CONDITIONS OF HIRE

Please read these conditions carefully. They are part of the agreement and contain legal obligations and liabilities of the Hirer.

1. Definitions
In these conditions and the agreement:- "the Company" means Copt Heath Wharf, "the Hirer" means the person or persons named in the booking form. Where there is more than one Hirer they shall all be individually responsible and liable under the agreement. "The Conditions" means the conditions set out in this form. "The price" means the price for the booking set out in the booking confirmation. "The start date" means the date when the booking starts as set out in the booking confirmation. "The end date" means the date when the booking ends as set out in the booking confirmation.

2. Booking Agreement
A booking is a legal agreement. Submission of a completed booking form is an offer by the Hirer to hire and the booking agreement is made only if and when the Company confirms the booking by written booking confirmation. Telephone bookings do not create legal agreements and any offer by the Company to hold a reservation is not legally binding. The agreement includes these conditions, which the client accepts having read and agreed them.
The entire contract between the Company and the Hirer is contained in these Conditions and the booking form and no representations, terms, warranty or condition expressed or implied shall be deemed to be or have been made or agreed or imported by reference to any other writing, advertisement or conversation. The Hirer acknowledges that no statement or representation which may have been made by or on behalf of the Company induced the Hirer to enter into the contract and that any such statements or representations do not form part of the contract. Any liability of the Company and any remedy of the Hirer in respect of any such statement or representation is excluded save in so far as liability in respect of any particular statement or representation may not be excluded by law.

3. Group Bookings, Age Limits and Unsuitable Hirers.
The full names and addresses and ages of all members of the Hirers party must be entered on the booking form. Any changes before the start date or during the hire period must be authorised by the Company. At least one hirer must be aged over 21 years.
The Company's prior written consent is required for bookings by all male or all female parties. A Hirer who wants to make such a booking must provide full details with booking form and be prepared to give further information. The Company may at its discretion cancel any booking made in contravention of this condition before or at the start date. In this event any money paid will be forfeit and any balance payment will remain due unless the Company is able to re-let. If the Company is able to re-let the Hirer will remain liable for 20% of the price to cover administration expenses.
The Company may at its discretion cancel the booking and refuse to hand over the boat to any person or group who in its opinion is not suitable to take charge on the grounds of age, ill health, disability, inexperience, suspected influence of alcohol or drugs or any other reason. In this event the Company will refund any monies paid and the contract shall be discharged without further liability on either party.
The Company may repossess the boat at any time if in the opinion of the Company the Hirer is unsuitable for the reasons given above or if the Hirer is not behaving responsibly or if the boat or any persons are at risk. In this event the Hirer shall remain liable to pay the hire price and no refund shall be due.

4. Cancellations and Changes
The agreement (including payment terms) is a legally binding contract and may not be cancelled or amended except as provided in the Conditions. A Hirer who wants to cancel or change a booking must notify the Company immediately by telephone and at the same time confirm in writing. Written notice of cancellation will be accepted by the Company if received not less than 30 days before the hiring start date. The deposit will then be forfeit. If such written notice is not given the deposit will be forfeit and the Hirer will pay the balance price on the due date. The Company may waive the price less 20% administration expenses if the boat is re-let. THE HIRER IS STRONGLY RECOMMENDED TO PROTECT AGAINST CANCELLATION LIABILITIES BY TAKING OUT THE COMPANY'S CANCELLATION INSURANCE SCHEME.

5. Hire Period, Collection and Return of Boat.
Boats will normally be available between mid-day and 6.00 p.m. on the start date and will be returned by 6.00 p.m. at the latest on the end date or as otherwise shown in the booking confirmation.
The Hirer must notify the Company of any likely delay in arrival as soon as possible by letter or if this is not practicable by fax or telephone. In the absence of such notification, if the Hirer does not arrive to collect the boat by 6.00 p.m. the Company reserves the right to delay departure until the next morning, without change to the return arrangements agreed at the time of booking. In the event of non-arrival on the agreed date of departure, the Company may cancel the booking, and relet and the Hirer shall remain liable for the price. The Company may waive the price (or part of it) less 20% administration expenses if the boat is re-let.
Before the Hirer takes the boat over the Company may give the Hirer such instructions, demonstrations and trials as it thinks fit and require the Hirer to check and sign the contents inventory and handover sheet.
In the event that the boat is not available because of circumstances beyond the Company's control (for example damage, mechanical breakdown, late return) the Company shall refund any payments made but shall not otherwise be liable and the contract shall be discharged. Alternatively, the hirer may be offered an extension of hire to compensate for lost time provided the boat is available.
The boat must be returned to Copt Heath Wharf and vacated by the Hirer by the agreed time on the end date and the Hirer is responsible to allow enough time to ensure prompt return. In the event of delay the Hirer shall be liable to pay the sum of £20.00 per hour or part hour of the delay in returning the boat or giving possession and to indemnify the Company in respect of all other expenses and losses it may sustain by reason of such delay including any loss of or claim under subsequent booking. This condition is strictly enforced in the interest of subsequent hirers of the boat because the Company may not have time to prepare and deliver the boat on time to subsequent hirers. The Hirer is responsible to return the boat to Copt Heath Wharf. If the Hirer fails to do so except for unavoidable cause the Hirer will be liable to pay to the Company the cost of recovering the boat. The Company reserves the right without liability to hand the boat over at and/or to require the boat to be returned to a site other than the designated boat yard if operational circumstances make this necessary.

6. Prices and Payment
Prices quoted in the booking agreement are guaranteed for the period mentioned. Prices are in pounds sterling. The Hirer shall reimburse the Company on demand for any expenses incurred in the conversion of foreign currencies, bank charges, special clearance, re-presenting cheques, processing payments or otherwise in obtaining cleared sterling funds of the amount due on the due date. Payment is not made until cash is received or the Company has received cleared funds.
The booking deposit must be sent with the booking application. The deposit is 50% of the total price. The balance of the price is due not less than 30 days before hire start date. Time of payment shall be of the essence of the contract. For bookings made within 30 days before hire start date the Hirer must pay the full price with booking form. Without prejudice to any other rights of the Company it may charge interest (both before and after any judgment) at the rate of 3 per cent over the Company's banker's base lending rate on any monies due from the due payment date until date of payment and interest shall accrue from day to day.

7. Insurance and Security Deposit.
The Company insures the boat and equipment and against public liability risks. The policy does not cover personal accident or the Hirer's personal belongings and THE HIRER IS STRONGLY ADVISED TO MAKE HIS OWN INSURANCE ARRANGEMENTS.
The Company's policy excludes damage arising from speeding, sill damage, rudder or stern gear, TV aerials, chimneys, malicious and intentional damage, other vessels and their equipment, waterways, late return of boat and return of boat in unclean condition and does not cover the first £150 of any claim.
The Hirer will indemnify the Company from and against all costs, damage, expenses, liability and claims howsoever arising from the negligence, neglect or default of the Hirer to the extent that they are not covered by the Company's policy. The Hirer will pay a security deposit upon arrival at the boat yard of £150 to cover the Company's policy excess and any uninsured risks or other sums due to the Company hereunder.
The Company may forfeit the whole or any part of the security deposit against any sums due to the Company. Otherwise the Company shall refund within 7 days of the end of the hire period the security deposit by cheque when the Company is satisfied that no loss, damage or accident has occurred and that no sums are due to the Company by the Hirer. Instead of paying a security deposit the Hirer may use the Damage Waiver Scheme, details and conditions of which are set out on in the brochure.

8 Safety and Other Rules
The Hirer agrees to comply with the following rules at all times for the health and safety of the persons on the boat and other persons and for safeguarding the boat and other property:-
Not to tow other craft or allow the boat to be towed excepting only professional assistance in the event of breakdown or emergency. This includes not tying to another boat for working through locks and lock flights.
Not to cruise in hours of darkness. The boat is equipped and insured for daytime use only.
To observe the speed limit of 4 mph, not to race and not to cruise at a speed that creates a breaking wash or disturbs or inconveniences other waterway users. Not to take or have on the boat any dinghies, canoes, inflatables, portable heaters, bicycles, vehicles, lighting equipment, TV sets, electrical appliances (other than electric razors) inflammable liquids or substances, gas cylinders, car batteries, fire arms or any other items which might create dangers or hazards without the Company's prior written permission.
Not to use the boat for business purposes.
To allow the boat to be occupied only by the persons named in the booking confirmation.
Not to allow more than 12 persons to be on the boat at any time (this is the legal limit).
To give way to laden or unladen cargo boats, sailing craft, rowing boats and other human propelled craft.
To cruise only on British Waterways operated canals and rivers unless authorised in writing by the company to navigate other waterways. In such circumstances the payment of waterway licenses or tolls for other than BW controlled waterways will payable by the hirer.
Not to have or carry any live bait on the boat.
The steerer and anyone operating locks, swing and lift bridges must be below the legal alcohol limit for driving.
At all times to observe all byelaws, navigational limits or instructions and advice of British Waterways and their respective officers and employees.
The Company may forfeit the security deposit if the Hirer is reported for improper navigation or if the Hirer is in breach of any of the rules in this condition and if the Company as thereby involved in any expense or inconvenience or suffers loss of reputation.
The hirer shall not cruise beyond the following points without the company's prior agreement in writing: Stratford upon Avon (onto The River Avon), Worcester (onto the River Severn), Oxford (onto the river Thames), south of Braunston Tunnel, east of Fradley Junction, west of Great Haywood Junction or north west of Autherley Junction.

9. Accidents
The Hirer is in charge of the boat and is responsible for its safe navigation. In the event of any accident or damage to the boat, other craft or the waterway the Hirer must: -
Obtain and record the name of any other boat and names and addresses of all parties involved including the other boat owner and other hirers
Notify the Company by telephone immediately with full details of the accident including damage incurred
NOT IN ANY CIRCUMSTANCES ADMIT OR ALLOW ANY OTHER PERSONS ON THE BOAT TO ADMIT LIABILITY TO ANY OTHER PERSON
Not carry out or have carried out any repairs without the consent of the Company
Proceed in accordance with and follow the Company's instructions.
In the event of accident the Company may repossess the boat and the hiring contract shall then terminate without liability on the Company.
In the event that the Company's insurance cover is prejudiced or invalidated by any failure on the part of the Hirer to comply with the provisions of this condition the Hirer shall indemnify the Company in respect of all liability claims loss damage or expenses incurred.
The Hirer is liable for and shall indemnify the Company against any claim or charge made by any Waterway Authority for damage to waterway property or loss of water.

10. Maintenance. Repairs. Damage and Breakdown
The Hirer is responsible for and will keep and maintain the boat and its equipment and contents and shall return the same at the end of the hire term in accordance with the Company's instructions and in good clean and tidy order and condition.
The Hirer shall notify the Company immediately by telephone in the event of breakdown, damage, theft or loss and shall provide full details and comply with the Company's instructions. The Hirer must not undertake or have undertaken any repairs, adjustment or service without the Company's prior approval. Any repairs or replacements by the Hirer without the Company's approval will not be accepted.
While the boat and the contents are insured the Hirer shall be primarily liable to indemnify the Company in respect of any damage or loss arising from any failure of the Hirer to comply with his obligations under the conditions or from carelessness or negligence.
The Hirer shall be responsible for getting the boat off mud banks or other grounding and for removal of weeds, rope or other matter from propellers. The Hirer shall notify the Company if any of these operations cannot be carried out without risk of accident or damage and shall comply with the Company's instructions. Otherwise the Hirer shall be liable for any loss or damage incurred.

11. Hirer's Property
Vehicles may be left free of charge entirely at owners risk in the Company's car park. The Company will be under no liability for any loss of or damage to vehicles or contents of the Hirer's or other person's property on the boat or elsewhere or howsoever caused except by the Company's negligence. Hirers are particularly advised not to leave any valuable or portable items in the car. The Company make take such action as may be necessary to silence car alarms in the Company's car park and to recover the costs from the Hirer. In this respect the Hirer is advised to disable any car alarm fitted to his vehicle. The Company may return Hirer's property left behind on the boat if claimed and following receipt of payment for postage and packing (minimum charge £10.00). The Company will dispose of property not claimed within two months from the end date.

12. Fuel
The boat is handed over ready fuelled and the price includes the cost of fuel consumed. Refuelling may only take place at the premises of suppliers designated by the Company.

13. Pets
Pets are allowed on the boat only with the Company's permission. The Hirer shall give notice of any pets he wishes to bring at the time of making the booking. The Company may make charges and take additional security deposit for pets at its discretion. Hirers must provide their own pet baskets or blankets. All pets must be properly house trained or caged as appropriate, must never be left unattended, and may not be allowed on bedding or chairs. Pets are not covered under the Company's insurance policy and the Hirer shall be liable for any damage or loss caused by them.

14. Complaints
The Hirer must check the boat and its contents and equipment fully on arrival at the boat yard and notify the Company of any alleged deficiencies or shortcomings before the boat leaves the boat yard. The Hirer must sign the contents inventory upon taking the boat over and the Hirer will be responsible for any items, which are subsequently found to be missing or damaged. Any shortcomings subsequently discovered must be notified to the Company by telephone immediately in order to give the Company the opportunity to take any necessary remedial action.
The Company shall not be liable in respect of any matter that is not so notified immediately and in any event shall not be liable in respect of any matter that is notified after the end of the hire period. The boat may then have been taken over by another hirer and may not be available for inspection. Letters should bear the Company's booking reference.

15. Exemption
The Company shall not be liable for any matters arising from any cause beyond the Company's reasonable control or not due to the Company's negligence or wilful default including (without limitation) death or personal injury of Hirers their crew and passengers, loss of or damage to property, non-fulfilment or interruption of the booking or delays, breakdowns, mechanical problems, defects, damage, restrictions on cruising, obstructions, repairs or damage to waterways, non availability of routes, navigational works, storms, floods, droughts, ice, shortage of water or other weather conditions, rationing, shortage or non availability of fuel or in respect of any consequential loss, damage, expense, injury, or claim.
HIRERS ARE RECOMMENDED TO TAKE OUT PERSONAL HOLIDAY INSURANCE COVER details of which are enclosed with the brochure.

16 Brochure
The specifications of boats, their accommodation, facilities and equipment in the brochure are intended as a general guide but the Company shall not be liable in the event of any insubstantial differences in the boat supplied and reserves the right to make modifications. If the Hirer's party includes any infirm persons the Hirer should make relevant enquiries at the time of booking.

17 Disputes
Any dispute difference or question which may at any time arise out of the booking contract may be referred at the Company's sole discretion to a single arbitrator to be agreed between the parties or failing agreement to be nominated upon the application of either party by the President of the Birmingham Law Society. The decision of such arbitrator (acting as an expert and not as an arbitrator) including any direction as to payment of fees and costs in the arbitration shall be binding on both parties.

18. Jurisdiction
The contract between the Company and the Hirer shall be deemed to have been made in England and shall be governed in all respects by English law. The Hirer shall submit to the jurisdiction of the English courts provided that the Company at its option may bring any legal proceedings against the Hirer from the courts of any other country. No indulgence, forbearance or delay by the Company or delay permitted by the Company shall constitute any bar to its enforcement of its rights at any time and no waiver in respect of any breach shall operate as a waiver in respect of any other or subsequent breach.

20. Severance
The Conditions are considered reasonable by the parties. Any avoidance, restriction or limitation upon them or their effect by statute shall be limited to the Condition or part of the Condition and the issue to which it specifically relates. If any condition is found to be invalid and would be valid if modified by extension of time or otherwise it shall at the option of the Company take effect with such modification or amendment as may be necessary to make it valid and effective.
Copt Heath Wharf
309 Barston Lane
Solihull
West Midlands
Tel/fax 0121 704 4464
B91 2SX
VAT Reg. No. 878 6409 66

We strongly recommend that you take out holiday cancellation insurance. Details of our cancellation scheme will be sent to you with the letter confirming you booking.