Terms & Conditions
Please read these terms and conditions carefully before booking.
In these conditions and the Agreement the following words have the following meanings:-
“Booking” means the legally binding agreement between You and the Company which is evidenced by your Booking request and the Booking Confirmation and is made on the basis of these Conditions
“Booking Confirmation” means the written confirmation issued to You by the Company confirming the key particulars of the booking
“Booking Period” means the period that you have booked for, as stated in the Booking Confirmation
“Company” means Wessex Rose Ltd of PO Box 51, Hornsea, HU18 1WH (registered office)
“Conditions” means these Booking Conditions
“End Date” means the end date in the Booking Confirmation
“Price” means the price in the Booking Confirmation
“Start Date” means the start date in the Booking Confirmation
“You” means the person or persons named in the Booking Confirmation. If there is more than one of You each of You shall be individually responsible for complying with the terms of the Booking.
“written” means that the item has been printed, typed, written out by hand or sent or displayed by email or other electronic means
2.1 Your Booking only comes into existence when the Company sends out the Booking Confirmation. A provisional or conditional booking is not binding and You may cancel it at any time before the Booking Confirmation is sent out to You by the Company. Similarly the Company may allocate the spaces that are the subject of your Booking to another party at any time before a Booking Confirmation has been sent to You. The entire agreement between you and the Company is contained in these Conditions, the Booking request and the Booking Confirmation.
2.2 Nothing in these Conditions affects Your statutory rights.
3. PRICES AND PAYMENT
3.1 The Company’s advertised prices are in pounds sterling and include Value Added Tax and any other applicable government taxes. If the rates of VAT, or any other applicable government tax are changed so that a different rate applies to your Booking any difference will be charged or refunded to You as the case may be.
3.2 The Company reserves the right to correct errors in advertised or quoted prices at the time of Booking Confirmation.
3.3 Payment is deemed to have been made when cleared funds are received by the ‘Company’ . Payment of deposits and final balances can be made by debit or credit card through our secure payment gateway Payzone, by direct bank transfer to the Wessex Rose Ltd bank account or by cheque made payable to Wessex Rose Ltd. Cash is the preferred payment method for on board purchases.
3.4 The deposit is payable at the time of the Booking request.
3.5 The balance of the Price is due not less than eight weeks before the start date as shown in the Booking Confirmation. Time of payment shall be of the essence.
3.6 For Bookings made less than eight weeks before the start date You must pay the full Price at the time of the Booking request.
3.7 The Company may charge interest at 3% p.a over Bank of England base rate on any money which is overdue from the due date until the actual date of full payment.
4. YOUR PARTY
Personal agreement and obligations
4.1 The Booking is made between You and the Company and is personal to You. Your identity is a material factor in the Company’s decision to make the Booking. You must be at least 18 years of age at the time of booking. You must be authorised by all other members of Your party to enter into the Booking on their behalf. The full names and permanent addresses of all members of Your party must be provided to the Company at the time of booking. All changes in Your party (the addition, substitution or removal of any member of the party) which take place at any time after the Booking Confirmation has been issued must be communicated in writing and approved by the Company (such approval is not to be unreasonably withheld). You are responsible for making all members of Your party aware of the terms of the Booking.
School parties, youth groups, hen or stag parties, business purposes
4.2 The Company’s general policy is that it will not enter into Bookings for school parties, youth groups, hen or stag parties. If the Company later becomes aware that Your party actually falls within this policy but that You have not disclosed it to the Company then the Company may terminate Your Booking. In this event the deposit and any other part of the Price which you have paid at that time will be retained by the Company and you will remain liable to pay the balance of the Price.
4.3 No children under 16 will be carried other than by agreement on private charter cruises, full boat bookings and/or by special arrangement and any passengers under 18 must be accompanied by a parent or responsible adult. We are unable to carry any pets other than by special arrangement on private charter cruises or full boat bookings.
4.4 Where You or a member of your party has special dietary requirements, please discuss this with us prior to making a Booking, as we cannot guarantee that we will be able to comply with any such requirements notified to us after the Booking Confirmation has been issued.
5. CANCELLATIONS AND CHANGES REQUESTED BY YOU
5.1 The Booking is a legally binding contract and may only be cancelled or changed in accordance with these Conditions.
5.2 If You want to cancel or change Your Booking you must give the Company written notice. The date of receipt of the written notice shall be the effective cancellation date but in order to increase the prospects of re-letting the cabin(s) You should pre-advise the Company of the impending cancellation or change by telephone.
5.3 If You cancel your Booking, You will forfeit all sums paid to the Company at the effective cancellation date and You shall pay to the Company the balance of any sums due should the Company make a request in writing for payment of the full amount due in respect of the Booking.
5.4 If the Company re-lets the cabin(s) to a new customer for the Booking Period or part of it the Company will return the sums which You have paid for the Booking, in respect of any days for which it has re-let the cabin(s) after deducting an administration fee of £50 in total together with any payment charges which the Company has incurred.
5.5 The Company strongly recommends that you obtain adequate holiday insurance to cover cancellation, luggage and personal possession risk.
6. CANCELLATION BY THE COMPANY
6.1 The Company may cancel the Booking by written notice in the following circumstances:
6.1.1 For any of the reasons described in Conditions 4.2,
6.1.2 If in its reasonable opinion embarkation or the continuation of the Booking will adversely affect the safety of any person or property. (In the event that embarkation is prevented and provided that You have fully complied with your obligations under this Agreement) the Company will refund the deposit and any other monies which You have paid to the Company and the Booking shall be discharged without further liability on either party. Where the Booking has to be cancelled during the Booking Period, the refund shall be pro-rated to reflect the portion of the Booking already spent).
6.1.3 For non-payment of any sum due under the Booking
6.1.4 For any material breach of Condition 8.
6.2 The Company is entitled to recover from You any loss which it suffers as a result of cancellation under Condition 6 and it may retain all or part of any payments which you have made as security for such claims. Subject to this if the Company is able to relet the cabin for all or part of the Booking Period it will give credit for the net sums received as a result of such re-letting and shall prepare and submit to You an account of its claim and of any payment which may be due to You or to the Company within 7 days of the End Date.
7. EMBARKATION AND DISEMBARKATION
7.1 The cabin will normally be available at the date, time and place shown in the Booking Confirmation, subject to the provisions of Conditions 7.4 and 7.5.
7.2 You must notify the Company as soon as possible if Your estimated arrival time is delayed or disrupted. Where other parties have booked the cabin at the same time as You, the Company cannot guarantee that it will be able to wait for you and may at its option elect to treat this as a full or partial cancellation under these Conditions. There will be no rebate of the Price for late arrival nor will the Company accept responsibility for any overnight costs which You may incur if you fail to reach the boat on time.
7.3 In the event that the boat is not available on the Start Date due to any circumstance for which the Company is not responsible (for example adverse weather or navigation conditions, damage, mechanical breakdown) the Company may substitute a boat providing similar accommodation but if no such boat is available the Company shall immediately refund You with the deposit and any other payments You have made. For the avoidance of doubt this clause 7.3 shall not apply in circumstances where a cabin is available but the boat is prevented from cruising, in which circumstances the provisions of clause 9 shall apply.
7.4 The Company reserves the right to change the places of embarkation and disembarkation for operational reasons or for reasons beyond the reasonable control of the Company. If the Company exercises the right in this clause 7.4, the Company shall organise the transport that is reasonably necessary for You and Your party as a result of that change.
7.5 The Company shall endeavour to keep to the agreed cruising schedule and timetable, however the Company reserves the right to make changes to the schedule should navigational difficulties or other events beyond the reasonable control of the Company so require.
8. SAFETY AND OTHER RULES
8.1 When on the boat You are required to comply with our Safety Rules, a copy of which is available on request.
8.2 Pets are not allowed on the boat.
8.3 No smoking is allowed on the boat.
9. EXCLUSION AND LIMITATION OF LIABILITY
9.1 The Company shall not be required to refund any part of the Price, nor be liable to pay any compensation, damages, costs or expenses for any claim arising from any cause beyond the Company’s reasonable control which could not have been mitigated or avoided by the Company including but not limited to:
· Loss of or damage to any person’s property (including the boat);
· non-fulfilment, interruption or delay to the Booking;
· breakdowns, mechanical problems, latent defects, damage to the boat;
· restrictions on cruising, obstructions, repairs, damage or closure of waterways, non availability of routes, navigational works, storms, floods, droughts, ice, shortage of water or other weather or climactic conditions;
· rationing, shortage or non availability of fuel;
· consequential loss, damage or expense which You incur including the cost of alternative transport, accommodation or other holiday provision.
9.2 The Company’s total liability to You and any person claiming through You in respect of all claims which may arise under the Agreement (other than in respect of claims for personal injury or death due to negligence on the part of the Company) shall be limited in aggregate the Total price actually paid by You to the Company in respect of the Agreement in question.
Whilst every effort is made to ensure the accuracy of the contents of web site, brochure and other publicity material the Company shall not be liable for any inaccuracies which may occur.
If Your party includes any infirm or disabled persons You should make relevant enquiries at the time of booking. A copy of our access statement is available on request.
11. LAW AND JURISDICTION
11.1 This Agreement shall be governed by the law of England and Wales.
11.2 Any dispute arising under this Agreement shall be submitted to the exclusive jurisdiction of the Courts of England and Wales
12. DISPUTE RESOLUTION
12.1 British Marine and the Royal Yachting Association recommend that disputes arising under this form of Agreement which cannot be resolved by negotiation, should, with the written agreement of the Parties, be submitted to mediation or failing that to arbitration under the British Marine Dispute Resolution Scheme, which is approved by the Royal Yachting Association.
12.2 Matters suitable for arbitration shall be submitted to a single Arbitrator in accordance with the British Marine Dispute Resolution scheme. The provisions of the Arbitration Act 1996 shall apply.
13. THIRD PARTIES
Only the named parties to the Agreement may enforce the terms of the Agreement. The parties agree that the Contracts (Rights of third Parties) Act 1999 shall not apply to this Agreement.