Boat Hire Agreement
Terms and Conditions.
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Whitestrand Boats Limited (trading as ‘Whitestrand Boat Hire’) (“we” or “us”) a company registered in England and Wales. Our company registration number is 10029324 and our registered office is at 1 Strand Court, Whitestrand Quay, Salcombe, Devon, England, TQ8 8ET.
2.2 How to contact us. You can contact us by telephoning our shop at 01548 843818 or by writing to us at 1 Strand Court, Whitestrand Quay, Salcombe, Devon, TQ8 8ET or by email to email@example.com.
2.3 Definitions. In this agreement the following words are given the following meanings:
(a) The “Non-Refundable Deposit” refers to the non-refundable deposit of an amount equivalent to 50% of the value of the booking taken by either credit/debit card or cash when this agreement is entered into to secure your booking with us;
(b) The “Hire Period” refers to the agreed period of time for which you may hire the Product under this agreement;
(c) A “Late Fee” refers to a fee of £50 which we may charge, in our sole discretion, on the late return of any Product to us following a Hire Period;
(d) The “Permitted Area” refers to the area specified by us from time to time and made known to you when you collect the Product for hire within which the Product may be operated;
(e) The “Product” refers to any boat or vessel offered for hire by us and further includes any ancillary equipment, such as life jackets and dry bags;
(f) The “Security Deposit” means the deposit of £250.00 (in addition to the Deposit”) that we reserve the right to take in the event that you breach the terms of this agreement;
(g) “Stranded” refers to any situation where the Product becomes stranded, beached or otherwise stuck as the result of any error or omission by you;
(h) "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we write, email or confirm with you via telephone our acceptance, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the hire of the Product. This might be because the Product is not available, because we have identified an error in the price or description of the Product being hired by you or because we are unable to meet a delivery deadline you have specified.
3.3 We only hire our Products to customers in the UK. Our brochure and website are solely for the promotion of our Products in the UK. While we can accept bookings from persons outside of the UK we will only perform this contract inside of the UK.
4. Our Products
4.1 Products may vary slightly from their pictures. The images of the Products in our brochure or on our website are for illustrative purposes only.
5. Your rights to make changes
5.1 If you wish to make a change to the Product you have ordered for hire please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of hiring the Product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 Minor changes to the Product. We may change the Product being hired:
(a) to reflect changes and updates in relevant laws and regulatory requirements; and
(b) as a result of unavailability;
(c) to deal with technical problems or make minor technical changes; or
(d) to make changes to the Product as requested by you or notified by us to you (see clause 5 and clause 6).
6.2 More significant changes to the Product and these terms. In addition, we may make the following changes to these terms or the Product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:
(a) Provide a Product that is substantially and materially different to that which you had originally ordered;
(b) Provide any equipment supplemental to the Product which, when taken into consideration with the Product actually provided, means that your order is substantially and materially different from that which you originally ordered for hire.
7. Hiring the Product
7.1 Collecting the Product. Any costs of you collecting the Product will be as specified to you during the order process. You can collect the Product from us at the time we arrange with you when we confirm your order.
7.2 Returning the Product. You must return the Product at the end of the Hire Period. Should you not return the Product at the end of the Hire Period we reserve the right to recover the following charges:
(a) In the event that the Product is returned late, both:
(i) A Late Fee; and
(ii) The value of any bookings that must be cancelled as a result of the vessel being returned late, up to a maximum of £250.
(b) In the event that the Product is Stranded, both;
(i) A vessel recovery fee of £50; and
(ii) The value of any bookings that must be cancelled as a result of the vessel being Stranded, up to a maximum of £250.
7.3 Damage to the Product during the Hire Period. Should the Product become damaged we reserve the right to deduct any losses from the Security Deposit.
7.4 We are not responsible for delays outside of our control. If we are unable to provide the Product at a time we have agreed with you due to an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for hiring the Product where you have not been able to use the Product.
7.5 Your legal rights if we provide the Product for hire late. You have legal rights if we make Products available for hire late. If we miss the deadline for providing the Product for hire by more than two hours then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.6 When you become responsible for the Product. The Product will be your responsibility- in terms of risk- from the time that you collect the Product until the time that you return the Product. At no stage prior to, during or after the Hire Period will you own the Product.
7.7 Further charges. In addition to the charge for hiring the Product, we will charge:
(a) for fuel, on daily or weekly hires of the Product; and
(b) an overnight fee of £10, where the Product is not kept on our moorings overnight during the Hire Period.
7.8 Right to supply. We warrant that we have adequate title to the Product to offer it for hire.
8. Your obligations. By entering into this agreement you agree:
(a) To operate the Product in a suitable environment, in a proper manner and in accordance with any instructions;
(b) To take any necessary steps to ensure safe operation of the Product without risk to health or damage to third parties;
(c) To correctly wear a life jacket as instructed at all times during the Hire Period;
(d) To ensure that all passengers on board the Product correctly wear a life jacket as instructed at all times during the Hire Period
(e) Not to alter the Product, remove components or otherwise interfere with the Product;
(f) To inform us of any damage to the Product as soon as possible;
(g) Not do or permit to be done anything which could invalidate our insurance relating to the Product;
(h) To return the Product at the end of, or prior to but in any event no later than, the end of the hire Period;
(i) To comply with the Salcombe Harbour Byelaws 1994 (a copy of which is available on request);
(j) To ensure that the number of persons on board the Product does not exceed the maximum amount for which that particular Product is licensed
(k) Not to operate the Product under the influence of drugs or alcohol;
(l) Not to land, anchor or pilot the Product beyond (or otherwise allow the Product to go outside of) the Permitted Area or the area determined by us and clearly specified to you from time to time;
(m) Not to tow any person or object with the Product;
(n) Not to operate or allow the Product to be operated outside of our business hours;
(o) Not to jump or allow others to jump from the Product into the water unless the Product is anchored safely near a beach with the engine turned off;
(p) Not to smoke or allow others to smoke while on board the Product; and
(q) Not to use the Product for any unlawful purpose.
9. Your warranties. By entering into this agreement you confirm that:
(a) You are over 18 years of age; and
(b) You do not suffer from any medical condition that prohibits you from operating the Product safely.
10. Our obligations. Under this agreement we will:
(a) Ensure that a briefing, conducted by a licensed boatman, is carried out prior to every Hire Period (except where, in our sole discretion, we deem a briefing to be unnecessary due to the frequency of your custom); and
(b) Reserve the right to patrol the Permitted Area during the Hire Period for the purpose of ensuring that your obligations under clause 8, and those of our other customers, are observed. We further reserve the right to reclaim control of the Product if we deem that the Product is being used in an unsafe manner. In these circumstances you will not be able to claim a refund.
11. Your rights to end the contract
11.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have agreed to hire from us, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have hired is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back);
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 11.2;
(c) In all other cases (if we are not at fault), see clause 11.4.
11.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for Products which have not been provided for hire and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6);
(b) we have told you about an error in the price or description of the Product you are hiring and you do not wish to proceed;
(c) there is a risk that hire of the Product may be significantly delayed because of events outside our control;
(d) we have suspended hiring of the Product for technical reasons, or notify you we are going to suspend them for technical reasons; or
(e) you have a legal right to end the contract because of something we have done wrong.
11.3 Changing your mind under (Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). There is no right to change your mind and cancel the contract as it is excluded under these regulations.
11.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation. If you want to end a contract before it is completed where we are not at fault just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for hiring the Product, but we may deduct from that refund (or, if you have not made an advance payment, charge you) the Non-Refundable Deposit.
12. How to end the contract with us
12.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting us by phone or by email. Call our shop on 01548 843818 or email us at firstname.lastname@example.org. Please provide details of what you hired, when you ordered or received it and your name and address.
12.2 How we will refund you. We will refund you the price you paid to hire the Product by the method you used for payment. However, we may make deductions from the price, as described below.
12.3 When your refund will be made. Your refund will be made within 14 days.
13. Our rights to end the contract
13.1 We may end the contract if you break it. We may end the contract for you to hire a Product at any time if:
(a) we are unable to collect payment from you in full when it is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product for hire;
(c) you do not, within a reasonable time, allow us to provide the Product for hire; or
(d) you do not comply with your obligations under this agreement, contained in clause 8; or
(e) any of the warranties contained in clause 9 are incorrect.
13.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 13.1we will refund any money you have paid in advance for any hire of the Product that we have not provided but we may deduct or charge you up to the amounts retained as the Non-Refundable Deposit and the Security Deposit.
13.3 We may withdraw the Product for hire. We may telephone or email you to you to let you know that we are going to stop providing the Product for hire. We will refund any sums you have paid in advance for hiring Products which will not be available for hire, subject to us changing the Product in accordance with clause 6.1.
14. If there is a problem with the product
14.1 How to tell us about problems. If you have any questions or complaints about the Product, please contact us. You can telephone our shop on 01548 843818 or write to us at 1 Strand Court, Whitestrand Quay, Salcombe, Devon, TQ8 8ET or by email to email@example.com.
14.2 Summary of your legal rights. We are under a legal duty to supply a Product that is in conformity with this contract. See the box below for a summary of your key legal rights in relation to the hire of the Product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website or call 03454 04 05 06.
The Consumer Rights Act 2015 says that we must have the right to supply you the goods for hire. The goods must be as described, fit for purpose and of satisfactory quality. Your legal rights entitle you to the following (as far as the timeframes are applicable to the terms of this hire agreement):
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
15. Price, paymentand deposit
15.1 Where to find the price to hire the Product. The price of hiring the Product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We use our best efforts to ensure that the price of hiring the Product advised to you is correct. However please see clause 15.3for what happens if we discover an error in the price of the Product you order for hire.
15.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product for hire, we will adjust the rate of VAT that you pay, unless you have already paid to hire the Product in full before the change in the rate of VAT takes effect.
15.3 What happens if we get the price wrong. It is always possible that, despite our best efforts, the price of hiring our Products may be incorrectly stated. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the price to hire the Product is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract.
15.4 When you must pay and how you must pay. We accept payment with a range of debit and credit card providers. You must pay to hire the Product before it is available for hire.If you fail to make payment to us by commencement of the Hire Period we reserve our right to cancel this contract in accordance with clause 13.1.
15.5 The Non-Refundable Deposit we collect. We will collect a Non-Refundable Deposit when entering into this agreement with you. The Non-Refundable Deposit will be held by us to secure your booking.
15.6 The Security Deposit. We reserve the right to collect the Security Deposit in the event that there is a breach of this agreement by you. If you breach this agreement we will collect and use the Security Deposit to set-off any amount that you owe to us.
15.7 We can charge interest if you pay late. If we are unable to collect any payment from you by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
15.8 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
16. Our responsibility for loss or damage suffered by you
16.1 Except as provided for in this clause 16 we are not responsible for any loss or damage suffered by you.
16.2 We are responsible to you for foreseeable loss and damage caused by us to any material property. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but, except as set out in clause 16.4, we limit our liability in any event to a maximum of £5,000,000.00.
16.3 We are not responsible for any loss or damage that is not foreseeable, except as set out in clause 16.4. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods; and for defective products under the Consumer Protection Act 1987.
16.5 We are not liable for business losses. We only supply the products for domestic and private use. If you use the hired Products for any commercial or business we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17. How we may use your personal information
18. Other important terms
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree, at our discretion.
18.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Product for hire, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of this hire agreement in the English courts. If you live in Scotland you can bring legal proceedings in respect of this hire agreement in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of this hire agreement in either the Northern Irish or the English courts.
18.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. Details of our dispute resolution provider are available on request.