Terms and Conditions

Please read these terms and conditions carefully before booking

1. DEFINITIONS

The following words have the following meanings –

‘Booking’ means the legally binding agreement between you and us which is evidenced by your booking request and the booking confirmation that is made on the basis of these conditions.

‘Booking confirmation’ means the written confirmation issued to you by us confirming the key particulars of the booking.

‘Booking period’ means the period that you have booked for, as stated in the booking confirmation.

‘Conditions’ means these booking conditions.

‘End date’ means the end date in the booking confirmation.

‘Price’ means the price in the booking confirmation.

‘Start date’ means the start date in the booking confirmation.

‘You’ means the person or persons named in the booking confirmation. If there is more than one of you, each of you shall be individually responsible for complying with the terms of the booking.

‘We’ or ‘Us’ means Mrs W A Feakins of number 5 Brandon close, Churchdown, Gloucester, GL3 1NU.

‘Written’ means that the item has been printed, typed, written out by hand or sent or displayed by email or other electronic means

2. BOOKINGS

2.1 Your booking only comes into effect when we send out the booking confirmation. A provisional or conditional booking is not binding and you may cancel it at any time before the booking confirmation is sent out to you. Similarly we may allocate the spaces that are the subject of your booking to another party any time before a booking confirmation has been sent to you. The entire agreement between you and us is contained in these conditions, the booking request and the booking confirmation.

2.2 Nothing in these conditions affects your statutory rights

3. PRICES and PAYMENT

3.1 Our advertised prices are in pounds sterling.

3.2 We reserve the right to correct errors in advertised or quoted prices at the time of booking confirmation.

3.3 Payment is deemed to have been made when cleared funds are received by us, payments can be made by bank transfer or cheque made payable to Mrs W A Feakins. Bank details are available upon request.

3.4 The deposit is payable at the time of the booking request.

3.5 The balance of the price is due not less than eight weeks before the start date as shown in the booking confirmation.

3.6 Bookings made less than eight weeks before the start date: You must pay the full price at the time of the booking request.

4. YOUR PARTY

4.1 The booking is made between you and us and is personal to you. Your identity is a material factor in our decision to make the booking. You must be at least 18 years of age at the time of booking. You must be authorised by all other members of your party to enter into the booking on their behalf. The full names and permanent addresses of all members of the party must be provided to us at the time of booking. All changes in your party which take place any time after the booking information has been issued must be communicated in writing and approved by us. You are responsible for making all members of your party aware of the terms of the booking.

4.2 Our general policy is that we will not enter into bookings for school parties, youth groups, hen or stag parties. If we later become aware that your party actually falls within this policy but you have not disclosed it to us, then we may terminate your booking. In this event the deposit and any other part of the price that you have paid at the time may be retained by us and you will remain liable to pay the balance of the price.

4.3 No children under 12 will be carried other than by agreement on, private charter cruises, full boat bookings or by special arrangement and any passengers under 12 must be accompanied by a parent or responsible adult.

4.4 Where you or members of your party has special dietary requirements, please discuss this with us prior to making a booking, we cannot guarantee that we will be able to comply with any such requirements notified to us after the confirmation has been issued.

5. CANCELLATIONS AND CHANGES MADE BY YOU.

5.1 The booking is a legally binding contract and may only be cancelled or changed in accordance with these conditions.

5.2 If you want to cancel or change your booking you must give us written notice. The date of receipt of the written notice shall be the effective cancellation date but in order to increase the prospects of re-letting the cabin you should pre-advise us of any impending cancellation by telephone.

5.3 If you cancel your booking you will forfeit all sums paid to us at the effective cancellation date and you shall pay to us the balance of any sum due should we make a request in writing for payment of the full amount due in respect of the booking.

5.4 If we re-let the cabin to a new customer for the booking period or part of it, we will return the sums which you have paid for the booking in respect of any days for which it has been re-let after deducting an administration fee of £100 in total together with any payment charges that we have incurred.

5.5 We strongly recommend that you obtain adequate holiday insurance to cover cancellation, luggage and personal possession risk.

6. CANCELLATION BY US.

6.1 We may cancel the booking by written notice in the following circumstances –

6.1.1 For any of the reasons described in condition 4.2

6.1.2 If in our reasonable opinion embarkation or the continuation of the booking adversely affect the safety of any person or property. We will refund the deposit and any other monies which you have paid to us and the booking shall be discharged without further liability on either party. If the booking has been cancelled during the booking period, the refund shall be pro-rated to reflect the portion of the booking already spent.

6.1.3 For non-payment of any sum due under the booking.

6.1.4 For any material breach of condition 8.

7. EMBARKATION AND DISEMBARKATION.

7.1 The cabin will normally be available at the date, time and place shown in the booking confirmation, subject to the provisions of conditions 7.4 and 7.5

7.2 You must notify us as soon as possible if your estimated arrival time is delayed or disrupted. We cannot guarantee that we will be able to wait for you and may at our discretion elect to treat this as a full or partial cancellation under these conditions. There will be no rebate of the price for late arrival nor will we accept responsibility for any overnight costs which you may occur if you failed to reach the boat on time.

7.3 In the event that the boat is not available on the start date due to any circumstance for which we are not responsible, for example adverse weather or navigation conditions, damage or mechanical breakdown, we may substitute a boat providing similar accommodation but if no such boat is available we shall immediately refund your deposit and any other payments you have made.

7.4 We reserve the right change the places of embarkation and disembarkation for operational reasons or for reasons beyond our reasonable control.

7.5 We shall endeavour to keep to the agreed cruising schedule and timetable, however we reserve the right to make changes to the schedule should navigational difficulties or other events beyond our reasonable control occur.

8. SAFETY AND OTHER RULES.

8.1 When on the boat you are required to comply with our safety rules, a copy of which is available on request.

8.2 Pets are not allowed on the boat.

8.3 No smoking is allowed on the boat.

9. EXCLUSION AND LIMITATION OF LIABILITY.

9.1 We shall not be required to refund any part of the price, nor be liable to pay any compensation, damages, costs or expenses for any claim arising from any cause beyond our reasonable control which could not have been mitigated or avoided by us including but not limited to the following –

9.1.1 Loss of or damage to any person’s property.

9.1.2 Non-fulfilment, interruption or delay to the booking

9.1.3 Breakdowns, mechanical problems, latent defects, damage to the boat.

9.1.4 Restrictions on cruising, obstructions, repairs, damage or closure of waterways, non availability of routes, navigational works, storms, floods, droughts, shortage of water or other weather climatic conditions.

9.1.5 Non-availability of fuel.

9.1.6 Consequential loss, damage or expense which you incur including the cost of alternative transport, accommodation or other holiday provision.

9.2 Our total liability to you and any person claiming through you in respect of all claims which may arise under the agreement shall be limited in aggregate to the total price actually paid by you to us in respect of the agreement in question.

10. BROCHURE AND ADVERTISING.

10.1 Whilst every effort is made to ensure the accuracy of the contents of our website, brochure and other publicity material, we shall not be liable for any inaccuracies which may occur.

10.2 If your party includes any infirm or disabled persons you should make relevant enquiries at the time of booking. A copy of our access statement is available on request.

11. LAW AND JURISDICTION.

11.1 This agreement shall be governed by the law of England and Wales.

11.2 Any dispute arising under this agreement shall be submitted to the exclusive jurisdiction of the courts of England and Wales.

12. DISPUTE RESOLUTION.

12.1 The British Marine Federation and the Royal Yachting Association recommend that disputes arising under this form of agreement which cannot be resolved by negotiation, should by the written agreement of the parties, be submitted to mediation or failing that, to arbitration under the British Marine Federation’s dispute scheme, which is approved by the Royal Yachting Association.

13. THIRD PARTIES.

13.1 Only the named parties to the agreement may enforce the terms of the agreement. The parties agree that the contracts (rights of third parties) act 1999 shall not apply to this agreement.