BOOKING TERMS & CONDITIONS

Please read this carefully. When you book your holiday with us you are entering into a contract which binds you and us in various ways. You'll see we have clearly set out the booking conditions with a list of responsibilities and commitments we and you have towards each other.

1. Terms. All terms are per week, for the boat as equipped and described. Saturday dates are shown. For boats starting Monday or Tuesday, the previous Saturday charges apply; for Friday starts, the following Saturday charges apply.

Prices include VAT (where applicable) and insurance premiums include Insurance Premium Tax - both taxes are at the rate applicable at 1st November last and are subject to change if the rate or application of the tax changes. In the event of a change in the rate of VAT during the course of the year, your holiday will be invoiced at the new amount of VAT unless you have already taken your holiday or paid the balance in full prior to the date of the change. Our hire invoice and booking acceptance is not a VAT invoice. In the event of a change in the rate of I.P.T. during the course of the year, you will be invoiced at the rate applying on the date you purchased the insurance. The prices on this website are valid from 1st November last to the following October 31st.

We reserve the right to correct errors in advertised prices. We will advise you of any error at the time of booking.

We reserve the right to make changes to and correct errors in both advertised and confirmed prices. In this case, we will contact you as soon as we become aware of the error. If the correct price is higher and you do not wish to pay this, you will be entitled to cancel and receive a full refund of all monies you have paid to us providing you notify us within 14 days of our advising you of the error. We promise we will not seek to correct any error in a confirmed price within 8 weeks of the start of your holiday or more than 7 days after you make your booking.

The time of take-over (subject to unavoidable delays) is normally 2.30pm or as shown on your Hire Invoice

You must advise your boat operator using the telephone number on your hire invoice if, due to unavoidable delays in your journey, your arrival time is likely to be outside normal working hours.

Unless otherwise shown on your hire invoice your boat must be returned and vacated not later than 10.00am to the boatyard from which you started your cruise.

You are obliged to leave everything in a clean and tidy condition. If you fail to return your boat on time and/or in a clean and tidy condition you are liable to an extra charge at the discretion of the operator.

2. Booking Confirmation. A binding contract between us will come into existence when we despatch by post the hire invoice and booking deposit is paid. The contract shall be deemed to have been made at our offices in Lowestoft and be subject to English Law. We both agree to submit any dispute to the exclusive jurisdiction of the Courts of England and Wales. In all cases these Conditions of Hire form the basis of your contract.

3. Number in Your Party. No boat may carry more persons than advertised.  Accommodation is provided only for the number stated.  Any change of crew during a holiday must be authorised by the boat operator.

4. Booking Monies. When you book, you must pay the applicable Initial Payment shown. This Initial Payment includes your subscription to Hoseasons Cancellation Insurance and may include your Personal Holiday Insurance together with your Booking Deposit as part-payment towards the cost of your holiday. If you do not wish to take out Cancellation Insurance or Personal Holiday Insurance you must indicate this at the time of booking.

Your balance-of-hire money (together with your Damage Waiver) is due and payable by you 8-weeks before the start of your holiday.

For bookings made within 8-weeks of the holiday start-date you pay the full monies at the time of booking.

We reserve the right to pass on to you any bank charges and other costs we incur if payment is made in a foreign currency, or by any other method not normally accepted by us or if we have to represent a cheque or process late payments.

The prices shown are cash prices only. Where you choose to pay by credit card we will make a charge of 1% in respect of each payment by credit card. There is no charge for debit cards.

5. Changes by You. Once a booking has been confirmed by us, should you subsequently require us to amend your booking or to re-invoice you for any reason (including for example accidental loss of your original invoice) a fee of £16 will be charged.

Up to 8 weeks before the holiday start date you may change your boat to another one within the same operator's fleet as your original booking, subject to availability and payment of the above fee and any then difference in the price. You may transfer your booking to someone else/another party (introduced by you) at any time providing you notify us and pay the administration fee of £16 and any then outstanding balance.

6. Cancellation by You. Telephone us immediately if you have to cancel your holiday. Then on the same day send us by first class mail your hire invoice or take this action through your travel agent. Please tell us if you have already paid your balance-of-hire. Your cancellation is effective from the date we receive your written notification.

Your cancellation will be acknowledged by us in writing.

If you cancel, you are still liable for the payment of your balance-of-hire money. We will endeavour to relet your holiday. If we are able to do so before you pay your balance-of-hire money, you will only lose your booking deposit and cancellation premium. If we are able to relet after you have paid your balance-of-hire money, we will refund the whole or part of that money (so that you only lose your booking deposit and cancellation premium) up to a maximum of the hire charges we receive on reletting.

All or part of your liabilities as stated above may be covered by your Cancellation Insurance if your reason for cancellation is one of those covered. Full details of Hoseasons Holiday Protection Plan are shown on the insurance details in the preceding pages of this brochure. For early bookings we GUARANTEE you an unconditional refund of the money you have paid if, before 20 January of the year of booking, you have to cancel any holiday booked to be taken from 16 March of the year of booking onwards.

7. Minors. Bookings from persons under the age of 18 cannot be accepted.

8. Boat Trial. A free demonstration run is given to you at the time of take-over.
Whenever possible the person responsible for the booking must be present.

9. Damage, Breakdown and Defects. No responsibility will be accepted by us or the boat operator for loss of time or expenses occasioned through accidental damage to the boat while in your charge. No liability can be accepted for loss or damage or expense which occurs as the result of any defect or breakdown occurring during your cruise unless this is caused by proven reason of the boat operator's failure to adequately maintain the boat in a fit state and condition or is caused by the acts or defaults of ourselves or the boat operator or its employees.

Any defect or breakdown must be reported immediately to the boat operator during your cruise so that steps can be taken to repair the boat or remedy the service. (It is unlikely that trouble of this nature will arise as every boat is carefully checked before the start of each cruise.)

10. Accidents. Your boat is insured but you have charge of the boat and are responsible for its safe navigation. In the unlikely event of structural or mechanical damage, however caused, no responsibility can be accepted by us or the boat operator for loss of time or the cost of any alternative accommodation or any other damages or expenses. In the case of any accident or damage to the boat, to other craft, to water property, or to any person, it is your responsibility to:

(a) Find out the name of the other boat involved together with the name of the owners and hirer.

(b) To report these facts, together with the extent of the damage to the boat operator as soon as possible. No repairs may be put in hand without the boat operator's consent.

11. Our Security Deposit. Details will be shown on your Hire Invoice. You must pay your waiver with your balance-of-hire ahead of your holiday (see Condition No. 4).

Damage Waiver Payment Scheme: You make a one-off, non-refundable Damage Waiver Payment of usually £40.This gives you full cover in the event of loss of or damage to your boat or its equipment except where any loss and/or damage is caused by the deliberate or negligent act or omission of you or any member of your party, (including where the person concerned is under the influence of alcohol, drugs or any similar substance), or any failure by you to comply with these Conditions of Hire. In this case, the boat operator has the right to make a charge to cover the loss or damage.

As the price of your holiday includes fuel, no additional charge or deduction for fuel will be made. You are responsible for any charges made by waterway authorities if you cause loss of water or damage to their property. You must pay any such charges in full. They are not covered by your Damage Waiver Payment and are payable in addition to any other deductions from your deposit (regardless of how they were caused) even if the amount of your deposit is exceeded as a result.

Additional Deposits: You may be asked for an additional deposit (of up to £50 per head) at the discretion of the boat owner for certain parties or for very large and/or valuable boats. This is payable on your arrival at the boatyard.

If additional cleaning of your boat is required on its return, an extra charge will be made, and deducted from your deposit.

12. Linen/Towels. Towels are not supplied with the boat linen except for overseas visitors.

13. Layout Plans of boats in our Brochure and website are for general guidance. They are not to scale and alteration to accommodation during building or refitting may occur. Some boats within classes have minor variations. Some boats have steps which may not be shown on the plan. If you have infirm or disabled members in your party you should enquire as to the suitability of your boat when booking.

14. Production Boats. Photos of standard production boats are sometimes used for a class group of boats. As production boats are not always finished in identical colour schemes, this means your boat exterior may be different in colour from the photograph.

15. Obeying the Waterway Rules. You must observe the Navigation Authorities byelaws, including in particular, the rule that you must not navigate after sunset, or before dawn (before 8am on River Thames) and your speed must not be such as would or may inconvenience or endanger other users of the waterway.

On no account may you tow or be towed by other craft, unless you have professional assistance as towing can be a hazardous operation if incorrectly undertaken. Under no circumstances may your boat be taken out to sea or downstream of Teddington Lock on the River Thames without the boatyard's prior consent. Boats may not be entered in races or used for business purposes.

No minor may control your boat without the supervision of an experienced adult.

No portable heaters, cookers or barbecues of any type, bicycles, lighting equipment, TV sets or electrical/gas appliances (other than an electric razor) may be taken or used aboard your boat without the express prior permission of the boat operator.

16. Availability. Your booking is accepted on the basis that your confirmed boat will be available for your use in accordance with these Conditions of Hire on your agreed start date. Unfortunately, this is occasionally not possible. If your confirmed boat is not available as agreed, this will almost always be due to events beyond the boat operator's control (see Condition 17 below). If your booking has to be cancelled (which the boat operator has the right to do) we, on behalf of the boat operator, will offer you the choice of an alternative boat in the same boating area for for the same holiday period (at no extra cost), if available, a transfer to a boat in a different boating area for the same holiday period (at no extra cost), if available, or a credit note for the full value of your original booking. Providing the cancellaton is not due to events beyond the boat operator's control, we will also offer you, on behalf of the boat operator, a full refund of all monies you have paid to us for your booking if none of these options is acceptable to you.

The boat operators and Hoseasons have the right to refuse to hand over a boat to any person who, in the reasonable opinion of the boat operator or Hoseasons, as applicable, is not suitable to take charge. In such cases, all hire charges paid to us will be refunded in full but neither the boat operator nor Hoseasons have any further liability. In addition, the boat operator and Hoseasons have the right to repossess a boat at any time if in the reasonable opinion of the boat operator or Hoseasons, you or any member of your party is unsuitable to remain in charge because of their age, ill health, inexperience, suspected or actual influence of alcohol or drugs or any other reason, or because of irresponsible behaviour which is causing or is likely to cause danger to you or any other person(s) or damage to any property. In this situation, the boat operator and Hoseasons will have no further responsibility or liability and no refunds will be made or expenses met.

17. Events beyond the boat operator's control. Unfortunately, events beyond the boat operator's control occasionally affect bookings.When reference is made to such events in these Conditions of Hire, this means any event(s) or circumstance(s) which the boat operator could not, even with all due care, foresee or avoid. Such events include the following:

• Destruction or damage of your boat (which cannot reasonably be remedied to a satisfactory standard before the start of your holiday) due to fire, flood, explosion, storm or other weather damage, accident, break-in, criminal damage or any similar cause.

• Mechanical breakdown or other mechanical or technical problems affecting your boat (which cannot reasonably be remedied to a satisfactory standard before the start of your holiday).

• Flooding, shortage of water, obstruction, repairs, damage or similar event affecting any waterway, waterway structure or facility such as a lock or bridge or navigational equipment which prevents or affects your taking your confirmed holiday.

• Adverse weather conditions and tides (which may restrict navigation and passage through bridges/locks).

• Shortage or non-availability of fuel for the boat.

• Late return by previous hirers.

• Industrial action, riots, civil strife, natural or nuclear disaster, fire, war, threat of war, actual or threatened terrorist activity and all similar situations.

We regret that neither Hoseasons nor the boat operator can accept responsibility or pay any compensation, costs or expenses where the performance of your contract with the boat operator is prevented or affected or you otherwise suffer any loss or damage as a result of events beyond the boat operator's control.This includes any delays to and/or restrictions on cruising to which you may be subject (the boat operator or waterways authority is entitled to impose restrictions in the situations mentioned above). However, if your booking has to be cancelled as a result, we, on behalf of the boat operator, will of course offer you the choice of an alternative boat (if available), transfer to a different boating area (if available) or a credit note, as more fully described in Condition 16 above.

18. Your Pet. You are welcome to bring your cat or dog with you. There is a small charge.

You must tell us that you are bringing your pet when you make your booking. You must bring your pet-blanket or pet-basket as pets are allowed only on the clear understanding that in no circumstances may they lie on the bedding or on chairs.Your pet must not be left unattended in your boat or elsewhere. If subsequent to making your booking you decide you wish to take a pet with you (or you want to bring more than one pet), please let us know before you arrive.

If extra cleaning of your boat is required after your holiday because of your pet, a charge may be made.

In the interest of visitor's safety, and following government legislation, we are sorry we are unable to accept the following types of dog: American Pit Bull Terrier, Japanese Tosa, Fila Brasileiro and Dogo Argentino even where these types of dogs are muzzled as required by government legislation.

19. Any Shortcomings. You must notify any shortcomings with your boat to the operator of your boat immediately so that remedial action, if appropriate, can be taken.

If a significant problem is not resolved to your satisfaction, please contact us as soon as possible during your holiday.

For all complaints and claims which do not involve personal injury, illness or death, we regret we cannot accept any liability if you fail to notify the operator or his/her representative and ourselves of any complaint or claim during your holiday and write to us with full details within 28 days of the end of your holiday.

20. Your Vehicles. Security parking at the boatyard is available free of charge. Your vehicle and its accessories and contents are left entirely at your risk. We will not be responsible for any loss or damage from or to any vehicle from any cause whatsoever other than, in the case of the operator, the negligence of the operator or its employees or agents or, in our case, negligence of ourselves or our employees or agents.

21. Liability. Except where otherwise specified in these Conditions of Hire, neither Hoseasons Holidays Ltd, as agents, nor the Boat Owners and Operators can accept liability for any damage, expense, injury, death or loss of any nature whatsoever suffered by any person(s) from any cause whatsoever other than, in the case of the Owner(s) and/or the Operator(s) the proven negligence of him/herself or his/her employees or agents or, in our case, the proven negligence of ourselves or our employees or agents.

22. Personal Holiday Insurance. You are strongly recommended to take our Personal Holiday Insurance for your holiday.You will have seen details of this Special Insurance arranged for you by Hoseasons. Full details of the cover it provides will come with your booking acceptance.

23. Data Protection Policy. In order to process your booking and to ensure that your holiday arrangements run smoothly and meet your requirements we and your travel agent need to use the information you provide such as name, address, any special needs, etc. We take full responsibility for ensuring that proper security measures are in place to protect your information.We must pass the information onto the relevant suppliers of your holiday arrangements.The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. We will not however, pass any information onto any person not responsible for part of your holiday arrangements.This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.) Your data controller is Hoseasons Holidays Ltd. You are entitled to a copy of your information held by us. If you would like to see this please contact us. We will hold your information, where collected by us, and may use it to inform you of offers in the future or to send you brochures. If you do not wish to receive such approaches in the future, write to us. We may also provide your details to selected third parties for similar purposes. If you do not wish to receive such approaches in the future, please write to us.