Terms of Business for Henley River Boats Ltd.
Preliminary provisions and definitions
These terms of business form an integral part of all quotations for business and contracts for services provided by Henley River Boats Ltd. These terms of business apply to the exclusion of any other terms that The Hirer or Guests may seek to impose or incorporate or which are implied by custom, practice, or the course of dealing.
In these Terms of Business:
- ‘Henley River Boats Ltd‘ (hereinafter abbreviated to ‘HRB’) – means the company contracted to provide private river cruise services to The Hirer, as well any authorised employees, including skippers, agents, sub-contractors or representatives of the company.
- ‘The Hirer’ – means the person entering into and paying for the contract for private river cruise services. The Hirer must be over 18 years of age.
- ‘Guests’ – means any persons that The Hirer invites to enjoy HRB services under a contract The Hirer holds for a private river cruise from HRB, subject to the safe capacity of the boat not being exceeded.
- ‘The Skipper’ – means the person appointed to be in control of the boat on behalf of HRB, and the embarking and disembarking from that boat, supplied for a booking for skippered hire (‘Chauffeured by our skipper’).
- ‘HRB Representative‘ – means a person appointed by HRB to attend to the handover and operational briefing and the embarking and disembarking of a boat supplied for a booking for ‘Self-drive’ hire.
Notification of Terms of Business
HRB will display these Terms of Business on their website and will inform The Hirer of these terms during the booking process. It is the responsibility of The Hirer to acquaint their Guests with these terms.
Existence of contract
A contract only comes into existence between HRB and The Hirer when HRB (or its booking agents) has received payment and a confirmation of booking notice has been issued. The contract is between HRB and The Hirer only, and not with the Guests. HRB does not accept bookings from persons under the age of 18 years.
Cancellation by The Hirer
The Hirer may cancel a booking and receive a full refund up to 48 hours in advance of their booked trip. No refunds are given for cancellations made with less than 48 hours’ notice. Where cancellations are necessary with less than 48 hours’ notice, HRB may be able to offer an alternative date or time.
Cancellation by the HRB
HRB will work to ensure that vessels operate at the agreed times and on agreed routes but HRB reserves the right to vary these arrangements if caused by circumstance beyond the control of the company and reserves the right to cancel a booking at any time and provide The Hirer with a full refund.
Right to vary course or timing of cruise
HRB may vary the course or timing of the cruise should circumstances make this necessary. HRB does not guarantee the cruise will commence or complete in any given time if conditions beyond the control of the company make it unsafe or impractical to do so.
In particular, cruises are subject to weather and river conditions being satisfactory at the time of departure. If conditions prevent the cruise from taking place HRB will notify The Hirer as soon as possible and offer an alternative booking slot. The decision to re-schedule a booking as a result of adverse weather is entirely at the discretion of HRB and not The Hirer. If The Hirer cannot accommodate any alternative slots then HRB will provide a full refund.
Skippered hire
The boat shall remain under the complete control of The Skipper. The Hirer and Guests should listen to any safety briefings and obey all lawful instructions provided by The Skipper while on board, and while embarking and disembarking.
The Hirer shall be responsible for the conduct of all Guests on board, and while embarking and disembarking. Any person behaving in a manner that is abusive or likely to cause danger to the safety of themselves, others or the vessel may be asked to disembark and The Skipper may cut the cruise short.
Self-drive hire
The Hirer may elect to take a boat as ‘self-drive’ (i.e. bare-boat charter without the services of The Skipper). At handover, an HRB Representative will provide instruction on the use of the boat and The Hirer must confirm they accept responsibility for the boat and all persons onboard, and they will be held liable for any loss of damage caused by negligence. HRB reserves the right to decline to hand over a boat to The Hirer if they do not seem able to take up this responsibility.
The Hirer, or Guests with the permission of The Hirer, may take control of the boat subject to the individuals at the helm being either at least 18 years of age, or having a qualification of RYA National Powerboat Certificate Level 2 or equivalent. The rules of the river, including the speed limit (5 mph), must be adhered to. Towing, lending and subrental of the boat are forbidden.
Limitation on liabilities
HRB will not be liable for any loss or damage caused by events or circumstances beyond the reasonable control of the company. This includes events such as severe weather or river conditions, industrial action, mechanical breakdown, any action by third parties not in HRB employment, or any defect in the property of The Hirer, a Guest, or a third party.
The maximum liability for any damages other than for death, personal injury or illness will be limited to the total fee paid for the cruise package. Where The Hirer is a business, HRB accept no liability for any loss of profit or turnover that The Hirer may suffer as a consequence of any failure in HRB services.
Nothing in these Terms of Business shall limit or exclude our liability for death or personal injury caused negligence of HRB, or any other reason to the extent it would be illegal to exclude or attempt to exclude liability.
Loss or damage to HRB property
Hirers are responsible for loss or damage to any HRB property caused by the negligence or unreasonable behaviour or conduct of the Hirer or Guests. This includes loss or damage to the vessel or its fixtures and fittings.
Passenger limit and safety matters
The maximum number of passengers (The Hirer and Guests) for each trip is 6 people on Eliza Grace and 8 people on Hebe, which includes all children over the age of 12 months.
HRB will provide a river boat that has a Boat Safety Scheme (BSS) certificate issued under the initiative owned equally by the Canal & River Trust and the Environment Agency. For skippered hire, The Skipper will hold a qualification of RYA National Powerboat Certificate Level 2, or equivalent.
Buoyancy aids or lifejackets are available to all passengers on request. Children aged 3 years or younger must wear a buoyancy aid at all times and we recommend children aged 4-14 also wear buoyancy aids or lifejackets.
While smoking is not allowed onboard any HRB boat, vaping products are allowed.
Accessibility
There is no step-free access to our boat and we are unable to accommodate wheelchairs. Assistance dogs are welcome on our boats. At the time of booking, The Hirer should notify HRB of any special assistance that may be required. The Skipper or an HRB Representative will be at hand to help passengers step on and off the boat.
Passenger property on board
The Hirer and Guests should take all their belongings and waste with them on disembarking from the boat. HRB will retain lost property for up to one month after the cruise and during that time will attempt to contact the Hirer by email in order to arrange return of any lost property.
Payments and refunds
The Hirer may make payments securely via https://henleyriverboats.com. Full payment is due 48 hours before the start of your trip. HRB will issue a booking confirmation by email as soon as payment is confirmed. HRB will process refunds within 48 hours of agreement to refund.
Privacy
HRB will publish and work to a Privacy Policy. This policy is separately available on the HRB website.
Food and drink catering
The Hirer and Guests are welcome to bring their own food and drink on-board.
HRB do not directly provide food or drink on any cruises but may act as introducer to reputable catering services. Any contract subsequently made between The Hirer or Guests and a catering provider is between those parties only and does not imply a contract with HRB for catering services.
Complaints and dispute resolute
HRB welcomes feedback from customers as it helps the company maintain and improve service. Should The Hirer be unhappy about any aspect of HRB service they should first raise the matter promptly with the Skipper who will endeavour to rectify the issue. Should the Hirer remain unsatisfied they should write to HRB at contact@henleyriverboats.com
Law and jurisdiction
This agreement is governed by the law of England and Wales, and is subject to the exclusive jurisdiction of the courts of England and Wales.