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Legal
1. Booking
Our contract with you will come into force once we have received a completed booking form and/or a 35% deposit. Holidays can be held without payment for 48 hours.
2. Payment of balance
The balance of the hire charge must be paid 8 weeks before the cruise start date. If payment is not received by this time, we reserve the right to cancel your holiday and retain your deposit. Payment for your holiday can be made by credit/debit card, cheque or bank transfer. Please note that a 2% surcharge will be applied to all credit card transactions (capped at £50 per transaction). If you book through a travel agent, all contact with you will be via them. Money which you pay to the travel agent will be held by them on your behalf.
3. Conditions of hire
Hirers must be over the age of 18 years.
The minimum number of people required to hire a boat is 2 adults (as specified above). The number of passengers on board may not exceed the maximum amount of passengers the boat is licensed for. The Hirer must conform to the rules of river navigation, and also the instruction given by the company and the river authorities. The Hirer shall restrict his cruising to those waters permitted by the company. The Hirer shall not sail after nightfall, nor engage in towing, sub hiring or lending of the boat.
4. Cancellation - If you cancel or amend your holiday
To cancel your cruise we will require written confirmation from the party leader. The postmark date is the date on which the cancellation becomes effective. Please refer to the table below for our cancellation/amendment terms and conditions.| Cancellation or Amendment Type | More than 56 days | Less than 55 days |
| Cancel cruise | Loss of deposit | No Refund |
| Change of holiday to a cheaper holiday | Refund of difference less a £35 admin fee | £35 amendment fee plus no refund |
| Change of holiday to a more expensive holiday | £35 admin fee plus difference in price charged | £35 amendment fee plus difference in price charged |
| Change of route / direction * | £35 amendment fee plus refund of difference in price charged | £35 amendment fee, plus no refund of difference or one-way fee. Incremental price difference charged |
| Change of region / country | £35 amendment fee plus refund of price difference. Incremental price difference charged | £35 amendment fee, plus no refund of difference or one-way fee. Incremental price difference charged. |
*Note: If changing from a return trip to a one way trip, the one way fee of £67 is also applicable.
Major changes made by you less than 55 days prior to departure may be viewed as cancellation. Major changes will include, without limitation, those scenarios set out in the table above.
If you have taken out our travel insurance and the reason for cancellation is within the scope of the insurance, then the deposit or balance of the hire maybe reclaimed from Towergate Chase Parkinson.
5. Cancellation - If we cancel or amend your holiday
Sometimes we may have to make a major change to your booking, this would include, but is not limited to, change of cruising area, change of departure date and change of boat to a lesser model. If we have to make a major change to your holiday we will:
a) Offer you an alternative holiday to the same or better standard (where available)
b) Offer you a lesser holiday and a refund of the difference in price (where available); or
c) Cancel your holiday and give you a full refund of all monies paid excluding any insurance premiums paid to us.
In addition we will pay compensation if appropriate, but not where the major change has occurred due to an event of Force Majeure or because there were insufficient bookings to operate a particular base.
Force Majeure means unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised. Examples of Force Majeure are listed in clause 22.
We strongly recommend you provide us with an emergency contact telephone number in case of any unexpected changes that need to be made to your holiday at short notice.
6. Insurance
Le Boat has comprehensively insured the boat and its equipment. The policy covers damage or loss to the boat and its equipment and also no less than €7m third party liability. This policy extends to cover any incident caused by the Hirer or the Hirer’s crew. This policy is included in the cost of your holiday
The policy in place has certain reasonable exclusions to cover as a result of certain actions by the Hirer or the Hirer’s crew. These include wilful damage or gross negligence, person being under the influence of drugs or alcohol or as result of not obeying the instructions of a member of Le Boat staff. If the insurer fails to indemnify Le Boat because of the above then the Hirer is responsible for all costs. Adults will at all times be responsible for the minors in their care.
Le Boat’s insurance does not cover the Hirer’s personal belongings. We strongly recommend that you take out our travel insurance – a summary of the insurance that we offer is included in these terms and conditions. If you do not require our travel insurance we will ask you to sign and complete an insurance indemnity form with your alternative insurance policy details.
7. Damage Waiver
Insurers charge Le Boat an excess with every incident and also the cost of claims potentially forces up the premiums we pay. To encourage a duty of care from you, the Hirer, and to contribute to covering this cost we ask you to pay either:
Option 1: Refundable damage deposit
On arrival at the base, you leave a refundable damage deposit (£1000) which will only be exercised if the boat or any of its equipment / inventory is returned damaged or lost, as well as costs of any accidental damage or injury to any third parties. This will not be the case if there is evidence of gross neglect, which is excluded from our cover under our insurance policy.Option 2: Non-refundable damage waiver
A charge of between £55 and £111 can be paid on arrival or at the time of booking. With this option you will be fully covered if the boat or any of its equipment / inventory is returned damaged or lost, as well as costs of any accidental damage or injury to any third parties. This will not be the case if there is evidence of gross neglect, which is excluded from our cover under our insurance policy. These charges do not alter the Hirer’s potential liability outlined in the insurance paragraph above.
8. Embarkation/Disembarkation and Cruising Route
Boat embarkation time is usually from 16:00 on your start day and disembarkation must be by 09:00 on the return day. A boat briefing and local cruising brief will be conducted before you depart the base. The Company reserves the right to make changes to the times/and or direction of the cruise. Minor changes will not entitle the Hirer to cancel with a refund or compensation.
9. Prices
The prices quoted in the brochure are based on costs, exchange rates, taxes and levies as known at July 2007.
The price of your travel arrangements may be subject to surcharges for increases in:
i). Transportation costs e.g. fuel,
ii). Dues taxes or fees chargeable for services e.g. landing taxes
Any benefits derived from decreases in these costs will be passed to you. In the case of any small variation, an amount equivalent to 2% of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations this 2% will still be absorbed for increases but not retained from refunds. No price increases will be made within 30 days of departure.
In either case there will be an administration charge of £1 (or equivalent) per person together with an amount to cover any agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements you may cancel and receive a full refund minus any amendment charges.
10. Navigational Restrictions
Our brochure offers a number of cruising suggestions for each region based on our experience and knowledge of the area. At the start of your cruise, you will receive a Waterways Guide and/or detailed cruising notes for your region, clearly stating which waterways are navigable and which are prohibited or restricted. The base team will also advise on any specific routes, which are prohibited or restricted, or procedures falling under the control of the National Inland Waterways Authorities. Our guarantee doesnot cover cruising in areas that are prohibited or restricted. Please contact the sales team prior to departure if you wish to cruise on any waterways not covered in our brochure.
11. Accidents and Loss of Equipment
If the boat is involved in an accident of any nature, the Hirer must immediately contact the base and complete an accident report form (found on board) and ask any other party involved to complete the same form. The Hirer will not ask for any repairs to be carried out without Le Boat’s agreement. Should any equipment be lost, stolen or broken, the Hirer must report this on return of the boat.12. Bicycle Theft Waiver
This weekly charge of £7 or two week charge of £10 can be booked and paid for on arrival. With this option you will be fully covered if the bicycle is stolen.13. Technical Assistance
Le Boat has a breakdown service during normal working hours every day of the week. We will endeavour to attend and repair a breakdown or technical incident as quickly as possible. The Hirer will have no claim against Le Boat for any failure caused by the hirer including but not limited to grounding, and in such instances the company will reserve the right to recover from the Hirer the expenses incurred in rectifying the matter.
14. Security Deposit
Before departing the base on board your cruiser, you will be required to leave a Security Deposit. This deposit is towards the cost of the following incidentals:
Fuel Charges (See fuel charges)
Cleaning Fee (See return of the boat)
Grounding Fee – Charged if you ground the boat and assistance was required.
Damage to or loss of bicycles
This is in addition to the Non-refundable Damage Waiver or Refundable deposit mentioned in clause 7
15. Return of the boat
The boat must be returned by 09:00 on your final day at the correct base, unless you have booked a late check out. Late returns will incur an abandonment fee of £330. We expect the boat to be returned reasonably clean, i.e. with all bedding stripped, rubbish neatly bagged and all crockery and utensils cleaned. If the boat is left in an unsatisfactory condition a cleaning fee of between £52 and £65 will apply dependent on the type of boat.16. Fuel Charges
In France, Belgium, Holland, Italy and Germany, Le Boat charges the amount of hours the engine has been running. At the start of your cruise you will be informed how much the per hour charge will be and the current engine hours on your boat will be agreed and recorded with you.
In Ireland, England and Scotland, Le Boat charges fuel by the litre. At the start of your cruise the boat will be handed to you with a full tank of fuel and you will be informed by the staff member how much your fuel will cost per litre.
17. Your security - Limitations on our liability
Where you have booked a package holiday (as defined in the Package Travel, Package Holiday and Package Tours Regulations 1992) through Le Boat then we will accept responsibility for the proper performance of our obligations under this contract. We will perform such obligations with reasonable skill and care. We are not responsible for any failure that is attributable to you or a member of your party; attributable to a 3rd party unconnected with the provision of services to you and is unforeseeable and
unavoidable; or due to Force Majeure.
Our liability to you for any loss or damage which you may suffer is limited to three times the price of your holiday. This excludes personal injury resulting from the non-performance or improper performance of the services involved in the holiday, and is subject to the limitation of liability described below. Health and safety standards applicable to the services provided by us under this contract should meet the local standards applicable to your holiday destination.
18. Air Travel Conditions of Carriage
You must comply with the conditions of carriage applied by land, sea and air carriers. The provisions of the Warsaw Convention 1929 (as amended) concerning the carriage of passengers and their luggage by air, and the airlines’ conditions of carriage, may apply to you and your party during your flight, and during boarding and disembarkation. These provisions and conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and may make special provisions for valuables. We will supply a copy of the conditions of carriage applicable to your flight, and of the Warsaw Convention, if you
request them.
NOTICE OF LIABILITY LIMITATIONS
This is a notice required by European Community Regulation (EC) No. 889/2002. This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Montreal Convention or the Regulation. It does not form part of the contract between the carrier(s) and you and no representation is made as to the accuracy of the contents of this notice.
Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death. For damages up to 100000 SDRs (approximately £80,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
Advance payments
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRs (approximately £13,000).
Passenger delays
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approximately £3,300)
Baggage delays.
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately £800).
Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately £800). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.
Liability of contracting and actual carriers
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either.
If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation SP. (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.
In accordance with EU directive (EC) no 2111/2005. Article 9, we are required to bring to your attention the existence of a “Community List” which contains details of air carriers that are subject to an oprating ban within the EU Community. The Community list is available for inspection at http://air-ban.europa.eu/
19. Sea and Rail Conditions of Carriage
When you book your travel with a carrier, the conditions of that carrier will apply, some of which limit liability. Clients should note carefully that such conditions include clauses limiting or excluding liability in respect of injury, loss or damage. All members of the party subject to the carrier’s terms and conditions. This brochure is issued on the sole responsibility of Le Boat. It is not issued on behalf of, and does not commit the carriers mentioned, or any carrier whose services are used in the course of the holiday. Any cancellations by the Hirer may incur charges levied by the carrier for which you will be responsible.20. Hirer’s suitability
The Hirers must accept responsibility for the proper conduct of him/herself and any members of their party. Le Boat cannot be held responsible for under age consumption of alcohol. We reserve the right in our absolute discretion to terminate without further notice the holiday arrangements of any client who refuses to comply with the instructions or orders of the company staff, agent or other responsible person whose behaviour in their opinion is likely to cause distress, damage or danger or annoyance to other customers, staff, any third party or to property. Upon such termination our responsibility for your holiday ceases and we shall not be liable for any extra costs incurred by you.
21. Boat Descriptions
Boat layout plans, specifications and illustrations in the brochure are general guidance. Some models within boat classes have minor variations.
22. Force Majeure
We regret we cannot accept responsibility for or pay any compensation where performance or prompt performance of our contact with you is prevented or affected by reason of circumstances amounting to ‘Force Majeure’. Such circumstances include, but are not limited to: the destruction or damage of your boat through fire, flood, explosion, storm or weather damage; accidental damage; criminal damage or any other force outside of our control. These also include flooding, shortage of water, obstruction, repairs to any waterway, lock or navigational equipment, shortage of or non availability of fuel, riots or civil strife, industrial action or nuclear disaster, fire, adverse weather conditions, port blockades, war or threat of war, and actual or threatened terrorist activity or similar.
23. Law and Jurisdiction
This agreement will be governed by English law and any disputes will be dealt with by the English Courts. If however you booked your holiday in Scotland or Northern Ireland any disputes may be dealt with in the local courts in Scotland or Northern Ireland and will be subject to the law of those countries.
24. Complaints
If you have a complaint whilst you are on holiday, please inform the base manager or a Le Boat office immediately so that remedial actions can be taken. If you wish to make a claim against us then you must notify us in writing within 35 days of your return home by writing to our Customer Relations department at our Port Solent address.
Disputes which cannot be amicably settled, may (if you so wish) be referred to the arbitration under a special scheme which, although devised by arrangement with the Association of British Travel Agents, is administered quite independently by the Chartered Institute of Arbitrators.
25. Dogs
Dogs can be taken on Le Boat holidays. We do make a charge for taking dogs and we ask you to bring a basket/blanket for the dog to sleep on. Animals are not allowed to lie on bedding or settees. Please do not leave dogs unattended on your boat. If the base feels extra cleaning is required on the return of your boat, you will be ask to pay the cleaning fee.
