ALICE BOOKING TERMS AND CONDITIONS
“booking”: agreement to a Charter.
“the Commencement Date”: the date that the Charter is to begin;
“the Company”: Alice 4 Charter a business operated by Alan Gick;
“Charter”: term of hire of the vessel of whatever duration including individual sailing bookings for a sailing trip aboard the vessel and static events aboard the vessel.
“Chartered”: any person or company entering into agreement with the Company to charter the vessel on behalf of themselves or others;
“extra costs”: additional mooring fees, customs charges, Harbour Dues, locking fees or other similar costs that are charged or increased by the body responsible for charging them after the Company quotes a Charter fee;
“Parental Responsibility”: has the meaning defined by the Children Act 1989;
“the Invoice”: the invoice for the cost of the Charter rendered before the Charter;
“the invoice date”: the date of the invoice;
“the vessel”: sailing barge Alice.
All charters are subject to the weather and the judgement of the vessel’s Master as to the safety of the vessel. The intended itinerary or destination of a Charter may vary from that stated in the booking or advertised according to the circumstances at the time that the Charter takes place.
The Company will use its best endeavours to ensure that the vessel is delivered to the location desired by the Charterer at the commencement of the Charter and at the end of the Charter however the Company cannot guarantee that the vessel will be able to fulfil the desired journey or location of the Charter because of the weather accidental breakdown or other incidents of navigation beyond the control of the Company.
At all times all passengers on board the vessel must comply with the safety procedures of the Company and in all safety matters the decisions of the vessel’s Master shall at all times be final and binding upon the Charterer. Equally the judgement of the vessel’s Master and the Company shall always be subject to the law, regulations, policies and decisions by the Maritime and Coastguard Agency, the Department of Transport, HM Customs and Excise, and the relevant port authorities, dock authorities and other Government bodies responsible for regulating the waters, docks, rivers, ports, marinas and quaysides where the vessel operates or moors.
Bookings are taken in good faith but are always subject to matters outside the control of the Company and may be cancelled by the Company if insufficient people book an event or due to weather or breakdown, damage or other circumstances making it impossible for a Charter to take place in the view of the Company. Individual sailing bookings will be confirmed and boarding instructions issued by the Company at least 3 weeks before sailing.
A booking is confirmed by payment of 30% of the net charter fee . This is non returnable save if the Company shall cancel the charter before the Charterer has boarded the vessel.
An invoice for the gross cost of the Charter including taxes will be rendered when the booking is confirmed and is due for payment (less the deposit paid) within 7 days of the invoice date, charters will be confirmed at least 8 weeks before sailing. Time is of the essence and the Company reserves the right to cancel the Charter upon non payment of the Invoice by the due date.
The gross cost of the Charter will be the agreed charter fee plus VAT and taxes due thereon together with any extras. In the event that extra costs are incurred these will be invoiced in addition to the gross cost and are due for payment at the date of invoice.
Once a Charter is booked neither party may cancel the Charter other than as set out in these conditions.
The Company may cancel the booking in the event of non payment of the invoice. The Company shall be entitled to recover the Charter fee in full from the Charterer in the event of cancellation by way of liquidated damages.
The Vessel sails under a Exemption Certificate issued by the MCA and complies with the Standard of Safety for Thames Sailing Barges. The Company safety policy must be complied with by Charterers and guests. It is a condition of this agreement that the terms of the Company Safety policy in force at the time of the Charter shall be binding upon the Charterer as if it were incorporated as part of this agreement.
The itinerary, of any Charter will depend upon the weather conditions, forecast , tides and all other factors that affect the ability of the crew to operate the vessel safely without danger to the vessel, crew or passengers.
Children and young persons under the age of 16 must be accompanied by an adult who is a person with Parental Responsibility for them or who has the written authority of that person and young persons under 18 may only sail if the Company has the written consent to their sailing on the vessel of a person with Parental Responsibility for them.
Non swimmers and children and young people under the age of 16 must wear a life jacket while on deck. The Charterer is responsible for ensuring that any child or young person brings their own life jacket and that it is in good condition and works properly.
The Company will not accept liability for loss or damage to clothes or personal belongings during a charter.
The Company will not be liable for any loss or damage suffered by any person during a charter or in consequence of a Charter or booking for a Charter other than as a direct result of negligence for which the Company is liable by law.
All disputes arising under these terms shall be decided in accordance with the Law of England and Wales.
All bookings must be made in writing, this is usually easiest by returning a signed copy of the company invoice together with the 30% booking confirmation deposit, or if the charter is soon the whole charter fee.
By signing the booking form you consent to the company processing the data contained in your booking application or otherwise given to the Company by you or your guests in accordance with the Data Protection Acts 1984 and 1998 and to our writing to you or sending you an email news letter or update about our vessel and business.
Nothing in the Company’s website or advertising shall constitute a term of a contract or a representation relied upon by the Charterer in entering into a booking.
WEBSITE TERMS AND CONDITIONS
These terms and conditions govern your use of our website. Our terms have been provided and approved by legal documents provider Legal Centre. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
1. SITE ACCESS
1.1 You will be able to access the majority of this Website without having to register any details with us. [However, particular areas of this Website will only be accessible only if you have registered.]
2. USE OF WEBSITE
2.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
2.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licencors and must not be reproduced without our prior consent.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.
3. SITE UP-TIME
3.1 We take all reasonable steps to ensure that this Website is available 24 hours everyday, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
3.2 This Website may be temporarily unavailable due to issues such as system failure,maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
4. VISITOR CONDUCT
4.2 When using this website you shall not post or send to or from this Website any material:
(a) for which you have not obtained all necessary consents;
(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
4.3 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) you do not misrepresent your relationship with us or present any false information about us;
(c) you do not link from a website that is not owned by you; and
(d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply inany way with the law in the United Kingdom.
5.3 If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
6.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
6.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
7. EXCLUSION OF LIABILITY
7.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct,indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
7.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injurycaused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii)misrepresentation as to a fundamental matter; or (iv) any liability which cannot beexcluded or limited under the law of the United Kingdom.
8. GOVERNING JURISDICTION
This Legal Notice shall be governed by and construed in accordance with English law.Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.