Please make sure you read our terms and conditions below carefully to avoid any confusion or misunderstandings. The terms and conditions form part of the hire agreement and describe both yours and our rights and duties.
In these 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 Midland Mallard Ltd, of Bosworth Marina, Carlton Road, Market Bosworth, Nuneaton, CV13 6PG.
“you” means the person or persons named in the booking confirmation. If there is more than one of you each of you shall be individually responsible for complying with the agreement.
“conditions” means these boat hire conditions.
“price” means the price in the booking confirmation.
“start date” means the start date in the booking confirmation.
“end date” means the end date in the booking confirmation.
“hire period” means the hire period in the booking confirmation.
“written” means that the item has been printed, typed, written out by hand or sent or displayed by e-mail or other electronic means.
- AGREEMENT TO HIRE
2.1 When you request a booking you are making an offer to hire a boat on these conditions. The hire agreement itself only comes into existence when the Company sends out the booking confirmation.
2.2 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.
2.3 The entire agreement between you and the Company is contained in these conditions, the booking request and the booking confirmation.
2.4 You are responsible for the accuracy of the personal details and any other information supplied in respect of you and your party. When you receive the Booking Confirmation, please check the details carefully and inform the Company immediately if anything is incorrect.
Nothing in these conditions affects your statutory rights.
- PRICES AND PAYMENT
3.1 The advertised prices are in pounds sterling (£) and include value added tax (VAT) at the rate applicable on the date of the Booking Confirmation. If after the date of the Booking Confirmation the rate of VAT applicable to your hire charges and, or, any other tax, levy or local authority charge becomes applicable to your hire, the Company reserves the right to amend the price accordingly.
3.2 The Company reserves the right to correct errors in advertised or quoted prices at the time of booking confirmation.
3.3 Payment is deemed to have been made when cleared funds are received in the Company’s bank account.
3.4 The deposit is payable at the time of the booking request. The deposit is 25% of the total price. An additional security deposit of £100 (one hundred pounds) per person to a maximum of £600 in total (six hundred pounds in total) is applied to certain groups (see clause 4.2 below).
3.5 The balance of the price is due not less than eight weeks before the start date as shown in the booking confirmation. Time of payment shall be of the essence of the Agreement.
3.6 For bookings made less than eight weeks before the start date you must pay the full price at the time of the booking request.
3.7 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.
3.8 The Booking Confirmation is not a VAT invoice.
- YOUR PARTY
4.1 Personal agreement and obligations:
The hire agreement is a personal one between you and the Company and your identity is a material factor in the Company’s decision to enter into the Agreement. You must be at least 18 years of age at the time of booking. You must be authorised by all other members of your party to enter into the Agreement on their behalf. The full names and ages 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 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 hire agreements for school parties, youth groups, all male or all female crews 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. The Company reserves the right to charge a £600 (six hundred pounds) refundable security deposit against any booking at the time the booking confirmation is made.
4.3 Disability and Reduced Mobility:
If you or any member of your party has a disability and/or reduced mobility that may affect your booking, it is your responsibility to notify the Company when making the booking or, if such disability and/or reduced mobility becomes apparent after the booking, no later than 48 hours prior to the start date.
Subject to the foregoing, although the Company has no expertise in this subject matter, the Company will try and advise you as to the suitability of the boat you have chosen to hire and possible alternatives but you acknowledge that certain space restrictions and practical safety considerations apply on board boats which may prevent a person with a disability or reduced mobility from accessing the boat and/or complying with all safety requirements. Where you have made a booking and you or a member of your party subsequently becomes disabled or otherwise a person with reduced mobility the Company may not always be able to accommodate their needs.
If in the Company’s reasonable opinion it is unable to properly accommodate the needs of the person(s) concerned or you do not accept such alternative arrangements as the Company may offer, the Company may, without liability, treat this as a request to terminate your booking and Condition 7.1 shall apply. The Company may require the person(s) concerned to produce a medical certificate certifying that they are fit to participate in the hire of the boat. The Company shall not be liable for any loss or damage caused as a result of a disability and/or reduced mobility, save where such loss or damage is caused by the negligence of the Company and results in death or personal injury.
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 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 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 the terms of this Agreement.
- CANCELLATIONS AND CHANGES REQUESTED BY YOU
5.1 The Agreement is a legally binding contract and may only be cancelled in accordance with these conditions.
5.2 If you want to cancel or change your booking you must give the Company written notice. The date of receipt of the written notice shall be the effective cancellation date but in order to increase the prospects of reletting 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 60 days Loss of Deposit (including any part of the deposit which has not yet been paid)
42 – 59 30% of Total Price
29 – 41 50% of Total Price
15 – 28 70% of Total Price
8 -14 85% of Total Price
7 or less 100% of Total Price
5.4 If an insurance premium is charged; insurance premiums and credit card charges are non-refundable whatever the date of cancellation.
5.5 If the Company re-lets the boat to a new customer for the hire period or part of it the Company may 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 (fifty pounds) in total together with any insurance and credit card charges which the Company has incurred.
5.6 In the event of a customer cancellation the Company may also offer without prejudice a change of hire date if it sees fit. In the event of a customer cancellation change of hire date the original date of hire is the contract date and any future cancellation would be subject to the original contract conditions and fees.
5.7 The Company suggests that hirers take out cancellation protection or other similar protection to cover any losses in the unfortunate event that they are not able to take their holiday.
CANCELLATION BY THE COMPANY
6.1 For your safety the Company may cancel the Agreement by written notice if any of the following circumstances arise:
For any of the reasons described in conditions 4.2, 4.3, 4.4 or 4.5 In the event of an accident affecting the safety of the boat or navigability of the boat during windy or unsuitable weather conditions. For breach of any of the rules set out under condition 9.1. Non-payment of any sum due under the booking. Waterway closures due to any circumstances beyond the Company’s control.
6.2 The Company is entitled to recover from you any loss which it suffers as a result of cancellation under any of the provisions of conditions 4.2, 4.3, 4.4 or 4.5 or for breach of condition 9.1 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 hire the boat for all or part of the hire period it will give credit for the net sums received as a result of such reletting 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 days of the end date.
6.3 If there is a Force Majeure Event which for whatever reason prevents the Company from performing the Agreement.
- HIRE PERIOD, COLLECTION AND RETURN OF BOAT
7.1 The boat will normally be available at the time shown on your booking confirmation and on the start date from Bosworth Marina or as otherwise shown in the booking confirmation, subject to the provisions of condition 7.2.
7.2 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 (9:00 am to 17:00 pm) on any day of the week.
7.3 Before you take over the boat the Company will give you such instructions, demonstrations and trials as are appropriate and you will then be required to check and sign the hand over sheet.
7.4 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 or closure of waterways) the Company may substitute a boat of similar accommodation but if no such boat is available the Company shall immediately offer an alternative date for hire or credit to take on another hire date. Note that this would be a without prejudice offer and the contract date would still be the original booking date. Any offer of a change of hire date is subject to the original booking conditions. We recommend that all customers take out their own holiday insurance to cover any eventuality.
7.5 The boat must be returned to Bosworth Marina or as otherwise shown on the booking confirmation or notified under condition 7.7 and vacated by you by the time shown on your booking confirmation on the end date and it is your responsibility to allow sufficient time to ensure timely return.
7.6 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 (fifty pounds) 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.
7.7 The Company reserves the right to change the places of handover and return for operational reasons. In such event except in the case of emergency the Company shall be obliged to give you written notice of the change in sufficient time to allow any necessary re-planning of your itinerary and for you to organise any transport which is reasonably necessary for you and your party as a result of such change.
- INSURANCE AND SECURITY DEPOSIT
8.1 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.
8.2 You will indemnify the Company from and against all costs and expenses however arising from your negligence, neglect or default, including but not limited to damage arising from speeding, cill damage, rudder, stern gear, TV aerials, chimneys, malicious or intentional damage, damage to other boats and their contents and to the waterway.
8.3 You are advised to make your own arrangements for personal accident insurance, insurance of personal belongings and insurance against cancellation by you of the hire agreement.
8.4 Included in the hire price is an accidental damage waiver fee. Accidental damage waiver excludes damage arising from speeding, contact with a lock cill causing damage to the rudder, skeg, stern gear or boat, negligence, malicious or intentional damage to the boat. Also excluded is negligence, malicious or intentional damage to other boats and property and the late return of the boat, return of the boat in an unclean condition and items missing or damaged from the inventory. The Hirer will indemnify the Company and the Boat Owner against all costs, damage, expenses, liability and claims whatsoever arising from the negligence, neglect or default of the Hirer.
- SAFETY AND OTHER RULES
9.1 You agree to comply with the following rules at all times during the hire period:
9.1.1 To ensure that at all times while the boat is being navigated or is transiting locks or other waterway’s structures the minimum age of the operator onboard and in charge is 18 years.
9.1.2 Not to tow or be towed other than in exceptional circumstances and pre-authorised by the Company.
9.1.3 When not under way, to moor the boat securely. Lock the boat securely to prevent unauthorized access when leaving the boat unattended.
9.1.4. Not to navigate after sunset or before sunrise.
9.1.5 To observe all speed limits, and not to navigate at a speed which creates a breaking wash or disturbs or inconveniences other waterway users.
9.1.6 Not to race the boat.
9.1.7 Not to bring on to the boat any portable heaters, lighting equipment, TV sets, electric tools or cooking appliances, inflammable liquids or substances, gas cylinders, car batteries, fire arms, electrical appliances, or any other items which might create dangers or hazards.
9.1.8 Not without the Company’s prior written permission to bring on to the boat barbeques, dinghies, canoes, bicycles, or vehicles.
9.1. 9 Not to use the boat for any commercial purpose.
9.1.10 To allow the boat to be occupied only by the persons named in the booking confirmation.
9.1.11 Not to allow to be on the boat at any time more people than are approved for the boat as specified by the number of berths.
9.1.12 To give way to laden or un-laden cargo boats, sailing craft, rowing boats, canoes and other human propelled craft.
9.1.13 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.
9.1.14 Not to have or carry any live bait on the boat.
9.1.15 At all times to observe all 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.
9.16 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.
10.1 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 including but not limited to the boat, other craft or the waterway you must:
10.1.1 Contact Midland Mallard Ltd and 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.
10.1.2 Notify the Company as soon as practicably possible with full details of the accident and any damage sustained.
10.1.3 Complete the navigation authority’s waterway incident report form.
10.1.4 Proceed in accordance with and follow the Company’s reasonable instructions.
10.1.5 Not in any circumstances admit or allow any other person on the boat to admit liability to any other person.
- LOOKING AFTER THE BOAT
11.1 You are responsible for and will keep the boat and its equipment and contents in clean and tidy order during the hire period.
11.2 You must notify and provide full details to the Company of any breakdown, damage, theft or loss involving the boat as soon as practicably possible.
11.3 You must not undertake or commission any repairs, adjustment or service to the boat without the Company’s prior approval.
11.4 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 including misuse of lavatory facilities resulting in an engineer being called out.
11.5 In the event of an engineer being called out as a result of negligent misuse of lavatory facilities a fixed charge of £100 (one hundred pounds) will be made by the Company to you.
11.6 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. In the event of an engineer being called out for any of these reasons by you, a fixed charge of £100 (one hundred pounds) may be made by the Company to you.
- HIRER’S PROPERTY
12.1 Vehicles may be left entirely at their owner’s risk in the Bosworth Marina 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 or unless caused by the Company’s negligence.
12.2 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.
12.3 The Company will return property if it finds it 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.
13.1. The boat is handed over ready fueled and the price includes the cost of fuel provided at handover. You will not be refunded for any fuel left in the tank and not used on your journey.
13.2 The Company may make a fuel surcharge if the cost of diesel at the filling station nearest to Bosworth Marina increases by 10% or more between the date of the booking confirmation and the start date. The surcharge shall be limited to the actual percentage increase in the cost of diesel.
14.1 Pets are allowed on certain boats only with the Company’s permission. You must give notice of any pets you wish to bring at the time of making the booking.
14.2 You must provide any pet baskets, blankets, or crates.
14.3 All pets must be properly house trained or crated as appropriate, must never be left unattended, and must not be allowed on bedding or upholstery.
14.4 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 or any additional cleaning.
15.1 Any shortcomings in inventory discovered during the hire period must be notified to the Company as soon as practicably 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.
- EXCLUSION AND LIMITATION OF LIABILITY
16.1 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: loss of or damage to any person’s property (including the boat); non-fulfilment, interruption or delay to the booking; breakdowns, mechanical problems, latent defects, damage to the boat; 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 climatic conditions; rationing, shortage or non-availability of fuel, closure of waterways due to pandemics or any such restriction outside the companies control; consequential loss, damage or expense which you incur including the cost of alternative transport, accommodation or other holiday provision.
16.2 The Company’s total liability to you and any person claiming through you in respect of all claims which may arise under the Agreement (other than in respect of claims for personal injury or death due to negligence on the part of the Company) shall be limited in aggregate to twice the total price actually paid by you to the Company in respect of the Agreement in question.
- BROCHURE / DIGITAL MATERIAL
17.1 The specifications of boats, their accommodation, facilities and equipment in communications 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.
17.2 If your party includes any infirm or disabled persons you should make relevant enquiries at the time of booking.
17.3 Wi-Fi, television and radio offered on our boats relies upon mobile and radio signals to operate and therefore cannot be guaranteed or relied upon. As such, the Company cannot be held responsible for any interruption to the service as a result of poor signal or failure of the equipment.
- LAW AND JURISDICTION
18.1 This Agreement shall be governed by the law of England and Wales.
18.2 Any dispute arising under this Agreement shall be submitted to the exclusive jurisdiction of the Courts of England and Wales.
- DISPUTE RESOLUTION
19.1 We hope you are fully satisfied with your holiday. In case you have any problems, we do have a formal Complaints Policy to ensure that Midland Mallard Ltd (the Company) deals fairly and evenly with any of its customers who are not satisfied with goods or service supplied by the Company.
19.2 The British Marine Federation and the Royal Yachting Association recommend that disputes arising under this form of Agreement which cannot be resolved by negotiation, should, with the written agreement of the parties, be submitted to mediation or failing that to arbitration under the British Marine Federation’s Dispute Resolution Scheme, which is approved by the Royal Yachting Association.
19.3 Details of the mediation scheme operated by the British Marine Federation are available at www.britishmarine.co.uk/mediation . Matters suitable for arbitration shall be submitted to a single arbitrator in accordance with the British Marine Federation’s Dispute Resolution Scheme.
19.4 The provisions of the Arbitration Act 1996 shall apply.
- THIRD PARTIES
20.1 Only the named parties to the Agreement may enforce the terms of the Agreement. The parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
- ACTS BEYOND THE PARTIES’ CONTROL
21.1 The Company will neither be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control, including, without limitation, acts of God, flood, drought or other natural disaster; epidemic or pandemic; civil commotion or riots; any law or any action taken by a government or public authority (including without limitation failing to grant a necessary licence or consent); collapse of buildings, fire, explosion or accident; any labour or trade dispute, strikes, industrial action or lockouts; interruption or failure of utility service; limitations, restrictions or prohibitions by relevant authorities on the use of relevant waterways or boats (“Force Majeure Event”).
21.2 If you are unable to take up your booking because of UK government legislation, regulation or guidance, you may:
21.2.1 subject always to availability, transfer your booking to a later date, free of any administration charges. You will have to pay any difference in price if the cost of the new booking is higher or be reimbursed the difference if the cost of the new booking is lower; or
21.2.2 request a voucher with a redemption value equal to the amount previously paid by You for the booking – the voucher terms and conditions will be available to you before you make your choice under this Condition; or
21.2.3 if the Company is required by law to provide it, obtain a refund of any amount already paid by you for the booking and cancel your booking.
21.3 If you have to cut short your booking because of UK government legislation, regulation or guidance, you will be entitled to a pro-rata refund of the price (to the extent it has been paid), but any insurance premiums, booking fees or administration charges paid will not be refundable. You will have to contact the Company in order to access these option.