TERMS AND CONDITIONS OF HIRE OF FALMOUTH BOAT HIRE LTD
In this document the following words shall have the following meanings:
1.1 “The Owner” means the company, firm or person hiring out the Equipment;
1.2 “The Hirer” means the person who hires the Equipment from the Owner;
1.3 “The Equipment” means anything the Owner agrees to rent to the Hirer;
1.4 “The Maximum Period” means return time;
1.5 “The Site” means the location specified by the Hirer where the Equipment is to be used.
2 TERMS AND USE
2.1 The Owner agrees to hire the Equipment to the Hirer for no longer than the Maximum Period on the Terms and Conditions set out in this agreement.
2.2 The Hirer agrees to hire the Equipment for private domestic use only.
3 DELIVERY AND RETURN
3.1 The Hirer shall be responsible for collecting the Equipment from the Owner’s premises and for returning it, unless otherwise agreed in writing. Where the Owner agrees to deliver and collect the Equipment, the Owner shall charge a reasonable price to be confirmed before delivery.
3.2 Prior to delivery, the Owner shall ensure that the Equipment subject to hire is in good working order.
3.3 If you choose to return your boat earlier than booked you will not be entitled to any refund.
4 HIRER’S OBLIGATIONS
The Hirer must:
4.1 check the Equipment at the start of the period of hire and report any faults immediately. Any defective Equipment will be replaced upon its return and no charge will be made for the first 24 hours. Any defective Equipment reported after the first 24 hours of hire will be replaced but the Owner reserves the right to charge a reasonable amount for the time that the Hirer has had the Equipment;
4.2 use the Equipment in a skilful and proper manner and not use the Equipment for any purpose beyond its capacity;
4.3 during the period of hire, keep the Equipment properly maintained and repaired and ensure its security and safekeeping;
4.4 read any relevant operating and safety instructions supplied with the Equipment and only use the Equipment or fit any accessories in accordance with those instructions;
4.5 immediately inform the Owner of any breakdown of the Equipment or any problem affecting the working of the Equipment and return such Equipment as soon as possible to allow the Owner to repair or exchange it. No charge shall be made for the hire of the Equipment during the period that it is not in working order. The Owner shall be entitled to replace the Equipment with equipment of a similar type where the Equipment has broken down and is not immediately repairable. Where no replacement equipment is immediately available or where the replacement equipment is not satisfactory the Hirer will be entitled to terminate the hire and claim for a refund for the period during which the Equipment was out of order or may hire replacement equipment at dates to be agreed in the future;
4.6 allow the Owner access to inspect the Equipment upon reasonable notice at any time;
4.7 unless otherwise agreed in writing by the Owner, keep the Equipment in its own possession at the Site;
4.8 return the Equipment in the same condition as when it was supplied to the Hirer, reasonable wear and tear excepted. The Owner shall be allowed to charge for the cleaning and/or restoration of any Equipment not returned in a good and proper condition;
4.9 inform the Owner immediately of any accident involving the Equipment resulting in injury to persons or damage to property;
4.10 inform the Owner immediately of any loss, theft or damage to the Equipment. The Hirer shall be charged for the hire of the Equipment until the Owner is notified that the Hirer is no longer able to use it;
4.11 assist the Owner and its insurers as far as reasonably possible where there is any loss, theft or damage to the Equipment, including reporting any theft to the police;
4.12 not sell or offer for sale, assign, mortgage, pledge, re-hire or lend the Equipment to any third party;
4.13 not repair the Equipment without the prior written consent of the Owner;
4.14 ensure that it is adequately insured against any risks involved in the use of the Equipment such as personal injury or death.
5.1 The Equipment may be hired out on the basis outlined in Schedule 1 to this agreement.
6.1 The period of hire shall end at any time before the Maximum Period by the Hirer returning the Equipment to the Owner within the times specified in Schedule 1.
6.2 Where the Hirer fails to make any payment of it becoming due or is in breach of any of the Terms and Conditions of this agreement, or if the Hirer shall do or cause to be done or permit or suffer any act or thing whereby the rights of the Owner in the Equipment may be prejudiced or put in jeopardy, the Owner shall be entitled to terminate the hire immediately and it shall thereupon be lawful for the Owner to retake possession of the Equipment and for that purpose to enter into or upon any premises where the same may be and the termination of the hire under this clause shall not affect the right of the Owner to recover from the Hirer any monies due to the Owner under this agreement or damages for breach thereof.
6.3 If you are reported as being a disturbance on the water or behaving inappropriately we reserve the right to ask you to return to port and will not be eligible for a refund.
7.1 The Owner shall not be liable to the Hirer for any direct loss or damage suffered by the Hirer resulting from the Hirer’s failure to comply with any operating and safety instructions supplied with the Equipment.
7.2 The Owner shall not be liable to the Hirer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Hirer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
7.3 Nothing in these Terms and Conditions shall exclude or limit the liability of the Owner for death or personal injury caused as a result of the Owner’s negligence, breach of contract or otherwise.
7.4 Please feel free to bring cameras, video cameras or binoculars. Many people have brought them and taken fantastic pictures, but please be aware that the Owner can take no responsibility for your property, should it get wet or damaged, this goes for clothes or any other property, whilst on-board and also left behind.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
9 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
10.1 Cancellations due to weather conditions (if the weather is deemed unsuitable to let) are made at the absolute discretion of the Owner.
10.2 If the Owner cancels your booking you will first be offered a choice of an alternative date or entitled to a full refund if the dates are not suitable for you.
10.3 Should you cancel your trip with less than 24 hours notice you will not be entitled to a refund, nor will you be entitled to a refund if you decide the weather conditions are not suitable for you. For example rain or cloudy conditions do not constitute a valid reason for a cancellation. If the Owner is operating then all bookings are to be honoured.
10.4 If the weather is deemed unsuitable to explore the River Fal estuary we may still operate within the inner harbour which is more sheltered. You will be entitled to change the date of your trip though you will not be offered a refund.
10.5 No alcohol is allowed on board and if you are deemed unfit to travel with us through alcohol then you will be refused entry onto our boats and not be eligible for any refund.