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 a paddlers ability in the case of Kayaks and Stand-Up Paddle Boards. Children under the age of 16 must be accompanied by a parent or a responsible adult.
Definitions: ‘Company’ ~ Dittisham Boat Hire Limited, Wonton Cottage, Diptford TQ9 7LS (Registered in England No. 09610426). ‘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 Credit or Debit Card at the point of booking online or by Credit Card, Debit Card or cash in the case of “turn up and go” Hires. Where the Vessel is a Sailing Boat or Self-Drive Motor Boat a £100.00 “Damages Deposit” is required prior to the handover of the Vessel. The Damages Deposit” will be returned once the Vessel has been returned in satisfactory condition subject to Clauses (13), (15) and (16) and having not traversed a mud bank. Proof of identity in the form of a Passport, Driving Licence or some other photo ID is required when collecting the Vessel.
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 13. The Company does not warrant the Vessel’s 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: A] Where the Vessel is a Kayak or Stand-Up Paddle Board, 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 Gabriel. Only with prior agreement will any cruising area beyond Stoke Gabriel be permissible. B] Where the Vessel is a Sailing Boat or Self-Drive Motor Boat the Hirer shall restrict the cruising of the Vessel to within the area of the River Dart from up-river at Brutus Bridge, Totnes (being the first bridge to cross the river) to-down river not beyond Dartmouth Castle at the mouth of the river. Each Vessel is fitted with a tracking device, if the Company is notified that the Hirer has passed the limit of navigation then the Hirer agrees to pay a fine of £500 on each occasion the Vessel passes the limit of navigation. The Vessel must not be beached and only official landings are to be used. If during the course of your Hire it is evidenced (via monitoring of GPS tracker) that you have gone beyond the cruising area or have beached the boat, the Company reserves the right to automatically terminate the Hire with no refunds payable.
Clause 5 ~ Maximum Number of Persons, responsibility for children, health of the Hirer’s 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 motor boating, kayaking, paddle boarding and/or sailing may render it unsuitable for a person with a physical disability or condition, or someone undergoing medical treatment. By signing 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 the Vessel 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 complies 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. The Hirer shall ensure that none of the party smoke whilst on board.
Clause 7 ~ Water Sports: The Company specifically forbids the use of water sports equipment. The Vessel cannot be used for diving.
Clause 8 ~ Operating Costs: The Hirer shall be responsible for the operating costs, including any fines, fees or charges incurred during the period of Hire. The Hirer agrees that the Company can charge his/her Credit /Debit Card for the Hire Fee and any other charges/penalties incurred by the Hirer.
Clause 9 ~ Delay in delivery: The Company will use its best endeavours to deliver the Vessel to the Hirer 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 10 ~ 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/she shall be liable to pay 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 Hirer’s obligations under this agreement shall continue until eventual re-delivery. If the Vessel is returned in a condition that the Company considers unreasonably dirty (including dog hair) then the Hirer is liable to a cleaning charge of £50.
Clause 11 ~ 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 fails to arrive in time for the commencement of the Hire, 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 amount 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 it’s agreement to re-let. However, the Company shall not be obliged to accept any Hire if it considers that this be detrimental to the Vessel, the Company or its reputation.
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 be 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/she shall give immediate notice to the Company that he/she 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 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 ~ Use of Vessel: The Hirer shall use the Vessel for pleasure or means of water transport for the use of himself/herself and his/her crew. The Vessel will not be raced, speed tested, beached or used as a ferry and 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 their behaviour and that of the crew 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 the crew complies 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 onboard – in particular lifejackets. Guidance on the correct use of this equipment (which can be gained from a Dittisham Boat Hire Limited representative) is the Hirer’s responsibility. Where the Vessel is a Sailing Boat or Self-Drive Motor Boat, the Vessel, shall not, under any circumstances exceed speeds of 6 knots. Failure to comply will result in a fine of up to £500 payable to the Company.
Clause 14 ~ 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 15 ~ 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. Where the Vessel is a Sailing Boat or Self-Drive Motor Boat, the underwater gear e.g. propellers / gear casings / keels / centre boards shall not be insured by the Company and the Hirer shall be liable for any damage sustained.
Clause 16 ~ 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 crew (intentionally or otherwise) to the Vessel or any third party as detailed in the Hire Agreement.
Clause 17 ~ Definitions ~ Hirer: Throughout the agreement the term ‘Hirer’ and corresponding pronouns shall be construed to apply whether the Hirer is male, female, single, plural or corporate, as the case may be.
Clause 18 ~ 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.