Terms & Conditions

Terms and Conditions – Bloomsbury Boats Ltd– Hire Terms – updated 2024
1. Definitions

In this agreement: ‘the Company’ means Bloomsbury Boats Ltd/Bathampton Canal Boats and Subsidiaries who act as agents for Boat Owners. ‘the Hirer’ or ‘Skipper’ means the person named on the booking confirmation who is in charge of the party. Where there is more than one Hirer they shall be individually responsible and liable under this agreement. ‘the Boat Owner’ means the person (corporate or otherwise) who owns the boat that is hired to the Hirer under the terms of these Conditions. ‘the Conditions’ means the conditions set out in this form. ‘the price’ means the price for the booking set out in the booking confirmation. ‘the start date’ means the date when the booking starts as set out in the booking confirmation. ‘the end date’ means the date when the booking ends as set out in the booking confirmation. ‘the period of hire’ means the period between the start date and the end date. ‘Passenger/party/parties/crew’ refer to the other people that the Hirer has grouped together in order to embark upon a canal holiday that the Hirer remains in charge of.

2. Booking Agreement
The parties acknowledge and agree that the Company is acting for the Boat Owner and is authorised to enter into contracts with Hirers on behalf of Boat Owners and to collect payment from Hirers and to otherwise manage the hiring of boats to Hirers. A booking is a legally binding contract between the Hirer and the Boat Owner. Submission of a completed booking form (electronically or written) is an offer by the Hirer and the booking agreement is made only if and when the Company gives a written boat hire confirmation (electronically or written). Telephone bookings do not create legal agreements and any offer by the company to hold a reservation is not legally binding until the written/electronic  boat hire confirmation is issued. The entire contract between the Boat Owner and the Hirer is contained in these Conditions and the booking form and to the extent permitted by law no representations, terms, warranty or condition expressed or implied shall be deemed to be or have been made or agreed or imported by reference to any other writing, advertisement or conversation. No agent, servant or representative of the Company has any right to alter or vary or waive any of these conditions. Nor is any such person authorised to undertake any liability whatsoever on behalf of the Boat Owner. These conditions can only be varied with the written permission signed by a Director of the Company. The Hirer will be deemed as the person who makes the holiday booking, agrees the Terms and Conditions and will lead/be responsible for the party (ie ‘the skipper’) therefore must be present for the boat trip. If this is incorrect upon arrival then a new lead skipper must be appointed by the Hirer and they must acknowledge this by signing the terms and conditions, as well as the boat acceptance certificate upon departure. The Hirer acknowledges that no statement or representation which may have been made by or on behalf of the Company or the Boat Owner induced the Hirer to enter into the contract and that any such statements or representations do not form part of the contract. Any liability of the Company or the Boat Owner and any remedy of the Hirer in respect of any such statement or representation is excluded save in so far as liability in respect of any particular statement or representation may not be excluded by law. In accepting a booking, the Company’s and the Boat Owner’s responsibility does not extend beyond the provision of the boat and in particular there is no warranty that any particular route will be available for navigation during the period of hire. Where more than one boat is booked on the same booking form each boat shall be deemed to be the subject of a separate contract. Bookings, including optional extras, are taken subject to availability on the start date.

The Hirer must be aged 21 years or over. There needs to be a minimum of two competent persons on each boat to enable safe navigation. Although there is no age limit for driving the boat, the Hirer warrants that whenever the boat is driven by a person aged under 18 years old they will always be under the close supervision of a competent adult. Where a boat is occupied by a group the Hirer warrants that at all times a responsible person aged more than 21 years will be in charge of the group. The Hirer must provide on the booking form full details of all persons in their party. The Company or the Boat Owner may at their discretion cancel any booking made in contravention of this condition before or at the start date. The Company or the Boat Owner may at their discretion cancel the booking and refuse to hand over the boat to any person or group who in its opinion is not suitable to take charge on the grounds of infirmity, ill health, disability, suspected influence of alcohol or drugs or who have failed to demonstrate a reasonable standard of competence following appropriate instruction in boat handling. The Company or the Boat Owner may repossess the boat at any time if in the opinion of the Company or the Boat Owner the Hirer is unsuitable for the reasons given above or if the Hirer is not behaving responsibly or if the boat or any persons are at risk. In this event as the holiday period is deemed to have started the Hirer shall remain liable to pay the hire price and no refund shall be due. The Company does not  hire to all male or all female parties, especially ‘hen ‘or ‘stag’ groups . If the Hirer does not declare the correct adult names on the confirmation/booking form as well as incorrectly stating that the party is a ‘mixed gender, non stag/hen party’ when it isn’t  before or after the vessel is handed over  the company may repossess the boat without warning and the hirer  will not eligible to a refund.

4. Cancellations and Changes

The agreement including the payment terms is a legally binding contract and may not be cancelled or amended except as provided in the Conditions. Should the Hirer wish to cancel or amend the booking they must advise the Company immediately by telephone and at the same time send/email written confirmation. This must be done in writing or by email no less than twelve weeks prior to the commencement of the Hire It is suggested that hirers take out Cancellation Protection, or other similar protection, which ensures that monies are refundable in the unfortunate event of them being prevented from taking their holiday. In the event of the circumstances not being covered by Cancellation Protection the company will endeavour to rebook the boat for another slot in the same calendar year. If the Hirer is unable to do this the Hirer will remain liable for the full costs of the Hire for any cancellation by the Hirer within twelve weeks prior to the commencement of the Hire. The Company reserves the right to withhold 25% of the cost of the Hire in all cases longer than 12 weeks.

The hire period is as shown in the booking confirmation. The Company will endeavour to have the boat ready for the Hirer by the time stated on the booking confirmation on the start date. The hirer must notify the Company of any likely delay in arrival as soon as possible by telephone or sms text message. Before the Hirer departs with the boat the Company will give the Hirer such instructions, demonstrations and trials as it thinks fit and require the hirer to check and sign for the contents, inventory and Boat Acceptance. In the event that the boat is not available because of circumstances beyond the Company’s or Boat Owner’s control the Company may substitute a boat of similar accommodation, but if no such boat is available the Company shall refund any payments made but shall not otherwise be liable and the contract shall be discharged. Substitution of a boat of similar accommodation will create a new contract between the Hirer and the Boat Owner of the new boat subject to all the terms set out in these Conditions and the booking form. The boat shall be returned to the Company’s hire base and be vacated in a clean and tidy condition no later than the time stated on the booking confirmation on the end date. Hirers are responsible for ensuring that their cruising schedule allows time for unforeseen contingencies so as to permit their return and vacation of the boat by the scheduled time. Breach of this condition will incur a minimum additional charge of £75 per hour or part thereof. In addition, the Hirer will be liable for any extra costs and/or damages incurred by the Company and or the Boat Owner as a result of the boat not being available on time for the next Hirer.. Where the Company has to recover a boat and return it to the base, the Hirer shall be liable for all the costs involved. In all cases involving extra cost s as detailed above the company will reserve the right to take this from the deposit and invoice any additional charges over the deposit separately. Where operational circumstances make it necessary the Company reserves the right to require the boat to start from or return to a place other than its normal base of operation. In such circumstances the Company will where necessary provide transport to the original base. All hirer’s or assigned drivers of the boat must have acceptable eye sight to drive the boat. Additionally, if during the handover it is evident that no member of the party can safely operate the boat (in very rare circumstances) the hirer reserves the right to cancel the holiday.

Prices are inclusive of any V.A.T. which may be chargeable and are subject to any change in the V.A.T. rate prior to the settlement of the price in full. The booking confirmation and booking statement are not V.A.T. invoices. Prices are in pounds sterling. The Hirer shall reimburse the Company on demand for any expenses incurred in the conversion of foreign currencies, bank charges, special clearance, re-presenting cheques, processing payments or otherwise in obtaining cleared sterling funds of the amount due on the due date. Payment is not made until cash or cleared funds have been received by the Company. The booking deposit must be sent with the booking application and unless otherwise stated is 25% of the hire price. The balance of the price is due not less than 12 weeks before the hire start date. Time of payment shall be of the essence of the contract. For bookings made within 12 weeks before the hire start date payment in full must accompany the booking form. Without prejudice to any other rights of the Company it may charge interest (both before and after any judgement) at the rate of 3% over the Company’s bankers base lending rate on any monies due from the due payment date until the date of payment and interest shall accrue from day to day.

The Company insures the boat and its equipment and inventory against public liability risks whilst on the boat. The Company’s insurance does not cover personal accidents or loss or damage to personal effects. Hirers and their crews are advised to take out their own personal insurance cover.  The deposit taken before the trip to cover  any damage to the interior but also includes damage to the exterior arising from speeding, contact with a lock cill causing damage to the rudder, stern gear, TV aerials, chimneys, negligence, malicious or intentional damage to the boat, as well as  malicious or intentional damage to other boats and property and the late return of the boat and return of the boat in unclean condition. The Hirer will indemnify the Company and the Boat Owner against all costs, damage, expenses, liability and claims however arising from the negligence, neglect or default of the Hirer to the extent that they are not covered by the Company’s policy.

8. Safety and Other Rules

The Hirer agrees to comply with the following rules at all times for the health and safety of the persons on the boat and other persons and for safeguarding the boat and other property: Children must be supervised at all times by an adult and must be accompanied stepping on and off the boat, especially in an emergency. The hirer also agrees not to tow other craft or allow the boat to be towed except under professional assistance in the event of breakdown or emergency. Not to cruise between sunset and sunrise. The boat is only equipped for cruising during daylight hours. To observe all speed limits, not to race and not to cruise at a speed which creates a breaking wash or disturbs or inconveniences other waterway users. Not to take or have on the boat without the Company’s prior written permission any dinghies, canoes, inflatables, portable heaters, bicycles, vehicles, lighting equipment, t.v. sets, hi-fi/sound systems , electrical appliances, (other than razors) inflammable liquids or substances, gas cylinders, barbecues, car batteries, fire arms or any other items which might create dangers or hazards. Not to use the boat for business purposes. Not to allow on the boat at any time more than 12 persons. To give way to laden or unladen cargo boats, sailing craft, rowing boats and other human propelled craft. Not to take the boat to sea or on tidal waters (such as the Avon between Bath and Bristol) .Not to have or carry any live fishing bait on the boat. At all times to observe all bylaws, navigational limits or instructions and advice of CRT and other navigational authorities and the Company and their respective officers and employees. To comply with any mooring restrictions and charges, and to be responsible of any fines levied for not doing so. The Company and the Boat Owner reserve the right at their discretion without liability to restrict cruising areas or routes in the light of prevailing conditions. Smoking is not allowed  inside or outside the boat especially at the stern or bow. Entry on to the roof of the boat except for in an emergency is forbidden – all hirers/passengers/members of the party who do so is entirely at their own risk  All exterior painted surfaces of the boat that any passenger comes into contact with should be considered as slipping hazards dry, wet or damp and the hirer’s must wear appropriate footwear and should always hold on to the side of the boat when standing near the side. When the hirer/party leave the boat for any reason great care should be taken in regard to tripping/falling as well as off the boat (in and around locks/swing bridges/canal infrastructure etc) and the hirer will indemnify the Company against any personal injury caused. The hirer will make sure that all doors shall be kept unfastened  when on board for exit during an emergency. No obstructions must be placed in any corridor or stairs either. In a lock the hirer must make sure that all passengers are within reaching distance of an exit and readily instructed throughout their trip not to use the toilet/bathroom/shower whilst in a lock. 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. The Hirer agrees to the vessel being tracked via GPS. The hirer must insure that when the wood burner/stove is being used the fire guard cage is covering the unit if children are present. It must be also used if people are sleeping in the lounge especially when the sofa bed is open. All clients are advised that the height of the bow main bedroom bed is over 1 metre in height so users accept the risk of falling before using it to sleep on. Wifi is available on request – the present allowance is 5GB per customer – details will be given to the hirer at the start of their holiday regarding how to check the balance and make sure they stay within it. If a hirer downloads outside of the data allowance  a cost will be incurred from the hirer to top up the data for the next hirer. Hirer’s should make sure all doors are fastened  if loose to stop trapped limbs/fingers in windy conditions. Gunwales down the side of the boat should only be used in an emergency and if so both hands should be firmly kept on the top side of the roof. Hirer’s should also pay close attention to when they are putting rope around posts or through mooring rings and make sure that their fingers/limbs do not get trapped if the boat is still moving. 

9. Accidents

The Hirer is in charge of the boat and is responsible for its safe navigation and return. In the event of any accident or damage to the boat other craft or the waterway the Hirer must:-Obtain and record the name and registration number of the other boat and names and addresses of all parties involved including the other boat owners and other hirers. Notify the Company by telephone immediately with full details of the accident including damage incurred. NOT IN ANY CIRCUMSTANCES ADMIT OR ALLOW OTHER PERSONS ON THE BOAT TO ADMIT LIABILITY TO ANY OTHER PERSON. Not to carry out or have carried out repairs without the consent of the Company or the Boat Owner. Obtain and follow the Company’s instructions. In the event of an accident the Company may repossess the boat and the hiring contract shall then terminate without liability on the Company or the Boat Owner. In the event that the Company’s insurance cover is prejudiced or invalidated by any failure on the part of the Hirer to comply with the provisions of this condition the Hirer shall indemnify the Company and the Boat Owner in respect of all liability claims, loss, damage or expenses incurred. The Hirer is liable for and shall indemnify the Company and the Boat Owner against any claim or charge made by any Navigation Authority for damage to waterway property or loss of water.

The Hirer shall take reasonable care of the boat, its equipment and contents, and shall return them at the end of the hire period in accordance with the Company’s instructions and in good clean and tidy order and condition. The Hirer shall notify the Company in the event of breakdown, damage, theft or loss and shall provide full details and comply with the Company’s instructions. The Hirer must not undertake or have undertaken any repairs, adjustment or service without the Company’s prior approval. Any repairs or replacements by the Hirer without the Company’s approval will not be accepted. The Hirer shall be responsible for getting the boat off mud banks or other grounding and for removal of weeds, rope and other matter from propellers. The Hirer shall notify the Company if any of these operations cannot be carried out without risk of accident or damage. The Hirer shall have no claim on the Company or the Boat Owner as a result of breakdown or failures of the boat and its equipment or for any delays caused by repairs to the boat. The Hirer shall comply with the Company’s instructions; otherwise the Hirer shall be liable for any loss or damage incurred. The company will not be liable for any breakdown of swing bridges, locks or any other river/canal infrastructure that results in limited cruising area. Any blockage of the toilet will result in the Hirer paying for it to be unblocked /repaired. The Hirer should conserve water as much as possible and it is their responsibility for filling up with water if during their stay the tank is emptied. If the toilet tank fills up to maximum or the cooking gas runs out during their stay the hirer will notify the owner who will assist either by phone or in person to service these. In the unlikely event of running out of diesel again the Company will assist in a similar manner but again the Hirer will indemnify the company for such instances. The Hirer must observe warning lights/audible buzzers on the engine control panel and must moor up immediately and stop the engine and notify the company at once. Instruction will be given additionally to using, conserving and replenishing electricity before hiring and any contravening of these rules through excessive battery drain will incur a charge to replace defunct batteries – maximum £500. The primary source of heating on the boat will be agreed to be the wood burner an if the client additionally chooses to use the secondary heating  source  (the eberspacher) there is no guarantee that the unit will provide continuous heat  throughout their stay due to the shut off nature of these units.

The Company will be under no liability for any loss of or damage to Contents/possessions of the hirers or other peoples property on the boat or elsewhere or howsoever caused except by the Company’s negligence or that of those for whom the Company is responsible. If parking is provided either through the company or by a third party the hirer accepts full responsibility for any damage caused to their vehicle and the company will provide no insurance for such circumstances except by the Company’s negligence.  Hirers are particularly advised not to leave any valuable or portable items in the car. The Company may return hirer’s property left behind if claimed and following the receipt of payment for postage and packing (minimum charge £10). Property not claimed within two months from the end date of the holiday will be disposed of by the Company.

12. Pets

Up to 2 pets are allowed on the boat as long as they are well behaved and properly controlled by the owners to avoid damage to the interior/exterior. The damage deposit will be used to deduct a cleaning fee if for any reason the boat is not returned in the same condition that it was handed over. If the next hire party is delayed due to Bloomsbury Boats Ltd taking longer to clean, repair and/or replace items the damage deposit may also be used to reimburse lost time, travel expenses, refreshments and any other associated expenses. All owners must bring beds for pets to sleep in, have old towels to clean feet/fur and mats to go under bowls to stop spillages. All pets are not allowed on the sofa or beds 

13. Complaints

The Hirer shall check the boat, its contents and equipment fully immediately after taking possession of the boat. In the unlikely event of any alleged deficiencies or shortcomings the Hirer must notify the Company before they leave the boat. The Hirer shall sign the Boat Acceptance form before departure and thereafter the Hirer is completely responsible for the boat, its equipment and its operation until it is handed back to the Company at the end of the period of hire. Any shortcomings subsequently discovered shall immediately be notified to the Company by telephone in order to give the Company the opportunity to take any necessary remedial action. The Company and the Boat Owner shall not be liable in respect of any matter which is not so notified immediately and in any event shall not be liable in respect of any matter which is notified after the end of the hire period, as the boat may then have been taken over by another hirer and may not be available for inspection.

The Company [and/or] the Boat Owner shall not be liable for any matters arising from any cause beyond the Company’s [and/or] the Boat Owner’s reasonable control or not due to the Company’s [and/or] the Boat Owner’s negligence or wilful default including (without limitation) death or personal injury of Hirers their crew and passengers, loss or damage to property, non-fulfilment or interruption of the booking or delays, breakdowns, mechanical problems, defects, damage, restrictions or obstructions, repairs or damage to waterways, non availability of routes, navigational works, storms, floods, droughts, ice, shortage of water or other weather conditions, rationing, shortage or non availability of fuel or in respect of any consequential loss, damage. expense, injury, or claim. Hirers are recommended to take out personal holiday insurance cover.

The specification of boats, their accommodation, facilities and equipment in marketing material is intended as a general guide, but the Company and/or the Boat Owner shall not be liable in the event of any differences in the boat supplied and reserves the right to make modifications. Layout plans are for guidance only and are not to scale and may have steps which are not shown. If the hirer’s party includes any infirm persons the Hirer should make relevant enquiries at the time of booking. The Company and/or the Boat Owner reserve the right to change boat specifications without prior notice.

Any dispute difference or question which may at any time arise out of the booking contract may be referred at the Company’s sole discretion to a single arbitrator to be agreed between the parties The decision of such arbitration including any direction as to payment of fees and costs in the arbitration process shall be binding on both parties.

The contract between the Boat Owner and the Hirer shall be deemed to have been made in England and shall be governed in all respects by English law. The Hirer shall submit to the jurisdiction of the English courts provided that the Company and the Boat Owner at their option may bring any legal proceedings against the Hirer from courts in any other country.

No indulgence, forbearance or delay by the Company or the Boat Owner shall constitute any bar to its enforcement of its rights at any time and no waiver in respect of any breach shall operate as a waiver in respect of any other subsequent breach.