Terms and Conditions of Hire

THE AGREEMENT

By requesting a booking with Chiltern Canal Boat Holidays (the “Company”), you (the “Hirer” and your “Hiring Party”) agree to accept the terms and conditions set out in this document. Prior to making a booking request, please read this document and ensure that you are able to comply with all of the requirements, and understand the obligations of both the Company and the Hirer. If you have any questions regarding these terms, please contact us. Any failure to comply with any of these terms and conditions, either before or during your holiday may result in cancellation of your holiday.

BOOKING & PAYMENT

Bookings commence on either a Friday or Monday, and can be booked as short stays breaks (either Friday - Monday or Monday - Friday) or 1 full week.

Bookings will only be accepted for 2 - 5 people, in line with the following restrictions:

Minimum Hiring Party size of 2 adults who are aged 25 or over at the time of booking (i.e. minimum one skipper and at least one crew member to help with locks, bridges and mooring).

Maximum Hiring Party size of 4 adults and 1 child

We allow 1 medium dog or 2 small dogs to join you on Narrow Escape, and an additional charge of £35 will be added to the cost of your holiday. The Hirer is responsible for providing all bedding and feeding equipment required for the dog, and the dog must not be allowed on the sofa, seating or bedding.

The Company do not allow bookings from hen or stag party groups, and reserves the right to cancel any such bookings (refer to section 3 for more information).

On receiving your booking request, the Company will check availability for the requested dates and confirm your booking to you via email (the “Booking Confirmation”).

In order to confirm your booking, a 30% deposit is required. If at the time of booking your first date of hire (the “Hire Start Date”) is within 6 weeks, full payment will be required at the time of booking.

The Company reserves the right to reject any booking request or amend the cost of any booking where there are errors in the information provided to you during the booking process.

In your Booking Confirmation, the Company will ask you to return some key information on all members of the Hiring Party (such as name, date of birth and address). This information will be used to validate compliance with the terms set out above and must be returned as soon as possible after the Booking Confirmation, but no later than 6 weeks prior to the Hire Start Date.

Payment of the full balance is due no later than 6 weeks prior to your Hire Start Date (the “Balance Due Date”). The Hirer accepts all responsibility for ensuring the full balance is received by the Company no later than the Balance Due Date. Where payment has not been received by the Balance Due Date, the Company reserves the right to cancel the booking and no further charges will be made to the Hirer (refer to section 3 for more information).

Customers are required to pay for any diesel used during their holiday - this is in addition to the confirmed booking cost. The boat's diesel tank will be full at the start of your break, and on return of the boat, will be refilled. The cost of this refill will be payable immediately on return by debit or credit card.

BOAT HIRE & OPERATION

Prior to the Hire Start Date, the Company will issue you with some basic information about boating via email, in the form of a written handbook and an online video. Hirers must familiarise themselves with the information provided prior to the Hire Start Date.

The boat will be available at 2pm on the Hire Start Date. If you are delayed or plan to arrive later than 2pm, the Hirer must notify the Company in advance so staffing arrangements can be made. Where the Company is not given advance notice of a late arrival and the Hirer arrives later than 2.30pm, an additional cost of £20 will be charged for each half hour, or part thereof, the Hirer is late from 2.30 onwards.

Before the Company hands over the boat to the Hirer, the Hirer will be required to undertake a hands on instructional session (the “Handover”) to ensure competence in operating the boat, locks/bridges and onboard facilities, as well as provide guidance on Health & Safety.

Hirers will be asked to sign a declaration to confirm their understanding of the information provided, agreement to comply with all instructions, and confirm acceptance of the boat, its condition and its contents. Any differences found in inventory either during the Handover or during your holiday must be notified to the Company as soon as possible.

Where, in the opinion of the Company, any of the conditions above are not satisfactorily met by the Hirer, the Company reserves the right to cancel the booking (refer to section 3 for more information).

On occasion, for reasons outside of the Company’s control, or at the reserved right of the Company, the proposed routes or facilities may be restricted.

The boat must be returned to the original mooring no later than 10am on the last day of your hire period where diesel will be refilled and charged for by debit/credit card. If you are delayed or plan to depart earlier than 10am, the Hirer must notify the Company in advance so staffing arrangements can be made. Where the Company is not given advance notice of a late arrival and the Hirer arrives later than 10am, an additional cost of £20 will be charged for each full half hour, or part thereof, the Hirer is late.

The boat must be returned in a clean condition and with all provided equipment on board. If the Company deem that additional cleaning is required or any inventory is missing, the Company retain the right to charge the Hirer additional reasonable costs to rectify the issue.

CANCELLATIONS BY THE COMPANY

Where the Company cancels a booking due to non-compliance with these Terms & Conditions by the Hirer, the Company retain the right to withhold any previously received payments made by the Hirer.

On occasion it may be necessary for the Company to cancel your booking for reasons outside of our control. If this arises, the Company will contact the Hirer to discuss options (such as alternative dates), and in all cases the Hirer reserves the right to cancel their booking and request a full refund.

All cancellations will be confirmed to the Hirer in writing.

The Company also reserves the right to recover the boat at any time if we believe that the boat is being used for illegal purposes, is being mishandled or is deemed a safety risk to other canal users.

CANCELLATIONS BY THE HIRER

Any cancellations must be requested in writing. On processing, the Company will confirm cancellation in writing and include details of any refunds due to the Hirer.

Where cancellation is requested by the hirer, the Company will withhold a percentage of the full cost of the holiday to cover administrative costs, as follows:

more than 8 weeks prior to the Hire Start Date = 30%

2 - 8 weeks prior to Hire Start Date = 60%

Less than 2 weeks prior to Hire Start Date = 100%

Any other payments received by the Company, above the appropriate withheld percentage detailed above, will be refunded to the customer.

We recommend Hirers taking out a holiday insurance policy with an insurer of their choice to cover any cancellation charges.

INCIDENTS & INSURANCE

In the event of any breakdown, damage, theft or loss to the boat or its inventory, the Hirer must notify the Company as soon as is reasonably possible. The Hirer must not attempt to carry out or allow any repairs to be made without prior agreement from the Company.

In the event of breakdown of the boat, the Company will take action to repair the boat and allow you to continue your holiday. If for any reason that is not possible to complete before the end of your hire period, the Company will discuss available options with you.

At all times, the Hirer is responsible for getting the boat off mud banks or other grounding.

In the event of any accident or damage involving the Hirer, the boat and its contents, or any other people or property you must:

> obtain and record the name of any other boats and the names and addresses of any other people involved

> notify the company as soon as possible with full details of the accident and any damage sustained.

> follow the company’s instructions as per the Handbook.

> not in any circumstances admit or allow any other person on the boat to admit liability to any other person.

The Company insures the Boat against public liability risks.

The Company’s policy covers damage to the boat where it is being operated in full compliance with the guidance provided (i.e. the Company Handbook, the Boaters Handbook, and these Terms & Conditions). Cover will not be provided where damage arises from any negligence or misconduct by the Hirer. Where this is the case, the Company reserves the right to charge the Hirer for any costs of repairs, recovery of the boat or loss of earnings from having to delay/cancel subsequent bookings, as a result of the Hirers’ actions.

The Company’s insurance also does not cover personal accidents or loss or damage to personal property. The Hirer should arrange travel insurance with an Insurer of their choice to cover these risks separately.

In line with the Company’s insurance, the Hirer agrees to:

> comply with all guidance and instruction provided by the Company

> not tow any other craft, or allow the boat to be towed

> only allow those who are named on the booking to board the boat

> ensure a minimum of 2 adults aged 21+ are onboard to operate the boat when cruising

> only cruise during daylight hours

> remain within the speed limit and not engage in any racing with other craft

> not allow smoking or candles on the boat.

HIRER’S PROPERTY

Parking is available at the Marina for one vehicle per booking. The vehicle and any possessions left in the vehicle are left entirely at the Hirer’s own risk.

If the Hirer leaves any personal possessions on the boat, the Company will arrange return of the item via post. The Hirer will be asked to pay for any postage or delivery costs incurred by the Company.

LIMITATION OF LIABILITY

The Hirer agrees to indemnify the Company from any responsibility to provide any type of compensation, refund or other form of financial benefit, caused by any events outside of the Company’s direct control.

In all circumstances of any claim arising against the Company, by the Hirer, any refund or compensation offered by the Company will not exceed the original value of booking.

Where caused as a result of misconduct or negligence on the part of the Hirer, the Company reserves the right to recover from the Hirer, any costs to repair damage, replace losses, pay fines/charges, settle any third party claims, or any other reasonable costs that the Company would not have otherwise incurred.

DATA & INFORMATION

The Company will use the Hirer’s email address, provided at the time of booking, as the primary method of communication. The Hirer agrees to notify the Company of any changes in the Hiring Party’s personal details or contact details that occur prior to the Hire Start Date.

All information contained on the Company’s website regarding the boat, facilities and local area is general guidance and the Company reserves the right to change or update the information at any time, without prior notice.

All personal information about the Hiring Party will be stored securely by the Company, and will not be shared with any person who is not an employee of the Company.