Terms & Conditions of Hire
Dittisham Boat Hire Ltd – Kayaks and Stand Up Paddle Boards -Terms & Conditions of Hire.
Operational safety is our priority and we reserve the right not to hire if we feel that either the tides on the River Dart or weather conditions are not suitable to hire. This is irrespective of the paddlers ability. Children under the age of 16 must be accompanied by a parent or a responsible adult.
Definitions: ‘Company’ ~ Dittisham Boats Ltd. ‘Hirer’ ~ 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 identified in the Hire Agreement.
NB: Please read this contract with care. You are entering a legally binding contract.
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. The Hirer agrees to hire the vessel and shall pay the Hire Fee and any other agreed charges by cheque, cash, credit or debit card.
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 in full commission and working order, in good condition throughout and ready for service with full equipment, enabling the Hirer to use the boat as set out in Clause 13. The Company does not warrant her comfort in bad weather conditions for all cruises or passages within the Cruising Area.
Clause 3 ~ Re-delivery: The Hirer shall re-deliver the vessel to the Company at Dittisham Pontoon free of any debts incurred for the Hirers account during the Hire Period and in as good a condition as delivery was taken, except for fair wear and tear arising from ordinary use.
Clause 4 ~ Cruising area: The Hirer shall restrict the cruising of the vessel to within the area of the River Dart from the Anchorstone Rock up river to Stoke Gariel. Only with prior agreement will any cruising area beyond Stoke Gabriel be permissable.
Clause 5 ~ Maximum Number of Persons, responsibility for children, health of the hirers party: a) The Hirer shall not at any time during the Hire Period permit more than the maximum number of persons on board b) 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. c) The nature of kayaking and paddle boarding 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 and accepts full responsibility for their safety.
Clause 6 ~ Crew: The Hirer shall ensure that no member of the crew shall carry or use any alcohol or illegal drugs on board the vessel. The Hirer confirms that as the hirer of this craft he/she is assuming the position of Skipper/Captain and therefore in law is responsible for the craft and all the passengers onboard. The Hirer shall ensure that he/she shall comply with the laws and regulations of the River Dart Harbour & Navigation Authority (these can be viewed at www.dartharbour.org.uk) during the course of this agreement.
Clause 7 ~ Operating Costs: The Hirer shall be responsible for the operating costs, including any fines, fees or charges incurred during the period of charter. The Hirer agrees that the Company can charge his/her Credit Card for the Hire Fee and any other charges/penalties incurred by the Hirer.
Clause 8 ~ Delay in delivery: The Company will use its best endeavors to deliver the vessel to the Hirers at Dittisham Pontoon 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 whatsoever nature resulting from the curtailment or cancellation of this Hire Agreement.
Clause 9 ~ Delays in re-delivery: Condition as upon delivery (reasonable wear and tear excepted) and with her inventory complete. If the Hirer shall fail to re-deliver the vessel at the time and place agreed he shall be liable a sum equal to twice the pro-rata half day hire fee for every hour or part thereof by which re-delivery is delayed. The Hirers obligations under this agreement shall continue until eventual re-delivery. If the vessel is returned in a condition that the Company considers unreasonably dirty then the Hirer is liable to a cleaning charge of £50.
Clause 10 ~ Cancellation & Failure to arrive for the hire: If the Hirer cancels this agreement on or at any time before commencement of the Hire Period, or if the Hirer shall fail, after notice, to pay any amount payable under this agreement, the Company shall be entitled to treat this agreement as having been repudiated by the Hirer and to retain the full amounts of payments made to the Company, before repudiation. If however, the Company is able to re-let the vessel to another Hirer for all or part of the Hire Period, upon similar or discounted terms then the Company shall refund to the Hirer such net balance as shall remain from the re-letting fee after deduction of all expenses and commissions incurred on the original hire and re-letting. The Company shall use its best endeavours to re-let the vessel and shall not unreasonably withhold his agreement to re-let. However, it shall not be obliged to accept any Hire if it considers that this be detrimental to the vessel, the Company or its reputation. If the Hirer fails to arrive in time for the commencement of the hire the Company may charge the Hirer’s Credit Card with the full amount of the Hire Fee.
Clause 11 ~ Use of Vessel: The Hirer shall use the vessel for pleasure or means of water transport for the use of himself and his guests. The vessels will not be raced, speed tested, or used as a ferry & must only be used during daylight hours. The Hirer shall ensure that no pets or other animals are brought on board the vessel without consent from the Company. The Hirer shall ensure that the behaviour of themself and their 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 guests comply with the laws and regulations of the Dart Harbour & Navigation Authority during the course of this agreement. The Hirer is forbidden from allowing any person who has not signed the Hire Agreement to use 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 gained from a Dittisham Boats representative) is the Hirer’s responsibility.
Clause 12 ~ 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 thinks fit.
Clause 13 ~ Insurance: The Company shall insure the vessel against all customary risks for a vessel of her size and type. The vessel and it’s occupants are not insured for water sports. 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 14 ~ Hirer’s Liability: Under normal circumstances the Hirer shall only be liable for such costs or losses as may be incurred repairing damage caused by the Hirer or his guests (intentionally or otherwise) to the vessel or any third party as detailed in the Hire Agreement.
Clause 15 ~ Definitions ~ Hirer: Throughout the agreement the term ‘Hirer’ and corresponding pronouns shall be construed to apply whether the Hirer is male, female or corporate, single or plural, as the case may be.
Clause 16 ~ 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.