Terms & Conditions
1. Your contract
Your contract is with Ferry Marina Ltd (referred to in these conditions as 'The Company'). Any contract to hire a boat with the Company incorporates the conditions below and is between the Company and You (also referred to as 'The Hirer'). The contract does not take effect until the Company despatch confirmation of your booking to you in writing or by email. The contract is made in England and is governed in all aspects by English Law. All boats offered for hire by the Company are licensed by The Broads Authority and operated in accordance with the said Authority's Code of Practice for Boat Hire Procedures 2009.
All correspondence should be sent to the address above. The Company may refuse to accept a booking at its discretion and will not accept any booking form signed by a person less than 18 years old. All male, all female & mixed groups under 25 must check before booking.
You must make a deposit payment to reserve your booking. It will be refunded if your booking is not confirmed. The balance (of your holiday price) must be received by the Company no later than 56 days before the holiday start date. If booking within 14 days of the start date, payment must be made by debit or credit card. It is not normal practice to send reminders and if final payment is not received as required, the Company may cancel the booking and apply charges (see para 7(ii)). The Company may recover the cost of any bank charges or other costs incurred in handling dishonoured cheques, direct bank payments and foreign currencies. When making payments by credit (but not debit) cards, the Company reserves the right to levy a surcharge of 3% on each payment.
4. Price Guarantee
The Company guarantees that there will be no additional surcharges made within 56 days of your holiday start date but reserves the right to alter the price of any of its holidays before you make your booking.
5. Hire Terms
All hire terms are inclusive of VAT and are quoted in £ sterling per boat, equipped as described unless otherwise stated. As soon as the booking is confirmed by the Company the hire terms are guaranteed unless there is a change in the rate of VAT.
We are unable to sell personal holiday, car breakdown or cancellation insurance.
7. Changes / Cancellations
i. Changes. If you want to change your booking once your confirmation has been issued, an administration fee of £25 will be payable to the Company.
ii. Cancellation. If you have to cancel your booking, you must telephone the Company as soon as possible and then confirm in writing, supplying documentary evidence, including medical certificates where appropriate to support your claims. The day the Company receives your telephone notification of cancellation is the date on which your booking is cancelled. Depending on your reason for cancellation, you may receive a refund of all monies you have paid, after deducting a cancellation administration fee of £35 per week or per part week per booking. To qualify for a refund your reason for cancellation must be one of the following, must apply to a member of your party, and with the exception of pregnancy must have occurred after you booked your holiday and must prevent you from taking your holiday. Qualifying reasons: Death, illness, bodily injury, pregnancy or childbirth; jury service or witness call; redundancy of any member of the party or their spouse; cancellation of arranged leave in respect of a member of HM Forces or police; unexpected occupational posting within six weeks of the commencement date of the holiday or involving an occupational transfer in excess of 50 miles; fire, storm, flood, subsidence or malicious damage rendering the home uninhabitable; police requiring presence following a burglary or other incident at home or place of business; death, serious injury or serious illness of any member of your immediate family, fiance(e), close business associate, partner or co-director. If the reason for cancellation does not qualify for a refund as set out above eg. dis-inclination to travel, leave cancelled by employer (other than HM Forces or the Police) etc, a cancellation charge will be payable, based on the number of days before the arrival date that we receive notification of your cancellation as shown in the following table.
|No of days before arrival date that cancellation notification is received||Charge payable to the Company|
|More than 56 days||Initial payment|
|29-56 days||50% of costs or initial payment (inc. any balance of deposit due), whichever is greater|
|15-28 days||75% of cost|
|1-14 days||90% of cost|
|On arrival date or later||Total cost|
If any payment due in relation to your booking is not paid by the appropriate date, then the Company is entitled to assume that you wish to cancel your booking. In this case, the Company will be entitled to keep all deposits paid or due at that date.
8. Arrival and departure
You (The Hirer) can board your boat at 2pm (unless advised otherwise, for example on your confirmation) on the start date of your holiday rental and you must leave by 9am on the last day. The Company reserve the right to delay this take over time in order to maintain our standards. If you arrive early, you are welcome to visit the leisure centre prior to receiving your keys. If your arrival will be delayed beyond 4pm you must contact the Company so that alternative arrangements can be made. If you fail to arrive by noon on the day after the start date and you do not advise the Company then your booking may be treated as having been cancelled by you and no refund of any monies paid by you will be made. The Company may at its absolute discretion refuse to hand over the keys to a boat or terminate a holiday where in the opinion of the Company a person or group is likely to cause damage, distress or annoyance to other persons or property. In such an event the Company will be under no obligation to refund, compensate or indemnify you. On arrival the Company will The Company will instruct the Hirer how to operate all safety and other equipment on board the boat and instruct the Hirer how to operate the engine but the Hirer uses the same at their own risk. You must notify the Company of any faults identified as soon as possible either before or after the boat leaves the boatyard so that they can be rectified. You must return the boat (with all gear and equipment) to the boatyard in a clean and tidy condition by 9am. A charge will be made if the boat is returned late or is not clean and tidy.
Every boat is checked before the start of each hire and in the event of a mechanical failure the right is reserved to delay departure until a repair has been effected, so it is unlikely that your boat will suffer a mechanical breakdown. If a breakdown of any kind occurs, you must report it to the Company immediately so that repairs can be made to enable you to resume your cruise. Provided that the Company is informed they will take steps to repair the boat and/or its equipment as speedily as practical in the circumstances. Apart from these obligations, the Company shall not be liable in any respect for any indirect or consequential loss or damage, whether financial or otherwise suffered as a result of such a breakdown. The Company shall not be responsible for the consequences of delays or restrictions on cruising arising from obstruction, repairs or damage to waterways, flooding, shortage of water, industrial action or other circumstances beyond their control. The right is reserved to restrict cruising if unusual or hazardous conditions prevail.
10. Extra Persons
The number of persons indicated for each boat must not be exceeded except where provision for extra persons is specified in individual boat particulars.
11. Hirer's equipment
You may not take on board without the Company's permission portable heaters, lighting equipment, bicycles, canoes or anything that may cause danger or damage to the boat, its equipment or occupants.
All customers are responsible for their personal possessions and property at all times and are required to exercise due care and attention to ensure their own personal safety and wellbeing.
No liability is accepted by the Company for loss or damage to the Hirer's belongings.
12. Damage Waiver and Fuel deposit
Although boats are insured by the Company, you are primarily responsible for any damage to the boat, its equipment or to any third party property and for loss of equipment. The Company will require either (a) a damage waiver with separate fuel deposit or (b) a refundable security & fuel deposit. The damage waiver is non refundable and indemnifies you against any damage to the boat, its equipment and for any third party property damage or loss of equipment. Fuel costs exceeding the fuel deposit will be charged to you at the end of your holiday.
13. Security deposit
The Company reserve the right to charge a security deposit on certain parties or non-family groups - you will be advised of this when you book. If the boat is returned without any damage, loss of equipment or third party claim against you, the deposit will be repaid. Where damage has occurred, all or part of your security deposit may be withheld. Not withstanding the above if you or any member of your party either fail to comply with these booking conditions or cause negligent, willful or criminal damage you will be fully liable for any loss incurred.
Boating can be hazardous. While the Company has taken all reasonable care in the preparation of the vessel and in the provision of safety equipment, the Hirer is responsible for their own safety, the boat's safe navigation and the safety of third parties affected by their actions and the safe return of the vessel.
No liability to the Hirer is accepted by the Company for injury to or death of the Hirer or any member of their party during the course of the hire or during embarkation or disembarkation. You and your party use the pontoons, quays and other landings on the river entirely at your own risk.
No minor may control the boat without the direct supervision of an adult.
In the event of damage to the boat caused by you and/or a third party, no responsibility can be accepted by the Company or the Boat Operator for loss of time or cost of alternative accommodation boat or any other damages or expenses. In the case of an accident or damage to the boat or any other craft or to waterway property you must for insurance reasons.
(a) record the name of any other boat involved with names, addresses and phone numbers of its boat operator and Hirer (where applicable);
(b) immediately report these facts to the Company with full details and the extent of the damage;
(c) write to the Company with full details of the incident immediately on return from your holiday quoting your booking reference number;
(d) not put any repairs in hand without the Company's consent.
On returning the boat at the end of your holiday you must inform the Company of any damage or of items broken, lost or stolen.
We operate a no smoking policy on all our cruisers. We will charge you £50 if you breach this policy and reserve the right to terminate your holiday.
Pets are allowed on certain specified cruisers at an extra charge - please check when booking.
17. Navigation Restrictions and bye-laws
You must navigate in accordance with current bye-laws and observe speed limits.
On no account may you -
(a) tow or be towed by other boats unless with professional assistance;
(b) cruise after dark (as your boat is not equipped or insured for night navigation
(c) permit your boat to be taken out to sea
(d) permit your boat to take part in any race
18. Party members with limited mobility
If any members of your party have limited mobility then please check the suitability of the boat before booking. The Company will be happy to discuss your requirements and offer advice / assistance where possible.
19. Modifications and descriptions
Every effort has been made to ensure that the individual boat descriptions contained in the brochure are correct. Layout plans are for indicative purposes and are not to scale. Photographs may be used to show a style standard and may therefore not be identical to the boat.
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have a cause for complaint the Company is anxious that remedial action is taken as soon as possible. It is essential that you contact the Company immediately if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless the Company is promptly notified. Please help the Company to help you by following this procedure. If you fail to do so, this may affect your entitlement to claim compensation where this may otherwise have been appropriate.
21. Your rights
Your statutory rights are not affected by anything contained within these conditions.
These conditions supersede all previous issues.
Copyright © Posh Boats.
Published January 2012. Cancels all previous issues.