Additional Hire Terms During COVID19

I confirm that all members of my group are from the same household.

I confirm that no one in my household is showing or has shown any symptoms of Covid-19 in the last 14 days.

I understand that I must not moor the boat I am hiring unless it is in an emergency.

I understand that I must not allow additional passengers to board the boat unless it is in an emergency.

I agree to maintain a distance of at least 2 metres between anyone in my party and the Company’s staff.

I agree to follow any direction by the Company’s staff regarding distancing and use of their equipment.

It is agreed that wherever possible members of my group must not swap paddles, boats. or any equipment that is on hire or on loan to them.

I confirm that I fully understand the government’s advice regarding lockdown measures.

TERMS & CONDITIONS

  1. Introduction

1.1   The terms and conditions contained in this document (“Conditions”) apply to all transactions for the hire or purchase of products and services (“Services”) from the site of AV Boats Ltd. By booking or ordering any Services from our site you are indicating your acceptance to be bound by these Conditions. These Conditions form a legal agreement between you and us and can only be amended with our consent. You can print a copy of these Trading Conditions by selecting the print option from the “File” menu.

1.2   In the event that should any Site contain separate conditions of trading linked to via the Site homepage. In the case of conflict between those conditions of trading and these conditions, the conditions of trading shall prevail over these Conditions.

1.3   We reserve the right to change these Conditions from time to time without prior notice to you, provided that any such change will not affect any purchases you have made before the change is implemented.

  1. Booking and Ordering Services

2.1   You may place a booking or order for services advertised on our Site either by email, telephone or an on site visit.. 

2.2   All bookings or orders placed by you are subject to acceptance by us. We may choose not to accept your booking or order for any reason and will not be liable to you or to anyone else in those circumstances.

2.3   Acceptance of your booking or order is the formation that the contract between us will take place, unless we have notified you that we do not accept your booking or order or you have already cancelled it in accordance with the provisions below 

2.4 If your booking or order includes Service(s) which are not available, we will contact you by email or by telephone to ask you how you wish to proceed. You will have the option to wait until the Service(s) are available, or cancel your booking or order.

  1. Hiring and Your Safety

3.1   Any Member of staff may refuse the hiring of any craft to persons or parties without giving any reason

3.2   Canoe, Kayak Hire

  1. Buoyancy aids are provided free of charge and MUST be worn by both Swimmers and Children
  2. Children under the age of 5 are not allowed on Canoes or Kayaks and any person under the age of 16 years must be accompanied by an adult at all times

3.3   Paddle Board Hire

  1. Buoyancy aids are provided free of charge and MUST be worn by both Swimmers and Children
  2. Children under the age of 10 years are not allowed on Paddle Board
  3. All first time users of a paddle must undertake safety training before using the board

3.3   Motor Boat and Rowing Boat Hire

  1. Whilst underway you MUST keep inside the seating area.
  2. It is dangerous to unnecessarily rock the boat and endangers the safety of all on board.
  3. At least one person on board must be over 18 years of age and accept responsibility for the group and provide proof of a telephone number.
  4. All non swimmers and children under the age of 16 years MUST wear life support equipment
  5. Pets are allowed onboard, a charge of £25 is made to cover any additional cleaning cost.

3.4 All hire boats must be returned half an hour before sunset

  1. Prices and payment

4.1   The prices of Services advertised are as set out on our Site. All prices are in pounds (£) sterling, inclusive of VAT, Any shipping charges will be added to the total amount due once you have selected a shipping service..

4.2   Prices may change at any time prior to (but not after) acceptance of your booking or order.

4.3   We cannot accept your booking or order for motor boat hire until you have either paid a deposit of at least 50% of the hire fee or paid for it in full.

4.4   In the unlikely event that the price of any service has been incorrectly advertised on our Site, we will contact you by email or telephone to ask whether you wish to proceed with the booking or order at the correct price. If you are not happy to proceed, we will cancel the booking or order..

  1. Delivery &Shipping

5.1   Subject to availability, we will use all reasonable endeavours to deliver the Services you have ordered.

5.2   The precise timing of a delivery cannot be specified.

5.3    Once delivered, the Services ordered will become your responsibility and, except in relation to Services that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.

  1. Cancellations and returns

6.1   Unless one of the exceptions listed in Clause 5.4, below applies, you may cancel your booking or order without giving any reason within 48 hours of service to be provided for boat hire or 7 days notice for any specific order. To exercise the right to cancel, you must notify us, giving us your full name, and any reference (if any)

6.2   To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired, we will reimburse to you up to 50% of any payment that has been made in full from you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. Alternatively, you may ask us to substitute a Service, rather than provide you with a refund, but we can only do that if the Service you wish to substitute is of equivalent value to the booking or order you are cancelling.

6.4   You may not cancel your order if:

  1. the Services have been sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
  2. the Services have been customised or made to your own specifications;

iii     unless such Services were damaged or faulty when delivered to you or have been incorrectly delivered.

6.5   All such Services should be returned within fourteen (14) days of you cancelling your order and, in any event, no later than twenty-eight (28) days after the Service(s) have been delivered to you, in accordance with the following process:

  1. pack the returns parcel securely, ensuring you include the returns note that will have been included in the package in which your order was delivered, and attach the returns address label that will also have been included; and
  2. return the parcel to us, we suggest, either by courier or by recorded delivery mail or other form of certified mail. We advise that you take out enough postal insurance to cover the value of the contents.

6.6   Our policy on cancellations and returns does not affect your statutory legal rights.

  1. Faulty Services

7.1   If any Service you purchase is damaged or faulty we may offer an alternative service if available in accordance with your legal rights. If you believe a Service is faulty, you should notify us immediately. .

7.2  Our  policy on faulty Services does not affect your statutory legal rights.

  1. Service Information

8.1   We have taken reasonable steps to display as accurately as possible the Services in the images that appear on our Site.

8.2   From time to time, we  may run special or local promotions. .

8.3   Any information on our Site regarding Services is as a guide only. If you are in any doubt we recommend that you contact us prior to placing an order.

  1. Security

9.1   We understand that you may have concerns about security on the internet. Our Site uses a secure server to protect your personal information.

9.3   We recommend that you do not communicate to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.

  1. Our liability

10.1   We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.

10.2   You are responsible for the use you make of the Service(s) you book or order. To the extent not prohibited by law, we accept no liability for any loss or damage which is not reasonably foreseeable or for any  loss

10.3   We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.

10.4   Nothing in this section or elsewhere in our  Conditions affects your statutory legal rights.

  1. Personal Data

 We will only use your personal information in accordance with our Privacy & Cookie Policy. Please take the time to read our Privacy & Cookie Policy, as it includes important conditions which apply to you.

  1. General

12.1  Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Trading Conditions.

12.2  If any part of these Conditions is found to be unenforceable as a matter of law, all other parts of these Conditions shall be unaffected and shall remain in force.

12.3  You and we agree that English law applies to these  Conditions and that any dispute between us arising out of or in connection with these  Conditions will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.

12.4   A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

12.5   Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Trading Conditions, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.

  1. How to contact us

13.1 Please feel free to contact us using the details set out on our Website.