1. Meanings

In the Conditions and Regulations of hire the following words shall have the following meanings:

1.1

"the Boat" means the boat subject of this hire.

1.2

"the Hire" means use of the Boat subject to the payment of the cost of hire.

1.3

"the Hirer" means the person hiring the boat referred to in the Booking Form.

1.4

"the Company" means Ms N. Weir trading as The Moonraker Narrowboat Company of 7 Lower East Hayes, London Road, Bath BA1 6AN.

1.5

"the Booking Form" means the form attached hereto.

2. Form of Application

2.1

All applications for the Hire must be in writing on the Booking Form.

2.2

The Company reserves the right to refuse any application without stating their reason for doing so.

2.3

Applications will not be considered :

2.3.1

from persons under the age of 21 years.

2.3.2

If made otherwise than upon the Booking Form.

2.3.3

From stag and hen party groups.

2.3.4

From persons who in the opinion of the Company are unfit to take the Hire.

2.4

If the Company accepts a Booking Form the person signing the Booking form shall be the Hirer and as such the person responsible to the Company for the payment of the Hire and the observance of these conditions and regulations but this provision is without prejudice to the right of the Company to hold responsible and to proceed against if necessary any body of persons either corporate or unincorporated on whose behalf the person signing the application form made the application and who has used the Boat under the hire.

2.5

The maximum number of persons which shall any time be allowed to participate in the Hire is twelve or as stated on the Booking Form.

2.6

Any variation or change to the terms of the Booking Form for the Hire must be made in writing to the Company and agreed by the Company in writing and the Company reserves the right to refuse any variation or change in the terms of the Booking Form without stating their reason for doing so. Any variation or change agreed by the Company will form part of the booking for the Hire and be bound by these conditions and regulations of hire.

3. Charges

3.1

Charges for the Hire shall be in accordance with the booking form.

3.2

Any changes in charges made after the booking will be communicated to the Hirer who may within 7 days of such notification withdraw his application and any sums paid by the Hirer will be refunded subject to any administration charge as the Company may reasonably determine.

3.3

Upon submission of the Booking Form a deposit of 25% of the total hire charge against the cost of the Hire must be provided. A security deposit of £500 is payable on commencement of Hire which is refundable upon clause 14 being satisfied.

3.4

The remaining sums due in relation to the Hire must be paid no later than twelve weeks before commencement of the Hire.

3.5

In the event that an application for the Hire is made within twelve weeks of the commencement of the Hire and accepted by the Company the full cost of the Hire is payable forthwith.

4. Cancellation of Hire

4.1

The Company shall be entitled summarily to cancel the Hire at any time before or during the Hire:

4.1.1

If the Hirer fails to observe any of these conditions or regulations; or

4.1.2

at anytime prior to the commencement of the Hire it shall appear to the Company that the Hirer has made a material omission from or mis-statement in the application form; or

4.1.3

if any sum payable under Clause 3 hereof is not paid by the Hirer by the date upon which it is due.

4.1.4

if the Hirer fails to produce insurance documents under Clause 12.3

4.2

The Company may cancel the Hire in the event of the Company itself being desirous of using the boat which is the subject of the Hire on the date which it has been let to the Hirer in connection with an occasion of National rejoicing or mourning or for a purpose which in the opinion of the Company is of Civic or national importance by giving to the Hirer notice of cancellation not less than 6 weeks prior to the said date.

4.3

Any cancellation by the Hirer must be notified to the Company in writing no less than six weeks prior to the commencement of the Hire. The Company will use its best endeavours to re-hire the Hire but in the event that it is unable to do so the Hirer will remain liable for the full costs of the Hire.

5. Unforeseen Circumstances.

Should unforeseen circumstances arise beyond the control of the Company which would invalidate the terms and conditions of the booking the Company will give as much notice as is reasonable in all the circumstances of the case of the cancellation. In this event the Company will not be responsible for any loss or damage suffered by the Hirer nor will they be responsible for any loss or damage suffered in the event of the Hire not being available by reason of accident or civil commotion force majeure strike lock-out or other like causes.

6. Charges for Cancellation.

6.1

If the Hire is cancelled by virtue of the provisions of clause 4.1 hereof then in any such case the following conditions shall apply.

6.1.1

If the Hire is cancelled by the company by virtue of the provisions of clause 4.1 then all the charges paid by the Hirer shall be retained by the Company unless the Company is able and willing to hire the Boat to a third party or use the Boat for the Company's own purposes for all or part of the period of the Hire in which case the Company shall repay to the Hirer a fair proportion of the charges on a pro rata basis less any additional costs incurred by the Company as a result of the Hirer's breach.

6.2

If the Hire is cancelled by virtue of clause 4.2 or clause 5 the Company shall refund to the Hirer without interest any charges paid in respect of the Hire and no further compensation whatsoever suffered or to be suffered by him as a result of the cancellation.

7. Subletting.

The Hirer shall not sublet nor assign the Hire or any part thereof without the written consent of the Company. Should the Hirer do so or attempt to do so without the written consent of the Company the contract will be terminated and the charges paid retained by the Company by way of liquidated damages. The Hirer and any subHirer will be excluded from the Hire.

8. Damage to the Hire.

8.1

The Hirer shall take good care of and shall not cause any damage or permit or suffer any damage to be done to the Hire or to any part or parts thereof to any fittings equipment or other property therein and shall make good and pay for any damage thereto including accidental damage caused by any act or neglect of himself his servants agents or any person resorting to the Company by reason of the use of the Boat.

8.2

In the event that the boat is unavailable for or during the Hire through no fault of the Company or the Hirer, every attempt will be made by the Company to secure an alternative craft of similar standing. If no such craft is available the costs of the Hire shall be returned to the Hirer. In such circumstances, no further claims will be made by the Hirer against the Company.

9. Damage or Loss of Hirer's Property.

9.1

Under no circumstances whatsoever will the Company make good or accept responsibility or liability in respect of any damage or theft or loss of any property goods articles or things whatsoever placed deposited brought into or left upon the Boat either by the Hirer for his use or purpose or by any other person or left or deposited with any officer or servant of the Company and the Hirer must indemnify and hold the Company and their servants and officers harmless in respect thereof.

9.2

The Company shall not be responsible for any loss due to any breakdown in machinery failure of supply of electricity leakage of water fire government restriction or act of God which may cause the Hire to be interrupted or cancelled.

9.3

The Company shall not be responsible for any closures or loss of navigation to waterways which may cause the Hire to be interrupted cancelled or moored at an alternative location.

10. Indemnity for Loss Damage Injury etc.

10.1

The Hirer shall be liable for and shall indemnify the Company in respect of any loss damage or injury which may be incurred by or be done or happen to the Hirer or any person or persons resorting to the Company by reason of the use of the Hire by the Hirer save for personal injury or death by negligence of the Company or its employees.

10.2

The Hirer agrees to indemnify the Company against any liability the Company may incur by reason of any act or omission by the Hirer or any member of the Hirer's party or person visiting the Boat by arrangement with the Hirer.

11. Compliance with the Company's Requirements.

The Hirer and any members of his party shall during the Hire and during such other times as they or any of them shall be in the Company for the purpose of the Hire comply with all the requirements of the Company or its duly appointed officers. While the conditions of the Hire provide that the Hirer shall be required to take certain steps it is agreed by the Hirer that in the event of his failing to satisfy the requirements of the Company in the opinion of the Company then the Company may take all necessary action to comply with those requirements and charge the Hirer for the costs of expenses of such action.

12. Responsibilities of Hirer.

12.1 The Hirer shall during the Hire be responsible for:

12.1.1

the efficient supervision of the Hire including the effective control of children the orderly and safe admission and departure of persons to and from the Boat and the orderly and safe clearance of the Boat in case of emergency;

12.1.2

the safety of the Boat and the preservation of good order and decency therein.

12.1.3

ensuring all doors giving egress from the Boat shall be kept unfastened and unobstructed and immediately available for exit during the whole time the Boat are in use and no obstruction shall be placed or allowed to remain in any corridor giving access to the Boat.

12.2

The Hirer is responsible for the Boat and without limitation is responsible to ensure:

12.2.1

Its safe navigation in accordance with all statutory provisions and by-laws.

12.2.2

that cruising occurs only during daylight hours.

12.2.3

no cruising on rivers or tidal waters occurs without the written consent of the Company.

12.2.4

that none of the following are allowed on the Boat without written consent of the Company: candles, portable gas equipment, inflammable liquids of substances, fire arms or portable electrical equipment.

12.2.5

that no smoking is permitted anywhere inside the Boat.

12.3

The Company strongly suggests that the Hirer and all members of the party have a valid insurance policy for the period of the Hire.

12.3.1

The Hirer shall disclose to the Company full details of any insurance cover which has been required by him and refused or granted subject to conditions.

12.4

If the Hirer fails to observe and perform any one or more of the stipulations contained in the foregoing provisions of this condition the Company may charge to and recover from the Hirer any expense incurred by the Company in securing such observance and performance.

13. Animals.

Any animal to be carried during the period of the Hire will be at the discretion of the Company and must be disclosed on the Booking Form. The first will incur a £25.00 charge and £10.00 for each additional animal thereafter.

14. Boat To be left Clean and Tidy.

The Hirer shall at the expiration of the period of the Hire leave the Boat in a clean and orderly state to the reasonable satisfaction of the Company.

15. Nothing to be Fixed to the Premises.

No bolts nails tacks screws etc. shall be driven into any part of the Boat nor shall any placards or other article be affixed thereto.

16. Accidents and Complaints.

16.1

Any complaint arising out of the Hire must be made in writing to the Company within 24 hours of the occasion of such complaint but this clause shall in no way prejudice the statutory rights of any party to make a claim.

16.2

Any accident must be notified to the Company as soon as practicable together with full details of the accident, third parties and witnesses. No member of the Hirer's party must admit any liability.

16.3

Public liability risk insurance is the responsibility of the Company but does not extend to personal accident insurance for the Hirer or any member of his party.

17. Service of Notices.

Any notice demand or request by the Company to or upon the Hirer may be sent by ordinary pre-paid post addressed to the Hirer at the Hirer's address given in the Booking Form and on the Contact Page of this website, and shall be deemed to be made or served at the time when the letter containing the same would be delivered in the ordinary course of post.

18. Access to and Vacation of the Boat.

18.1

The Boat will be available for Hire from the time stated in the Booking acceptance and must be returned no later than the return time on the day of termination of the Hire as stated on the Booking acceptance. Late return will incur a surcharge in accordance with our charges which are in force from time to time.

18.2

The Hire must be vacated promptly at the time at which the booking expires and failure to comply with this regulation will involve payment of an excess fee chargeable at £50.00 per hour or part thereof.

19. Observance of Conditions and Regulations etc.

19.1 The Hirer hereby undertakes with the Company at his own cost strictly to observe and conform to:

19.1.1

All relevant and statutory provisions and regulations.

19.1.2

All conditions and regulations made by the Company.

19.1.3

The provisions of this contract; and

19.1.4

All instructions given to him by the Company or its officers under or in pursuance of the terms of this contract.

19.2

The Hirer hereby indemnifies and holds harmless the Company their officers and servants from all actions expenses, claims damages penalties which they may incur in consequence of any breach of or default or negligence in the performance of any such provisions regulations conditions or instructions. If the Hirer his servants or agents fail refuse or omit to comply with such provision regulations conditions or instructions he or they may be excluded from the Company until he or they shall have complied with them but this shall be without prejudice to the Company's rights under this contract.

20. Your Rights.

Nothing in these conditions affects your statutory rights.