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FOR
THE ATTENTION OF THOSE WISHING TO HIRE SELF DRIVE HIRE BOATS:
TERMS AND CONDITIONS OF HIRE (Updated 12/12/2006)
Self drive boats are offered
for hire by Helford Properties limited whose registered office is
at Helford Passage, Falmouth, TR11 5LB, trading as HELFORD RIVER
BOATS (The Company)
All boats offered for hire
by The Company are licensed by Kerrier District Council (The Council).
Boats are regularly inspected by The Council for seaworthiness and
professionals regularly service engines.
Boats are only hired to members of the public over 17 years old. Persons under the age of 17 are not permitted to drive self drive motor boats.
Boats are hired to members
of the public (The Hirer) which expression includes all members
of the party hiring the boat in question and The Company reserves
the right not to hire a boat to any person whom it considers is
unsuitable to operate the type of boat in question, upon the following
terms:-
(a) No liability to The Hirer is
accepted by The Company for loss or damage to the Hirer's belongings
(b) No liability to The Hirer is accepted by The Company for injury
to or death of The Hirer during the course of the hire or during
embarkation or disembarkation and Hirers use the pontoons, quays,
foreshores and beaches of the river entirely at their own risk
(c) The Company will:-
(1) Instruct The Hirer how to operate the safety and other equipment
on board the boat and in the case of motor boats instruct The
Hirer how to operate the motor but The Hirer uses the same at
their own risk
(2) Draw to the attention of The Hirer the map of the river
and the area of permitted use
(3) Ensure that the boat and its equipment are in a functional
state during the hire and that there is sufficient fuel for
the hire but to a maximum of one day only
(4) Make available life jackets or buoyancy aids for all members
of the party but shall not be held liable to a Hirer who does
not wear or require the same
(5) Take advance bookings only on the condition that no refunds
will be made unless the contract is cancelled by The Company
in the event of high winds, bad sea conditions or if the boat
is unavailable due to breakdown. Rain alone is an insufficient
reason for The Company to make a refund.
(d) The Hirer will:-
(1) use the boat in the manner which is consistent with the
rules of navigation and shall at all times take into consideration
other users of the river whether in boats or not
(2) keep to the area shown on the map in each boat and not use
the boat outside of this area and take particular care when
using the boat in areas hatched on the map which can dry out
at low tide. The Company accepts no liability whatsoever for
any damage, loss, injury to or death of Hirers arising outside
the permitted area
(3) not use the boat after dusk (No hire boats are licensed
or insured for use after dusk)
(4) be responsible for extra hire fees if the boat is late in
being returned for any reason except if such lateness is caused
by failure of the motor or of equipment in the boat in which
case The Hirer shall be entitled to a refund of their hire fees
in the proportion affected by such failure but no further compensation
unless The Company has failed to take reasonable care
(5) take care to ensure that all members of the party conduct
themselves in a manner which is consistent with the rule of
navigation, safety on board the vessel, and all matters which
are reasonable to expect from The Hirer of a private self drive
boat, and not permit persons under the age of 17 to drive the motor boat
(6) be liable to The Company for all damage to the boat, its
contents and equipment caused by The Hirer 's unreasonable behaviour
(7) in the case of sailing boats, helmsman under 17 are permitted. However, the helmsman is expected to be able to rig the boat, during the hire period by themselves (The Company using this as a test as to the suitability and competence of the helmsman) and at the end of the hire period to de-rig the boat and tidy away all its equipment. The Hirer must be completely responsible for any helmsman under the age of 17 for the full period of hire
(8) return the boat after hire in the same state and condition
as it was when hired and if The Company is obliged to clean,
tidy or in the case of sailing boats, de-rig the boat as a result
of failure of The Hirer to comply with the Term and Conditions
then The Hirer shall pay The Company a reasonable fee for such
extra work.
In the case of all hire boats, but especially sailing and rowing
boats and canoes, The Company will rely upon representation by The
Hirer as to their experience, competence and capability in such
boats and while the ferries and at other times boats provided by
The Company will act as rescue boats in the case of emergencies
The Company shall not be liable for any loss or damage to any boats,
its equipment or to The Hirer's belongings whatsoever or to any
injury to or death of The Hirer or third parties arising out of
lack of experience or care or caused when The Hirer takes the vessel
out of view or away from the immediate vicinity of the rescue boats.
Hirers are instructed that boating can be dangerous and that while
The Company has taken all reasonable care in the preparation of
the vessel and in the provision of safety equipment, The Hirer is
responsible for both their own safety, the safety of third parties
around them and of the safe return of the vessel. Hirers will be liable to repay The Company for any insurance Excess incurred through any insurance claim made on behalf of the Hirer.
FOR
THE ATTENTION OF THOSE USING OUR MARINE SERVICES
TERMS OF BUSINESS
A full summary of our Terms
of Business are displayed in our offices.
INSURANCE: All boats/trailers and equipment are left in store,
on the beach, on moorings or on other parts of our property or are
given to us tow or move entirely at the owners risk and no responsibility
for any damage or loss will be accepted by Helford Properties Limited,
their staff or Agencies. Customers are expected to have their own
insurance policy to cover any eventuality.
CHARGES are VAT inclusive, at the current rate, and are subject
to review without notice.
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