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Absolute Aqua Ltd – Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY ARE PART OF YOUR CONTRACT WITH THE COMPANY AND CONTAIN LEGAL OBLIGATIONS AND LIABILITIES OF THE HIRER
1. DEFINITIONS
In the Contract:
“the Booking” means the booking by a Hirer of a Course, RIB/boat Charter, RIB ride, Fun day;
“the Booking Confirmation” means the written confirmation by the Company of a Booking made by telephone, facsimile or e-mail;
“the Booking Form” means the form on the reverse of the Terms and Conditions;
“the Company” means Absolute Aqua Limited;
“the Contract” means the entire contract between the Company and the Hirer as contained in these Terms and Conditions, the Booking Form and any Booking Confirmation;
“the Courses” means the Training Courses, offered by the Company;
“RIB” means Rigid Inflatable Boat;
“PWC” means Personal Watercraft;
“the RIB/boat Charter or RIB ride” means the RIB/boat charter or rib rides run by the company;
“the Deposit” means the deposit paid by the Hirer at the time of Booking of 50% of the Price;
“Fun Days” means the fun days run by the Company;
“the Hirer” means the person or persons named on the Booking Form. In the case of more than one Hirer, Hirers they shall be jointly and severally liable under this Contract;
“the Period of Hire” means the period between the date and time of commencement of hire and the date and time of completion of hire;
“the Price” means the price for the booking set out on the Booking Form and any Booking Confirmation;
“the Terms and Conditions” means the terms and conditions set out below;
“Training Courses” means the power boat, PWC or shorebased training courses run by the Company.
“Working Day” means any week day (except Saturday and Sundays and public holidays in England and Wales)
2. BOOKING AGREEMENT
2.1 The Hirer acknowledges that no statement or representation, expressed or implied, which may have been made by or on behalf of the Company induced the Hirer to enter into the Contract and that any such statements or representations do not form part of the Contract.
2.2 A Booking is made in the name of the Hirer specified in the Booking Form or Gift voucher and is not transferable to another person.
2.3 The Company reserves the right to decline any Booking at its discretion.
2.4 Booking in advance is necessary to reserve a Course, boat charter or RIB ride on specific dates and a Deposit of 50% of the Price must be paid at the time of Booking. The Company may at its discretion hold open places on Courses for a maximum of two (2) Working Days but if payment has not been received by the end of the agreed period the places will cease to be held open.
3. AGE LIMITS AND UNSUITABLE HIRERS
3.1 The Hirer must be aged 16 or over, physically fit and able to swim fifty (50) metres.
3.2 The Company at its discretion may allow minors over eight (8) years old to participate in Training Courses provided they are accompanied or supervised by a parent or legal guardian. Please note that minors under sixteen (16) years old can only be issued with an endorsed certificate or licence. Fun Days, RIB/boat charters and RIB rides can be attended by minors over ten (10) years old provided they are accompanied by a parent or legal guardian and are of a suitable height, the skipper’s decision on this matter is final.
3.3 The Company reserves the right to refuse to allow any Hirer, who in its opinion fails to meet these criteria, onto the boat.
3.4 Where a boat is occupied by a group, the Hirer must provide on the Booking Form full details of all persons in their party.
3.5 The Company may at its discretion cancel any Bookings made in contravention of Clauses 3.1 to 3.4 before or at the start of the Period of Hire. In this event, the Company shall be entitled to retain any Deposit and any balance of payment will remain due unless the Company is able to re-let. If the Company is able to re-let, (and provided that the Hirer is not in breach of any other conditions) the Deposit shall be refunded, the Hirer will remain liable for an administration fee.
3.6 The Company may at its discretion cancel the Booking and refuse to allow any Hirer or group to participate in a Course, RIB ride, Fun day or RIB/boat charter who in its opinion is not suitable, on the grounds of age, ill-health, inexperience, suspected influence of alcohol or drugs, irresponsible behaviour, abusive behaviour or any reason that may affect the safety of any person, or the commercial interests of the Company.
3.7 If a Booking is cancelled pursuant to Clause 3.6 the Company shall retain the Deposit and a pro-rata fee for the duration of the Course, RIB ride, RIB/boat charter, Fun Day.
3.8 Occasionally authorised parties may carry out photography and/or video recording. You agree that we may use these images in advertising, promotional or publicity material in any format whatsoever. You further agree that copyright rests with such authorised parties.
4. CANCELLATIONS AND CHANGES
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 fourteen (14) Working Days prior to the Period of Hire.
4.3 In the event of cancellation by the Hirer of a Booking over 14 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 seven (7) and fourteen (14) Working Days before the Period of Hire the Hirer shall be entitled to be refunded 50% of the Deposit. If the Booking is cancelled less than seven (7) 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).
4.4 In the event of adverse weather conditions, including floods, storms, heavy sea state, strong winds or unforeseen circumstances, including technical problems, mechanical failure, shortage of water, non-availability of fuel, preventing the conducting of a Course, RIB ride, RIB/boat charter, Fun Day 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, RIB ride, RIB/boat charter, Fun Day completed.
4.6 Where a gift certificate has been purchased it may be used by the named bearer only. In the event that no bearer is indicated, the registered owner indicated during the booking process may only utilise this certificate. The Company holds the right to withdraw or refuse the use of any gift certificate if its ownership is questionable or in a breach of Clause 3.6
4.7 All refunds due in reference to Clause’s 4.3, 4.4 and 4.5 will be liable to a refund charge of 120.0p per card transaction. This charge will be deducted from the refund payable to the Hirer.
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, RIB rides, RIB/boat charter, Fun days displayed on the Booking Form and on the websites of the Company at www.absoluteaqua.co.uk www.jetski-training.biz www.powerboat-training.biz www.powerboatcharters.biz
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 50% of the Price for the Course, RIB ride, RIB/boat charter, Fun Day must be paid by the Hirer.
5.5 Card payments; If a card payment is made by Maestro (Domestic), Solo, UK Visa Debit, UK Visa Electron, no additional charges will be made. If a card payment is made by Mastercard or Visa Credit a fee of 3.75% will apply; by Commerical card a fee of 4.55% will apply; by Maestro (commercial) a fee of 3.75% will apply; by JCB a fee of 4% will apply. These fees will be added to the total purchase and will be charged in addition to the Course, RIB/boat charter, Fun day fees due.
6. MAINTENANCE
6.1 The Company undertakes regular checks of the boats, PWC’s hired and used for training tuition, RIB rides, RIB/boat charter before its hiring in accordance with the manufacturers’ and RYA 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, RIB ride, RIB/boat charter, Fun day.
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. FUEL
7.1 In the case of Training Courses, RIB/boat charter, the Price shall not include the fuel costs. The Hirer shall pay the fuel charges at pump prices (and the cost will be divided equally between the activity participants).
7.2 Before the commencement of the Training Course, RIB/boat charter the boat shall be fuelled to maximum capacity & proved in the Hirers’ presence and upon the completion of the Course, RIB/boat charter, the Hirer shall be liable for the cost of the re-fuelling of the boat to maximum capacity at pump prices.
8. INSURANCE
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 eleven (11) Hirers are allowed on a boat for RIB rides, RIB/boat charter, Fun Days and three (3) Hirers for Training Courses, not including the Company’s qualified instructor, skipper 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. LIABILITY
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 in the Company’s car park at the owner’s risk. The Hirer must leave the keys to the vehicle with the Company’s authorised personnel and consent to their moving the vehicle within the car park space to facilitate the movement of boats in the yard. 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.
12. BREACH
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, RIB ride, RIB/boat charter, Fun Day 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 Company.
13. LAW
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 courts.