Helford River Boats Limited inc HELFORD RIVER MOORINGS
GENERAL TERMS AND CONDITIONS
Berth shall mean the space on water or land at the Premises from time to time allocated to the Customer by the Company for the Vessel during the term of this Contract.
Company shall mean Helford River Boats Limited, or any of its agents.
Contract shall mean any contract between the Company and the Customer for the provision and sale of Services which incorporates these General Terms and Conditions, the applicable Specific Terms and Conditions for the Services in question and any special terms agreed in writing by the Company but not further or otherwise. In the event of any inconsistency or conflict between the General Terms and Conditions, the Specific Terms and Conditions and/or any special terms the General Terms and Conditions will take precedence.
Customer shall mean the person or company who has contracted to use the Services of the Company and/or other owner or agent for the time being in charge of any Vessel.
Mooring shall mean the fixing point under water or on land at the Premises from time to time allocated to the Customer by the Company for the Vessel during the term of this Contract.
Pontoon means a moored and decked floating structure providing landing or mooring facilities.
Premises means all the land, beach, adjacent water and buildings occupied by or under the control of the Company, including slipways, pontoons, quays, jetties, moorings, berths, kiosks, sheds, storage rooms, barns, workshops, outboard engine and fuel lockers and areas of hardstanding.
Regulations mean those regulations (if any) made by the Company as the same may be amended from time in accordance with clause 9, which the Company in its absolute discretion, considers necessary to enable the Company or those using the Premises to comply with applicable legal requirements or for the safety or security or good management of the Premises.
Services means the Services provided by the Company in accordance with the Specific Terms and Conditions set out below as applicable to the Contract.
Slipway means the area of concrete adjacent to the kiosk which forms the main access to the beach.
Storage Ashore Accommodation means the land space temporarily allocated to the Customer from time to time by the Company for the storage ashore of any Vessel during the term of any storage.
Vessel shall include any form of craft, boat, yacht, dinghy, multihull, or other marine structure which is in the care and control of the Customer or is hired or used by the Customer.
APPLICABILITY OF TERMS AND CONDITIONS AND PAYMENT
2.1 These General Terms and Conditions shall apply to all contracts for the supply of Services by the Company to the Customer and shall prevail over any other documentation or communication from the Customer. No terms or conditions endorsed upon, delivered with or contained in any communication from the Customer will form part of the Contract unless accepted in writing by the Company.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Company and Customer.
2.3 The Contract constitutes the entire agreement between the parties. The Customer expressly acknowledges and agrees that in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) from the Company or the Company’s representatives relating to the subject matter of the Contract, other than as expressly set out in the Contract.
2.4 If any provision of the Contract is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated.
2.5 An entity which is not expressly a party to the Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract and the provisions of the Contracts (Rights of Third Parties) Act 1999 shall be expressly excluded from the Contract.
2.6 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
2.7 The Customer shall be deemed to have accepted and agreed to these General Terms and Conditions (together with the Specific Terms and Conditions applicable to the Contract as set out below) by verbal or written acceptance of any quote provided by the Company and/or by making payment under this Contract.
2.8 Payment for Services will be made by the Customer in full and in advance in accordance with the advertised rates and charges.
2.9 If the Customer fails to make any payment within 30 days of it becoming due, the Company shall be entitled to charge interest at the rate of 1.5% (one and a half per cent) per month above the base rate for the time being in force of HSBC Bank Plc in London on the outstanding amounts and the company shall be entitled to forthwith terminate the Contract in accordance with clause 6.
LIABILITY, INDEMNITY AND INSURANCE
3.1 Nothing in these Terms and Conditions excludes or limits the liability of the Company for death or personal injury or for fraud or fraudulent misrepresentation nor where liability cannot be excluded or limited as a matter of law save where any Maritime Convention may apply to reduce or limit such liability in which circumstances the lower amount shall apply.
3.2 Save as referred to in clause 3.1 above, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Customer in respect of any breach of these conditions; any failure to comply with statutory or regulatory obligations; any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
3.3 All warranties, conditions and other terms implied by statute or common law or through trade custom or course of dealing are, to the fullest extent permitted by law, excluded from the Contract.
3.4 Subject to clause 3.1, the Company’s total liability arising in relation to or connection with the Contract shall be limited to the price payable for the Services provided under the Contract.
3.5 For the avoidance of doubt there shall be included in the amount set out in clause 3.4 all legal and other professional fees, costs and expenses incurred by the Customer in establishing and presenting any claims against the Company.
3.6 Whether or not the Company has been advised about the possibility of such loss, the Company shall not be liable in contract, tort (including negligence), breach of statutory duty or howsoever otherwise for any claim, damage, loss or costs in respect of the following (whether direct or indirect): loss of profit; loss of use; loss of anticipated contracts and/or savings; loss of goodwill; loss of opportunity; loss of business or business interruption; or any indirect, consequential or special loss or damage, and the parties intend that each type of loss set out in this clause shall be severable in accordance with clause 2.4 above.3.7 The Company shall not be liable for any loss or damage caused by events or circumstances beyond its reasonable control (such as severe weather conditions, the actions of third parties not employed by it or any defect in a Customer’s or third party’s property); this extends to loss or damage to Vessels (whether moored, in transit or stored), outboard engines, gear, equipment or other property left with it for work or storage , and harm to persons entering the Premises and/or using any facilities or equipment.
3.8 The Company shall take reasonable and proportionate steps having regard to the nature and scale of its business to maintain security at the Premises (given that the public have free access to certain areas), and to maintain the facilities and equipment at the Premises in reasonably good working order. But in the absence of any causative negligence or other breach of duty on the part of the Company, any Vessels, gear, outboard engines, equipment and other property are left with the Company at the Customer’s own risk and Owners should ensure that their own personal and property insurance adequately covers such risks.
3.9 The Company shall not be under any duty to salvage or preserve a Customer’s Vessel or other property from the consequences of any defect in the Vessel or property concerned unless it shall have been expressly engaged to do so by the Customer on commercial terms. Similarly, the Company shall not be under any duty to salvage or preserve a Customer’s Vessel or other property from the consequences of an accident which has not been caused by the Company’s negligence or some other breach of duty on its part. However, the Company reserves the right to do so in any appropriate circumstances, particularly where a risk is posed to the safety of people, property or the environment. Where it does so it shall be entitled to charge the Customer concerned on a normal commercial charging basis and, where appropriate, to claim a salvage reward.
3.10 Customers may themselves be liable for any loss or damage caused by them, their crew or their Vessels and they shall be obliged to maintain adequate insurance with a reputable insurance company for any Vessel including third party liability cover for not less than £2,000,000, to include cover against wreck removal and salvage. The Customer shall be obliged to produce evidence to the Company of such insurance within 7 days of a request to do so.
3.1.4 The Customer shall, and shall procure that his crew and/or members of his family comply with all applicable laws and Regulations when using the Company’s Premises.
ADDRESS DETAILS, SUBSEQUENT CHANGE OF DETAILS AND ASSIGNMENT
4.1 When requested to do so, the Customer must supply to the Company in writing, details of the Customers home address. The Customer shall be obliged to produce evidence to the Company of such home address within 7 days of a request to do so.
4.2 The Customer must notify the Company in writing of the details of any change of name of the Vessel or change of address or telephone number of the Customer.
4.3 The Contract shall be personal to the Customer and is assignable only with the consent of the Company.
MOORING AND BERTH ALLOCATION
5.1 The physical layout of the Premises and the varying needs and obligations of the Company and its customers requires that the Company retains absolute control of Mooring and Berth allocation within and on the Premises. Accordingly, the Customer shall not be entitled to the exclusive use of any particular Mooring or Berth but shall use such Mooring or Berth as is from time to time allocated to him by the Company.
6.1 The Company shall have the right (without prejudice to any other rights in respect of breaches of this Contract) to terminate this Contract in the following manner in the event of any breach by the Customer;
6.2 Having regard to the nature and seriousness of the breach and the risk it poses for the financial or other security of the Company and/or of the Company’s customers and if the breach is capable of remedy, the Company may serve notice on the Customer specifying the breach and requiring him to remedy the breach within a reasonable time specified by the Company. Where the breach is serious or poses an immediate risk or threat to the health, safety or welfare of any other person or property the time specified for remedy may be immediate or extremely short and given verbally. If the Customer fails to remedy the breach, or if the breach is not capable of remedy, the Company may serve notice on the Owner requiring him to remove the Vessel and/or any outboard engines, equipment or property from the Premises immediately.
6.3 If the Customer fails to remove a Vessel, outboard engines, equipment or property on termination of this Contract (whether under this Condition or otherwise), the Company shall be entitled:
6.3.1 to charge the Customer at the Company’s daily rate for each day between termination of this Contract and the actual date of removal of the Vessel and/or property from the Premises; and/or
6.3.2 At the Customer’s risk (save in respect of loss or damage directly caused by the Company’s negligence or other breach of duty during such removal) to remove the Vessel and/or property from the Premises and thereupon secure it elsewhere and charge the Customer with all costs reasonably arising out of such removal including alternative mooring or berthing fees.
6.4 Any notice of termination under this Contract shall, in the case of the Customer, be served personally on the Customer or sent by registered post or recorded delivery service to the Customer‘s last known address and in the case of a company shall be served at its principal place of business or registered office.
RIGHTS OF SALE AND OF DETENTION
7.1 Where the Company accepts a Vessel, out board engines, gear, equipment or other goods for repair, refit, maintenance or storage the Company does so subject to the provisions of the Torts (Interference with Goods) Act 1977. This Act confers a Right of Sale on the Company in circumstances where a customer fails to collect or accept re-delivery of the goods (which includes a Vessel and/or any other property). Such sale will not take place until the Company has given notice to the customer in accordance with the Act. For the purpose of the Act it is recorded that:
7.2 Vessels, outboard engines, gear, equipment or other goods for maintenance or repair or other treatment are accepted by the Company on the basis that the Customer is the owner of the goods or the owner’s authorised agent and that he will take delivery or arrange collection when the maintenance, repair or treatment has been carried out.
7.3 The Company’s obligation as custodian of goods accepted for storage ends on its notice to the Customer of termination of that obligation or at the end of the contracted term.
7.4 The place for delivery and collection of Vessels, outboard engines, gear, equipment and/or goods shall be at the Company’s Premises unless agreed otherwise.
7.5 Maritime Law entitles the Company in certain other circumstances to bring action against a Vessel to recover debt or damages. Such action may involve the arrest of the Vessel through the Courts and its eventual sale by the Court. Sale of a Vessel may also occur through the ordinary enforcement of a judgment debt against the Customer of a Vessel or other property.
7.6 The Company reserves a general right (“a general lien”) to detain and hold onto the Customer’s Vessel or other property pending payment by the Customer of any sums due to the Company. If the Contract is terminated or expires while the Company is exercising this right of detention it shall be entitled to charge the Customer at the Company’s daily rate for each day between termination or expiry of this Contract and the actual date of payment (or provision of security) by the Customer and removal of the Vessel from the Premises.
TERMINATION BY CUSTOMER
8.1 In the case of a Mooring and/or Berth, this Contract may be terminated on four weeks’ written notice by the Customer to the Company. In this event the Company will be entitled to recalculate the charge for the Mooring and/or Berth using the rate or rates that would have been applicable to the actual period of the Contract instead of the seasonal rate; the amount so calculated not to exceed the seasonal charge originally contracted.
9.1 The Customer shall at all times observe the Company’s Regulations. The Regulations current at the time of the Contract are available on the Company’s web site. The Company reserves the right to introduce new Regulations on grounds of legal requirement or for the safety or security or good management of the Premises, and to amend such regulations as from time to time shall be necessary. Such Regulations and any amendments to them shall become effective on being displayed on the Company’s web site and the Company shall have the same rights against the Customer for a breach of the Regulations as for a breach of the terms of this Contract.
HEALTH, SAFETY AND THE ENVIRONMENT
10.1 Attention is drawn to the Company’s relevant Health, Safety and Environmental policy, as amended from time to time and as published on the Company’s web site. The Customer, his crew, members of his family and/or any person or company carrying out work on the Vessel, must comply with the Company’s Health, Safety and Environmental Policy and be mindful that the Premises are situated in an Area of Outstanding Natural Beauty and are adjacent to areas of Marine Conservation.
10.2 The Customer, his crew, members of his family and any person carrying out work on any Vessel is responsible for reporting to the Company all accidents involving injury to any person or damage to any public or private property that occur on the Premises as soon as possible after they occur.
10.3 No noisy, noxious or objectionable engines, radio, or other apparatus or machinery shall be operated on the Premises so as to cause any nuisance, or annoyance in or about the Premises or to any other users of the Premises or to any person residing in the vicinity and the Customer undertakes for himself, his family and/or guests and all using the Vessel that they shall not behave in such a way as to cause any nuisance, or annoyance to any other users of the River or Premises or to any person residing in the immediate vicinity.
10.4 No refuse, sewage, fuel, chemicals or other contaminants shall be thrown overboard or left on a pontoon, or on any other part of the Premises, or disposed of in any way other than in suitable receptacles which may be provided by the Company or by removal from the Company’s Premises.
10.5 The Customer shall, and shall procure that his crew, members of his family and/or guests comply with all applicable laws and Regulations when using the Company’s Premises.
LAW AND JURISDICTION
11.1 This Contract and any non-contractual obligations arising out of, or in connection with, this Contract shall be governed by and construed in accordance with English law.
11.2 Each of the parties irrevocably agrees that any and every dispute (and any non-contractual obligations, as aforesaid) arising out of or in connection with this Contract shall:
11.2.1 if one party acts as consumer (meaning a natural person acting for purposes outside of a trade, business or profession), be subject to the non-exclusive jurisdiction of the English courts; or
11.2.2 where no party acts as consumer, be subject to the exclusive jurisdiction of the English courts.
SPECIFIC TERMS AND CONDITIONS
The Customer will ensure that when the Vessel is attached to a Mooring buoy, it is at all times securely fixed with a strop no longer than 1 metre in length unless agreed by the Company and has as a minimum one other safety line attached.
The Customer will not move the Mooring in its geographical relationship with others. Nor will the Customer change or interfere with any of the equipment attached to it nor lengthen in any way, the length of the connection between the mooring riser chain and the bow fairlead so that the Vessel, when swinging, will interfere with other moored vessels.
The Customer will accept that the distance between Moorings is so calculated as to provide clear swinging room for the vessels authorised to occupy them under normal circumstances. There may, however, be circumstances of wind and tide in which adjacent vessels may make contact with one another or adjacent mooring buoys and associated equipment. In entering into this Contract the Customer accepts this possibility and agrees to indemnify the Company against all claims for damage so caused to or by their Vessel.
Unless otherwise agreed adequate warps and fenders for the Vessel shall be provided by the Customer.
The Company reserves the right to move the Mooring and/or Vessel if it is laid in the wrong position or if the Vessel is fouling or interfering with another.
The Company reserves the right to move the Customer’s Vessel to another Mooring or Berth or reallocate the Customer another Mooring for reasons of safety or good management of the moorings.
The Customer shall not use the Vessel for the purpose of any trade or business without first obtaining written consent from the Company.
The Customer shall not permit any other vessel to be attached to the Mooring without the consent of the Company.
The Customer may use the beach punt whenever available to reach the Company’s moorings only. The Customer must put the punt back where it came from as soon as possible so that other customers may use it. The Customer is reminded that if it came from the beach then this is where it is returned to unless agreed with the Company beforehand.
The Company will operate the complimentary water taxi when circumstances allow; ferry passengers take precedence over complimentary water taxi users.
The Customer will display, in full view a beach permit sticker as issued by the company once the boat arrives on the beach.
The Customer will occupy a Berth on the beach from 1st April to 31st October, no sooner or later.
The Customer is responsible for their Vessel. It should be securely attached to the Mooring chain or other fixed point. The Customer must gain agreement from the Company if they would like the Company to move the Vessel whenever weather conditions are forecast that may mean damage could be incurred. In these circumstances, the Company reserves the right to charge at their published labour rate of £60 per hour + VAT for each and every occasion. (It is estimated that removal and replacement of a single vessel from / back to the beach will take 30 minutes)
The Company reserves the right to remove from the beach at no cost any Vessel due to lack of use and store in another place.
The Company recommends outboard engines are removed from Vessels if left unattended for any length of time on the beach or are secured by ant-theft outboard engine locking devices. The Company does not accept any responsibility for loss or damage to outboard engines or any other ancillary equipment.
The Company reserves the right to move the Customer’s Vessel to another part of the beach for reasons of safety or good management of the beach as it deems appropriate but the Customer is responsible for protecting their Vessel against loss or damage whether arising from collision with adjacent vessels and/or displacement or movement of the Vessel or adjacent vessels caused by wind and/or tides.
The Customer is reminded that this Contract entitles the Customer’s Vessel to a beach Berth and Mooring; it does not allocate a specific reserved Berth on the beach. In the height of the season double parking may be required.
SLIPWAY USE, LAUNCHING, RECOVERY AND TOWING SERVICES
Save as may be permitted by the Company, any use of the Slipway or launching or recovery or towing of vessels is subject to a charge as advertised on the Company’s web site and elsewhere. Any use of the Slipway will deem to be an acceptance of these General and Specific Terms and Conditions and create an obligation to pay the advertised charges.
The Company reserves the right to decide when and under what conditions it is safe and appropriate to launch or recover Vessels whether requested by the Customer or otherwise.
Subject to any express written agreement to the contrary, any launch or recovery date is given in good faith and is not guaranteed.
The Company reserves the right to tow a Vessel (whether by land or sea) either before or after a Vessel is launched or recovered but does not take responsibility for any damage caused to a Vessel or trailer nor for any equipment or engines stored or fixed to a Vessel.
Where Vessels are towed ashore, whether to or from Storage Ashore Accommodation or to or from any other place, the Customer is required to insure the Vessel and trailer (and any other equipment or outboard engines stored or attached to the Vessel) for the full replacement cost and to ensure adequate third party insurance is also in place.
BOAT AND OUTBOARD ENGINE STORAGE AND WINTER LAY UP SERVICES
The Company reserves the right to store Vessels (together with any equipment, trailers and engines) ashore at a place of the Company’s choosing and to move Vessels (and any equipment, trailers and outboard engines) from place to place as is necessary.
The charges as advertised on the web site for any storage (covered or not covered) will apply.
All Vessels must be secured in accordance with the conditions of the Customers insurance policy.
It is the responsibility of the Customer to ensure that all flares / pyrotechnics kept on board the Vessel when in storage are in date and stored as per the manufacturers instructions, and that all out of date flares are removed from the Vessel. Fuel must not be stored on any Vessel while in storage.
The Company will not be responsible for and excludes all liability and damage caused by weather, vermin or other pest Infestation.
If the Customer requests any work or maintenance to be undertaken to their Vessel, equipment, gear or outboard engines, the stated charge or standard labour rate advertised on the web site (together with the cost of procuring and purchasing any related goods and materials) will apply unless any other amount is first agreed in writing.
The Company will give the Customer suitable instruction, demonstrations, and information on safety, how to operate the Vessel and rules applicable to the Helford River. Please note, the terms of this Contract do not allow the Customer to travel eastwards from Helford Passage Beach towards the mouth of the Helford River in accordance with licencing by Cornwall Council, Truro Harbour Master & The Harbour Commissioners Office.
The Customer is responsible for and in charge of the Vessel and all those on board and agrees to comply at all times during the hire with the Rules of Navigation as explained to you by our staff and contained within the information provided on board the boat.
Before embarking, the Customer may be asked to pay a security deposit for the Vessel in cash or card, plus any outstanding balance of the hire charge.
The Vessel must be returned to the same location from which it was hired, and it is the Customers responsibility to allow sufficient time to ensure timely return. If the Vessel is returned late then the Customer will be liable to pay 25% of the hourly hire charge for every 15 minutes of the delay in returning the Vessel. Should the Vessel be returned in a dirty and/or an untidy state, a cleaning charge of 50% of the hire charge shall be levied.
The company reserves the right to cancel the Contract and refuse to hand the Vessel over to the Customer if, in our reasonable opinion, the Customer is unsuitable to take charge of the boat for any reason that may adversely affect the safety of any person, persons, or property. In this event, provided that the Customer has fully complied with their obligations under this Contract, the Company will refund the deposit and any other monies which the Customer has paid to the Company, and the Contract shall be discharged without further liability on either party. The Company reserves the right to immediately terminate the Contract without notice if the Customer or any member of their party is or appears to be under the influence of alcohol or drugs. In such a case the Company shall be entitled to retain the hire charge already paid.
The Company reserves the right to terminate the Contract at any time without notice and repossess the Vessel if the Company has any reason to believe that the Vessel is carrying more people than the Vessel is licensed to carry, or if the person in charge of the Vessel appears to be under the influence of alcohol or drugs, if the Vessel is not being navigated safely or if the Customer and/or others on board the Vessel have contravened any of the terms of this Contract. All monies paid, including any security deposit, shall be forfeited and no further claim shall be entertained by the Company.
The Customer is in charge of the Vessel and is responsible for it, its equipment, and its safe navigation. In the event of any accident or damage involving the Customer or any other people or any property the Customer must inform us immediately and obtain and record the name of any other vessels and the names and addresses of any other people involved.
In the event of a breakdown of a Vessel hired by the Customer, you must contact the Company immediately for assistance. The Customer or any of those on board must not interfere with or attempt to repair any part of the Vessel’s engine or controls.
Although the Vessel and its equipment are insured against many risks by the Company, the Customer remains responsible for any damage or loss arising from any breach of the Contract, deliberate acts, or from negligence. The Customer will be responsible for the cost of rectifying damage to the Vessel, or repairs to or replacing any items on the inventory which are missing or damaged at the end of the hire. The Company also insures the Vessel against loss and public liability, but it will not be responsible for any loss or damage, of possessions or injury to the Customer or others on the Vessel caused by the Customer or others on the Vessel.
Full payment for boat hire is made at the point of booking, either in person or through any online booking. If the Customer needs to cancel or change the booking the Customer should advise the Company by telephone. Changes in the date of booking, or cancelations, more than seven days before the date of hire can be made free of charge. Changes in the date of booking made seven days or less before the date of hire may be charged at 25% of the hire of the booking. Cancelations made on the date of hire will be charged at 50% of the hire of the booking.
The Customer hereby recognises that canoeing/kayaking/paddleboarding/motorboat use and all other water sports are activities with inherent risks of injury to persons and property. The Customer acknowledges they are aware of these risks and understands them. The Company requires all hirers of Vessels to wear a properly fitting and secured buoyancy aid at all times while on the water.
In the event that the vessel is not available, or navigation impossible on the day of hire due to circumstance outside the Company’s control (for example, adverse weather conditions, navigational interruptions, damage or mechanical breakdown) the Company may at its entire discretion, terminate the Contract at any time and shall immediately refund to the Customer the hire charge and any other payments that have been made.
FERRY PASSENGER, WATER TAXI AND RIVER TOUR SERVICES
Payment for passenger ferry and river tour services must be made in advance or on board in accordance with the advertised rates.
For the Customer’s own safety and the safety of others, the Customer must follow all instructions (both verbal and written) given by the crew on board any of our vessels (or displayed thereon, as applicable) and/or at any of the facilities controlled or used by us, including but not limited to pontoons, landing stages, quays, piers, jetties, and beaches and entry and entrance/egress areas to the Vessels.
The Customer must not engage in activities which could cause nuisance or disruption or which could affect the safety of the Vessel, crew and/or passengers including, but not limited to smoking (which, for the avoidance of doubt shall include electronic smoking devices); language that causes offence to others; raucous behaviour or the drinking of alcohol. We request that whilst on board our Vessels Customers should show respect for other passengers, the Company’s staff and our property.
The Company’s staff and crew may: (i) refuse (at his or her sole discretion) to carry any Customer; or (ii) direct any Customer to disembark; or (iii) refuse access to, or require a Customer to leave facilities controlled by the Company where the behaviour of that Customer is liable to cause nuisance, disruption or offence to other passengers and/or staff and crew, or put at risk the safety of the Customer, other passengers, crew or vessel or otherwise breaches these terms and conditions.
Subject to Clause 3.1 of the Company’s General Conditions. The Company shall not be liable for any loss or damage to luggage, bicycles, property, or animals whilst on the Vessel unless such loss or damage is caused by the negligence of the Company or crew on board the Vessel, in which case our liability shall not exceed the limit set out in accordance with Clause 3.4 of the Company’s general conditions or in the event that Clause 3.4 is found not to apply, the value of that item or £100 whichever is the lower.
The Company will make every reasonable effort to undertake the advertised and any other agreed and offered sailings but no sailings are guaranteed and sailings may be altered, delayed, amended or cancelled subject to weather, tides or other circumstances beyond the control of the Company.