4.1 The Contract may not be cancelled
or amended except as provided in these
Conditions and Terms.
4.2 Cancellation of a Booking must be notified at least twenty (20) Working
Days prior to the Period of Hire.
4.3 In the event of cancellation by the Hirer of a Booking over 20 Working
Days before the Period of Hire, the Hirer shall be entitled to a full
refund of any Deposit paid. If the Booking is cancelled between six (6)
and twenty (20) Working Days before the Period of Hire the Hirer shall
be entitled to be refunded 50% of the Deposit or a full refund of the
Deposit if the Course is re-let. If the Booking is cancelled less than
five (5) Working Days before the Period of Hire, the Company shall not
offer a refund, (unless the cancellation is due to a medical condition
specified on the Booking Form) unless the Company is able to re-let.
4.4 In the event of adverse weather conditions, including floods, storms,
or unforeseen circumstances, including technical problems, mechanical
failure, shortage of water, non-availability of fuel, preventing the
conducting of a Course, the Company shall offer a full refund of the
price if alternative dates are not agreed with the Hirer.
4.5 In the event of cancellation of a Booking during the Period of Hire
due to any of the circumstances listed in Clause 4.4 arising, the Company
shall offer a reasonable refund based on the proportion of the Course
5. PRICE AND PAYMENT
5.1 Neither the Booking Form nor the
Booking Confirmation is a VAT invoice.
5.2 The Company reserves the right to regularly review and amend the
Price of the Courses displayed on the Booking Form and on the website
of the Company at www.humberpowerboatschool.co.uk
5.3 Any written quotations given to prospective hirers shall be valid
for sixty (60) days from the date of enquiry.
5.4 At the time of Booking, a Deposit of 100% of the Price for the Course
must be paid by the Hirer.
5.5 The price will include lunch, please inform the company of any dietary
requirements and allergies.
6.1 The Company undertakes regular checks
of the boats hired and used for training
tuition before its hiring in accordance
with the manufacturers’ recommendations.
6.2 In the event of a boat suffering mechanical breakdown the Company
shall take all reasonable steps to enable the completion of the Course.
6.3 The Company shall not be liable for any consequential loss or damage
that the Hirer(s) may suffer as a result of such breakdown. Subject to
Clause 4, any refunds are at the Company’s discretion.
7.1 In the case of Training Courses,
the Price shall include the fuel costs.
8.1 The Company insures the boat and
its equipment and inventory against public
liability risks. The Company’s
insurance does not cover personal accidents
or loss or damage to personal effects.
Hirers are advised to take out their
own personal insurance cover.
9. USE OF HIRER’S BOAT
9.1 A maximum of six (4) Hirers are
allowed on a boat for Fun Days and three
(3) Hirers for Training Courses, not
including the Company’s qualified
instructor or boat operator respectively.
9.2 Where tuition is being given on a boat not owned by the Company the
Hirer shall indemnify the Company and all its employees in respect of
all costs, claims, expenses and demands which it may suffer or incur
and which arise directly or indirectly out of the use of the boat during
the period of tuition. The Hirer confirms that the boat is seaworthy,
the engine has been regularly serviced in accordance with the manufacturers’ recommendations,
full insurance is in place for the period of tuition and all appropriate
safety equipment is on board.
10.1 The Company shall not accept any
liability for death, personal injury,
damage, expense or loss of any nature
whatsoever sustained by any Hirer, other
than in the case of proven negligence
of the Company or its employees.
11. HIRER’S PROPERTY
11.1 Vehicles may be left outside the
gates of the Humber Cruising Association.
The Company will be under no liability
for any loss of, or damage to vehicles
or contents of the Hirer’s or other
people’s property, on the boat
or elsewhere, or howsoever caused, except
by the Company’s negligence or
the negligence of those for whom the
Company is responsible. Hirers are particularly
advised not to leave any valuable or
portable items in any vehicles.
In the event that the Hirer commits
any breach of this Contract the Company
shall be entitled but without prejudice
to any other rights or remedies which
it may have, to terminate the Course
without notice, and to make a reasonable
charge for time spent. No right of the
Company shall be waived except in writing
by a duly authorised representative of
The Contract shall be governed by and
construed in accordance with English
law and the parties hereby submit to
the exclusive jurisdiction of the English