TERMS AND CONDITIONS OF HIRE
Poole Boat Hire: Full Terms & Conditions of Hire – NB: Please read this contract with care. You are entering into a legally binding contract.
Definitions: ‘Company’ ‘We’ ‘Us’ ‘PBH’ – trading as ‘Poole Boat Hire’. ‘Hirer’ ‘You’ -The person identified on the Hire Agreement as the Hirer; ‘Hire Period’ – The period of hire as identified in the Hire Agreement; ‘Hire Fee’ – The Fee identified in the Hire Agreement; ‘Vessel’ – The Craft/Boat identified in the Hire Agreement.
Clause 1 – Agreement to Hire: The Company agrees to Hire the Vessel to the Hirer and not to enter into any other Agreement for the Hire of the Vessel for the same period.
Clause 2 – Delivery: The Company shall at the beginning of the Hire ensure the Vessel is available for the Hirer and the Hirer shall take the Vessel in full commission and working order, in good condition throughout and ready for service with full equipment, enabling the Hirer to use the Vessel as set out in Clause 9. The Company does not warrant the Vessel’s comfort in bad weather conditions for all cruises or passages within the Cruising Area.
Clause 3 – Delay in delivery: The Company will use its best endeavours to deliver the Vessel to the Hirer at Cobbs Quay Marina at the scheduled time. If a delay exceeds the lesser of 1 hour or 25% of the total Hire Period, the Hirer shall be at liberty to treat the Hire Agreement as terminated and the Company shall thereupon return 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 shall pay the Hire Fee and any other agreed charges by credit/debit card on the day of the Hire. On the date of the Hire (weather permitting as defined by PBH), a Deposit equal to £75.00 will be pre-authorised against the Hirer’s credit/debit card. The Deposit will be retained by the Company in the event of the Hirer’s failure to arrive for the Hire subject to Clause 6 of this Agreement. If the Hirer fails to return the Vessel in as good a condition as when delivery was taken then the Hirer will be liable for the full cost of re-instating the Vessel to the Vessel’s delivery condition and the Deposit will be retained by the Company in part or full payment towards the cost of re-instatement. Where the cost of re-instatement exceeds the value of the Deposit then the Hirer agrees that the Company can charge the excess to his/her credit/debit card. Where payment cannot be paid by credit/debit card then Proof of Identity in the form of a Passport, Driving License or some other photo ID is required (please contact us to discuss).
Clause 5 – Fines & Charges: The Hirer agrees that his/her credit/debit card will be charged: 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) £50.00 for speeding in Cobbs Quay Marina where the Hirer’s speed is logged or reported resulting in a subsequent fine (see Clause 9). d) £25.00 for each occasion that the Hirer or any member of the Hirer’s Crew inflate a lifejacket without just cause. e) a £50.00 cleaning charge if the Vessel is returned in a condition that the Company considers unreasonably dirty (see Clause 13). f) a fine of up to £1000 payable to Poole Harbour Commissioners if the Vessel exceeds the speed limits in the restricted speed areas (see Clause 9). g) £50 per hour or part there of a delay in re-delivery (see Clause 14).
Clause 6 – Cancellation & Failure to arrive for the Hire: If the Hirer cancels this Agreement and provides notification to the Company by PHONE CALL or TEXT MESSAGE (email is not accepted) at any time up to 23.59 hrs on the day before the Date of Hire (“the cancellation window”) then the Company will treat this Agreement as having been repudiated. If the Hirer fails to cancel this Agreement within the cancellation window and fails to arrive for the commencement of the Hire, the Hirer agrees that his/her credit/debit card will be charged for the full amount of the Deposit (see Clause 4).
Clause 7 – Maximum Number of Persons, responsibility for children, health of the Hirer’s party: The Hirer shall not at any time during the Hire Period permit more than the maximum number of persons on board – 6 persons with a combined weight not exceeding 450Kg. 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 or condition, or undergoing medical treatment. By signature of this Agreement the Hirer warrants the medical fitness of all members of the Hirer’s party for the voyage undertaken.
Clause 8 – Crew, Skipper, Alcohol & Behaviour: The Hirer shall ensure that all members of the crew comply with Poole 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 Skipper. We allow alcohol on our boats, but in order to ensure a safe experience we limit the amount of alcohol taken onto the boat. Our limits are: Either; two bottles/cans per person (of standard strength beer, larger, or pre-mixed spirits) Or, one 750ml bottle of wine/champagne/Prosecco between every 2 people Or, one bottle of Pimms with suitable mixers per boat No straight spirits allowed. We reserve the right to refuse Hire of the boats if any member of your crew is deemed to be showing signs of excess alcohol consumption before your Hire Period commences. Refunds will not be offered if we refuse your crew access to the boats due to excess alcohol consumption. Anti-social behaviour will not be tolerated. Any reports of anti-social behaviour will be taken seriously, and your Hire Period will be terminated immediately if ‘PBH’ management deems your behaviour to be of an anti-social nature. Please refrain from smoking on board the Vessel.
Clause 9 – Use of Vessel: The Hirer shall use the Vessel as a pleasure or 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 Poole Harbour during the course of this Agreement. The Vessel shall not, under any circumstances exceed speeds in the restricted speed areas (see Clause 5f) or within Cobbs Quay Marina (see Clause 5c). The Hirer is forbidden from allowing any person who has not signed 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 (which can be obtained from a PBH representative).
Clause 10 – Cruising area: The Hirer shall restrict the cruising of the Vessel to within Poole Harbour with the “limit of navigation” being marked by the path of the Sandbanks Chain Ferry (to the East) and Wareham Bridge (to the West). At no time may the Hirer pass through the harbour entrance beyond the Sandbanks Chain Ferry or beyond Wareham Bridge. The boats are coded only for use within Poole 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 by the Hirer for a period of not less one-quarter (1/4) of the Hire Period (and the disablement has not been brought about by any act or default of the Hirer), the Company shall make a pro-rata return of the Hire Fee from the date and time when the Vessel was disabled or became unfit for use. The Hirer shall remain liable for normal expenses during this period. If it were mutually so agreed the Company shall allow a pro-rata extension of the Hire Period. If the Hirer considers the circumstances justify the invoking of this clause, he shall give immediate notice to the Company that he wishes to do so. If however, the Vessel is lost or is so extensively disabled that the Vessel cannot be repaired within a period of four hours or one-half of the Hire Period, whichever is the shorter, the Hirer may terminate this Agreement by notice in writing to the Company. The Hire Fee shall be repaid by the Company pro-rata without interest for that part of the Hire Period that commenced at the time of loss or disablement. For the avoidance of doubt the grounding of the Vessel by the Hirer is considered “an act or default of the Hirer”.
Clause 13 – Re-delivery: The Hirer shall re-deliver the Vessel to the Company at Cobbs Quay Marina free of any debts incurred for the Hirers account during the Hire Period 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 a sum equal to twice the pro-rata daily/hourly Hire Fee for every hour or part thereof 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. Any such consent, if given, will be on such terms as the Company sees fit.
Clause 16 – Insurance: The Company shall insure the Vessel against all customary risks for a Vessel of her size and type. The underwater running gear e.g. propellers / gear casings shall not be insured by the Company and the Hirer shall be liable for any damage sustained. The Hirer shall be responsible for carrying insurance for all personal effects whilst on board or ashore and for medical or accident expenses incurred. 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 – Hirer’s Liability: Under normal circumstances the Hirer shall only be liable for such costs or losses as may be incurred repairing damage caused to the Vessel by the Hirer or his/her guests (intentionally or otherwise) or any third party as detailed in the Hire Agreement.
Clause 18 – Arbitration: Any dispute in connection with the interpretation and fulfillment 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. v.5 11/18