Please read these conditions carefully. They are part of the agreement and contain legal obligations and liabilities of the Hirer.
- DEFINITIONS: In these conditions and agreement: ‘the Company’ means Avon View Marina ‘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. ‘The Conditions’ mean the conditions set out in this form. ‘The price’ means the price for the booking set out in the booking confirmation. ‘The start date’ means the date when the booking starts as set out in the booking confirmation. ‘The end date’ means the date when the booking ends as set out in the booking confirmation.’ the period of hire’ means the period between the start date and the end date.
- BOOKING AGREEMENT: A booking is a legally binding contract. Submission of a completed booking form is an offer by the Hirer and the booking agreement is made only if and when the Company gives a written accommodation hire confirmation. Telephone bookings do not create legal agreements and any offer by the Company to hold a reservation is not legally binding except where the booking deposit is authorised by the Hirer by credit card when acceptance by the company shall create the booking agreement though the Hirer shall also complete a booking form. The contract includes these conditions which the Hirer accepts having read and agreed them. The entire contract between the Company and the Hirer is contained in these Conditions and the 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 writing, advertisement or conversation. No agent, servant or representative of the Company 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 Company. These conditions can only be varied with the written permission of, and signed by, a Director of the Company. The Hirer acknowledges that no statement or representation which may have been made by or on behalf of the Company induced the Hirer to enter into the contract and that any such statements or representations do not form part of the contract. Any liability of the Company and any remedy of the Hirer in respect of any such statement or representation is excluded save in so far as liability in respect of any statement or representation may not be excluded by law. In accepting a booking, the Company’s responsibility does not extend beyond the provision of the accommodation during the period of hire. Bookings for optional extras are taken subject to availability on the start date.
- GROUP BOOKINGS, AGE LIMITS AND UNSUITABLE HIRERS: the Hirer must be aged 21 years or over. Persons aged under eighteen years will always be under the close supervision of a competent adult. The Hirer must provide on the booking form full details of all persons in their party. The Company may at its discretion cancel any booking made in contravention of this condition before or at the start date. In this event any money paid will be forfeit and any balance payment will remain due unless the Company is able to re-let. If the Company can re-let, the Hirer will remain liable for 15% of the price, to cover administration expenses. The Company may at its discretion cancel the booking and refuse to hand over the accommodation to any person or group who in its opinion is not suitable to take charge, on the grounds of age, suspected influence of alcohol or drugs or any reason that may adversely affect the safety of any person, or the commercial interests of the company. In this event (and provided that the Hirer is not in breach of any other conditions) the Company will refund all monies paid for accommodation and the contract shall be discharged without further liability on either party. The Company may repossess the accommodation at any time if in the opinion of the Company, the Hirer is unsuitable for the reasons given above, or if the Hirer is not behaving responsibly, or if the accommodation or any persons are at risk. In this event the Hirer shall remain liable to pay the hire price and no refund shall be due.
- CANCELLATIONS AND CHANGES: The agreement including the payment terms is a legally binding contract and may not be cancelled or amended except as provided in the Conditions. Should the Hirer wish to cancel or amend the booking they must advise the Company immediately by telephone and at the same time send written confirmation by Recorded Delivery post or email. The company 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. In the event of a cancellation, the deposit will be forfeited, and the Hirer will pay the balance price on the due date. The Company may at its discretion waive the balance price if it is successful in re-letting the boat for the whole of the hire period. It is therefore strongly recommended that the Hirers protect themselves against cancellation liability by taking out cancellation protection. In the event of any claim being disallowed for any reason, the Hirer remains liable for the full hire charges. In the event of the operator being unable to rebook the accommodation the Hirer will remain responsible for the full hire price unless covered by a cancellation protection scheme.
- HIRE PERIOD: The hire period is as shown in the booking confirmation. The Company will endeavour to have the accommodation ready for the Hirer at 14.00 on the start date. The Hirer must notify the company of any likely delay in arrival as soon as possible telephone. In the event that the accommodation is not available because of circumstances beyond the Company’s control, the Company shall refund any payments made but shall not otherwise be liable and the contract shall be discharged. The accommodation keys shall be returned to the Company’s lock box and be vacated in a clean and tidy condition no later than 10.00 on the end date. Breach of this condition will incur an additional charge of up to £50 per hour or part thereof. In addition, the Hirer will be liable for any extra costs and/or damages incurred by the Company as a result of the accommodation not being available on time for the next Hirer.
- PRICES AND PAYMENT: Prices are inclusive of V.A.T. and are subject to any change in the V.A.T. rate prior to the settlement of the price in full. The booking confirmation and booking statement are not V.A.T. invoices. Prices are in pounds sterling. The Hirer shall reimburse the Company on demand for any expenses incurred in the conversion of foreign currencies, bank charges, special clearance, re-presenting cheques, processing payments or otherwise in obtaining cleared sterling funds of the amount due on the due date. Payment is not made until cash or cleared funds have been received by the Company. The booking deposit must be sent with the booking application. The balance of the price is due not less than 2 weeks before the hire start date. Time of payment shall be of the essence of the contract. For bookings made within 2 weeks before the hire start date payment in full must accompany the booking form. Without prejudice to any other rights of the Company it may charge interest (both before and after any judgment) at the rate of 3% over the Company’s bankers base lending rate, on any monies due from the due payment date until the date of payment, and interest shall accrue from day to day.
- INSURANCE: The Company insures the accommodation and its equipment and inventory against public liability risks. The Company’s insurance does not cover personal accidents or loss or damage to personal effects. Hirers and their guests are advised to take out their own personal insurance cover. The Hirer will indemnify the Company against all costs, damage, expenses, liability and claims howsoever arising from the negligence, neglect or default of the Hirer to the extent that they are not covered by the Company’s policy.
- SAFETY AND OTHER RULES: The Hirer agrees to always comply with the following rules for the health and safety of the persons in the accommodation. Not to use the accommodation for business purposes. Not to allow in the accommodation at any time, more persons than the maximum number of berths.
- ACCIDENTS: The Hirer oversees the accommodation. In the event of any accident or damage to the accommodation the Hirer must advise the company immediately phone and where possible email. Not to carry out or have carried out repairs without the consent of the Company. Obtain and follow the Company’s instructions. In the event of an accident the Company may repossess the accommodation, and the hiring contract shall then terminate without liability on the Company. In the event that the Company’s 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 Company in respect of all liability claims, loss, damage or expenses incurred.
- MAINTENANCE, REPAIRS, DAMAGE AND BREAKDOWN: The Hirer shall take reasonable care of the accommodation, its equipment and contents and shall return them at the end of the hire period in accordance with the Company’s instructions and in good clean and tidy order and condition. The Hirer shall notify the Company in the event of breakdown, damage, theft or loss. The Hirer must not undertake or have undertaken any repairs, adjustment or service without the Company’s prior approval. Any repairs or replacements by the Hirer without the Company’s approval will not be accepted. The Hirer shall notify the Company if any of these operations cannot be carried out without risk of accident or damage. The Hirer shall have no claim on the Company as a result of breakdown or failures of the accommodation and its equipment or for any delays caused by repairs. The Hirer shall comply with the Company’s instructions; otherwise, the Hirer shall be liable for any loss or damage incurred.
- HIRER’S PROPERTY: Vehicles may be left in the Company’s car parks at the owner’s risk. The Company will be under no liability for any loss of, or damage to vehicles or contents of the Hirer’s or other people’s property, on the boat or elsewhere, or howsoever caused, except by the Company’s negligence or that of those for whom the Company is responsible. Hirers are particularly advised not to leave any valuable or portable items in the car. The Company shall take such action as may be necessary to silence car alarms in the Company’s car parks and to recover the costs from the Hirer. The Company may return Hirer’s property left behind if claimed and following the receipt of payment for postage and packing (minimum charge £10). Property not claimed within two months from the end date will be disposed of by the Company.
- PETS: Pets are allowed in the accommodation but must be advised at the time of booking. Hirers must provide their own pet baskets or blankets. All pets must be properly house trained or caged as appropriate, must not be left unattended, and must not be allowed on bedding or chairs. Pets are not covered under the Company’s insurance policy and the Hirer shall be liable for the cost of any damage or extra cleaning required.
- COMPLAINTS: The Hirer shall check the accommodation its contents and equipment fully, immediately after taking possession. In the unlikely event of any alleged deficiencies or shortcomings the Hirer must immediately notify the Company. In order to give the Company, the opportunity to take any necessary remedial action. The Company shall not be liable in respect of any matter which is not so notified immediately and, in any event, shall not be liable in respect of any matter which is notified after the end of the hire period, as the accommodation may then have been taken over by another Hirer and may not be available for inspection.
- EXEMPTION: The Company shall not be liable for any matters arising from any cause beyond the company’s reasonable control or not due to the company’s negligence or wilful default including (without limitation) death or personal injury of Hirer and their guests, loss or damage to property, non-fulfilment or interruption of the booking or delays, breakdowns, mechanical problems, defects, damage, restrictions or obstructions, extreme weather conditions, rationing, shortage or non-availability of fuel or in respect of any consequential loss, damage, expense, injury, or claim. Hirers are recommended to take out personal holiday insurance cover.
- BROCHURE: The specification of accommodation, facilities and equipment in the brochure is intended as a general guide, but the Company shall not be liable in the event of any differences in the accommodation supplied and reserves the right to make modifications. Layout plans are for guidance only and are not to scale and may have steps which are not shown. If the Hirer’s party includes any infirm persons, the Hirer should make relevant enquiries at the time of booking. The Company reserves the right to change accommodation specifications without prior notice.
- DISPUTES: Any dispute, difference or question which may at any time arise out of the booking contract, may be referred at the Company’s sole discretion to a single arbitrator, to be agreed between the parties, or failing agreement to be nominated upon application of either party by the President of the Birmingham Law Society. The decision of such arbitrator (acting as an expert and not as an arbitrator), including any direction as to payment of fees and costs in the arbitration shall be binding on both parties.
- JURISDICTION: The contract between the Company and the Hirer shall be deemed to have been made in England and shall be governed in all respects by English law. The Hirer shall submit to the jurisdiction of the English courts provided that the Company at its option may bring any legal proceedings against the Hirer from courts in any other country.
- DISCOUNTS: Discounts must be claimed on your booking form. Discounts cannot be claimed retrospectively. Legitimate discounts claimed will be deducted from the final balance due and cannot be deducted from an initial deposit.
- WAIVER: No indulgence, forbearance or delay by the Company shall constitute any bar to its enforcement of its rights at any time and no waiver in respect of any breach shall operate as a waiver in respect of any other subsequent breach. Avon View Marina Holidays accept no liability for injury or accidents occurring during the holiday. If you are involved in any accidents or incidents during your holiday, then the hire company must be informed straight away so that a representative from the company has been out to view.