Aylesbury Canal Society

Terms and Conditions of hire

AYLESBURY CANAL SOCIETY “Catalina” CONDITIONS OF HIRE

Please read these conditions carefully. When you book our day boat Catalina you are entering into a contract with us,
which is binding in various ways.
Definitions.“the Society” means Aylesbury Canal Society. “the Hirer” means the person or persons named on the booking
confirmation. Where there is more than one Hirer they shall be individually responsible and liable under this agreement.

You can also download the terms and conditions document.

1. Booking Agreement.

a. A booking is a legally binding contract. English civil Law applies in all disputes.
b. Submission of a booking form is an offer by the Hirer and the booking agreement is offered only if and when the
Society issues a written boat hire confirmation.
c. The entire contract between the Society and the Hirer is contained in these conditions and 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 by writing, advertisement or conversation.
d. No agent or representative of the Society 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 Society.

2. Prices and Payment.

All prices stated are inclusive of VAT and are subject to any changes in the VAT rate prior to the full payment being
made.

3. Deposits.

a. A £50 non-returnable booking deposit is required to confirm the booking.
b. If the Hirer subsequently cancels this deposit is forfeited.
c. The balance of fees must be paid before the commencement of the boat hire.
d. A damage deposit of £100 in cash is payable when you arrive.
e. This will be refunded at the end of the hire period providing the boat is returned on time and with no loss or damage
and there is no third party claim against the Hirer.
f. A deduction may also be made for extra cleaning if the boat is left in a dirty condition.
g. All breakages and damage must be reported.

4. Group Bookings, Age Limits and Unsuitable Hirers.

a. The boat is licensed to carry no more than 6 people. Contravention of this limit will result in confiscation of the boat.
b. The Hirer must be aged 21 years or over.
c. The Hirer must provide on the acceptance form details of all persons in there party. The Society reserves the right to
cancel any booking made in contravention of this condition, on or before the start date and any monies paid to the
Society shall be forfeit, and any balance payment will remain due unless the Society is able to re-let. If the Society is
able to re-let, the Hirer will remain liable for 15% of the price to cover administration expenses.
d. The Society may at it’s discretion, cancel any booking and refuse to hand over the boat to any person or group who,
in the Societies opinion, are not suitable to take charge on the grounds of infirmity, ill health, disability, suspected
influence of alcohol or drugs, or who have failed to demonstrate a reasonable standard of competence following
appropriate instruction in boat handling.
e. In this event, the Society will refund all monies paid for the boat hire and the contract shall be discharged without
further liability on either party.
f. The Society may repossess the boat at any time if, in the opinion of the Society, 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.
g. In this event the Hirer shall remain liable to pay the full hire rate and no refund will be given.

5. Cancellations and Changes.

a. The agreement including the payment terms is a legally binding contract and may not be cancelled or amended except
as provided in the conditions.
b. Should the Hirer wish to cancel or amend the booking they must advise the Society immediately by e mail.
c. The Society reserves the right to levy an administration charge of £30 for any alteration to a booking made by the
Hirer after it has issued a booking confirmation.
d. In the event of a cancellation the deposit will be forfeited and the Hirer will pay the balance on the due date. The
Society may, at it’s discretion, waive the balance fee if the Society re-lets the boat for the day of hire.

6. Hire Period, Collection and Return of the Boat. THE HIRE PERIOD IS ONE DAY BETWEEN 9-30AM TO 5-30PM

a. The Hirer must notify the Society of any likely delay in the Hirer’s arrival as soon as possible by telephone. Late
return of the boat will be charged at £30 per hour pro rata.
b. Before departure the Society will give the Hirer such instructions and trials as the Society sees fit, and requires the
Hirer to check and sign for contents , inventory and Boat Acceptance.
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AYLESBURY CANAL SOCIETY
“Catalina” CONDITIONS OF HIRE
c. In the event that the boat is unavailable because of circumstances beyond the Societies control, the Society will
refund any payments made but will but will not otherwise be liable, and the contract will be discharged.

7. Obeying the Rules of the Waterways.

The Hirer agrees to comply with the following rules at all times for the health and safety of the persons on the boat
and other persons and the boat and its property.
a. 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.
b. To observe all speed limits-4mph-and not to race or to cruise at a speed which causes a wash, disturbs or
inconveniences other waterway users.
c. Not to take nor allow to be carried on the boat any items which might cause dangers or hazards.
d. Not to allow on the boat at any time more persons than the maximum 6.
e. Not to allow any persons to sit or walk on the roof.
f. Not to have or to carry live fishing bait on the boat.
g. At all times to observe all bylaws, navigational limits, or instructions and advice of the Canal & River Trust, the
Society and there respective officers and employees.
h. Please see the booklet or PDF of “The Boaters Handbook”

8. Accidents.

The Hirer – designated skipper- is in charge of the boat and is responsible for its safe navigation and return and the
safety of its passengers.
a. In the event of an accident the Hirer must: get full details of all other persons involved as well as relevant boat names
and registration-see the boat manual-Inform the Society immediately with full details.
b. UNDER NO CIRCUMSTANCES ADMIT OR ALLOW ANOTHER PERSON ABOARD THE BOAT TO ADMIT ANY LIABILITY TO
ANY OTHER PERSON.
c. Not have repairs carried out without the Societies express permission.
d. At all times obtain and follow the Societies instructions.
e. In the event that the Societies 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 Society against any claim or charge made
by any Navigation authority for damage to waterway property or loss of water.

9 . Repairs and Breakdowns.

The Hirer shall notify the Society in the event of breakdown, damage, theft or loss and shall provide full details and
shall comply with all Society instructions.
a. The Hirer must not allow any repairs, adjustment or service without the Societies prior approval.
b. The Hirer shall have no claim on the Society as a result of breakdown or the failures of the boat and its equipment,
or for any delays caused by repairs to the boat.

10. Car Parking and Hirer’s Personal Property.

Free Parking is provided for the convenience of customers.
a. The Hirer agrees to comply with the Societies instructions for car parking.
b. THE SOCIETY ACCEPTS NO LIABILITY FOR LOSS OR DAMAGE TO VECHICLES OR THE CONTENTS THEREIN.
c. The Hirer is particularly advised not to leave valuables or readily portable items in cars.

11. Complaints.

The Hirer will check the boat and its equipment fully, immediately after taking possession of the boat. See inventory in
Boat Manual.
a. Any shortcomings must be brought to the Societies attention BEFORE the boat leaves the basin.
b. 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 Society at the end of the hire period.
c. Any shortcomings subsequently discovered shall immediately be notified to the Society by telephone in order to give
the Society the opportunity to take necessary remedial action.
d. The Society shall not be liable in respect of any matter not so notified immediately.

12. Exemption.

The Society shall not be liable for any matters arising from any cause beyond the Societies reasonable control, or
not due to the Societies negligence or wilful default including (without limitation) death or personal injury of Hirers,
there 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.
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