Welcome to Looe Self Drive Boat Hire
By hiring a vessel you will be entering into a legally binding contract.
Definitions:
'Us', 'Company', 'LSDBHL' - Looe Self Drive Boat Hire Ltd
'You', 'Hirer', 'Skipper’, ‘Captain’ – The person booking
‘Hire Period’ – The period of hire
‘Hire Fee’ – The charge of Hire
‘Vessel’ – The Craft/Boat identified in the Hire Agreement.
Clause 1 – Agreement to Hire: We will provide the Vessel on the date and at the time set out in the booking confirmation that we send to you by email. We reserve the exclusive right to refuse any Hire at our discretion.
Clause 2 – Delivery: The Company shall at the beginning of the Hire ensure the Vessel is in good condition throughout, fully equipped and ready for Hire, as set out in Clause 9.
Clause 3 – Delay in delivery: Where a delay in delivery of the Vessel exceeds 25% of the total Hire Period, the Hirer may terminate the Hire Agreement and the Company shall refund all sums paid. In this event the Company shall not be liable to pay to the Hirer any other compensation for any loss or damage of whatever nature resulting from the curtailment or cancellation of this Hire Agreement. Clause 4 – Payment : The Hirer agrees to Hire the Vessel and pay the Hire Fee in full at the time of booking.
Clause 5 – Fines & Charges: The Hirer agrees that he/she will be liable for payment of any of the fines or charges listed below. a) £500.00 per incident if the Company is notified of any breach in the limit of navigation (see Clause 10). b) A MINIMUM of £75.00 if damage is caused to the propeller or underwater running gear. Any such damage is the Hirer’s responsibility and the Hirer should verify the condition of the propeller or underwater running gear prior to departure. c) £25.00 for each occasion that the Hirer or any member of the Hirer’s Crew inflate a lifejacket without just cause. d) A £25.00 cleaning charge if the Vessel is returned in a condition that the Company considers unreasonably dirty (see Clause 13). e) £25 for every 15 minutes delay in re-delivery delaying the next hirer (see Clause 14). f) If it is determined that the damage has been caused by intentional, reckless or negligent behaviour the Hirer is liable for the full cost of repair.
Clause 6 – Cancellation & Failure to arrive for the Hire: If the Hirer cancels this Agreement or fails to arrive it is non-refundable and non-transferrable. If a booking is cancelled by the Company due to weather conditions a full refund will be made.
Clause 7 – Maximum Number of Persons: The Hirer shall not at any time exceed 5 persons (regardless of age or size) or in whaly 370 and 7 persons in whaly 435. If children are taken on board, the Hirer shall be fully responsible for their safety, conduct and entertainment. The Company shall not be held responsible for their safety. The nature of power-boating may render it unsuitable for a person with a physical disability, condition or undergoing medical treatment. N.B. Please contact us to discuss any concerns you may have. By signing the Hire Agreement the Hirer warrants the medical fitness of all crew members.
Clause 8 – Skipper, Crew, Alcohol & Behaviour: The Hirer (and any other person(s) skippering) must comply with Looe Harbour Bye-laws and regulations, under which boaters can be prosecuted if found to be under the influence of alcohol or illegal drugs when in charge of a Vessel. The Hirer confirms that he/she is assuming the position of Skipper and therefore in law is responsible for the Vessel and all the passengers on board. The Skipper must be at least 18 years of age and must remain sober throughout the entire duration of the Hire Period. Valid ID may be required for proof of age of the Skipper. We reserve the right to refuse access to the boats and you will forfeit your Hire fee if you or any member of your crew is deemed to be showing signs of alcohol consumption (at our sole discretion) before your Hire Period commences. Any reports of anti-social behaviour will be taken very seriously, will not be tolerated and will result in the termination of the Hire Period. In addition, we reserve the right to fine you £25 for each instance of anti-social behaviour as outlined below: Your designated captain is seen drinking alcohol The boat being returned excessively dirty Beaching the boat, the Hirer must anchor at least 0.6m> to avoid engine damage Taking the boat ashore is not permitted at anytime Setting off a lifejacket without just cause Urinating in public Not keeping a safe distance between boats Anti–social behaviour of any kind, staff discretion is used Littering – Rubbish must not be thrown into the water, rubbish must be retained and disposed of in an appropriate manner. Repeated complaints of noise nuisance
Clause 9 – Use of Vessel: The Hirer shall maintain a safe distance at all times between all other vessels and users on the water. The Company Hire the Vessel for pleasure or as a means of water transport for the use of him/herself and his/her guests. The Vessels will not be raced, speed tested, beached or used as a ferry. The Hirer shall ensure that the behaviour of him/herself and his/her guests shall not cause a nuisance to any person or bring the Company or Vessel into disrepute. The Hirer shall take care of and assume full responsibility for the safety, security and maintenance of the Vessel and its equipment at all times. The Vessel must not be left unattended. The Hirer shall comply and shall ensure that his/her guests comply with the laws and regulations of Looe Harbour during the course of this Agreement. The Hirer is prohibited from allowing any person who has not been named on the Hire Agreement to board the Vessel. It is the Hirer’s responsibility to ensure that all safety equipment is worn correctly at all times by all persons aboard – in particular lifejackets. Guidance on the correct use of this equipment can be obtained from your PBH representative.
Clause 10 – Cruising area: The Hirer shall restrict the cruising of the Vessel to within Looe Harbour with the “limit of navigation” being marked no further south than the RNLI slipway. The boats are coded only for use within Looe Harbour and are equipped to provide notification of any breach in the limit of navigation, financial penalties will apply for any such breaches (see Clause 5a).
Clause 11 – Water Sports: The Company specifically forbids the use of water sports equipment (ringos, wakeboards, skis , etc.).
Clause 12 – Breakdown or disablement: If after delivery the Vessel at any time is disabled by breakdown of machinery, preventing reasonable use of the Vessel (where the disablement has not been brought about by any act or default of the Hirer), the Company shall refund £25 for every hour lost if the Hirer considers the circumstances justify the invoking of this clause, by providing immediate notice to the Company. The Hire Fee shall be repaid in full by the Company if the loss or disablement occurs during the first hour. For the avoidance of doubt the grounding/beaching of the Vessel by the Hirer is considered “an act or default of the Hirer”.
Clause 13 – Re-delivery: The Hirer must re-deliver the Vessel to the Company on East Looe quay free of any debts incurred and in as good a condition as when delivery was taken, except for fair wear and tear arising from ordinary use.
Clause 14 – Delay in re-delivery: If the Hirer shall fail to re-deliver the Vessel at the time and place agreed he/she shall be liable to pay £25 for every 15 minutes by which re-delivery is delayed (see Clause 5g). The Hirer’s obligations under this Agreement shall continue until eventual re-delivery. Clause 15 – Non-assignment: The Hirer shall not assign this Agreement, sub-let the Vessel or part with control of the Vessel without the consent in writing of the Company.
Clause 16 – Insurance: No liability whatsoever shall be taken by the Company for any personal effects, property or equipment. The Hirer should take out additional insurance as they feel necessary. Cancellation and curtailment insurance is not included in this Agreement.
Clause 17 – Arbitration: Any dispute in connection with the interpretation and fulfilment of the Agreement shall be referred to the British Marine Federation’s arbitration service. If it remains unresolved then the dispute will be settled in Court. This Agreement shall be construed in accordance with the laws of England.
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