered :
      • from persons under the age of 21 years
      • From stag or hen party groups.
      • From persons who in the opinion of the Calmer Cruising are unfit to take the Hire.
    4. If Calmer Cruising accepts a Booking Form, a binding contract between the Hirer and Calmer Cruising will come into existence when we receive payment for the Hire Invoice in part or in full.
    5. The person completing the Booking form shall be the Hirer and as such the person responsible to the Calmer Cruising for the payment of the Hire and the observance of these conditions and regulations. This provision is without prejudice to the right of Calmer Cruising to hold responsible any other person who has used the Boat under the Hire.
    6. The maximum number of persons which shall any time be allowed to participate in the Hire is six. Any change of crew during the period of hire must be agreed in advance in writing by Calmer Cruising.
    7. Any request for variation or change to the terms of the Booking Form for the Hire must be made in writing and agreed by Calmer Cruising in writing. Calmer Cruising reserves the right to refuse any variation or change in the terms of the Booking Form without stating their reason for doing so. Any variation or change agreed by the Calmer Cruising will form part of the booking for the Hire and be bound by these conditions and regulations of Hire.
  2. Charges
    1. Charges for the Hire shall be in accordance with the published prices at the time of issuing the Hire Invoice and Booking Acceptance.
    2. Upon issue of the Hire Invoice a deposit of 25% of the total Hire Charge against the cost of the Hire must be provided within 3 working days, unless otherwise agreed.
    3. The remaining sums due in relation to the Hire must be paid no later than twelve weeks before commencement of the Hire.
    4. In the event that an application for the Hire is made within twelve weeks of the commencement of the Hire and accepted by the Calmer Cruising the full cost of the Hire is payable at the time of booking.
    5. If any payment due in relation to your booking is not paid by the appropriate date, Calmer Cruising is entitled to treat your booking as cancelled by you. Cancellation charges as set out in clause 3 will then be payable. We normally send out a reminder to you before your booking is cancelled.
    6. A security deposit of £500 may be payable on commencement of Hire which is refundable upon clause 7.5 being satisfied.
  3. Cancellation by the Hirer
    1. If you have to, or wish to, cancel your booking, the party leader must telephone the Company on the number shown on your Booking Acceptance as soon as possible, and confirm in writing within 48 hours. The day the Company receives your written noti?cation of cancellation is the date on which your booking is cancelled. Charges will be:
      Number of weeks before start of holiday that notifcation of cancellation is received by the Company Amount payable by you
      12 weeks+ 25% of total Hire charge
      9 weeks+ 50% of total Hire charge
      0-9 weeks 100% of total Hire Charge

      In the event that Calmer Cruising is able to re-allocate the booking on similar terms to another hirer, then these charges may be reduced.

  4. Unforseen Circumstances and Delays
    1. Calmer Cruising does not expect to have to make any changes to your booking, but sometimes problems occur which affect the availability of the boat. In this event every reasonable effort will be made to rectify the situation. We regret that we cannot accept responsibility or pay any compensation, costs or expenses where the performance of the contract is prevented or affected or you otherwise suffer any loss or damage as a result of events beyond our control. However, if your booking has to be cancelled in full as a result, we will of course offer you an alternative booking or a full refund of monies paid. In the event of a cancellation of part of the holiday as a result, we will offer a pro-rata refund of monies paid.
    2. If a breakdown or failure of any kind should occur to the boat or its equipment, you must report it to Calmer Cruising immediately in order that repairs can be made to enable you to resume your cruise. Provided we are so informed, we will take steps to repair the boat and/or its equipment as speedily as practicable in the circumstances. Apart from these obligations, Calmer Cruising shall not be liable in any respect for any loss or damage, whether financial or otherwise, for delays suffered as a result of the breakdown or the time taken to remedy such a breakdown and the hirer/s shall have no claim on Calmer Cruising.
    3. Calmer Cruising shall not be responsible for the consequences of delays or restrictions on cruising arising from obstruction, lock closures, repairs or damage to waterways, flow warnings, flooding, shortage of water, late return by other hirers, industrial action or other circumstances beyond our control.
    4. Calmer Cruising reserve the right to restrict cruising if unusual or hazardous conditions prevail, e.g. Strong Stream Warnings.
  5. Cancellation by Calmer CruisingCalmer Cruising shall be entitled to summarily cancel the Hire at any time before or during the Hire in the following circumstances:
    1. If the Hirer materially fails to observe any of these conditions or regulations; or
    2. At anytime prior to the commencement of the Hire it shall appear to the Company that the Hirer has made a material omission from or mis-statement in the application form
    3. If Calmer Cruising representatives reasonably consider that the boat is being operated in an inappropriate or hazardous manner
  6. Responsibilities of the HirerThe Hirer shall during the Hire be responsible for:
    1. the efficient supervision of the Hire including the effective control of children the orderly and safe admission and departure of persons to and from the Boat and the orderly and safe clearance of the Boat in case of emergency;
    2. the safety of the Boat and all personnel on board, and the preservation of good order and decency therein.
    3. Whilst in use, that persons responsible for the navigation and operation of the boat are not under the influence of drugs or alchohol.
    4. Ensuring all doors giving egress from the Boat shall be kept unfastened and unobstructed and immediately available for exit during the whole time the Boat are in use and no obstruction shall be placed or allowed to remain in any corridor giving access to the Boat.
    5. The Hirer is responsible for the Boat and without limitation is responsible to ensure:

    6. Its safe navigation in accordance with all statutory provisions and by-laws.
    7. That cruising occurs only during daylight hours.
    8. Your speed must not be such as would or may inconvenience or endanger other users of the waterway
    9. No minor may control your boat without the supervision of an experienced adult
    10. No cruising on tidal waters occurs without the written consent of the Company.
    11. That none of the following are allowed on the Boat without written consent of the Company: portable gas equipment, inflammable liquids or volatile substances, or firearms.
    12. That no smoking is permitted anywhere inside the Boat.
    13. The Hirer shall take good care of and shall not cause any damage or permit or suffer any damage to be done to the Boat or to any part or parts thereof to any fittings equipment or other property therein and shall make good and pay for any damage thereto which is not covered by the boat’s insurance including accidental damage caused by any act or neglect of himself his servants agents or any person resorting to Calmer Cruising by reason of the use of the Boat. Particular care shall be given to the satellite dome on theroof ofthe boat.
    14. The Hirer will be liable for a minimum payment of £150 for a blockage to any toilet on the boat.
  7. Arrival and Departure
    1. Unless otherwise stated the time for boarding your boat is from 3pm on the arrival date and no later than 4.00pm unless a prior arrangement is made with the Company.
    2. Calmer Cruising will give you a demonstration and explain the controls of the boat and its equipment.
    3. If your arrival at the mooring will be delayed, you must contact the person whose details are given on the Booking Acceptance so that alternative arrangements can be made. If you fail to do so you may not be able to gain access to the boat.
    4. In the event of mechanical failure the right is reserved to delay departure until a repair is effected.
    5. Unless otherwise agreed in writing you must return and vacate the boat (with all gear and equipment) to the mooring from where it was hired in a clean and tidy condition to be met at 10.00am on the final day of hire. You are welcome to moor at the berth on the evening before you hand back your boat. A charge of £50 per hour will be made if the boat is returned and/or vacated late, or is not clean and tidy.
  8. Security and Accidents.
    1. Security of the boat is the Hirer’s responsibility during the Hire period. Calmer Cruising do not accept any liability in respect of any damage or theft or loss of any property or possessions belonging to the Hirer, crew, guests or other persons.
    2. The Hirer shall be liable for and shall indemnify the Company in respect of any loss damage or injury which may be incurred by or be done or happen to the Hirer or any person or persons resorting to the Company by reason of the use of the Hire by the Hirer save for personal injury or death by negligence of the Company or its employees.
    3. Your vehicle and its accessories and contents are left entirely at your risk. We will not be responsible for any loss or damage from or to any vehicle from any cause whatsoever other than negligence of ourselves or our employees or agents.
    4. Any accident must be notified to the Company as soon as practicable together with full details of the accident, third parties and witnesses. No member of the Hirer’s party must admit any liability.
    5. In the event of an accident involving another boat, it is your responsibility to:
      1. Find out the name of the other boat involved together with the name of the owners and/or hirer.
      2. To report these facts, together with the extent of the damage to us as soon as possible. No repairs may be put in hand without our consent.
    6. Public liability risk insurance is the responsibility of Calmer Cruising but does not extend to personal accident insurance for the Hirer or any member of his party. It is advised that the Hirers should make their own arrangements for separate travel, personal, medical and cancellation insurance to cover all members of your party.
  9. Animals
    1. Any animal to be carried during the period of the Hire will be at the discretion of the Company and must be disclosed on the Booking Form. The first will incur an extra cleaning charge of £25.00 and £10.00 for each additional animal thereafter.
    2. Registered assistance dogs will be accepted free of charge.
  10. Complaints and Data Protection
    1. Any complaint arising out of the Hire must be made in writing to the Company within 24 hours of the occasion of such complaint but this clause shall in no way prejudice the statutory rights of any party to make a claim.
    2. In order to process your booking and to ensure that your holiday arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address, any special needs, etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information onto any relevant suppliers of your holiday arrangements. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. We will not however, pass any information on to any person not responsible for part of your holiday arrangements.

David & Caroline Nind T/a Calmer Cruising Sunnyside, Mundaydean Lane, Marlow, Bucks SL7 3BU

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