Terms & Conditions

Night boat hire terms | Day boat hire terms | Marina terms of business | Online shop terms

Fox Narrowboats LTD

10 Marina Drive,
March,
Cambridgeshire,
England
PE15 0AU

E-mail: office@foxboats.co.uk

Tel +44 (0) 1354 652770
Fax +44 (0) 1354 650369

FOX NARROWBOATS LTD INLAND BOAT HIRE CONDITIONS

Night Hire Boats Terms

Day Hire Boat Terms

(to be used with a Booking Confirmation)
THIS DOCUMENT IS INTENDED TO CREATE A LEGALLY BINDING CONTRACT. BEFORE SIGNING IT YOU ARE ADVISED TO TAKE INDEPENDENT LEGAL ADVICE AND FOLLOWING SUCH ADVICE, IF NECESSARY, TO AMEND ITS TERMS TO REFLECT THE TERMS THE PARTIES WISH TO AGREE.

Please read these Boat Hire Conditions carefully.  They are all part of the hire agreement (the “Agreement”) and describe the rights and duties of both you and the Company.

Night Boat Hire Terms

1.          Definitions

1.1       In these Inland Boat Hire Conditions and the Agreement the following words have the following meanings:-
“Agreement” means the Hire Agreement between You and the Company which is evidenced by Your booking request and the Booking Confirmation and is made on the basis of these Conditions.

“Booking Confirmation” means the written confirmation issued to You by the Company confirming the hire period, price, place of delivery and other key particulars of the booking.

“Company” means
FOX NARROWBOATS LTD of

10, MARINA DRIVE,
MARCH,
CAMBRIDGESHIRE
PE15 0AU,
TEL 01354 652770

“Conditions” means these Inland Boat Hire Conditions.
“Deposit” means the deposit in the Booking Confirmation.
“End Date” means the end date in the Booking Confirmation.
“Hire Period” means the hire period in the Booking Confirmation.
“Price” means the price in the Booking Confirmation.
“Security Deposit” means the security deposit in the Booking Confirmation.
“Start Date” means the start date in the Booking Confirmation.
“Written” means that the item has been printed, typed, written out by hand or sent or displayed by email or other electronic means.
“You” and “Your” means the person or persons named in the Booking Confirmation, or anyone added at a later date. If there is more than one of You, each of You shall be individually responsible for complying with the Agreement.

2.          Agreement to Hire

2.1       When You request a booking You are making an offer to hire a boat on these Boat Hire Conditions. If the Company accepts Your booking, it will issue the Booking Confirmation to You. The Agreement will not be considered an effective contract until the Company has received Your completed booking form and deposit and sent You a Booking Confirmation. Bookings will only be accepted on the Company booking form or, if applicable, via the Company website.

2.2       You, as party leader, are responsible for ensuring the accuracy of the personal details and any other information supplied in respect of You and Your party.

2.3       When You receive the Booking Confirmation please check the details carefully and inform the Company immediately if anything is incorrect.

2.4       A provisional or conditional booking is not binding and You may cancel it at any time before the Booking Confirmation is sent out to You by the Company.  Similarly the Company may hire the boat to another party in place of You at any time before a Booking Confirmation has been sent to You.

2.5       Nothing in these Boat Hire Conditions affects Your statutory rights.

3.          Prices and Payment

3.1       The Company’s advertised prices are in pounds sterling (£) and include Value Added Tax (VAT) and, where applicable, Insurance Premium Tax (IPT). If the rates of VAT, IPT or any other government tax are changed so that a different rate applies to Your hire under these Boat Hire Conditions any difference will be charged, or refunded to You, as the case may be. The tax point is the date the payment is received.

3.2       The Company reserves the right to correct errors in advertised or quoted prices before or at the time of booking and will confirm the correct Price in the Booking Confirmation.

3.3       The Booking Confirmation sets out the total Price payable by You.

3.4       You, as the party leader, are responsible for making all payments due to the Company.  Payment is deemed to have been made by You when cleared funds are received in the Company’s designated bank account.

3.5       You will need to pay the Deposit at the time of the booking request by cash, credit or debit card, bank transfer or cheque.

3.6       The balance of the Price, as well as the Damage Waiver*  is due not less than eight (8)* weeks before the Start Dateas shown in the Booking Confirmation. Time of payment shall be of the essence in this Agreement.  Failure to pay the Price by the due date may result in the booking being cancelled but Your liability for payment will remain.  *You can opt to pay a security deposit of £500 instead of damage waiver.

3.7       For bookings made less than eight (8) weeks before the Start Date, You must pay the Price including Damage Waiver  at the time of the booking request.

3.8       The Company may charge interest at 4% per annum over the Bank of England  base rate on any money which is overdue from the due date until the actual date of full payment.

4.          Your Party

4.1       Personal agreement and obligations: this Agreement is a personal one between You and the Company, and Your identity and the identity of members of Your party are a material factor in the Company’s decision to enter into this Agreement. You must be at least eighteen (18) years of age at the time of booking and possess the legal capacity to make the booking.  You must be authorised by all other members of Your party to enter into this Agreement and accept the Boat Hire Conditions on their behalf. The full names, ages and permanent addresses of all members of Your party must be provided to the Company at the time of booking.  All changes in Your party (the addition, substitution or removal of any member of the party) which take place at any time after the Booking Confirmation has been issued (including during the Hire Period) must be communicated in writing and approved by the Company (such approval is subject to these Boat Hire Conditions, but otherwise not to be unreasonably withheld). You are responsible for making all members of Your party aware of the terms of the Agreement.

4.2       School parties, youth groups, hen or stag parties, business purposes: the Company’s general policy is that it will not enter into this Agreement for school parties, youth groups, hen or stag parties or for any commercial purpose without more information about the members of the party and the purpose and nature of the hire occasion. If the Company later becomes aware that Your party actually falls within this policy but that You have not disclosed it to the Company then the Company may terminate Your booking.  In this event the Deposit and any other part of the Price which You have paid will be retained by the Company and You will remain liable to pay the balance of the Price.

4.3       Medical Issues: if You or any member of Your party has any medical problem or disability that may affect Your booking, please tell the Company before You make Your booking and give full details in writing as early as possible before You travel. If the Company reasonably feels that it cannot properly meet that person’s particular needs, the Company may have to refuse or cancel Your booking.

4.4       The use of alcohol and controlled drugs; Company’s right of immediate cancellation: the boat shall not be navigated while anyone on board is, or appears to be, under the influence of alcohol or drugs and the Company may cancel Your booking and refuse to hand the boat over to You or repossess it if You or any member of Your party is or appears to be under the influence of alcohol or drugs. In such a case the Company shall be entitled to recover any loss, damage and expense from the monies already paid by You and if this is insufficient to cover its loss it shall be entitled to bring a claim against You for the balance of such claim.

4.5       Company’s right to decline handover for safety reasons: the Company may cancel Your booking and refuse to hand the boat over to You if, in its reasonable opinion, You are unsuitable to take charge of the boat for any reason that may adversely affect the safety of any person or property. In this event (and provided that You have fully complied with Your obligations under this Agreement) the Company will refund the Deposit and any other monies which You have paid to the Company and this Agreement shall be discharged without further liability on either party.

4.6       Unreasonable Behaviour: the Company can refuse to hand over the boat if the unreasonable behaviour of anyone in Your party is likely to cause offence to other guests, to members of staff or to waterway users, or if the Company has reasonable cause to believe You or any member of Your party will cause damage or loss to the boat, its services or facilities. If this happens, this Agreement between You and the Company will end and You will not receive any refund and the Company will not have any further responsibility to You. The Company can end a stay after the keys have been handed over, if the unreasonable behaviour of anyone in Your party (including anyone invited onto the boat or property by You) is likely to spoil the enjoyment, comfort or health of other guests, residents, waterway users or members of staff or where You or any member of Your party (or anyone invited on to the boat by you) has broken or is likely to break any of the Agreement, these Boat Hire Conditions, any applicable laws and regulations, or any other terms and conditions applicable to the boat which You have been told about. If this happens, You will have to leave the boat immediately and no refund will be given. You may also be responsible for any costs the Company incurs as a result of Your behaviour.

4.7       Company’s right to repossess during the hire: the Company may repossess the boat at any time after commencement of the Hire Period if, in the reasonable opinion of the Company, You are unsuitable to be in charge of the boat for any reason affecting the safety of any person or property including in particular if You or any member of Your party, or anyone invited onto the boat by You, is or appears to be under the influence of alcohol or drugs or if You are not behaving responsibly or if there has been a material breach of this Agreement.

5.          Cancellation Policy

5.1       This Agreement is a legally binding contract and may only be cancelled in accordance with these Boat Hire Conditions.

5.2       If You want to cancel Your booking You must give the Company written notice (the “Cancellation Notice”). The date of receipt of the the Cancellation Notice shall be the effective cancellation date but in order to increase the prospects of re-letting the boat,  You should pre-advise the Company of the impending cancellation by telephone.

5.3       The Company shall make the following charges for cancellation, depending on the date on which the Cancellation Notice is received:

Days before Start Date when Cancellation Notice received

Cancellation Charge
more than 56: Loss of the Deposit
43 -56: 50% of Price
29 -42: 70% of Price
8 -28: 85% of Price
7 or less: 100% of Price

5.4       If the Company re-lets the boat to a new customer for the Hire Period or part of it the Company will return the cancellation charge which You have paid in respect of any days for which it has re-let the boat after deducting an administration fee of £50 in total.

6.          Changes Requested By You

6.1       This Agreement is a legally binding contract and bookings may only be changed with the agreement of both parties and in accordance with these Boat Hire Conditions.

6.2       If You wish to change Your booking, the Company will try to accommodate the changes subject to availability, provided that notification is received in writing from You.  The Company reserves the right to charge an administration fee of £50 in addition to any difference in the cost of the booking. If the booking You change to is, at the time of amendment, cheaper than what You have paid for Your original booking, no refund will be given.

7.          Cancellation By the Company

7.1       The Company may cancel this Agreement by Written notice in the following circumstances:

7.1.1   for any of the reasons described in this Agreement;
7.1.2   in the event of an accident affecting the safety or navigability of the boat;
7.1.3   for breach of any of the rules set out under Condition 10.1;
7.1.4   for non-payment of any sum due under the booking and/or this Agreement.

7.2       The Company is entitled to recover from You any loss which it suffers as a result of cancellation under any of the provisions of Condition 4 or for breach of Condition 10.1 and it may retain all or part of any payments which You have made as security for such claims.  Subject to this, if the Company is able to relet the boat for all or part of the Hire Period it will give credit for the net sums received as a result of such re-letting and shall prepare and submit to You an account of its claim and of any payment which may be due to You or to the Company within seven (7) days of the End Date.

8.          Hire Period, Collection and Return of the Boat

8.1       The boat will normally be available between 2.00 p.m. and  4.00 p.m. on the Start Date from 10 Marina Drive, March, Cambridgeshire PE15 0AU or as otherwise shown in the Booking Confirmation, subject to the provisions of Condition 8.7.

8.2       You must notify the Company as soon as possible if Your estimated arrival time is delayed or disrupted as this may lead to difficulties and delays in making the boat available to You.  There will be no rebate of the Price for late arrival nor will the Company accept responsibility for any overnight costs which You may incur if You fail to reach the boat during normal working hours.

8.3       Before You take the boat over the Company will give You such instructions, demonstrations and trials as are appropriate and You will then be required to check and sign the inventory of the Boat and the hand over sheet.

8.4       In the event that the boat is not available on the Start Date due to any circumstance for which the Company is not responsible (for example adverse weather or navigation conditions, damage, mechanical breakdown, late return by previous hirer) the Company may substitute the boat with a boat of similar accommodation but if no such boat is available the Company shall refund You with the Deposit and any other payments You have made.

8.5       The boat must be returned to the location specified by the Company or as otherwise shown on the Booking Confirmation or notified under Condition 8.7 and vacated by You by 9.30am on the End Date and it is Your responsibility to allow sufficient time to ensure timely return.

8.6       If You return the boat late or to the wrong place because of poor planning on Your part or for another reason which is Your responsibility then You will be liable to pay £ 75 for every hour or part hour of the delay in returning the boat or giving possession and the cost of recovering the boat to the return point and any other expenses and losses which the Company may incur as a result of the delay including the loss or cancellation of a subsequent booking.

8.7       The Company reserves the right to change the places of handover and return for operational reasons. In such event the Company shall be obliged to give You Written notice of the change in sufficient time to allow any necessary replanning of Your itinerary and to organise any transport which is reasonably necessary for You and Your party as a result of such change.

9.          Insurance and Security Deposit
(Only applicable if you have opted for a £500 secuity deposit instead of your damage waiver).

9.1       The Company insures the boat and its equipment against physical loss and damage and against public liability risks.  You are entitled to any protection that may be afforded by the Company’s insurance policy (subject to Your paying any applicable policy excess) but You and members of Your party may become legally liable to the Company or to third parties for loss or damage caused or contributed to by Your acts, omissions or negligence.

9.2       The Company’s insurance policy does not cover personal accidents or Your personal belongings you and your party are advised to take out personal insurance cover.

9.3       The Security Deposit is intended to cover the Company’s policy excess and any uninsured risks or other sums due to the Company under the Agreement.  The Security Deposit is not the limit of Your potential liability to the Company.

9.4       The Company may apply the whole or any part of the Security Deposit to payment of any claim which the Company may have against You. Otherwise the Company shall promptly refund the Security Deposit by bank transfer, credit card or cheque as soon as the Company is satisfied that no loss, damage or accident has occurred and that no other sums are due to the Company from You.

9.5       Instead of paying the Security Deposit You may use the Damage Waiver Scheme.

10.       Safety and other Rules

10.1    You agree to comply with the following rules at all times during the Hire Period:-

10.1.1              To ensure that at all times while the boat is being navigated or is transiting locks the minimum age of the operator onboard and in charge is eighteen (18) years.
10.1.2              Not to tow or be towed other than in exceptional circumstances.
10.1.3              To moor the boat securely.
10.1.4              Not to navigate after sunset or before sunrise.
10.1.5              To observe all speed limits, and not to navigate at a speed which creates a breaking wash  or disturbs or inconveniences other waterway users.
10.1.6              Not to race the boat.
10.1.7              Not to bring onto the boat any dinghies, canoes,  portable heaters,  bicycles, vehicles, lighting equipment, TV sets, electric tools or cooking appliances, inflammable liquids or substances, gas cylinders, car batteries, fire arms, portable medical equipment or any other items which might create dangers or hazards without the Company’s prior Written permission.
10.1.8              Not to use the boat for any commercial purpose.
10.1.9              To allow the boat to be occupied only by the persons named in the Booking Confirmation.
10.1.10           Not to allow to be on the boat at any time more than 2 more than the maximum number persons allowed on board the boat.
10.1.11           To give way to laden or unladen cargo boats, sailing craft, rowing boats and other human propelled craft.
10.1.12           Not to take the boat on to sea or tidal waters without the consent of the Company. To cruise only on canals and rivers approved by the Company.
10.1.13           Not to have or carry any live bait on the boat.
10.1.14           At all times to observe and abide by all regulations, bye-laws and navigational limits and abide by the instructions and advice of the relevant Navigational Authorities and the Company and their respective officers and employees.

10.2    The Company reserves the right at its reasonable discretion and without liability to restrict cruising areas or routes in the light of prevailing weather and navigation conditions

10.3    If You are reported for improper navigation during the Hire Period or if You are in breach of any of the rules in Condition 10.1 and if the Company has good reason to believe that it will be involved in any expense or penalty as a consequence, then, at the End Date, the Company may retain the Security Deposit against prospective future liabilities, provided that it shall pay it into a separate client account. If no action has been taken after a maximum period of six (6) months from the End Date the Company shall return the Security Deposit to You together with accrued interest. Where the Security Deposit has been provided by credit card, the Company shall not be entitled to charge the card with more than the Security Deposit  and shall be obliged in any event to notify You in writing of the amount and date of any such charge.

11.       Accidents

11.1    You are in charge of the boat and are responsible for its safe navigation.  In the event of any accident or damage involving You or any other people or any property You must:-
11.1.1              obtain and record the name of any other boats and the names and addresses of any other people involved on the form provided by the Company (when available);
11.1.2              notify the Company as soon as practically possible with full details of the accident and any damage sustained; and
11.1.3              proceed in accordance with and follow the Company’s reasonable instructions.

12.       Looking after the Boat

12.1    You are responsible for and will keep the boat and its equipment and contents in clean and tidy order during the Hire Period.

12.2    You must notify and provide full details to the Company of any breakdown, damage, theft or loss involving the boat as soon as practically possible. You must not undertake or commission any repairs, adjustment or service without the Company’s prior approval.

12.3    Although the boat and its equipment are insured against many risks by the Company, You remain responsible to the Company for any damage or loss arising from Your breach of the Agreement, Your deliberate acts or from Your negligence.

12.4    You shall be responsible for getting the boat off mud banks or other grounding and for removal of weeds, rope or other matter from propellers and steering gear and for keeping the Company informed of any incidents of this nature.

13.       Rights of Entry

13.1    The Company reserves the right at any time to board the boat to inspect it (including but not limited to where You have complained about the boat). If this happens, the Company will try to give You reasonable notice first. You agree to allow the Company or their representative(s) or contractor(s) immediate access to the boat at any time.

14.       Hirer’s Property

14.1    Vehicles may be left entirely at their owner’s risk in the Company’s car park. The Company will be under no liability for any loss or damage to vehicles or their contents or for Your property on the boat unless caused by the Company’s negligence.

14.2    The Company may take such reasonable action as it shall consider necessary to silence car alarms in the Company’s car park and to recover the costs from You. This is inclusive of any requirements and obligations under the Noise and Statutory Nuisance Act 1993 and/or under the Clean Neighbourhoods and Environment Act  2005 and/or any other relevant legislation.

14.3    The Company will return property which it finds which has been accidentally left on the boat provided that it is claimed promptly and that You either arrange for its collection or agree to pre-pay for any postage and packing. Property not claimed within two months from the End Date may be disposed of by the Company.

15.       Fuel
NOTE: Only one of the options, A or B, set out at Condition 15.1 should be used. Please delete or strike out the option which does not apply.

15.1
The boat is handed over ready fuelled and the Price includes the cost of fuel consumed.

15.2    The Company may make a fuel surcharge if the cost of diesel at the companies fuel supplier increases by ten percent (10%) or more between the date of the Booking Confirmation and the Start Date. This surcharge shall be limited to the actual percentage increase in the cost of diesel.

15.3    Refuelling may only take place at the premises of suppliers designated by the Company.

16.       Pets

16.1    Pets are allowed on the boat only with the Company’s prior permission.  You shall give notice of any pets You wish to bring at the time of making the booking.

16.2    The Company may make charges and take additional security deposit for pets at its discretion.
16.3    The Company’s charges for pets are set out in the brochure and website.

16.4    You must provide any pet baskets or blankets.

16.5    All pets must be properly house trained or caged as appropriate, must never be left unattended, and shall not be allowed on bedding or chairs.

16.6    Pets and pet damage are not covered under the Company’s insurance policy and You will be liable for any damage or loss caused by them.

17.       Inventory

17.1    You will be required to sign the inventory on taking the boat over. Any shortcomings discovered during the Hire Period must be notified to the Company as soon as practically possible so as to afford the Company the opportunity to rectify the matter. You will be responsible for the cost of replacing or repairing any items on the inventory which are missing or damaged at the end of the Hire Period.

18.       Exclusion and Limitation of Liability

18.1    The Company shall not be liable to pay any compensation, damages, costs or expenses for any claim arising from any cause beyond the Company’s reasonable control which could not have been mitigated or avoided by the Company including but not limited to:

18.1.1   loss of or damage to any person’s property (including the boat);
18.1.2   non-fulfilment, interruption or delay to the booking;
18.1.3   breakdowns, mechanical problems, latent defects, damage to the boat;
18.1.4   restrictions on cruising, obstructions, repairs, damage or closure of waterways, non availability of routes, navigational works, storms, floods, droughts, ice, shortage of water or other weather or climactic conditions;
18.1.5   rationing, shortage or non availability of fuel;
18.1.6   consequential loss, damage or expense which You incur including the cost of alternative transport, accommodation or other holiday provision.

18.2    The Company’s total liability to You and any person claiming through You in respect of all claims which may arise under this Agreement (other than in respect of claims which cannot be excluded or limited at law, such as claims for death or personal injury) shall be limited in aggregate to the Price actually paid by You to the Company in respect of the Agreement in question.

18.3    To the extent that the terms of this Agreement contradict any laws on consumer rights, the rights conferred on any Party who is a consumer shall remain unaffected.

19.       Brochure / Website

19.1    The specifications of boats, their accommodation, facilities and equipment in the brochure are intended as a general guide and the Company shall not be liable in the event of any insubstantial differences in the boats supplied and reserves the right to make modifications.  In particular alterations may occur during rebuilding or refitting, boats within classes may differ, colours may vary, layout plans are for guidance only and are not to scale and boats may have steps which are not shown.  If Your party includes any infirm or disabled persons You should make relevant enquiries at the time of booking.

20.       Special Requests

20.1    If You have any special requests, You must let the Company know when You make the booking and confirm Your special requests in writing. The Company cannot guarantee that any request will be met.

21.       Complaints

21.1    You must contact the Company immediately if any problem arises so that it can be sorted out as quickly as possible. It is often extremely difficult (and sometimes impossible) to sort out difficulties properly unless You let the Company know promptly. If, after this, You feel that the problem has not been sorted to your satisfaction, You must, within thirty (30) days of returning from Your trip, provide the Company with a written compaint. The Company has a procedure to make sure it can sort out complaints as quickly as possible. 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 if this would be appropriate. Should Your Complaint remain unresolved after following the procedure under this Clause 21, you may raise the complaint with British Marine (“BM”), who operate a procedure for complaints received regarding current BM members. Please contact BM for further information.

22.       Third Parties

22.1    A person who is not a party to this Agreement, shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

23.       Data Protection

23.1    To process Your booking we will need to collect and process personal information. This may, for operational reasons, be held overseas. For more detailed information about how we use personal information, please see the Company’s Privacy Policy.

24.       Law and Jurisdiction

24.1    This Agreement and any non-contractual obligations arising out of, or in connection with, this Agreement shall be governed by and construed in accordance with English law.

24.2    Subject to Clause 25 below, You and the Company irrevocably agree that any and every dispute (and any non-contractual obligations) arising out of or in connection with this Agreement shall be subject to the non-exclusive jurisdiction of the English courts.

25.       Dispute Resolution

25.1    Disputes arising out of or in connection with this Agreement, when they cannot be resolved by negotiation, may, with the written agreement of the Parties, first be submitted to mediation under BM’s Dispute Resolution Scheme. Details of the Scheme are available to current BM members on request from BM and/or on BM’s member website.

Boat hire terms | Day boat hire additional terms | Marina terms of business | Online shop terms

DAY BOAT HIRE TERMS

FOX NARROWBOATS LTD DAY BOAT HIRE TERMS AND CONDITIONS

THE FOLLOWING CONDITIONS OF HIRE HAVE BEEN PRODUCED BY BRITISH MARINE
Please read these Boat Hire Conditions carefully.  They are all part of the hire agreement (the “Agreement”) and describe the rights and duties of both you and the Company.

1.          Definitions

1.1       In these Inland Boat Hire Conditions and the Agreement the following words have the following meanings:-
“Agreement” means the Hire Agreement between You and the Company which is evidenced by Your booking request and the Booking Confirmation and is made on the basis of these Conditions.

“Booking Confirmation” means the written confirmation issued to You by the Company confirming the hire period, price, place of delivery and other key particulars of the booking.

“Company” means Fox Narrowboats Ltd of 10, Marina Drive, March, Cambridgeshire PE15 0AU Tel 01354 652770 Fax 01354 650369 email reception@foxboats.co.uk

“Conditions” means these Inland Boat Hire Conditions.
“End Date” means the end date in the Booking Confirmation.
“Hire Period” means the hire period in the Booking Confirmation.
“Price” means the price in the Booking Confirmation.
“Security Deposit” means the security deposit in the Booking Confirmation.
“Start Date” means the start date in the Booking Confirmation.
“Written” means that the item has been printed, typed, written out by hand or sent or displayed by email or other electronic means.
“You” and “Your” means the person or persons named in the Booking Confirmation, or anyone added at a later date. If there is more than one of You, each of You shall be individually responsible for complying with the Agreement.

2.          Agreement to Hire

2.1       When You request a booking You are making an offer to hire a boat on these Boat Hire Conditions. If the Company accepts Your booking, it will issue the Booking Confirmation to You. The Agreement will not be considered an effective contract until the Company has received Your completed booking form and deposit and sent You a Booking Confirmation. Bookings will only be accepted on the Company booking form or, via the Company website.

2.2       You, as party leader, are responsible for ensuring the accuracy of the personal details and any other information supplied in respect of You and Your party.

2.3       When You receive the Booking Confirmation please check the details carefully and inform the Company immediately if anything is incorrect.

2.4       A provisional or conditional booking is not binding and You may cancel it at any time before the Booking Confirmation is sent out to You by the Company.  Similarly the Company may hire the boat to another party in place of You at any time before a Booking Confirmation has been sent to You.

2.5       Nothing in these Boat Hire Conditions affects Your statutory rights.

3.          Prices and Payment

3.1       The Company’s advertised prices are in pounds sterling (£) and include Value Added Tax (VAT) and, where applicable, Insurance Premium Tax (IPT). If the rates of VAT, IPT or any other government tax are changed so that a different rate applies to Your hire under these Boat Hire Conditions any difference will be charged, or refunded to You, as the case may be. The tax point is the date the payment is received.

3.2       The Company reserves the right to correct errors in advertised or quoted prices before or at the time of booking and will confirm the correct Price in the Booking Confirmation.

3.3       The Booking Confirmation sets out the total Price payable by You.

3.4       You, as the party leader, are responsible for making all payments due to the Company.  Payment is deemed to have been made by You when cleared funds are received in the Company’s designated bank account.

3.5       You will need to pay the hire fee at the time of the booking request by cash, credit or debit card, bank transfer or cheque.

4.          Your Party

4.1       Personal agreement and obligations: this Agreement is a personal one between You and the Company, and Your identity and the identity of members of Your party are a material factor in the Company’s decision to enter into this Agreement. You must be at least eighteen (18) years of age at the time of booking and possess the legal capacity to make the booking.  You must be authorised by all other members of Your party to enter into this Agreement and accept the Boat Hire Conditions on their behalf. The full names, ages and permanent addresses of all members of Your party must be provided to the Company at the time of booking.  All changes in Your party (the addition, substitution or removal of any member of the party) which take place at any time after the Booking Confirmation has been issued (including during the Hire Period) must be communicated in writing and approved by the Company (such approval is subject to these Boat Hire Conditions, but otherwise not to be unreasonably withheld). You are responsible for making all members of Your party aware of the terms of the Agreement.

4.2       School parties, youth groups, hen or stag parties, business purposes: the Company’s general policy is that it will not enter into this Agreement for school parties, youth groups, hen or stag parties or for any commercial purpose without more information about the members of the party and the purpose and nature of the hire occasion. If the Company later becomes aware that Your party actually falls within this policy but that You have not disclosed it to the Company then the Company may terminate Your booking.  In this event the Deposit and any other part of the Price which You have paid will be retained by the Company and You will remain liable to pay the balance of the Price.

4.3       Medical Issues: if You or any member of Your party has any medical problem or disability that may affect Your booking, please tell the Company before You make Your booking and give full details in writing as early as possible before You travel. If the Company reasonably feels that it cannot properly meet that person’s particular needs, the Company may have to refuse or cancel Your booking
.
4.4       The use of alcohol and controlled drugs; Company’s right of immediate cancellation: the boat shall not be navigated while anyone on board is, or appears to be, under the influence of alcohol or drugs and the Company may cancel Your booking and refuse to hand the boat over to You or repossess it if You or any member of Your party is or appears to be under the influence of alcohol or drugs. In such a case the Company shall be entitled to recover any loss, damage and expense from the monies already paid by You and if this is insufficient to cover its loss it shall be entitled to bring a claim against You for the balance of such claim.

4.5       Company’s right to decline handover for safety reasons: the Company may cancel Your booking and refuse to hand the boat over to You if, in its reasonable opinion, You are unsuitable to take charge of the boat for any reason that may adversely affect the safety of any person or property. In this event (and provided that You have fully complied with Your obligations under this Agreement) the Company will refund the Deposit and any other monies which You have paid to the Company and this Agreement shall be discharged without further liability on either party.

4.6       Unreasonable Behaviour: the Company can refuse to hand over the boat if the unreasonable behaviour of anyone in Your party is likely to cause offence to other guests, to members of staff or to waterway users, or if the Company has reasonable cause to believe You or any member of Your party will cause damage or loss to the boat, its services or facilities. If this happens, this Agreement between You and the Company will end and You will not receive any refund and the Company will not have any further responsibility to You. The Company can end a stay after the keys have been handed over, if the unreasonable behaviour of anyone in Your party (including anyone invited onto the boat or property by You) is likely to spoil the enjoyment, comfort or health of other guests, residents, waterway users or members of staff or where You or any member of Your party (or anyone invited on to the boat by you) has broken or is likely to break any of the Agreement, these Boat Hire Conditions, any applicable laws and regulations, or any other terms and conditions applicable to the boat which You have been told about. If this happens, You will have to leave the boat immediately and no refund will be given. You may also be responsible for any costs the Company incurs as a result of Your behaviour.

4.7       Company’s right to repossess during the hire: the Company may repossess the boat at any time after commencement of the Hire Period if, in the reasonable opinion of the Company, You are unsuitable to be in charge of the boat for any reason affecting the safety of any person or property including in particular if You or any member of Your party, or anyone invited onto the boat by You, is or appears to be under the influence of alcohol or drugs or if You are not behaving responsibly or if there has been a material breach of this Agreement.

5.          Cancellation Policy

5.1       This Agreement is a legally binding contract and may only be cancelled in accordance with these Boat Hire Conditions.

5.2       If You want to cancel Your booking You must give the Company written notice (the “Cancellation Notice”). The date of receipt of the the Cancellation Notice shall be the effective cancellation date but in order to increase the prospects of re-letting the boat,  You should pre-advise the Company of the impending cancellation by telephone.

5.3       The Company shall make the following charges for cancellation, depending on the date on which the Cancellation Notice is received:

Days before Start Date when Cancellation Notice received

Cancellation Charge

more than 7: Full refund less a £25 administration fee
1-6: 100% of charge

5.4       If the Company re-lets the boat to a new customer for the Hire Period or part of it the Company will return the cancellation charge which You have paid in respect of the day hire

6.          Changes Requested By You

6.1       This Agreement is a legally binding contract and bookings may only be changed with the agreement of both parties and in accordance with these Boat Hire Conditions.

6.2       If You wish to change Your booking, the Company will try to accommodate the changes subject to availability, provided that notification is received in writing from You.  The Company reserves the right to charge an administration fee of £25 in addition to any difference in the cost of the booking. If the booking You change to is, at the time of amendment, cheaper than what You have paid for Your original booking, no refund will be given.

7.          Cancellation By the Company

7.1       The Company may cancel this Agreement by Written notice in the following circumstances:
7.1.1   for any of the reasons described in this Agreement;
7.1.2   in the event of an accident affecting the safety or navigability of the boat;
7.1.3   for breach of any of the rules set out under Condition 10.1;
7.1.4   for non-payment of any sum due under the booking and/or this Agreement.

7.2       The Company is entitled to recover from You any loss which it suffers as a result of cancellation under any of the provisions of Condition 4 or for breach of Condition 10.1 and it may retain all or part of any payments which You have made as security for such claims.  Subject to this, if the Company is able to relet the boat for all or part of the Hire Period it will give credit for the net sums received as a result of such re-letting and shall prepare and submit to You an account of its claim and of any payment which may be due to You or to the Company within seven (7) days of the End Date.

8.          Hire Period, Collection and Return of the Boat

8.1       The boat will normally be available between 9.30am and  11am on the Start Date from Fox Narrowboats Ltd, 10 Marina Drive, March, Cambridgeshire PE15 0AU or as otherwise shown in the Booking Confirmation, subject to the provisions of Condition 8.7.

8.2       You must notify the Company as soon as possible if Your estimated arrival time is delayed or disrupted as this may lead to difficulties and delays in making the boat available to You.  There will be no rebate of the Price for late arrival nor will the Company accept responsibility for any overnight costs which You may incur if You fail to reach the boat during normal working hours.

8.3       Before You take the boat over the Company will give You such instructions, demonstrations and trials as are appropriate and You will then be required to check and sign the inventory of the Boat and the hand over sheet.

8.4       In the event that the boat is not available on the Start Date due to any circumstance for which the Company is not responsible (for example adverse weather or navigation conditions, damage, mechanical breakdown, late return by previous hirer) the Company may substitute the boat with a boat of similar accommodation but if no such boat is available the Company shall refund You with the Deposit and any other payments You have made.

8.5       The boat must be returned to the location specified by the Company or as otherwise shown on the Booking Confirmation or notified under Condition 8.7 and vacated by You by 6pm on the day of your trip and it is Your responsibility to allow sufficient time to ensure timely return.

8.6       If You return the boat late or to the wrong place because of poor planning on Your part or for another reason which is Your responsibility then You will be liable to pay £ 50 for every hour or part hour of the delay in returning the boat or giving possession and the cost of recovering the boat to the return point and any other expenses and losses which the Company may incur as a result of the delay including the loss or cancellation of a subsequent booking.

8.7       The Company reserves the right to change the places of handover and return for operational reasons. In such event the Company shall be obliged to give You Written notice of the change in sufficient time to allow any necessary replanning of Your itinerary and to organise any transport which is reasonably necessary for You and Your party as a result of such change.

9.          Insurance and Security Deposit

9.1       The Company insures the boat and its equipment against physical loss and damage and against public liability risks.  You are entitled to any protection that may be afforded by the Company’s insurance policy (subject to Your paying any applicable policy excess) but You and members of Your party may become legally liable to the Company or to third parties for loss or damage caused or contributed to by Your acts, omissions or negligence.

9.2       The Company’s insurance policy does not cover personal accidents or Your Personal belongings you and your party are advised to check the level or your own personal insurance.

9.3       The Security Deposit is intended to cover the Company’s policy excess and any uninsured risks or other sums due to the Company under the Agreement.  The Security Deposit is not the limit of Your potential liability to the Company.

9.4       The Company may apply the whole or any part of the Security Deposit to payment of any claim which the Company may have against You. Otherwise the Company shall promptly refund the Security Deposit by the method it was paid as soon as the Company is satisfied that no loss, damage or accident has occurred and that no other sums are due to the Company from You.

10.       Safety and other Rules

10.1    You agree to comply with the following rules at all times during the Hire Period:-

10.1.1              To ensure that at all times while the boat is being navigated or is transiting locks the minimum age of the operator onboard and in charge is eighteen (18) years.
10.1.2              Not to tow or be towed other than in exceptional circumstances.
10.1.3              To moor the boat securely.
10.1.4              Not to navigate after sunset or before sunrise.
10.1.5              To observe all speed limits, and not to navigate at a speed which creates a breaking wash  or disturbs or inconveniences other waterway users.
10.1.6              Not to race the boat.
10.1.7              Not to bring onto the boat any dinghies, canoes,  portable heaters,  bicycles, vehicles, lighting equipment, TV sets, electric tools or cooking appliances, inflammable liquids or substances, gas cylinders, car batteries, fire arms, portable medical equipment or any other items which might create dangers or hazards without the Company’s prior Written permission.
10.1.8              Not to use the boat for any commercial purpose.
10.1.9              To allow the boat to be occupied only by the persons named in the Booking Confirmation.
10.1.10           Not to allow to be on the boat at any time more than ten (10) persons.
10.1.11           To give way to laden or unladen cargo boats, sailing craft, rowing boats and other human propelled craft.
10.1.12           Not to take the boat on to sea or tidal waters without the consent of the Company. To cruise only on canals and rivers approved by the Company.
10.1.13           Not to have or carry any live bait on the boat.
10.1.14           At all times to observe and abide by all regulations, bye-laws and navigational limits and abide by the instructions and advice of the relevant Navigational Authorities and the Company and their respective officers and employees.

10.2    The Company reserves the right at its reasonable discretion and without liability to restrict cruising areas or routes in the light of prevailing weather and navigation conditions

10.3    If You are reported for improper navigation during the Hire Period or if You are in breach of any of the rules in Condition 10.1 and if the Company has good reason to believe that it will be involved in any expense or penalty as a consequence, then, at the End Date, the Company may retain the Security Deposit against prospective future liabilities, provided that it shall pay it into a separate client account. If no action has been taken after a maximum period of [six (6)]* months from the End Date the Company shall return the Security Deposit to You together with accrued interest. Where the Security Deposit has been provided by credit card, the Company shall not be entitled to charge the card with more than the Security Deposit  and shall be obliged in any event to notify You in writing of the amount and date of any such charge.

11.       Accidents

11.1    You are in charge of the boat and are responsible for its safe navigation.  In the event of any accident or damage involving You or any other people or any property You must:-
11.1.1              obtain and record the name of any other boats and the names and addresses of any other people involved on the form provided by the Company (when available);
11.1.2              notify the Company as soon as practically possible with full details of the accident and any damage sustained; and
11.1.3              proceed in accordance with and follow the Company’s reasonable instructions.

12.       Looking after the Boat

12.1    You are responsible for and will keep the boat and its equipment and contents in clean and tidy order during the Hire Period.

12.2    You must notify and provide full details to the Company of any breakdown, damage, theft or loss involving the boat as soon as practically possible. You must not undertake or commission any repairs, adjustment or service without the Company’s prior approval.

12.3    Although the boat and its equipment are insured against many risks by the Company, You remain responsible to the Company for any damage or loss arising from Your breach of the Agreement, Your deliberate acts or from Your negligence.

12.4    You shall be responsible for getting the boat off mud banks or other grounding and for removal of weeds, rope or other matter from propellers and steering gear and for keeping the Company informed of any incidents of this nature.

13.       Rights of Entry

13.1    The Company reserves the right at any time to board the boat to inspect it (including but not limited to where You have complained about the boat). If this happens, the Company will try to give You reasonable notice first. You agree to allow the Company or their representative(s) or contractor(s) immediate access to the boat at any time.

14.       Hirer’s Property

14.1    Vehicles may be left entirely at their owner’s risk in the Company’s car park. The Company will be under no liability for any loss or damage to vehicles or their contents or for Your property on the boat unless caused by the Company’s negligence.

14.2    The company will return property which it finds which has been accidently left on the boat provided that it is claimed promptly and that You either arrange for its collection or agree to pre pay for any postage and packing. Property not claimed within two months from the day of your trip may be disposed of by the company.

15.       Pets

15.1    Pets are allowed on the boat only with the Company’s prior permission.  You shall give notice of any pets You wish to bring at the time of making the booking.

15.2    The Company may make charges and take additional security deposit for pets at its discretion.

15.3    The Company’s charges for pets are set out in the brochure.

15.4    You must provide any pet baskets or blankets.

15.5    All pets must be properly house trained or caged as appropriate, must never be left unattended, and shall not be allowed on bedding or chairs.

15.6    Pets and pet damage are not covered under the Company’s insurance policy and You will be liable for any damage or loss caused by them.

16.       Inventory

16.1    You will be required to sign the inventory on taking the boat over. Any shortcomings discovered during the Hire Period must be notified to the Company as soon as practically possible so as to afford the Company the opportunity to rectify the matter. You will be responsible for the cost of replacing or repairing any items on the inventory which are missing or damaged at the end of the Hire Period.

17.       Exclusion and Limitation of Liability

17.1    The Company shall not be liable to pay any compensation, damages, costs or expenses for any claim arising from any cause beyond the Company’s reasonable control which could not have been mitigated or avoided by the Company including but not limited to:

17.1.1   loss of or damage to any person’s property (including the boat);
17.1.2   non-fulfilment, interruption or delay to the booking;
17.1.3   breakdowns, mechanical problems, latent defects, damage to the boat;
17.1.4   restrictions on cruising, obstructions, repairs, damage or closure of waterways, non availability of routes, navigational works, storms, floods, droughts, ice, shortage of water or other weather or climactic conditions;
17.1.5   rationing, shortage or non availability of fuel;
17.1.6   consequential loss, damage or expense which You incur including the cost of alternative transport, accommodation or other holiday provision.

17.2    The Company’s total liability to You and any person claiming through You in respect of all claims which may arise under this Agreement (other than in respect of claims which cannot be excluded or limited at law, such as claims for death or personal injury) shall be limited in aggregate to the Price actually paid by You to the Company in respect of the Agreement in question.

17.3    To the extent that the terms of this Agreement contradict any laws on consumer rights, the rights conferred on any Party who is a consumer shall remain unaffected.

18.       Brochure/Website

18.1    The specifications of boats, their accommodation, facilities and equipment in the brochure are intended as a general guide and the Company shall not be liable in the event of any insubstantial differences in the boats supplied and reserves the right to make modifications.  In particular alterations may occur during rebuilding or refitting, boats within classes may differ, colours may vary, layout plans are for guidance only and are not to scale and boats may have steps which are not shown.  If Your party includes any infirm or disabled persons You should make relevant enquiries at the time of booking.

19.       Special Requests

19.1    If You have any special requests, You must let the Company know when You make the booking and confirm Your special requests in writing. The Company cannot guarantee that any request will be met.

20.       Complaints

20.1    You must contact the Company immediately if any problem arises so that it can be sorted out as quickly as possible. It is often extremely difficult (and sometimes impossible) to sort out difficulties properly unless You let the Company know promptly. If, after this, You feel that the problem has not been sorted to your satisfaction, You must, within thirty (30) days of returning from Your trip, provide the Company with a written compaint. The Company has a procedure to make sure it can sort out complaints as quickly as possible. 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 if this would be appropriate. Should Your Complaint remain unresolved after following the procedure under this Clause 21, you may raise the complaint with British Marine (“BM”), who operate a procedure for complaints received regarding current BM members. Please contact BM for further information.

21.       Third Parties

21.1    A person who is not a party to this Agreement, shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

22.       Data Protection

22.1    To process Your booking we will need to collect and process personal information. This may, for operational reasons, be held overseas. For more detailed information about how we use personal information, please see the Company’s Privacy Policy.

23.       Law and Jurisdiction

23.1    This Agreement and any non-contractual obligations arising out of, or in connection with, this Agreement shall be governed by and construed in accordance with English law.

23.2    Subject to Clause 25 below, You and the Company irrevocably agree that any and every dispute (and any non-contractual obligations) arising out of or in connection with this Agreement shall be subject to the non-exclusive jurisdiction of the English courts.

24.       Dispute Resolution

Disputes arising out of or in connection with this Agreement, when they cannot be resolved by negotiation, may, with the written agreement of the Parties, first be submitted to mediation under BM’s Dispute Resolution Scheme. Details of the Scheme are available to current BM members on request from BM and/or on BM’s member website.

Night boat hire terms | Day boat hire terms | Marina terms of business | Online shop terms

MARINA SERVICES – TERMS OF BUSINESS BM1 2017

1.                PRELIMINARY PROVISIONS AND DEFINITIONS

1.1             These Terms of Business form an integral part of all quotations and contracts provided by the Company.

1.2             These Terms of Business apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

1.3             In these Terms of Business:

‘Applicable Laws on Consumer Rights’ means all applicable laws, rules, regulations, instruments and provisions in force from time to time relating to consumer protection, including but not limited to the Consumer Rights Act 2015.

‘Company’ means the party or parties undertaking the Work, as well as any authorised member, agent, employee or representative of the Company.

‘Consumer’ means a Customer who is considered a “consumer” under the Applicable Laws on Consumer Rights.

‘Customer’ means the party or parties with whom the Company agrees to perform the Work and shall include the legal owner of any relevant Vessel, any parent or associated company and/or firm, as well as any authorised member, agent, employee or representative of the Customer. Where the Vessel is under demise charter and the agreement is with the demise charterer, the Customer shall also include the demise charterer. In the event that the Company enters into an agreement with more than one party, the obligations of such other parties shall be joint and several, unless otherwise agreed in writing.

‘Order’ means the Customer’s order for the Work, as set out in the Customer’s order form, or the Customer’s written acceptance of the Company’s quotation, or overleaf, as the case may be.

‘Parties’ means the Company and the Customer; each a Party and collectively the Parties.

‘Vessel’ means any vessel or a floating craft of any nature (or part thereof), or any other comparable object such as a yacht, a lighter, a barge, a pontoon, a tug, a drilling-platform, a rig as well as any other object entrusted to the Company for the Work to be undertaken.

‘Work’ means the goods and services supplied to the Customer and/or work undertaken by the Company pursuant to these Terms of Business.

2.                LIABILITY

2.1             The Company shall not be liable for any failure or delay in performing its obligations hereunder, or for any loss or damage, caused by or arising from events or circumstances beyond its reasonable control (which includes, without limitation, acts of God, wars (whether declared or not), riots, civil commotions, malicious damage, embargoes, compliance with any law or governmental order, rule, regulation or direction, breakdown of plant or machinery, fire, flood, accidents, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other Party), failure of a utility service or transport network, unusually severe weather conditions, default of suppliers or subcontractors or the actions of third parties not employed by the Parties).

2.2             The Company shall take reasonable steps to maintain security at its premises, and to maintain its facilities and equipment in reasonably good order and condition.

2.3             Notwithstanding Clause 2.2, the Vessel, and any other property of the Customer left at the Company’s premises, is at the Customer’s own risk.

2.4             The Company shall not be under any duty to salvage or preserve the Vessel from the consequences of: (a) any defect in the Vessel and/or (b) an accident which has not been caused by the Company. However, the Company reserves the right to salvage or preserve the Vessel, at its sole discretion, in appropriate circumstances and in particular where the safety of people, property or the environment is at risk.

2.5             The Customer shall effect and maintain, at no cost to the Company, liability insurance providing cover for any loss or damage for which the Customer may be liable under these Terms of Business (including third party liability cover and, where appropriate, employer’s liability cover in respect of any of its employees).

2.6             The Company shall effect and maintain, at no cost to the Customer, liability insurance for such loss or damage for which the Company may be held liable under these Terms of Business.

2.7             Each Party shall produce copies of insurance policies as evidence of cover, immediately and (in any case within seven (7) days) upon request by the other Party.

2.8             Each Party accepts responsibility and liability for:

2.8.1          death or personal injury caused by its negligence or the negligence of its employees, agents or sub-contractors;

2.8.2          fraud or fraudulent misrepresentation; or

2.8.3          any other reason for which it would be illegal for the Parties to exclude liability.

2.9             Subject to Clause 2.8, the Company shall under no circumstances whatsoever, be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms of Business.

2.10          The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these Terms of Business.

3.                PRICES AND ESTIMATES

3.1             The price for the Work shall be the price set out in the Order, or if no price is quoted for the Work, the price will be determined based upon the labour and materials expended and services provided in accordance with the Company’s usual tariff at the time when the Work was performed, as duly invoiced to the Customer (the “Price”).

3.2             Unless otherwise agreed in writing, the Price will not include expenses incurred for pilotage, salvage, tugs, harbour dues and similar charges which shall be invoiced separately to the Customer.

3.3             The Company will exercise reasonable skill and judgment when giving an estimate or indication of Price. However, estimates are always subject to the accuracy of information provided by the Customer, are often based on a superficial examination and do not include the cost of any emergent work which may be necessary nor the cost of any extensions to the Work. The Company reserves its right to (a) increase the rates under its usual tariff (provided that such increase does not take place more than once in any twelve (12) months) and/or (b) subject to Clause 3.4, increase the Price for the Work.

3.4             The Company will inform the Customer of any proposed increase in the estimated Price, together with the reasons for such increase, and will proceed with the Work after having obtained the Customer’s approval (such approval not to be unreasonably delayed or withheld). The Customer shall remain responsible for the cost of labour and materials already supplied or remaining to be supplied which are not affected by the proposed increase in the Price.

4.                PAYMENT

4.1             Unless otherwise agreed between the Parties in writing, payment for all Work provided shall be due immediately upon receipt of the Company’s invoice. Payment shall be deemed to have been made when received by the Company in cash or cleared funds at the Company’s nominated bank account. Time for payment is of the essence.

4.2             If the Customer fails to make any payment due to the Company by the due date for payment, the Company has the right to charge interest on the overdue amount at the rate of four percent (4%) above Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.

4.3             The Customer shall pay all amounts due under these Terms of Business in full without any set-off, counterclaim, deduction or withholding except as required or permitted by law. The Company may, without limiting its other rights or remedies, set off any amount owing to it by the Customer against any amount payable by the Company to the Customer.

4.4             To the extent permitted by law, the Customer hereby grants to the Company a lien and a continuing security interest, and, where applicable, a maritime lien, over the Vessel as security for payment of the Price until full payment of the Price by the Customer, or until the Customer has given security to the Company in a form and substance acceptable to the Company (for example a letter of guarantee from a bank reasonably acceptable to the Company or lodgement of a cash deposit with a  professional third party agent reasonably acceptable to the Company). The security provided shall be sufficient to cover the debt with interest and, where the debt is contested, a reasonable provision for the Company’s prospective legal costs and expenses.

4.5             The Company shall be entitled to charge the Customer for storage and the provision of any ongoing services at the Company’s normal daily rates until full payment (or provision of security) by the Customer and removal of the Vessel from the Company’s premises. The Customer shall be entitled to remove the Vessel upon providing proper security.

5.                DELAYS

5.1             Unless otherwise agreed in writing by the Parties, time estimates given for completion of the Work are given in good faith and without guarantee.

5.2             The Company shall not be liable for any failure or delay in the performance or completion of the Work, or for any such loss or damage resulting therefrom, unless the Company has expressly guaranteed completion by a specific date in writing, or the delay arises from its wilful acts or omissions or negligence.

6.                THE VESSEL’S MOVEMENTS

6.1             The Company shall have the right to order such movements of the Vessel and such tests or trials it deems necessary in order to perform and determine the due completion of the Work and/or for reasons of safety, security or good management of the Company’s business and premises.

6.2             The costs of such movements, trials and/or tests including the cost of any bunkers and/or consumables shall be borne by the Customer.

7.                TITLE AND RISK

7.1             Risk in all goods, equipment and materials supplied by the Company to the Customer shall pass to the Customer at the time of supply to the Customer of such goods, equipment or materials or at the time when such goods, equipment or material are assigned or affixed to the Vessel, as the case may be.

7.2             Title to all goods, equipment and materials supplied by the Company to the Customer shall not pass to the Customer until the Company receives payment in full (in cash or cleared funds) for the Work.

8.                GUARANTEE

8.1             The Company guarantees that, for a period of twelve (12) months from completion of the Work (the “Warranty Period”), the Work will be free of defects in material and workmanship and in conformity with the agreed specification. The Customer shall give notice in writing (as per Clause 14) to the Company of any defects in material or workmanship (“Defective Work”) which may become apparent and shall provide the Company with sufficient evidence so as to establish the nature and extent of the Defective Work. This guarantee applies only to the Customer: a person who is not a Party to these Terms of Business shall not have any rights to enforce these Terms of Business.

8.2             On notification by the Customer of the Defective Work, the Company will be given a reasonable opportunity to inspect the Defective Work and if it is the Company’s responsibility, the Company shall repair or re-perform, in whole or in part, at its discretion, the Defective Work. Delivery of repairs or re-performance under this guarantee will be made in accordance with these Terms of Business.

8.3             The Customer shall, immediately after the discovery of any Defective Work, take all appropriate steps to mitigate any loss or damage and to prevent any Defective Work becoming more serious.

8.4             The Company shall not be liable for any Defective Work if the defect arose as a result of: (a) the Customer’s failure to follow the Company’s oral or written instructions; (b) the Company following any drawing, design or specifications supplied by the Customer; (c) fair wear and tear, wilful damage, negligence or abnormal working conditions; and/or (d) changes made to ensure compliance with applicable statutory or regulatory standards.

8.5             Any remedial work which is put in hand by the Customer directly without first notifying the Company and allowing the Company a reasonable opportunity to inspect the Defective Work shall invalidate the guarantee provided under this Clause 8.

8.6             Where the Customer is not a Consumer:

8.6.1          these Terms of Business do not contain any express or implied term as to quality or fitness for any particular purpose, unless, prior to the Work being performed, the purpose has been clearly identified in writing to the Company and the Customer has stipulated that it is relying upon the Company’s skill and judgment to ensure this purpose has been met; and

8.6.2          the Company accepts no liability to the Customer in respect of any loss of profit or turnover which the Customer or its customer or any other person may sustain in consequence of the failure of any faulty or unfit article supplied to the Customer by the Company.

8.7             The Company shall assign to the Customer any and all of its rights against the manufacturer or supplier of any particular article used in the Work or supplied to the Customer as part of the Work.

9.                QUALITY STANDARDS

9.1             The Company will exercise reasonable care and skill in the performance of the Work in accordance with the provisions of these Terms of Business, the requirements of any relevant regulatory bodies and, in the absence of any other contractual term as to quality, to a satisfactory standard.

10.             ACCESS TO PREMISES / WORK

10.1           No work or services shall be carried out by the Customer on the Vessel or the Company’s premises without the Company’s prior written consent except for minor running repairs or minor maintenance of a routine nature. The Company’s consent may be revoked with immediate effect in the event of any breach of these Terms of Business by the Customer, in which case the Company shall be entitled to demand the immediate cessation of any work.

10.2           The Customer is subject to the Company’s health and safety, environmental and access policies and shall further be obliged to comply with all laws and regulations relating to environmental protection and safety.

10.3           The Customer is responsible for any damage or loss caused directly or indirectly from any breach of its obligations under these Terms of Business.

10.4           The Customer shall take all necessary precautions to avoid pollution of the environment and shall indemnify the Company for any loss or damage arising from any pollution of the environment.

10.5           The Customer shall ensure that it does not cause any nuisance or annoyance to the Company, any other customer or person present or residing in the vicinity and does not interfere with the Company’s schedule for the Work and/or the good management of the Company’s premises and business.

10.6           During performance of the Work by the Company (and/or any of the Company’s sub-contractors), the Customer shall not have access to the Vessel unless the Company’s prior written consent has been obtained.

11.             ASSIGNMENT AND OTHER DEALINGS

11.1           The Company may at any time assign, transfer or deal in any other manner with all or any rights under these Terms of Business and may sub-contract or delegate in any manner any or all of its obligations under these Terms of Business to a third party.

11.2           The Customer shall not, without the prior written consent of the Company, assign, transfer, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under these Terms of Business.

12.             CONSUMER RIGHTS

12.1           To the extent that these Terms of Business contradict with the Applicable Laws on Consumer Rights, the rights conferred on Consumers under the Applicable Laws on Consumer Rights remain unaffected.

12.2           Advice on whether a Customer is a Consumer or is otherwise protected by some or all of the Applicable Laws on Consumer Rights may be obtained from any local Trading Standards Office, the Citizens Advice Bureau, the Office of Fair Trading or any firm of solicitors practising in England and Wales.

13.             THIRD PARTY RIGHTS

13.1           A person who is not a Party to these Terms of Business shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Business.

14.             COMMUNICATION AND NOTICES

14.1           All communications and notices given under these Terms of Business shall be in writing. A notice shall be sufficiently served if given by effective means of communication, including but not limited to fax, email, registered or recorded mail or by personal service, to the Customer’s last known address or to the Company’s official email, trading address or registered office.

15.             SEVERANCE

15.1           If any provision of these Terms of Business is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause 15 shall not affect the validity and enforceability of the remaining provisions of these Terms of Business.

16.             GOVERNING LAW  AND JURISDICTION

16.1           These Terms of Business, as well as any contract(s) made subject to these Terms of Business, shall be governed by and construed in accordance with English law.

16.2           All disputes arising out of or in connection with these Terms of Business shall be subject to the non-exclusive jurisdiction of the English courts.

16.3           Disputes arising out of or in connection with this Agreement, when they cannot be resolved by negotiation, may, with the written agreement of the Parties, first be submitted to mediation under British Marine’s (“BM”) Dispute Resolution Scheme. Details of the Scheme are available to current BM members on request from BM and/or online on BM’s member website.

Night boat hire terms | Day boat hire terms | Marina terms of business | Online shop terms

ONLINE SHOP TERMS

1: Our Contract
These Terms and Conditions govern the supply of Products sold by Fox Narrowboats – Fox Narrowboats (“we” and “us”) to the customer (“you”). These constitute the entire and only agreement between us in relation thereto

2: Contacting Us

3: Eligibility to Order
The customer must be legally entitled to use the card/account on which they make the transaction.

The customer is required to input correct delivery address details. The order may be declined after processing should the delivery address not be traceable or if there is a mismatch between the delivery address, postcode.

4: Delivery & Title
We will arrange delivery of the products you order, unless the products are catagorised as pick up only, to the address which you specify. Please note that you are responsible for ensuring that the correct delivery address and postcode is given when placing the order as we cannot be held responsible for any losses or other expenses incurred as a result of mis-delivery owing to incorrect addresses and postcodes. Furthermore, instances where Products have already left via carrier and the address or postcode is found to be incorrect, may lead to the Products having to be re-routed to a different depot. Such routing requests or failed deliveries incur separate charges for which you will be liable if this is due to an incorrect address or postcode being given when ordering.

Delivery times given are an estimate and please bear in mind that public holidays and any advertised closure period may impact on this estimated lead time.

When your order is received please check the condition of the package. If there is any visible damage to the packaging please sign the delivery note making sure you note on the ticket the visible external damage. In the unlikely event that the Products themselves are very obviously damaged you may refuse the delivery but please ensure that the delivery note is signed to say that this is the reason for the return.

You must inspect the Products as soon after delivery as is practicable and notify us as soon as possible of any shortages, defects in or damages to the Products or of any other complaint in respect of them within 7 days from the date the Products are delivered.

When your Products are dispatched we use a next working day service for most items in an attempt to provide you with more certainty of the actual delivery date (than on a standard 3-5 day service). You will be automatically emailed to inform you of the day your item(s) are leaving via carrier and the anticipated actual day of arrival.
We are unable to specify actual delivery times or arrange Saturday deliveries and we are also unable to arrange deliveries for specific days. If you are likely to be away from home around the time delivery is anticipated (or at any time between ordering and anticipated delivery), please ensure that you advise us by email after placing your order and we will ensure that no products are despatched to you for the time you are away.
Please bear in mind when specifying your address for delivery that deliveries are only made during standard working hours Monday to Friday. We also do not routinely dispatch on Fridays. You can arrange for deliveries to be left with neighbours and you will be able to re-arrange delivery with any of the carriers we use but these re-deliveries will still be Monday to Friday standard working hours otherwise you will need to collect the Products from the carrier’s depot. In the event that the carriers have unsuccessfully attempted delivery three times and been unable to deliver and not received contact to re-arrange delivery or if the carriers are asked to store the Products for more than 1-2 days by the customer then the Products will be returned to ourselves. The Products will then be kept pending collection by the customer or pending payment of an additional delivery charge for a new delivery. Any refunds made in such instances will be made less the carriage return fees. We are unable to re-deliver free of charge as we already subsidise delivery charges and, in addition, we are charged for each failed delivery attempt. Therefore you will be liable for the carriage return costs of £25 on any orders returned to us after 3 failed deliveries.

Please note that the third party carrier companies we utilise do not guarantee their next day delivery service although the majority of our Products will arrive the next day. Next working day does not apply to certain areas of the UK i.e. Highlands of Scotland, selected other areas of Scotland and Wales and off-shore islands. We cannot be held responsible for any losses or expenses occurred as a result of the failure of delivery on the day estimated by us.

In the event that you have received a formal dispatch notification and nobody will be at home to take that delivery, you may leave a note for the driver to either leave the delivery in a specified safe place or with instructions to leave Products with a neighbour. If this is also not possible then the driver will leave a card with contact details on in order that you may re-arrange delivery on a day to suit or you may arrange to collect the Products from their local depot, should this prove more convenient for you.

We are unable to guarantee that the driver will be willing to deliver the Products to anywhere other than a ground floor location or to leave without obtaining a signature.

We are unable to recall a delivery once it has left our premises with the carriers and also unable to pass delivery instructions to the carriers once the Products have left our premises and any re-delivery arrangements will be the responsibility of the customer to arrange direct with the carriers.

Should, for any reason, this delivery not arrive on the date advised in the order despatch notification, please email us the following day at reception@foxboats.co.uk with the order number/delivery details. This will allow us to start an immediate investigation into the whereabouts of your delivery

5: Order Cancellation (See also our Returns Policy for Products already delivered)
You may cancel your order by giving us notice of cancellation of order within the Cancellation Period (see below). Such notice may be given by mailing, faxing or emailing to the number or address set out in clause 2 of these Terms (“Contacting Us”) or on your invoice/receipt. We will acknowledge receipt of your cancellation and will refund the account on which the Products were purchased when we receive the returned Products. The Products should be returned to us properly wrapped and protected. We regret that the return carriage must be at your cost. If we agree to collect the Products from you or if the Products are returned at our cost, we reserve the right to deduct the cost of return carriage from the refund.

Products the Cancellation Period ends on the expiry of the period of 14 working days beginning with the day after the day on which the Product is delivered.

See also clause 8 “Returns Policy”.

6: Force Majeure
We shall have no liability to you for any failure or delay in supply or delivery or for any damage or defect to Products supplied or delivered hereunder that is caused by any event or circumstance beyond our reasonable control (including, without limitation, failure of the carrier, strikes, lockouts and other industrial disputes, manufacturing issues/machinery failure). We will not be liable to you for any consequential losses of any kind and the maximum limit of our indemnity will be the original purchase price of the Products.

7: General
If any part of these conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you) the validity, legality or enforceability of any other part of these conditions will not be affected. This contract shall be governed by and interpreted in accordance with English law.

8: Returns Policy
The terms below offer extra rights in addition to your statutory rights which remain unaffected.

If you have any questions, we are here to help. Please contact us.

What to do if you change your mind

We want you to be fully satisfied with your Products. If the Products you have chosen do not meet your approval we will be happy to make a refund or exchange. You will need to notify us within the Cancellation Period (see below) and arrange to return the Products at your expense by Recorded Delivery within 7 days from your notice. Such notice may be given by mailing, faxing or emailing to the number or address set out in clause 2 of these Terms (“Contacting Us”) or on your invoice/receipt.

Initial queries regarding returns policy, returns address, methods of returning, timelines and refunds etc will not be construed to be a notice of intent to return until the customer actually confirms that they do, having read our returns policy etc, plan to return the (unassembled) items by insured carrier at their cost etc and are aware of the costs involved (likely to be £15-£60) or have already arranged a carrier. We would suggest that customers contact us to formally inform of intention to return once they are aware of the details of this returns policy and that they comply and and are also aware of the costs involved in arranging return carraige (as this can be extremely costly and may result in customers subsequently deciding to retain items after all).

The Cancellation Period is different for different Products. For most ready made Products the Cancellation Period ends on the expiry of the period of 7 working days beginning with the day after the day on which the Product is delivered.

Please remember that any Products you wish to return must be in their original packaging, unused and not assembled so please ensure that you are happy with the Products before commencing assembly. You are responsible for ensuring that the Products are suitably re-packed prior to return.

You must ensure that the Products are appropriately insured whilst in transit and that you obtain the return address from us in advance, returns need to be made to the business address. You must also ensure that you include a copy of your original invoice or other identification in order to allow us to track the origins of the return. It will not be possible to process refunds without evidence of the sender.

Due to the high cost of carriage forwarding to ourselves (£25 per item) and the lack of insurance in transit for carriage return items, we are unable to arrange the collection of Products on behalf of customers. If, under exceptional circumstances, we do agree to collect the Products, the carriage will be at your cost and will be deducted from your refund.

Products that are refused on delivery will also be subject to the £25 carriage forwarding charge. If however Products are refused due to damage or because incorrect Products have been delivered then we will bear the cost of the carriage return. If, however, the delivery is refused and returned to us for any other reason then it will be assumed that you have consented to pay the carriage forwarding charge and this will be deducted from any refund due. Refunds will be made to the account used when ordering.

If, on inspection, the Products are found not to be faulty or damaged then the refund will be subject to the carriage forwarding charge detailed above and this will be deducted from the refund.

This does not affect your statutory rights as a consumer. We strictly comply with the Consumer Protection (Distance Selling) Regulations 2000.

We cannot accept items for a refund or exchange if they have been damaged after delivery. It is essential that any damage on delivery is reported to us PRIOR TO ASSEMBLY. We will be unable to accept claims for damage or returns for units that have already been assembled unless the unit proves to be faulty.

What to do if Products received are damaged/faulty

You must inspect the Products as soon after delivery as is practicable and notify us as soon as possible of any shortages, defects in or damages to the Products or of any other complaint in respect of them within 7 days from the date the Products are delivered.

We will at our own cost replace Products that are defective or damaged on delivery providing we are notified within 7 days of delivery. Consideration will be given to claims outside this period but each claim will be assessed on its own individual merits and you will be expected to have used your reasonable endeavours to ensure that the Products were checked as soon as reasonably practicable.

We reserve the right to offer replacement parts and/or repairs as appropriate and may arrange the collection of Products for inspection.

We cannot accept claims for damage if they have been damaged after delivery. It is essential that any damage on delivery is reported to us PRIOR TO ASSEMBLY. We will be unable to accept claims for damage or returns for units that have already been assembled unless the unit proves to be faulty.

If Products are refused at the point of delivery due to damage, faults or incorrect Products supplied then there will be no charge for carriage return which will be borne by us. If however, the delivery is refused and returned to us for any other reason then it will be assumed that you have consented to pay the carriage forwarding charge of £25 per item and this will be deducted from any refund due. If, on inspection, the Products are not found to be faulty/damaged or incorrect then the refund will be subject to the carriage forwarding charge detailed above and this will be deducted from the refund.

This does not affect your statutory rights as a consumer. We strictly comply with the Consumer Protection (Distance Selling) Regulations 2000.

Please remember that, where applicable, you are responsible for the safe keeping of Products until they are collected by our agents and you must ensure that, where appropriate, the Products are suitably re-packed prior to collection.

9: Disclaimers

We have tried to ensure that the information provided on this web site is accurate. We make no representation and give no warranty, however, in respect of that information, which may contain technical inaccuracies or typographical errors. We do not accept liability for any loss (direct, indirect or consequential) howsoever arising for any such inaccuracies, errors or omissions except in relation to death or personal injury caused by our negligence.

Every care has been taken to ensure that the description and specifications are correct at the time of going to press. However, while the colour/position of design reproduction is a close representation, a slight variation in the actual Products may occur. Care should be taken not to rely on the colour/shade of a product from pictures reproduced on the internet or printed from PDF brochures as the colours/shades viewed will vary between monitors and printers depending on the settings, resolution etc.

All specifications, drawings, graphics and descriptions contained are intended merely to give a general description and any person reading them may not rely on anything therein as being a representation of fact or a warranty relating to the quality of the Products or of being fit for a particular purpose.

We make no representations or warranties, express or implied, about the accuracy, completeness, satisfactory quality or suitability for any purpose of the information in or contents of this web site. We expressly exclude to the fullest extent permitted by law any loss or damage incurred, directly or indirectly, from inaccuracies contained within this web site. We make no warranties that the said information is free of infection by computer viruses or other contamination.

Complaints. Complaints will be listened to by the member of staff who will thank the customer for bringing the concerns to our attention.  The complaint will be restated to make sure there is an understanding.  The problem will be investigated and company procedure will be explained to the customer.  Action will be taken with a time frame given for resolution.  If satisfactory resolution cannot be reached the company will support the use of a British Marine Mediator.

Night boat hire terms | Day boat hire terms | Marina terms of business | Online shop terms