1. Definitions
The Company or Operator is taken to mean DRL Marine Ltd, Ludham Marina, Horsefen Road, Ludham, NR29 5QG. You, Your, The Hirer, Party Leader is taken to mean the named person on the booking form. Holiday means the vessel or accommodation and/or any other services booked and paid for in the UK with the company. Holiday shall be taken to mean any accommodation from 1 night up to 31 nights. Written documentation includes email, fax and letter. It does not include SMS text message or any other form of communication. Brochure is taken to mean any printed literature or forms, electronic literature including emails and our web site. The Operator may act as an agent in the process of your holiday booking, whether in whole or part and the process of booking enters you into a contract with the operator and/or the service provider(s) of the services concerned.
2. Your Booking.
All bookings are subject to availability. The party leader must be over 18 at the time of booking. The party leader must be authorised to make the booking and be acting with the full knowledge and consent of the other members of the party when making a booking. The party leader is responsible for making all payments as required that may be due to the company as a result of a booking. Subject to availability and receipt of all relevant payments, a booking shall be confirmed by the company in writing as soon as is practical and from the point of issue of said confirmation or the payment of any monies in relation to a booking (whichever occurs first), a legal contract exists between the company and the party leader. For holidays that begin within 14 days of a booking, a legal contract shall exist upon verbal confirmation and/or the payment of all relevant fees to the company. The company reserves the right to refuse any booking at its sole discretion prior to the supply of written confirmation. If this happens, the company will inform you verbally and in writing as soon as possible and refund any monies paid. There shall be no further liability by the company to you in such instances. When you receive the booking confirmation, you must check all the details and inform the company immediately of any inaccuracies. If you have any special needs or requests, you should inform the company at the time of booking where every reasonable effort will be made to assist. The company does not offer any form of Package Holiday service.
3. Payments & Deposits.
Bookings will only be confirmed upon the payment of a deposit or the full hire charge. Payments can be made via Credit / Debit Card, Cheque, Cash or Bank Transfer. Deposit: For bookings made more than eight (8) weeks prior to the booking start date, a deposit is payable within seven (7) days of booking, the balance being payable not less than eight (8) weeks before commencement of the booking. Alternatively, the Hirer may pay the full amount upon booking. Balance / Full Hire Charge: For bookings made eight (8) weeks or less before the start date, the full amount is payable on booking. Once a Confirmation of Booking has been issued, and this may be construed as the payment of any monies related to the booking (whether or not paperwork has been issued) the Hirer is responsible for paying the total agreed hire cost of the boat (as shown on the Confirmation of Booking) including any extra costs (i.e. pet charges, dinghy hire, car parking, fouled propeller cover etc) as advised on the Confirmation. Payment Delay: We reserve the right to re-advertise the holiday if the relevant payment is not received within Ten (10) days of booking though this delay is variable (at our absolute discretion) according to when the holiday is due to begin. No holiday can begin without payment being received in full as cleared funds. Credit / Debit Card numbers – if the Hirer makes any payment by Credit / Debit Card, the Operators reserve the right to record the Hirer’s card number and make further charges (as described in this document) to the Hirer’s account in the event of a breach of these conditions. Fuel Deposit: a fuel deposit is payable at the start of your holiday. When you return the boat, you receive a refund of any unused fuel.
4. Prices.
All prices quoted are for a period of nights. All holiday hire charges are inclusive of VAT at 20% but is subject to change if the rate varies. All prices are quoted in UK Pounds Sterling and no payments shall be accepted in other currencies
5. Alterations and/or Cancellations.
In all cases, the party leader must make cancellations in writing. The company will not be responsible for non-receipt of any cancellation, however sent. If confirmation of receipt is not forthcoming within seven (7) days, please contact the Operators to ascertain receipt. Cancellations by The Hirer: If the Hirer cancels the booking, for whatever reason, the Hirer shall not be entitled to a refund of any monies paid and shall remain responsible for the full cost of the holiday (including any extras such as pets, dinghies etc). Any such monies may be debited from any credit or debit card details that the company holds or will be sought via other means in accordance with the payment schedule. Once the company accepts a cancellation, it will use its best efforts to re-let the boat. Any such re-lettings will be at the sole discretion of the company. If successful the company will refund any monies paid, less any non-refundable element (as defined in these terms), an additional £35 administration fee (to cover our efforts in obtaining another booking), and less any shortfall that may have been incurred between the cancelled booking and the replacement (i.e. Late Booking incentive reductions or being able to re-let only a portion of the cancelled booking period.) Cancellations by The Company: If the company should be forced to cancel a booking for any reason (either before or during the booking), the Hirer will receive a full refund of all monies paid, unless such cancellation is due to a breach by you of these Terms and Conditions, in which case no refund shall be due. This shall be the Operators’ only responsibility to the Hirer. Alterations to bookings may be possible and are subject to availability. Should the Hirer need to alter the holiday booking dates, in the first instance the Hirer should contact the Operators or their Agent with a request to check availability. If the alteration is like for like (one week for another week), an administration fee of £25 will be charged. If the alteration is an extension of the original booking, i.e. encompassing the existing booking, no administration charge will be levied. If the alteration is a reduction of the booking period, it will be treated as a partial-cancellation and will fall under cancellation terms. In all cases, the hire charge for the period in question will be applied. No change will come into effect until the Operators or their Agent have received written confirmation and cleared funds.
6. Non-Arrival.
If you do not arrive at the boatyard by midday on the day following your hire start date and you have not advised that you will be late, we shall be entitled to place the boat for re-let forthwith. Under the foregoing circumstances and in accordance with these terms and conditions, if the boat is not re-let you are responsible for the balance of hire; or if the boat is re-let for only part of the period of hire, you are responsible for the remaining portion of the balance of hire.
7. Brochure details, Modifications and Descriptions.
Every effort is made to ensure that any information provided in our brochure (see definition) is accurate. However, minor details may be subject to change. We cannot guarantee to provide photographic details of all our boats and may use “class” images to depict a particular style of boat but where colour schemes and subtle design differences are likely to change. Layout plans in the brochure are for general guidance only and are not to scale.
8. Liability.
The company shall have no liability for any death or personal injury to any occupant of its boats unless such is as a result of provable negligence by the company or its employees or agents. You must take all necessary steps to safeguard your personal property and that of your party during your holiday. Any vehicles and their contents are left entirely at your risk.
9. Hirer’s equipment.
You may not take on board the boat any device that may constitute a danger to the vessel, its equipment or occupants. This shall include (but not be limited to) portable heaters, any form of combustible substance (particularly petroleum products), TV sets or lighting (save for self contained electrical torches).
10. Extras
Optional Extras such as rowing or sailing dinghies may be available at extra charge as stated in the brochure but are subject to availability on your hire start date. We may also request an additional security deposit or damage waiver.
11. Navigation Restrictions.
You are not permitted to: Tow any other boat unless with professional assistance and with the agreement of the company; Cruise after sun set or before sun rise; Enter any restricted or private waters; Venture beyond any navigation restriction placed on hire cruisers, including but not exclusively taking the boat out to sea; Remove or permit the boat to be removed from the water without prior permission; Pilot unaided under Potter Heigham or Wroxham bridges; Permit the boat to be included in any form of race; Exceed the speed limit for the water you are navigating. You must observe all current applicable by-laws and are responsible for appraising yourself of these.
12. Loss of water.
You are responsible for any charge made by the waterways authorities in respect of Loss of Water or Damage to waterway property caused whilst you are in charge of the boat.
13. Delays or curtailment.
Every boat is cleaned and checked before the start of each holiday and it is unlikely that it will suffer any mechanical breakdown during your holiday. In the unlikely event that a problem does occur, you must report it to the company immediately when all reasonable steps will be taken to rectify any fault so you can continue to enjoy your holiday. We will not be liable for any consequential loss or damage that you may suffer as a result of such a breakdown.
14. Unsuitable hirers.
We reserve the right to decline to accept a booking or to refuse to hand over a boat to any person who, in our opinion, is not suitable to take charge on the grounds of age, ill-health, disability, inexperience or any other reason, when, in our opinion, to do so would lead to a serious risk of accident or damage. In such cases, the hire terms paid shall be refunded in full and the contract shall be discharged without further liability on either party.
15. Accidents.
Throughout your holiday, you are solely responsible for the safe navigation and handling of the boat. No minor may pilot the boat without the appropriate supervision of a responsible adult; the company reserves the right to repossess the boat if it feels that you are neglecting this responsibility. If you are involved in an accident that causes damage or loss to the boat or any third party, you must inform us as soon as practical, get the name of the hirer or owner of any other vessel involved and/or those who witnessed it, along with the vessel’s registration number (on the bow of each vessel) along with the operator’s name where applicable. No repairs to the boat or its equipment may be initiated without our consent. You will be required to complete an accident report form upon your return to us. Any accident that renders the boat unsafe will act as a curtailment to the holiday and the company shall, at it’s sole discretion, provide an alternative vessel if available. In the event of this not being possible, no monies shall be due to the hirer. We reserve the right to repossess the boat at any time where a serious accident or damage has occurred or in our opinion is likely to occur because of the unsuitability of the hirer due to age, ill-health, disability, inexperience or any other reason. In such cases, we shall not be liable to make a refund of any portion of the hire terms paid.
16. Accommodation.
All boats are strictly non-smoking. Any breach of this rule will result in the termination of the Hirer’s booking and a request to vacate immediately. All monies paid will be forfeited. No boat may be occupied by more people than are stated on the booking documentation or more people than it is advertised as accommodating in the company brochure. We may seek additional costs from you to cover damage or smell caused by failure to adhere to this condition and reserve the right to deduct such charge from any deposit we may hold.
17. Departure from marina. Unless otherwise stated and agreed, all boats will be made available from 2pm on the day of departure unless a delay is incurred. We will not be liable for any consequential loss as a result of any delay in departure. Before every holiday your party will have a demonstration of how to pilot the boat and be given an overview of its equipment and deck gear. Each member of your party shall be provided with a buoyancy aid prior to boarding the boat for the first time.
18. Damage Waiver & Security deposits.
Although our boats are insured, the hirer is primarily responsible for any damage to the boat or its equipment. Damage Waiver: A non-refundable damage waiver covers the craft in the event of loss or damage. The waiver does not cover deck gear (including boat hooks, mops & brushes, fenders, buoyancy aids, life belts, rhond anchors or mooring warps, mud weights or anchors, television aerials, masts etc). All loss or damage to deck gear will be chargeable. Security Deposit: A security deposit of £50.00 per person is payable on all male/all female parties and groups under the age of 25. This will be returned upon the safe and undamaged return of the boat providing there have been no losses or breaches of these terms and conditions.
19. Returning the boat.
On the final day of your holiday you must return the boat to our marina by 9am and have vacated by 10am. The boat must be in a clean and tidy condition and the company reserves the right to make a charge for any boats that fail to meet this requirement and require extra cleaning. Left Items. The Hirer will be notified of any of the Hirer’s possessions that have been left on the boat after it has been vacated. Notice will be made in writing by post or email, generally within fourteen (14) days after the end of the booking period. The cost of returning any item (postage, packing and handling) must be met by the Hirer. If the Hirer does not wish for the item to be returned, the Operators will dispose of it as necessary but reserve the right to levy a charge for any items that are hazardous and/or difficult to dispose of. Any item to be returned will be suitably packed but the Operators accept no responsibility for loss or damage in transit.
20. Linen.
Sheets and duvets are provided for all occupants notified at the time of booking. The supply of sheets and duvets for any additional occupants not notified at the point of booking (up to maximum number of occupants permitted on the boat may incur an additional charge). Towels are only supplied for overseas visitors or upon request (at an additional charge).
21. Insurance.
The Hirer is strongly advised to arrange their own travel insurance to give protection in the event that the Hirer is unable, for any reason, to take up the holiday accommodation at the agreed time or to cover personal loss or damage sustained during the holiday. The company’s insurance will not provide any such cover.
22. Chemicals.
Basic cleaning chemicals will be left on the boat for the benefit of the Hirer – we will not provide any hazardous chemicals (including bleach). It is the Hirer’s responsibility to ensure the safe storage of these, particularly in the presence of children. You are not permitted to use bleach either in the sink (which discharges into the river) or the toilet (as it reacts with the chemicals in the tank).
23. Satisfaction.
It is our aim that you are completely satisfied with your boat, its equipment and cleanliness when you start your holiday. You will be asked to sign a satisfaction note confirming your boat is clean and properly equipped at the time of take-over (you should not sign this note until you have checked your boat accordingly). Any shortcomings must be notified to us immediately they are discovered. We cannot consider any claim for shortcomings unless we have been so notified.
24. Force majeur.
The company shall not be responsible for any consequences of any problems or delays that are beyond its control. This shall include (but not exclusively) navigation restrictions imposed by a third party, flooding, loss of water, industrial action, fuel rationing or shortage of fuel. If the company is prevented by circumstances beyond its control from making the boat available and cannot provide a suitable alternative, we will refund all monies paid by you but no further liability will be accepted.
25. Legal.
This Agreement (and any disputes, claims or proceedings of whatsoever nature arising) shall be governed by and shall be construed in accordance with the laws of England. The Hirer hereby consents to the exclusive jurisdiction of the English courts in all disputes. This agreement supersedes all previous agreements and forms the entire agreement between the parties. No variation to this agreement shall be effective unless in writing and signed by the Company or an authorised representative. This agreement shall be personal to the parties to this agreement and no party may assign or transfer any right or obligations under the agreement without the express written consent of both parties. This agreement may be executed in one or more parts, each of which are deemed to be an original document but all the parts together shall constitute one and the same agreement. A facsimile or other copy of this agreement shall have the full force and effect of the original agreement. Should any provision or any part of any provision in this agreement be held to be unenforceable, void or contrary to any law, this shall be severed from the agreement and the remaining provisions shall remain in full force and effect. To the extent that the Company is hindered or prevented by circumstances not reasonably foreseeable or not within their reasonable control from performing any of its obligations then it shall be relieved from any liability for its failure to perform these obligations.
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