Terms and Conditions of Hire:

1. Definitions: In these conditions and agreement “The Company” means Freedom Boats Ltd. “The Hirer” means the person or persons named on the booking confirmation. Where there is more than one hirer, they shall be individually responsible and liable under this 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 and Final Invoice form. “The Period of Hire” means the period between the commencement date and the return date set out in the Booking Confirmation and Final Invoice form. Week means 2pm Sat till 10am Sat. Weekend means 2pm Fri till 9am Mon or 2pm Mon till 9am Fri. Overnight means 9am till 5pm the following day.

2. Booking Agreement: A booking is a legally binding contract. Submission of a completed booking form is an offer by the hirer and the booking agreement is made only if and when the Company issues a written Booking Confirmation and Final Invoice. Telephone bookings do not create legal agreements and any offer by the Company to hold a reservation is not legally binding except where the booking deposit is authorised by the Hirer by credit card when acceptance by the Company shall create the booking agreement, though the Hirer shall also complete a booking form. The contract includes these conditions which the Hirer 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. No agent, servant or representative of the Company has any right to alter or vary or waive any of these conditions. Nor is any such person authorised to undertake any liability whatsoever on behalf of the Company. These conditions can only be varied with the written permission signed by a Director or the General Manager of the Company. 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. In accepting a booking, the Company’s responsibility does not extend beyond the provision of the boat and in particular there is no warranty that any particular route will be available for navigation during the period of hire.

3. Group Bookings, Age Limits and Unsuitable Hirers: The Hirer must be aged 20 years or over. Though there is no age limit for driving the boat, the Hirer warrants that whenever the boat is driven by a person aged less than 18 years they will always be under the close supervision of a competent adult. Where a boat is occupied by a group comprising mainly young persons, the Hirer warrants that at all times a responsible person aged more than 20 years will be in charge of the group.
   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 15% 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, inexperience, suspected influence of alcohol or drugs or any reason that may adversely affect the safety of any person, or commercial interests of the Company. In this event (and provided that the Hirer is not in breach of other parts of the agreement) 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 the payment terms is a legally binding contract and may not be cancelled or amended except as provided in the Conditions. Should the Hirer wish to cancel or amend the booking they must advise the Company immediately by telephone and at the same time send written confirmation by Recorded Delivery post. The Company reserves the right to levy an administration charge of £25 for any alteration to a booking made by the Hirer after it has issued a booking confirmation. In the event of a cancellation, the deposit will be forfeited and the Hirer will pay the balance price on the due date. The Company may at its discretion waive the balance price if it is successful in re-letting the boat for the whole of the hire period. Hirers are strongly recommended to protect themselves against cancellation liability by taking out cancellation protection insurance. In the event of any claim being disallowed, the Hirer remains liable for the full hire charges.

5. Hire Period, Collection and Return of the Boat: The Hire Period is as shown in the booking confirmation. The Company will endeavour to have the boat ready for 2pm on the start date. The Hirer must notify the Company of any likely delay in arrival as soon as possible by fax or telephone. Before the Hirer departs with the boat the Company will give the Hirer such instructions, demonstrations and trials as it considers fit and require the Hirer to check and sign for the contents, inventory and Boat Acceptance. In the event that the boat is not available because of circumstances beyond the Company’s control, the Company will endeavour to arrange an alternative suitable boat but if no such boat is available the Company shall refund any payments made but shall not otherwise be liable and the contract shall be discharged.
   The boat shall be returned to the Company’s hire base and be vacated in a clean and tidy condition no later than 10:00am on the return date. Hirers are responsible for ensuring that their cruising schedule allows time for unforeseen contingencies so as to permit their return and vacation of the boat by the scheduled time. Breach of this condition will incur an additional charge of up to £35 per hour or part thereof. In addition the Hirer will be liable for any extra costs and/or damages incurred by the Company as a result of the boat not being available on time for the next Hirer. Where the Company has to recover a boat and return it to the base, the Hirer shall be liable for all costs involved. The Hirer is responsible to return the boat to its operating base. If the Hirer fails to do so except for an unavoidable cause the Hirer will be liable to pay the Company the cost of recovering the boat.

6. Prices and Payment: Prices are inclusive of VAT and are subject to any change in the VAT rate prior to the settlement of the price in full. The Booking Confirmation and Booking Statement are not VAT invoices. Prices are in pounds sterling. The Hirer shall reimburse the Company on demand for any charges incurred in conversion of foreign currency, 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 or cleared funds have been received by the Company. The Booking Deposit must be sent with the Booking Form. Prices are as shown on the Booking Form. The balance of the hire fee must be received by the Company not less than 4 weeks before the hire start date. Time of payment shall be of the essence of the contract. For bookings made within 4 weeks prior to the hire start date, the full hire fee must be paid.

7. Insurance: The boat and its contents are insured against public liability. The company’s insurance does not cover personal accidents or loss or damage to personal effects. Hirer’s and their crews are advised to take out their own personal insurance cover. Malicious or intentional damage to the hire boat, other boats or property are excluded. The hirer will indemnify the company against all costs, damage, expenses, liability & claims howsoever arising from the negligence, neglect or default of the hirer to the extent that they are not covered by the company’s insurance policy.

8. Safety and Other Rules: The Hirer agrees to comply with following rules at all times for the health & 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 except under professional assistance in the event of a breakdown or emergency.
   Not to cruise between sunset and sunrise. The boat is only equipped for cruising during daylight hours.
   To observe all speed limits, not to race and not to cruise at a speed which creates a breaking wash or disturbs or inconveniencies other waterway users.
   Not to take or have on the boat without the Company’s prior written consent any dinghies, canoes, inflatables, portable heaters, bicycles, vehicles, lighting equipment, TV. sets, electrical appliances (other than those allowed in the Company’s publications), inflammable liquids or substances, gas cylinders, barbeques, car batteries, firearms or any other items which might create dangers or hazards.
   Not to use the boat for business purposes.
   Not to allow on the boat at any time more persons than the maximum number of berths and under no circumstances more than 12 persons.
   To give way to laden or unladen cargo boats, sailing craft, rowing boats, and other human propelled craft.
   Not to take the boat onto tidal waters.
   At all times to observe all byelaws, navigational limits or instructions and advice of British Waterways and other navigational authorities and the Company and their respective officers and employees.
   The Company reserves the right at its discretion without liability to restrict cruising areas or routes in the light of prevailing conditions.

9. Accidents: The Hirer is in charge of the boat and is responsible for its safe navigation and return. In the event of any accident or damage to the boat, other craft or the waterways, the Hirer must:
   Obtain and record name and registration number of the other boat and names and addresses of all parties involved including the other boat owners 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 OTHER PERSONS ON THE BOAT TO ADMIT LIABILITY TO ANY OTHER PERSON.
   Not to carry out or have carried out repairs without the consent of the Company.
   Obtain and carry out the Company’s instructions.
   In the event of an 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 or damage or expenses incurred.
   The Hirer is liable for and shall indemnify the Company against any claim or charge made by any navigation authority for damage to waterway property or loss of water.

10. Maintenance, Repairs, Damage and Breakdown: The Hirer shall take reasonable care of the boat, its equipment and contents and shall return them at the end of the hire period in accordance with the Company’s instructions and in good clean and tidy order and condition. Replacement costs of loss or damage to the equipment and contents shall be charged to the Hirer. If the Company deems the boat to have been returned in an unacceptable condition in respect of good clean and tidy order, a surcharge will be levied for additional cleaning at a rate not less than £25.
    The Hirer will be responsible for getting the boat off mud banks or other grounding and for removal of weeds, rope and other matter from the propeller. The Hirer shall notify the Company if any of these operations cannot be undertaken without risk of accident or damage.
    The Hirer shall have no claim against the Company as a result of breakdown or failures of the boat or its equipment or for any delays caused by repairs to the boat. The Hirer shall comply with the Company’s instructions otherwise the Hirer shall be liable for any loss or damage incurred.

11. Damage Waiver: A compulsory damage waiver of £40 per boat is payable for each holiday. LIABILITY IS LIMITED subject to the following exclusions: Intentional or malicious damage to the boat, its equipment, other boats or structures and to the waterway. Damage to the rudder etc. due to cill damage in the locks. Damage caused by speeding (witnessed or reported). Late return of the boat or return of the boat in an unclean condition.

12. Hirer’s Property: Vehicles may be left at the Company’s hire base at the owner’s risk. The Company will be under no liability for any loss of or damage to vehicles or contents of the Hirer’s or other peoples property on the boat or elsewhere or howsoever caused except by Company’s negligence or that of those for whom the Company is responsible.
    The Company shall take such action as may be necessary to silence car alarms in the Company’s car parks and to recover the costs from the owner.
    The Company will return Hirer’s property left behind if claimed and following receipt of payment for post and packaging (minimum charge £7:50). Property not claimed within 2 months will be disposed of by the Company.

13. Fuel, Gas, Water, etc.: The boat is handed over ready fuelled and the hire fee includes the cost of fuel expended. If refuelling becomes necessary then unless authorised by the Company it shall be at the Hirer’s own expense. Gas is provided and the Hire fee includes the cost of gas expended. Should further gas supplies be required, then unless authorised by the Company it shall be at the Hirer’s own expense.
    Water supplies and moorings on the waterways are normally free of charge. Any costs incurred are the responsibility of the Hirer.

14. Complaints: The Hirer shall check the boat and its contents and equipment fully, immediately after taking possession of the boat. In the unlikely event of any alleged deficiencies or shortcomings the Hirer must notify the Company before the boat leaves the hire base. The Hirer shall sign the Boat Acceptance form before departure and thereafter the Hirer is completely responsible for the boat, its equipment and contents and its operation until it is handed back to the Hirer at the end of the period of hire.

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 or passengers, loss or damage to property, non-fulfilment or interruption of the booking or delays, breakdowns, mechanical problems, defects, damage, restrictions or 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 suitable personal holiday insurance cover.

16. 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 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.

17. 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.

18. Waiver: No indulgence, forbearance or delay 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 subsequent breach.

19. Third Parties: No person who is not a party to this Agreement may enforce any term of this Agreement. The parties agree that the Contracts (Rights of third Parties) Act 1999 shall not apply to this Agreement or to any Agreement or document entered into pursuant to this Agreement.