TERMS AND CONDITIONS FOR HIRE OF CANAL BOATS  Please read very carefully

The primary concern of Waterways Experiences (WEXP) is that people gain the maximum benefit from access to our boats. In providing a boat to a group WEXP does so on the understanding that the safety of participants overrides all other concerns. Therefore WEXP employees volunteers and agents have authority to intervene in any situation which they deem to be unsafe.

1. DEFINITIONS

"The Charity" means WEXP operating as Waterways Experiences. WEXP is a Charitable Incorporated Organisation with its registered office at Boat Base, Nash Mills Recreation Centre, Hemel Hempstead HP3 9TE Charity Number 1156576

   a)       "The Hirer" means the person or association making the booking.

   b)      ''The Leader" means the person in charge and taking responsibility for the group for the duration of the trip.

   c)       "The User" means all members of the group or family using the facility .

 2. BOOKINGS

 a)        A confirmed booking is made on the payment of a deposit or a full invoice based on the instruction from the Hirer. The booking then becomes subject to the cancellation provisions outlined in clause 4 below .

 b)        A booking is confirmed on the understanding that should the Charity be prevented from honouring it due to circumstances outside its control, e.g. break-down or any other cause, the Charity CANNOT GUARANTEE to provide an alternative, but ALL PAYMENTS shall be returned in full and neither party shall have any further claim against the other.

3. PAYMENT

 a)       Deposit payments are due within fourteen days of receipt of invoice.

 b)       All balances are due for payment at least twenty-eight days prior to the date of the trip.

 c)        For bookings made within this twenty-eight day period full payment is due immediately on receipt of invoice.

4. CANCELLATION

   a)    The Hirer will pay cancellation charges on the total hire cost at the following rates in respect of all bookings made.

o    four to eight weeks before departure: 20% of the hire cost

o     one to less than four weeks before departure: 50% of the hire cost

o      less than one week before departure: 100% of the hire cost

   b)   The Charity reserves the right to cancel a booking at any stage without being liable for loss and without

        obligation to give a reason.

5. SERVICES   The cost of diesel and calor gas is included in the hire charge.

6. MOBILITY OF PASSENGERS AND WHEELCHAIRS

    a) To ensure the ability to evacuate the boat quickly in case of emergency, the Charity strongly recommends that

        each passenger with impaired mobility, whether or not in a wheelchair, is accompanied by an adult capable

       of assisting them to leave the boat.

   b) No more than 6 passengers in wheelchairs are permitted on our boats.

7. BUOYANCY AIDS

a)   In the interests of safety, buoyancy aids are available for all passengers. The Charity recommends that any passenger under 14 should wear a buoyancy aid when on the open decks or canal side, but the decision whether to wear one must be made by the responsible adult who will know the capabilities of each child.

b)   The Charity also recommends that any passenger of 14 or over who is uncertain or lacks confidence in a canal environment should wear a buoyancy aid when on the open decks or canal side.

c)   It is the responsibility of the crew to ensure that any buoyancy aid supplied to a passenger is of the correct size and is fitted securely.

8. PHOTOGRAPHS

Promotional photographs may be taken as part of your group booking; if you would prefer this not to happen,please contact the bookings team by phone or email quoting your booking reference or notify the skipper at the start of your trip.

9. SMOKING   Smoking is absolutely forbidden anywhere on a boat. This includes e-cigarettes.

10. ALCOHOLIC DRINKS/DRUGS

a)   The national legal requirements for the consumption of alcohol are to be adhered to at all times.

b)    Users must remain sober at all times .

c)     Illegal drug use is absolutely forbidden anywhere on a boat.

d)    The Charity has the authority to terminate the trip immediately in the event of failure to comply with this Condition. In this event the Charity will not be responsible for arranging the return of the Users to the boat base

11. RESPONSIBILITIES OF THE HIRER

a)     The Leader is responsible for the safety of children and vulnerable adults in their party, whether on or off the boat and must ensure that adequate supervision is given at all times.

b)    The Leader is responsible for washing, cleaning and replacing in storage all crockery, cutlery and other equipment used on the trip

12.EXCLUSIONS

No responsibility is accepted by the Charity for :

a)    Loss of time or expense through defect or breakdown occurring.

b)   The consequences, delays or restrictions arising from obstructions, closures, repairs or damage to navigational works , flooding, water shortages , industrial action, fuel rationing or any other cause whatsoever outside the control of the Charity.

13. INDEMNITIES

The Charity holds public liability insurance for its legal liability to third parties that arise from the Charity's negligence arising from normal use of the boat; this does not provide indemnity to you in respect of any activities undertaken as part of your programme off the boat. Groups must make sure they have suitable insurance cover in place prior to their trip for any such activities.

14. PETS

Pets (other than assistance animals) are not allowed inside our facilities without prior agreement.

 15. VARIATION OF TERMS AND CONDITIONS

The Charity reserves the right to add such further conditions or rules as they may reasonably consider necessary relating to the Hirer's booking and may also from time to time waive and modify any of the above Terms and Conditions providing reasonable notice is given to the Hirer and if circumstances allow.

ADDITIONAL TERMS FOR SELF STEER HIRERS AND RESIDENTIAL TRIPS

16. INSURANCE COVER

The Charity's public liability insurance will indemnify the Hirer against risks arising from normal use of the boat. It does not extend to any additional activities conducted by the Hirer whether on or off the boat. If any such activities are to take place the Hirer must have suitable insurance cover in place and produce evidence of cover to the Charity prior to the trip.

17. DEPOSIT

A deposit of £100 is payable for each booking, to be paid with the balance or full payment of the hire charge. The deposit, or balance (if any) after deductions, will be refunded within 28 days of the last day of the trip.

18. BREAKAGES, LOSS & DAMAGE

All damages, loss and breakages are the Hirer's responsibility and the cost of such will be deducted from the deposit and any excess charged by an invoice to be paid within 28 days..

19. BREAKDOWNS

  1. In the event of a breakdown the Hirer should follow any instructions or conditions provided by the Charity relating to the provision of call-out support. Where a breakdown is caused by negligence of the Users, the Charity has the right to claim upon the Users in respect of any expenses or costs involved in rectifying the fault and any consequential loss.
  2.  Under no circumstances should the Users attempt to service or rectify any mechanical fault or breakdown without the authority of the Charity or one of its agents.

20. NAVIGATION

All bye-laws and speed restrictions of Waterways Authorities must be complied with at all times. The following restrictions apply:

21. TRAINING

It is a requirement of this booking that the Hirer ensures that the person responsible for the safe management of the boat holds a qualification, or has undertaken a training course, approved by the Charity and satisfies the Charity of their competence.

22.  BUOYANCY AIDS

  1. The Leader is responsible for deciding which of the Users should be provided with a buoyancy aid and in what circumstances the buoyancy aid should be worn
  2. The skipper is responsible for ensuring that any buoyancy aid supplied to a User is of the correct size and is fitted securely.

23.FIRST AID

The Hirer is responsible for the provision of appropriate First Aid cover and equipment. An Accident book is provided. It is a legal requirement that this is completed if an accident occurs. A sealed First Aid box is also provided on the boat - this may be used if necessary, however a charge of £ 25.00 will be made. The Charity recommends that you bring your own.

24. ALCOHOLIC DRINKS/DRUGS

Whenever there is a young person under the age of sixteen years on board, alcoholic drink in any form will not be permitted on board. The Leader is held responsible for the conduct of all on board. This includes ensuring that passenger safety is paramount at all times. If any person is found to be under the influence of drink or illegal drugs the boat leader is responsible for taking appropriate action and ensuring the law is upheld.

25. CONSIDERATION TO OTHERS

Please remember that the Charity has a reputation and a relationship with other Waterways users to maintain. The Charity expects users to conduct themselves reasonably and responsibly.

26. CONDITION OF THE BOAT

At the end of your trip you are responsible for leaving the boat and its equipment in a clean and tidy condition so that the boat is fit for immediate use by other groups. Failure to comply will result in a charge of £50 for cleaning being deducted from the deposit.

WEXP Hire T&C 14.08.2019