Definitions: ‘Company’ ~ trading as ‘Hamble River Boat Charter.; ‘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/boat identified in the Hire Agreement.
NB: Please read this contract with care. You are entering into 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 paying online. Where payment cannot be paid by online then in addition to the Hire Fee a deposit of £500 in cash must be deposited. Proof of identity in the form of a Passport, Driving Licence or some other photo ID is required.
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 Premier Swanwick Marina 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 River Hamble – the limit of navigation being marked by the Warsash Maritime College jetty on the East side of the river and the Hamble Point Marina slipway on the West side of the River downstream. Upstream, no Hirer may venture past Fairthorne Country Park Boathouse or take the right hand branch towards the Horse and Jockey Pub without the written consent of the Company. At no time may the Hirer pass through the river entrance beyond the Warsash Maritime College jetty.
Clause 5 ~ Maximum Number of Persons, responsibility for children, health of the Hirer’s party:
a) The Hirer shall nor at any time during the Hire Period permit more than the maximum number of persons on board – 8 persons with a combined weight not exceeding 450Kg.
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 the Vessel 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 6 ~ Crew: The Hirer shall ensure that all members of the crew comply with Harbour Bye-laws, 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 Company would ask that you comply with the current Road Traffic Act 1988 and drink responsibly in this regard. The Hirer shall ensure that all aboard shall comply with the laws and regulations of The River Hamble during the course of this agreement. Please refrain from smoking on board the Vessel.
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 charter. The Hirer agrees that the Company can charge them 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 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 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 daily/hourly 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 then the Hirer is liable to a cleaning charge of £50.00.
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 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 the Hirer fails to arrive in time for the commencement of the hire the Company will not refund the Hire Fee.
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 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 ~ 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 Vessel 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 unless moored on a pontoon with walk ashore. The Hirer shall comply and shall ensure that his/her guests comply with the laws and regulations of The River Hamble during the course of this agreement. 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. It is the Company’s recommendation that lifejackets are worn but is the Hirers’ responsibility for safety on board. Guidance on the correct use of this equipment is the Hirer’s responsibility.
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 underwater 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 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 his/her guests (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 or corporate, single or plural, 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.