The Booking conditions detailed below apply to any bookings that you make with us and should therefore be read carefully. They contain some exclusions and limitations of liability. If any part of these Booking Conditions is found to be invalid or unenforceable, then the remainder of these Booking Conditions will not be affected and will remain valid and enforceable. All the vacations in this brochure are operated by Crown Travel Limited trading as Le Boat (hereinafter called ‘Le Boat’, ‘the company’ or ‘we’), registered office TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex, RH10 9QL, registered number 02095375, a member of the TUI Travel Plc group of companies and are sold subject to the following conditions:
Crown Travel Ltd is a Member of ABTA with membership number V6650. ABTA and ABTA Members help vacationmakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact www.abta.com.
1. Your Contract
As you are booking arrangements other than a package vacation (as defined in the Package Travel, Package vacations and Package Tours Regulations 1992) from this brochure, the arrangements will not be financially protected. The person making the booking (the ‘lead name’) must be 18 years old or over (21yrs or over in Ireland) and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone in their party.
You will be expected to pay 35% of the vacation cost as deposit at the time of booking. If you are booking within 10 weeks of departure full payment must be made at the time of booking. If we accept your booking, we will issue a Confirmation Invoice. A contract will exist between us from the date we issue the Confirmation Invoice or if you book within 7 days of departure the contract will exist when we accept your payment. When you receive the Confirmation Invoice please check the details carefully and inform us immediately if anything is incorrect.
Once a booking has been confirmed, offers and discounts cannot be applied retrospectively. The balance of the price of your vacation must be paid at least 70 days (10 weeks) before your departure date. If the balance is not paid in full by 10 weeks we will retain your deposit and cancel the booking. If you book through an agent, all contact with you will be via them.
Payment for your vacation can be made by credit/debit card, cheque (made payable to Le Boat) or bank transfer. Any payment made by credit card will be subject to a 2.5% including VAT surcharge. We will not accept payment by personal cheque.
2. Your vacation Price
Prices are accurate in the currency given in this brochure at the date of publication, but could have since changed. Prices in this brochure supersede all other prices in other material printed at an earlier stage. Once you have made your booking, paid a 35% deposit per booking plus payment for any extras requested, the cost of your vacation will not normally be subject to any change.
This does not apply to invoice errors or omissions. Extras not booked and paid for at the time of early booking will be charged at the new season prices at the base. Certain payments, as indicated in the pricing information, may be taken locally at the destination base in local currency.
The prices quoted in the brochure are based on costs, exchange rates, taxes and levies as known at June 2012.
Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option to change to another vacation if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancel and receive a full refund, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Should the price of your vacation go down due to the changes mentioned above by more than 2% of your vacation cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
3. Conditions of rent
rentrs must be over the age of 18 years (21 years in Ireland). The minimum number of people required to rent a boat is 2 adults. For larger boats we recommend a minimum of 3-4 adults are needed to handle the boat comfortably. The number of passengers on board may not exceed the maximum amount of passengers the boat is licensed for. The rentr must conform to the rules of river navigation, and also the instruction given by the company and the river authorities. The rentr shall restrict his cruising to those waters permitted by the company. The rentr shall not sail after nightfall, nor engage in towing, sub hiring or lending of the boat.
4. Law and Jurisdiction
If you booked your vacation in any jurisdiction other than in Scotland or Northern Ireland (including any booking via the Internet), this Agreement, and any claim or dispute arising from or related to this Agreement, will be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim arising out of it. If you booked your vacation in Scotland, this Agreement, and any claim or dispute arising from or related to this Agreement, will be governed by Scottish law and the courts of Scotland shall have exclusive jurisdiction over any claim arising out of it. If you booked your vacation in Northern Ireland, this Agreement, and any claim or dispute arising from or related to this Agreement, will be governed by Northern Irish law and the courts of Northern Ireland shall have exclusive jurisdiction over any claim arising out of it.
As your booking is not a package vacation we will only accept responsibility for our own negligent acts or omissions. Where the vacation services are to be provided by a independent carrier or other supplier of services for example without limitation a ferry operator, and where we are only acting as booking agent in the provision of these services then we undertake no responsibility for and are not liable for the misrepresentations, breaches of contract, breaches of statutory duty or negligence of the carrier or other supplier of services. This means that in the event of you suffering personal injury, illness or death as a result of any act or omission of a carrier or other supplier of services (or their employees) or you having any complaint about the quality of the services provided or having any other complaint at all, your sole right of redress will be against the independent carrier or other supplier of services who provided such service and Le Boat shall not be under any liability at all (whether in contract, tort or otherwise).
Our liability to you for any loss or damage which you may suffer is limited to three times the price of your vacation. This excludes personal injury resulting from the non-performance or improper performance of the services involved in the vacation, and is subject to the limitation of liability described below. Health and safety standards applicable to the services provided by us under this contract should meet the local standards applicable to your vacation destination.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 3 times the cost of your vacation. Our liability in all cases will be limited in accordance with and/or in an identical manner to any relevant international convention as detailed below. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can ask for copies of the international conventions, from our offices – see address on the back of the brochure.
6. Conditions of Carriage
If any international convention applies to, or governs, any of the services or facilities included in your vacation arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your vacation. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss or damage.
Le Boat has comprehensively insured the boat and its equipment. The policy covers damage or loss to the boat and its equipment and also no less than €7m third party liability. This policy extends to cover any incident caused by the rentr or the rentr’s crew. This policy is included in the cost of your vacation. The policy in place has certain reasonable exclusions to cover as a result of certain actions by the rentr or the rentr’s crew. These include wilful damage or gross negligence, person being under the influence of drugs or alcohol or as result of not obeying the instructions of a member of Le Boat staff. If the insurer fails to indemnify Le Boat because of the above then the rentr is responsible for all costs. Le Boat insurance does also not cover the refundable damage deposit if there is evidence of gross neglect. If the damage is in excess of the refundable damage deposit the rentr will be expected to cover all costs. Adults will at all times be responsible for the minors in their care.
8. Collision Damage Waiver (CDW)
Insurers charge Le Boat an excess with every incident and also the cost of claims potentially forces up the premiums we pay. To encourage a duty of care from you, the rentr, and to contribute to covering this cost you must pay either:
Option 1: a non-refundable collision damage waiver (CDW) which can be paid on arrival or at the time of booking. Click here for CDW rates. With this option you will be fully covered if the boat is returned damaged, or an accident has resulted in its loss, as well as costs of any accidental damage or injury to any third parties. This will not be the case if there is evidence of gross neglect, which is excluded from our cover under our insurance policy. Loss of or damage to any item of inventory or boat equipment will be charged at a replacement cost, details of which are available at our bases. These charges do not alter the rentr’s potential liability outlined in Clause 7 – Insurance.
Option 2: a refundable damage deposit which is to be paid in local currency at the base upon your arrival by either credit card or cash deposit. The deposit which varies according to boat type/duration of vacation (£1,010 - £1,730) / (€1,155 - €2,250) will only be retained in part or in full if the boat is returned damaged or an accident has resulted in its loss, as well as costs of any accidental damage or injury to any third parties. This damage deposit will be the extent of your liability in respect of any damage to the boat except where there is evidence of gross neglect in which case you will be expected to cover the full extent of any repair costs. Loss of or damage to any item of inventory or boat equipment will be charged at a replacement cost, details of which are available at our bases. See Clause 14. Single sex bookings are required to pay the refundable damage deposit to encourage duty of care.
9. Personal Insurance
Le Boat’s insurance does not cover the rentr’s personal belongings and we strongly recommend that you take out travel insurance to cover yourself against any possible risk. Le Boat offers a travel insurance scheme, details of which can be obtained from the sales teams or our website. Please note you must have travel insurance either with Le Boat’s provider or by arranging a policy yourself which provides comparable or greater cover under all sections.
10. Force Majeure
We regret we cannot pay any compensation where performance or prompt performance of our contact with you is prevented or affected by reason of circumstances amounting to ‘Force Majeure’. Such circumstances include, but are not limited to: the destruction or damage of your boat through fire, flood, explosion, storm or weather damage; accidental damage; criminal damage or any other force outside of our control. These also include flooding, shortage of water, obstruction, repairs to any waterway, lock or navigational equipment, shortage of or non availability of fuel, riots or civil strife, industrial action or nuclear disaster, fire, adverse weather conditions, port blockades, war or threat of war, and actual or threatened terrorist activity or similar.
11. rentr’s suitability
The rentr must accept responsibility for the proper conduct of him/herself and any members of their party. Le Boat cannot be held responsible for under-age consumption of alcohol. We reserve the right in our absolute discretion to terminate without further notice the vacation arrangements of any client who refuses to comply with the instructions or orders of the company staff, agent or other responsible person whose behaviour in their opinion is likely to cause distress, damage or danger or annoyance to other customers, staff, any third party or to property. Upon such termination our responsibility for your vacation ceases and we shall not be liable for any extra costs incurred by you..
i). If you change or cancel your booking: