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Terms and Conditions of Hire
- This is a legally binding contract between Heulwen Trust and the Hirer. The Heulwen Trust is also referred to as "Trust", "we" and "us"
- The Hirer is the person who completes the booking form. This person must be over 21 years of age, accepts and adheres to these terms and conditions and is responsible for ensuring all members of the hire group accept and adhere to these terms and conditions. The hirer is referred to as "you"
- Hire period for day trips on our boats, start and finish times will be confirmed with the Trust's Skipper depending on the Hirer's request. Start and finish times must be between 10am to 4pm
- The boats can accommodate up to a maximum of 12 passengers including support staff and with no more than 2 wheelchairs of a standard size.
- The Trust will provide a skipper and crew who are responsible for the operation of the boat only and not hire group members.
- No smoking or E cigarettes are allowed in any part of the boat.
- The trust has a risk assessment to ensure the identification and effective management of potential health and safety risks. However, all users group leaders must carry out their own risk assessment in advance of the trip and must report any risk areas particular to the group to the skipper before boarding the boat.
- All rubbish will be removed by you and the boat left in a clean condition.
- The Heulwen Trust reserves the right to cancel a trip where there is an inadequate proportion of support staff to persons needing support or under any other circumstances where the Trust's Skipper believes it is unsafe to continue (this might for example include weather conditions, condition of the vessel or passenger behaviour.
- Please be aware that although our boats have several adaptations, the boat is not adapted to cater for every disability or medical condition.
- The booking form must be returned within 10 days of the provisional booking being acknowledged.
- A provisional booking is only accepted as a confirmed booking once the booking form has been duly completed, signed and returned to us.
- Until the booking is confirmed, it can be cancelled at any time without prior notice.
- The contract exists between the Hirer and the Trust once the booking is confirmed.
- For day trips on our boats, start and finish times will be confirmed with the Trust's Skipper depending on the Hirer's request.
- Start and finish times must be between 10am to 4pm.
- Our Boats can accommodate up to a maximum of 12 passengers including no more than 2 wheelchairs of a standard size.
- The Trust will provide a skipper who is responsible for the operation of the boat and not hire group members. Please refer to the Trust's Safeguarding Statement on the Trust's website. A copy will be provided on request.
When booking the following details of the hire group must be advised:
- The name of the leader of the hire group
- The names of people in the hire group.
- The number of people with disabilities.
- The number of wheelchair users. (maximum 2)
- The number and ages of children who may require buoyancy aids.
- The number of assistance animals or pets to be on board (maximum 2)
- Please be aware that although our boats have a number of adaptations, the boat is not adapted to cater for every disability and medical conditions. If any member of the Hirer's group has a disability or medical condition this should be explained on the booking form and the Hirer should bring it to the attention of the booking coordinator.
It is essential that hire groups contain sufficient numbers of able people to ensure safety at all times. The Trust requires all hire groups to observe the following responsibilities:
- There must be one person who is in charge of the group.
- The person in charge must be familiar with the appropriate safety rules and ensure that members of the hire group follow them.
- There must be sufficient people who are not disabled in any way to care for those who are disabled.
The Trust reserves the right to cancel any booking where an inadequate proportion of carers to disabled persons occurs and/or where the responsibilities outline in Section 9 are not adhered to and where the Trust's Skipper believes that it is unsafe to continue (this might for example include weather conditions, condition of the vessel or passenger behaviour). In the event of such cancellation, the Trust will be entitled to retain the hire payment, but no liability will be accepted for any expense or consequential damages or costs howsoever incurred by the hirer in consequence of the cancellation.
Should any member of the group have an accident whilst on the Trust's property, please report this immediately to the Trust's Skipper and follow the given instructions.
- The Trust insures the boat and its equipment and inventory against public liability risks. The Trust's insurance does not cover personal accidents or loss of damage to personal effects. Hirers and members of the hire group are advised to take out their own personal insurance cover.
- The Hirer will indemnify the Trust against all costs, damages, expenses, liability and claims howsoever arising from the negligence, neglect or default of the Hirer.
- The Trust reserves the right, at our sole discretion, to require reimbursement from the Hirer of any repair or other costs howsoever arising caused by the actions or inaction of the Hirer or any member of the hire group. The Hirer shall pay us any such repair or other costs within 14 days from the date of our account rendered, failing which we shall at our discretion, charge the hirer interest on the outstanding debt at the commercial rate of Barclay's Bank plc +4%.
- Should we receive from insurers any reimbursement in respect of the damage for which the hirer has reimbursed to us, we shall re-pay such proportion of the monies forthcoming from the insurers to the hirer as in our entire discretion we consider reasonable. The hirer shall be responsible for the uninsured excess of £250 in any event.
- Parking within the Wharf is restricted to unloading and loading only.
- Vehicles may be left in the Trust's car parks at the vehicle owner's risk. The Trust 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 Trust's negligence or that of those for whom the Trust is responsible. Hirers are particularly advised not to leave any valuable or portable items in the vehicle.
- The Trust shall take such action as may be necessary to silence car alarms in the Trust's car parks and to recover the costs from the Hirer.
- The Trust takes no responsibility for the personal possessions of the Hirer or members of the hire party.
- The Trust 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 Trust.
Assistance animals and pets
- A maximum of 2 assistance animals and pets are allowed subject to the Trust’s agreement. (Registered assistance animals will not be charged for.) All animals must be house trained, and the number and type of animal must not exceed what was agreed at the time of booking, otherwise a breach of contract will be deemed to have taken place.
- Animals must not be left unaccompanied in our boats at any time and must not be allowed on the furniture. The Hirer shall be liable for all damage caused any guidance dog and/or pet belonging to the hire group. A charge will be made for any additional cleaning required. The Trust cannot be held responsible for any accident or injury to an animal during the trip.
- All assistance animals and pets must be recorded on the booking form.
- Whilst every effort has been made to make the boats accessible to people in wheelchairs the maximum size that can be accommodated is a wheelchair with a width of up to 28" (71cms).
- No mobility scooters will be allowed on our boats.
- No wheelchair which weighs more than 300kg including the user is permitted to be used on board our boats.
- The Hirer and all other members of the hire group must behave at all times with due consideration for other waterway users, hirers of the Cottage and Chalets and local residents. Local waterway rules and regulations must be observed at all times.
- The hire group must adhere to the Trust's Skipper's instructions and listen to the safety briefing.
- The hire group must use the path that runs parallel to the lane to access the Wharf to board our boats. Access to other areas of the grounds and the Cottage and Chalets is not permitted to respect the privacy of any occupiers.
- The hire group must not take on or to have on our boats, without the Trust's prior written permission, any dinghy, canoe, kayak, bicycle, lighting equipment, television set, electrical appliances, inflammable liquids or substances, gas cylinders, barbeques, car batteries, firearms, hoists, or any other equipment which may cause danger or hazards.
- Smoking is not permitted at any time on board our boats. Candles are also not permitted.
- The toilet must be kept in a clean and sanitary condition. It is essential that no items be flushed into the toilet, such as disposable nappies, wet wipes, sanitary towels, tampons and/or applicators. Only 2 ply toilet tissue may be used and will be provided. It the toilet becomes blocked the Trust reserves the right to charge the Hirer up to £150.
- The Trust retains the right to make an additional charge for cleaning should our boats not be left in a similar condition to the way it was found at the start of the hire.
- The Hirer should make every effort to keep our boats and all contents in the same state of repair and condition as at the start of the hire period. Any accidental damage or breakages should be reported to the Trust's Skipper prior to departure. The Trust retains the right to make an additional charge for damage and breakages although it should be noted that minor breakages and reasonable wear and tear (in the opinion of the Trust) will not be charged for.
- Children and vulnerable adults must be supervised at all times.
- The specification of our boats, facilities and equipment in marketing material is intended as a general guide, but the Trust 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.
- The Trust reserve the right to change our boat's specifications without prior notice.
- The Trust shall not be liable for any matters arising from any cause beyond the Trust's reasonable control or not due to the Trust's negligence or willful 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 should consider taking out personal holiday insurance cover.
- Every endeavour is made to ensure your day trip with us is memorable for all the right reasons. However, we do recognise that from to time things do go wrong. In these circumstances, it is the responsibility of the Hirer to make any such problem known to the Trust's Skipper immediately it becomes apparent, thereby giving us the opportunity to correct the situation. We will make every endeavour to rectify any identified problems as soon as is reasonably possible.
- The Trust 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 used by another hirer and may not be available for inspection.
- Should you wish to make a formal complaint please refer to the Trust's Complaints Procedure which can be found on the Trust's website page: https://www.heulwentrust.co.uk/?page_id=384
- Cancellation of the booking by the hirer should be made in writing and addressed to us.
- The contract between the Trust 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 Trust at their option may bring any legal proceedings against the Hirer from courts in any other country.
- No indulgence, forbearance or delay by the Trust 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.