DAY   BOAT   HIRE   TERMS   AND   CONDITIONS

PLEASE  READ   A L L   OF  THESE  CONDITIONS  OF  HIRE   CAREFULLY  AND  IN  FULL

By making a booking you agree to, and fully accept, all of the terms outlined

K e y   F a c t s

In the terms and conditions of this agreement:

• “The Conditions” means the conditions set out in this document.
• “The Hirer” means the person or persons named on the booking confirmation. Where there is more than one Hirer, you are all individually responsible and liable under this agreement.
• “The start and end date/time” means the date & time when the booking starts and ends as defined in the booking confirmation.
• “The period of hire” means the period between the start date/time and the end date/time when the boat is returned.
• “The price” means the price for the booking as set out in the booking confirmation.

Legal matters: Your contract is with Camboats and referred to throughout these terms & conditions as “Camboats” or “the company”. Any contract to hire a incorporates the conditions below and is between Camboats and you as the hirer. The contract does not take effect until Camboats dispatch/email a written confirmation of your booking to you. The contract is made in England and is governed in all aspects by English Law.  The Hirer shall submit to the jurisdiction of the English courts provided that the company at its option may bring any legal proceedings against the Hirer from courts in any other country.

No person who is not a party to this Agreement may enforce any term of this Agreement. The parties agree that the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement, nor to any document entered into related to this Agreement.

Exemption: Camboats are not be liable for any matters arising from any cause beyond the company’s reasonable control not due to the company’s negligence or wilful default including (without limitation) death or personal injury of the Hirer and their passengers, loss or damage to property, non-fulfillment or interruption of the booking or delays, breakdowns, mechanical problems, defects, damage, restrictions or obstructions, repairs or damage to waterways, non-availability of routes, navigational works, storms, floods, shortage of water, ice nor other weather conditions, nor in respect of any consequential loss, damage, expense, injury, or claim.

Waiver: No indulgence, forbearance or delay by the company shall constitute any bar to its enforcement of its rights at any time and no waiver in respect of any breach shall operate as a waiver in respect of any other subsequent breach.

Disputes: Any dispute, difference or question which may at any time arise under this Agreement shall be first submitted to mediation, or failing that to arbitration, via a single arbitrator to be agreed upon between the parties (or failing agreement to be nominated by the Chartered Institute of Arbitrators on the application of either party) in accordance with the provisions of the Arbitration Act or any statutory modifications or re-enactment thereof. The decision of such arbitrator (acting as an expert and not as an arbitrator) including any direction as to payment of fees and costs in the arbitration shall be binding on both parties.

Boat and River Safety

Instruction: Before you take over the boat, we will give you suitable instruction/demonstration/explanation, and information on safety, how to operate the vessel, rules of the river, and how to use locks (if part of your itinerary).  The Hirer agrees to comply with the following all safety rules at all times for the health and safety of the persons on the boat and other persons on the waterway and riverbank, and for safeguarding the boat and other property.

Boat capacity: Passenger capacity is clearly stated on the dashboard of each boat and on the Booking Confirmation Form.  Allowing further passengers to board the boat at a later time, and hence overloading the boat, is prohibited and is liable to prosecution by the River Authority.  Overloading the vessel will result in the complete forfeit of your security deposit, and/or charge to your credit/debit card.

Camboats reserve the right to refuse a booking to any party/person where, in the opinion of Camboats, the boat/hirer is not suitable for health/weight/safety reasons. In this circumstance, we reserve the right to not explain/justify our decision. No person(s) over 20 stone/127 kg are able to board the hire boat.

Alcohol: We operate a strict ‘no alcohol’ policy on our hire boats. Over the years River Authorities, hire boat businesses and insurers have identified that alcohol is the primary cause of accidents. Therefore, alcohol must not be taken on board and any alcohol that is hidden/consumed will result in a loss of the security deposit, and/or charge to your debit/credit card.

Fire Risk: The hirer must not take on board any form of portable heater, naked flame or heating/cooking device, or lighting equipment, fuel (or anything else) which could compromise the safety of the boat/people onboard. Portable/disposable BBQ’s are not permitted to be carried nor used on the boat.

Boat stability: Hirers must be aware that boats by design will naturally move/tilt as passengers move around or board the vessel. No claims may be made for injuries caused by falling/losing balance. Some boats have small steps down/up and other trip hazards or rough edges.  Hirers accept this and use/move around the boat with care at their own risk.  Certain areas of the boat are out of bounds – each boat has a diagram aboard of the areas accessible for passenger use, and will be pointed out at the time of boat handover.

Clothing and Life Jackets:  Appropriate clothing for outdoors is required.  No stiletto/high-heels should be worn aboard hire boats. Flat style deck shoes are recommended for safety and comfort.  Lifejackets provided are mandatory for everyone for the duration of the hire whilst aboard.

Navigation: You, the hirer, are in charge of the vessel and all those on board and agree 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 pack provided on the boat. i.e. To give way to rowing boats, sailing craft and other human propelled craft, plus any laden or unladen commercial cargo boats.  Camboats reserves the right at its discretion without liability to restrict cruising areas or routes in the light of prevailing navigation conditions.

At all times to observe all byelaws, navigational limits or instructions and advice of The Environment Agency and the Cam Conservators, along with Camboats and their respective officers and employees.  To observe all speed limits. Mooring the boat and navigating busy stretches of river, bridges, locks and other river obstructions must only be undertaken by adults.  Minors (under 18) are not permitted to take control of the boat without constant and vigilant direct supervision of an adult.

The Hirer is responsible for getting the boat off mud banks or other grounding and for removal of weeds, rope and other detritus from the propeller. The Hirer shall notify Camboats if any of these operations cannot be carried out safely by the hirer without risk of accident or damage. A callout fee may be charged to cover costs, either deducted from the security deposit or charged to your debit/credit card.

Vessel speed:  Speed limits must be strictly adhered to as outlined in the information pack and training provided for safety and environmental protection. Hirers agree to observe speed limits; not engage in races and not to cruise at a speed which creates a breaking wash or disturbs or inconveniences other waterway users, nor behave in a manner which may compromise the enjoyment of other river users, or cause damage to river banks, nesting wildlife and waterway structures. Speeding or other fines are the responsibility of the hirer. You are responsible for any charges or fees made by any waterways authorities in respect of loss of water or damage to waterway property caused by you whilst in charge of the boat.

Fishing: Not to have aboard fishing tackle nor live fishing bait.

You MUST NOT:

• Tow (or raft), or be towed (nor rafted) by other vessels unless with professional assistance;
• cruise after dark (as a hired day boat your vessel is not equipped or insured for night navigation);
• take a hire boat above Jesus Lock or below Denver Sluice;
• use the boat for business purposes, nor sub-let the vessel.

Specific detailed navigational information about your particular route will be provided at the boat handover.

Vessel Specification / Suitability

The specification of boats, their accommodation, facilities and equipment referred to on the website or in a brochure/leaflet is only intended as a general guide however, Camboats shall not be liable in the event of any differences in the boat supplied and reserves the right to make modifications. Layout plans are for guidance only and are not to scale and may have steps which are not shown. The company reserves the right to change boat specifications without prior notice.

Passengers with limited mobility: If any members of your party have limited mobility, you must enquire as to the suitability of the boat prior to booking. Whilst no guarantee can be given, Camboats will offer assistance and advice so far as is reasonably practical.

Accidents and Incidents

The Hirer is in charge of the boat and must take all reasonable care, and is responsible for its safe navigation and return. Camboats is not liable for death, personal injury, or loss or damage to you or your property, or any property belonging to or in the possession of the hirer or any member of the hirer’s party (including any vehicle or their contents parked during the hire) unless it is caused by Camboats negligence or wilful default.

In the event of an accident involving the boat and/or any other craft/property, it is your responsibility to

obtain and record:

• the name and registration number of the other boat/vessel(s)
• and names/addresses/contact details of all parties involved including other boat owners and hirers
• establish the name/address/contact details of any other person or reparian landowner where involved, plus any witnesses.
• the damage occurred (with pictures if possible)
• then report the incident to Camboats immediately by telephone including details of any damage incurred to the boat.

NOT IN ANY CIRCUMSTANCES ADMIT OR ALLOW OTHER PERSONS

ON THE BOAT TO ADMIT LIABILITY TO ANY OTHER PERSON.

In the event of an accident or incident Camboats may repossess the boat with immediate effect and the hiring contract shall then terminate without liability. In the event that the insurance cover is prejudiced or invalidated by any failure on the part of the Hirer to comply with the provisions of this agreement the Hirer shall indemnify Camboats in respect of all liability claims, loss, damage or expenses incurred. You are responsible for, and shall indemnify Camboats against any claim or charge made by any statutory body or reparian landowner for damage to waterway property or loss of water.

In the event of damage to the boat rendering it inoperable, however caused, no responsibility can be accepted by Camboats for loss of time or cost of alternative accommodation or any other damages or expenses incurred.

No repairs may be put in hand without Camboats consent. On returning the boat at the end of your hire you must inform Camboats of any damage or items broken, lost or stolen.

Although the boat is insured by Camboats, you are primarily responsible for any damage to the boat, its equipment or to any third party property and for loss of equipment. Camboats reserves the right to charge an additional extra security deposit on certain parties – you will be advised when you book.

The security deposit is refundable 72 hours after you return the boat in a clean condition without damage, loss of equipment or third-party claim against you. Where damage has occurred or other chargeable fee is required, all or part of your security deposit may be withheld by Camboats.

Notwithstanding the above, if you or any member of your party either fail to comply with booking conditions or cause negligent, wilful or criminal damage you will be fully liable for any loss incurred.

Booking Agreement

The entire contract includes these conditions which the Hirer accepts having read and agreed them. When you request a booking via our website or at any of our boat stations, you are making an offer to hire a boat under these terms and conditions. Boats booked in advance are non transferable.  Submission of a completed booking request is an offer by the Hirer and the booking agreement is made only if and when Camboats gives a written boat hire confirmation, thus creating a legally binding contract.  Telephone enquiries do not create legal agreements and any offer to hold a reservation is not legally binding.

In accepting a booking, Camboats responsibility does not extend beyond the provision of the boat and in particular there is no warranty that any particular route or destination will be available during the period of hire.

Camboats will not hire a boat to any person(s): under the age of 18 (ID may be required for anyone looking under 25); any young groups (even if over 18); stag/hen parties; any other group/party that could be suspect of likely drinking whilst on the boat or in a pub during the duration of the boat hire, or be likely to behave in a rowdy/anti-social way. Where a boat is occupied by a group comprising of mainly young persons, the Hirer warrants that at all times a responsible person aged more than 22 years will be in charge of the group.

All correspondence will be sent to the email/address on the booking form. Camboats may refuse to accept any booking at its discretion, plus cancel a booking and refuse to hand over the boat to any person or group who in its opinion is not suitable to take charge on the grounds of age, inexperience, suspected influence of  drugs or alcohol or any reason that may adversely affect the safety of any person, or the commercial interests of Camboats. In this event the Company will not refund any monies paid and the contract shall be discharged without further liability on either party.  Boats will not be hired to single sex groups without prior consultation.

Customers will require a debit/credit card when hiring (even when paying cash). Your card will not be charged unless required to cover damage, late returns or breach of our guidelines/term and conditions. In either case we reserve the right to make any such charge to your card. Camboats may also ask for a security deposit on or before your arrival (usually £300). Failure to pay the deposit when requested will result in refusal to hire a boat without justification. For customers where a £300 deposit was not deemed necessary in advance, we reserve the right to charge up to £300 (if necessary) should our terms and conditions/handover instructions be breached.  All or part of your security deposit will be lost if the boat is returned late/damaged/unfit for immediate re-hire (or if any of our terms and conditions are breached).

If a hirer and/or passengers appears to arrive under the influence of drugs or alcohol (or smelling of alcohol) you will be refused a boat and no refund will be offered.

If you arrive late for your pre-booked boat hire, the lost time will not be added to the end of your agreed time as the boat may be booked after you. Please arrive in good time for your booking in order to get parked, complete paperwork and boat safety instructions etc.

We will not offer refunds or rescheduled dates/times due to illness or wet/windy weather (unless it is deemed by Camboats to be too dangerous due to weather or river conditions).

Where more than one boat is requested on the same booking form, each boat shall be deemed to be the subject of a separate contract. Bookings for optional extras are taken subject to availability on the start date.

No agent, servant or representative of Camboats has any right to alter or vary or waive any of these conditions. Nor is any such person authorised to undertake any liability whatsoever on behalf of Camboats. These conditions can only be varied with the written permission Camboats. The Hirer acknowledges that no statement or representation which may have been made by or on behalf of Camboats induced the Hirer to enter into the contract and that any such statements or representations do not form part of this contract.

Termination of Hire: We reserve the right to terminate the hire at any time and repossess the boat if we have reason to believe that you are carrying more people than the boat is booked/licensed to carry, or if the person in charge of the vessel appears to be under the influence of alcohol or drugs, if you are not navigating safely, if you are not behaving responsibly, or if you have contravened any of the byelaws of the Navigation, or the terms of this contract.  Camboats reserves the right to repossess any boat and terminate the hire agreement without refund at anytime if an accident occurs or, in the view of the company, is likely to occur. All monies paid, including the security deposit, shall be forfeited and no further claim shall be entertained.

Rights Reserved: We reserve the right to cancel the hire and refuse to hand the boat over to you if, in our reasonable opinion, you are unsuitable to take charge of the boat for any reason that may adversely affect the safety of any person, persons, or property.

Start and finish of your hire

A Camboats team member will give you a demonstration and explain the controls of the boat and its equipment. You must notify Camboats of any faults in the equipment of the boat identified either before or after the boat leaves the boatyard so that they can be rectified. In the unlikely event of any alleged deficiencies or shortcomings, any issues with the cleanliness of the boat, equipment or inventory must be notified before the boat departs.

Collection of the boat: The Boat will normally be available at the time of your booking from our moorings on the River Cam. On arrival please make yourself known to the Camboats team. Please note that as we may be waiting for boats to be returned by other customers, we cannot absolutely guarantee that your boat will be ready for you at the time you booked. In the event that the boat is not available because of circumstances beyond our control, Camboats may substitute a boat of similar accommodation, however if no such boat is available Camboats will refund any payments made and the contract is discharged.

The time of welcome and induction to your vessel and boarding the boat is on the booking confirmation. Camboats will endeavour to have the boat ready for the Hirer at the time specified on the start date. The hirer must notify any likely delay in arrival as soon as possible by email in advance, or by telephone on the day of the hire.

Delays: Every boat is checked before the start of each hire and in the event of a mechanical failure the right is reserved to delay departure until a repair has been effected, thus minimise the risk that your boat will suffer a mechanical breakdown. If a breakdown of any kind does occur, you must report it to Camboats immediately so that repairs can undertaken to enable you to resume your cruise where practicable. Provided that Camboats is so informed, they will take steps to repair the boat and/or its equipment as speedily as possible in the circumstances. Apart from these obligations, Camboats shall not be liable in any respect for any indirect or consequential loss or damage, whether financial or otherwise, suffered as a result of such a breakdown. Camboats shall not be responsible for the consequences of delays or restrictions on cruising arising from obstruction, repairs or damage to waterways, flooding, shortage of water, lock breakdown, industrial action or other circumstances beyond their control. The right is reserved to restrict cruising if unusual or hazardous conditions prevail.

Hirers are responsible for ensuring that their cruising schedule allows time for unforeseen contingencies so as to permit their return and vacation of the boat on or before the scheduled end date/time.

Unless otherwise stated you must return the boat (with all gear, inventory and equipment) to the designated mooring in a clean and tidy condition and suitable for immediate re-hire. A charge will be made if the boat is returned late or is not clean and tidy with all rubbish to be removed by the Hirer before leaving. Failure to do so will result in a minimum cleaning charge of £50 or loss of the security deposit depending on the state of the vessel. Boats must be returned and moored up at or before the agreed time in the booking confirmation. Where Camboats recovers a boat to return it to base, the Hirer is liable any costs involved.

Boats returned late will be charged £1 per minute late fee beyond the end date/time. In addition, during high season, boats can be booked out immediately they return. If a booking is lost as a result of you returning late you will be charged the lost amount in addition to the late fee rate. Whenever late fees apply, Camboats will charge you without notification – we will not engage in confrontation.

The Hirer will sign a Boat Acceptance Form before departure and thereafter the Hirer is completely responsible for the boat, its equipment and its operation until it is handed back at the end of the period of hire. Any shortcomings subsequently discovered shall immediately be notified by telephone in order to give Camboats the opportunity to take any remedial action necessary. Camboats shall not be liable in respect of any matter which is not so immediately notified and in any event shall not be liable in respect of any matter which is notified after the end of the hire period, as the boat may then have been taken over by another hirer and may not be available for inspection.

Cancellations and Alterations

This agreement, including the payment terms, is a legally binding contract and may not be cancelled or amended except as provided in these Conditions.

Cancellations or Changes to the Booking by the Hirer: If you wish to change your booking after Camboats has issued your booking confirmation, Camboats will do its best to help but has no obligation to make any change.  You must notify Camboats immediately by email (or by telephone if within 48 hours of the booking start date/time, with written confirmation, signed by the person who made the original booking). The cancellation will be effective from the date written confirmation is received by Camboats. Changes in the date of your booking, or cancellations, more than fourteen days before the date of hire can be made free of charge. If Camboats are able to make changes within 14 days of the hire start date, after it has issued the initial or subsequent booking confirmation, an administration fee of up to £25 may be charged.

Cancellation by Camboats: In the event that the boat is not available, or navigation impossible on the day of hire due to circumstance outside our control (for example but not limited to: adverse river conditions, navigational interruptions, damage, mechanical breakdown, or official river closure due to events) we may cancel the agreement at any time and will refund you the hire charge and any other payments you have made.

Alterations by Camboats: Camboats reserves the right to make changes when they become unavoidable or necessary. If a material change is made to your hire Camboats will inform you as soon as reasonably possible. A material change is one that is a significant change of location or a change of boat to that of a lower category or price. In the event of material change you may choose to:

(a) accept the alteration and the contract will be varied accordingly;

(b) purchase an alternative Camboats hire (where available) with credit being given for the price of the cancelled hire; or

(c) cancel and receive a refund of money you have paid.

During periods of high demand, we cannot guarantee the boat will be available immediately. During these periods the next available boat will be provided as soon as possible. Any delay in arrival of online bookings may result in your hire being shorter, particularly during peak periods, though we will try to provide your full hire wherever possible.

Prices and Payment

Prices: Camboats prices are in pounds sterling. The hire charge is payable to secure and confirm a booking. Any balance of the hire charge and extras, including Security Deposit may requested in advance or payable on the day of hire. Camboats reserves the right to correct errors in advertised or quoted prices at the time of booking confirmation.  Booking confirmations are not VAT invoices.

Hire cost includes navigation licenses for waterways operated by the Cam Conservators and East Anglian waterways managed by the Environment Agency.

Payments: Full payment for day boat hire is required at point of booking, either in person or through online booking. It will be refunded if your booking is not confirmed. Payment is not made until cash or cleared funds have been received.

Time of payment shall be of the essence of the contract. Without prejudice to any other rights of the Company it may charge interest (both before and after any judgment) at the rate of 5% over Camboats banks base lending rate on any monies due from the due payment date until the date of payment and interest shall accrue from day to day.

Financial fees/expenses: The Hirer shall reimburse on demand any expenses incurred in the conversion of foreign currencies, bank charges, special clearance, processing payments or otherwise in obtaining cleared sterling funds of the amount due.

Security Deposit: In advance or before embarking, you will be asked to pay a security deposit for the boat via BACs or credit/debit card.

Optional Extras: Optional extras may be available at extra charge as stated in the brochure, but are subject to availability on your hire start date.

Insurance and Damage

Liability: Camboats insures the boat against loss and public liability, but it will not be responsible for any loss, or damage, or injury to the hire party or possessions, howsoever caused. Hirers and their passengers are advised to check/take out their own personal insurance cover. Camboats are not responsible for the loss of nor damage to of any of your personnel effects or your vehicle whilst it is parked.

The public liability cover excludes malicious or intentional damage to other boats and property, the late return of the boat and return of the boat in unclean condition. The Hirer will indemnify Camboats against all costs, damage, expenses, liability and claims howsoever arising from the negligence, neglect or default of the Hirer to the extent that they are not covered by Camboats policy.

Loss: Although the boat and its equipment are insured against many risks by the company you remain responsible for any damage or loss arising from your breach of the agreement, your deliberate acts, or from your negligence. You will be responsible for the cost of rectifying damage to the boat, or repairs to, or replacing any items on the inventory (including but not limited to: loss of fenders, bouyancy aids, damage to seat covers) which are missing or damaged at the end of the hire.

IN THE EVENT OF SERIOUS DAMAGE REQUIRING AN INSURANCE CLAIM YOU WILL BE LIABLE TO PAY £300 EXCESS ON THE POLICY.  IN ANY OF THESE INSTANCES WE RESERVE THE RIGHT TO MAKE FURTHER CHARGES TO YOUR DEBIT/CREDIT CARD.

Breakdown and Repairs

The Hirer shall notify Camboats in the event of breakdown, damage, theft or loss and shall provide full details and comply with the company’s instructions.

Breakdown: In the event of a breakdown of a day boat hired by you, contact us immediately for assistance. You must not interfere with, adjust, or attempt to repair any part of the boat’s engine or controls. Hirers must not attempt to tamper with any of the mechanical or electrical elements of the boat. In the case of a breakdown do not attempt any repair; you must call Camboats who will organise a repair or recovery. The company will not be liable for any costs/loss incurred by you/to you as a result of any breakdown.

Any repairs or replacements undertaken by the Hirer without the Camboats approval will not be accepted, any cost in making good unauthorized repairs will be charged to the hirer and/or taken out of the security deposit.

Hirer’s Property

Vehicles left are entirely at the owner’s risk. There will be under no liability for any loss of or damage to vehicles or contents of the hirers or other people’s property on the boat or elsewhere or howsoever caused except by the company’s negligence or that of those for whom the company is responsible.

Hirers are particularly advised not to leave any valuable or portable items in vehicles nor on the boat whilst unattended. Camboats may return hirer’s property left behind if claimed and following the receipt of payment for postage and packing (minimum charge £15). Property not claimed within 6 weeks from the end date will be disposed of.

Pets

If you wish to take pets aboard, you must obtain prior permission. Up to two pets may be allowed onboard a hire boat unless otherwise stated in the boat details, at an extra charge of £15 per pet payable in advance at the time of booking. Pets are not covered under the company’s insurance policy and the Hirer shall be liable for the cost of any damage or extra cleaning required. Hirers must provide their own pet baskets or blankets. All pets must be properly house trained or caged as appropriate, must not be left unattended, and must not be allowed on boat soft furnishings.  Any pets found to have been taken aboard without prior permission may forfeit up to 50% of the boat security deposit to cover additional cleaning.

Images and Personal Data

On occasions photographs or video may be taken of our boats for publicity purposes. If you prefer not to be videoed/photographed, please make us aware at the time of booking. Any information taken about you will only be used for the purposes of administration and where it is required by law, and will be held subject to G.D.P.R. (General Data Protection Regulations).

BY  SIGNING  A  ‘BOAT  HIRE  ACCEPTANCE’ FORM  YOU  AGREE  YOU  HAVE  READ  AND  FULLY  ACCEPT  THESE  DAY  BOAT  HIRE  TERMS  AND  CONDITIONS.

These current terms and conditions supersede all previous issues.