1. YOUR CONTRACT:
Your contract is with Santel and is made under English law at Santel subject to these conditions. Your contract with Santel is made once you have (1) paid the appropriate initial payment and (2) Santel confirmation has been sent to you or your travel agent.
2. BOOKING:
All correspondence will be sent to the address specified on the booking application. Santel reserves the right to refuse to accept a booking at its discretion and will not accept any booking where the person signing the booking form is less than 18 years old.
3. BALANCE OF THE HOLIDAY PRICE:
The balance of the holiday price must be received by Santel no later than 56 days before your departure date or, if your booking is made within 56 days, full payment must be made at the time of booking. No reminders are sent and if payment is not received within the timescale Santel reserves the right to cancel the booking and to apply the charges as set out in paragraph 7 below. In no circumstances are post dated cheques acceptable and Santel reserves the right to recover the cost of any bank charges incurred in handling dishonoured cheques, direct bank payments and foreign currencies.
4. PRICE GUARANTEE:
Santel reserves the right to alter the price of any of its holidays before you make your booking. The price of your holiday will be made known to you before you book and will be shown on your confirmation. All prices quoted in the brochure or otherwise advised to you include all booking fees, charges, and where applicable, VAT (at 17.5%) and Insurance Premium Tax (at 17.5%). Should the VAT or IPT rates increase, or any additional taxes or levies be introduced that affect the price of your holiday, you may be required to pay the extra amount. Alternatively, should the rate of VAT, IPT or any government imposed tax or levy included in the quoted prices decrease so that a lower rate applies to your holiday, the price of your holiday will be reduced accordingly.
5. INSURANCE:
Hirers are strongly recommended to take out personal holiday insurance cover.
6. ALTERATIONS BY YOU:
If, once the booking has been accepted by Santel, you wish to make any alterations to the booking details. Santel will do all it can to assist you although it is under no obligation to make any alteration other than to allow you or any member of your party who is prevented from travelling to transfer his/her booking to someone else provided that written notice is given to Santel with full details of the transfer by the person who signed the booking form. This must be accompanied by a £25 administration fee. Please note that major changes may be treated as a cancellation by you and will be subject to the cancellation charges referred to in paragraph 7. Any changes you wish to make to your holiday arrangements once your holiday has commenced are your sole responsibility.
7. CANCELLATION BY YOU:
If you have to cancel your booking you must notify Santel immediately by telephone and on the same day send written confirmation signed by the person who signed the original booking form by recorded delivery post to Santel enclosing your booking confirmation. The cancellation will be treated as effective from the day your telephone notification is received by Santel. Santel will make a cancellation charge as below; (a) If you cancel your booking 56 days or more before the departure date, we will retain the initial payment but you will not be liable for the balance of the holiday price. (b) 29-56 days before your departure date, 50% of the hire terms are payable. (c) 15-28 days before your departure date, 75% of the hire terms are payable (d) 1-15 days before your departure date, 90% of the hire terms are payable (e) on the holiday start date or later 100% of the hire terms are payable. If we cancel your booking because you fail to pay the balance as required in paragraph 3, the above calculation applies, less any hire terms we receive by re-booking the boat less 20% of those hire terms. If you cancel your booking after Santel has sent out confirmation, no refund (if due) will be made until all such documents and are received back by us. Please note that it is not possible to make refunds for any services booked but not used.
8. ARRIVAL AND DEPARTURE:
Unless otherwise stated in the brochure, the normal time for boarding the boat is 4 p.m. on the hire start date. Santel will give you a demonstration and explain the controls of the boat and its equipment. You must notify us of any faults in the equipment of the boat before the boat leaves the boatyard. Any faults later discovered should be notified to Santel so they can be rectified. No claims can be considered after your holiday for faults not so notified. Non arrival at the boatyard by mid-day on the day following your hire start date without prior notification shall entitle Santel to treat the holiday as cancelled. Unless otherwise stated in the brochure you must return the boat (including all its gear and equipment) to our boatyard in a Clean and Tidy condition by 9.15 a.m. on the final day of hire. The right is reserved to make a charge of up to £100 if the boat is returned late or not in a clean condition and/or for any loss or damage to its equipment.
9. DAMAGE TO THE BOAT AND ITS EQUIPMENT:
The boat is insured but you are responsible for its gear and equipment. You are expected to take all reasonable care and to report to and pay Santel for any damage or for equipment lost, broken or stolen. You are responsible for loss and/or damage to the boat, its equipment, or to any third party up to the amount of the security deposit. If none occurs the deposit will be repaid to you after the deduction of the cost of fuel used during your holiday. The damage waiver payment which is non-refundable gives you full cover in the event of accidental damage to your boat or its equipment. The above cover excludes wilful or criminal damage for which you are fully liable.
10. ACCIDENTS:
You will have charge of the boat and be responsible for its safe navigation. No minor may control the boat without the supervision of an experienced adult. In the case of any accident or damage to the boat or to other craft or to waterway property you must.
(a) Find out the name of any other boat involved together with the names, addresses and telephone numbers of its owner and hirer.
(b) Immediately report these facts to Santel with full details of the damage as soon as possible. No repairs may be put in hand without Santel’s consent.
(c) You should report the same in writing to Santel immediately on your return from holiday quoting your booking reference number and providing full details of the circumstances.
11. LOSS OF WATER:
You are responsible for any charge made by waterways authorities in respect of loss of water or damage to waterway property caused whilst you are in charge of the boat.
12. NAVIGATIONAL RESTRICTIONS:
On no account may you:
(a) Tow or be towed by other boats unless with professional assistance.
(b) Cruise after dark (your boat is not equipped or insured for night navigation).
(c) Permit your boat to be taken out to sea or tidal reaches of the Thames, or
(d) Permit your boat to take part in any race. You must navigate in accordance with current bye-laws and observe the speed limits applicable to the waterway. Navigational limits are referred to in the brochure and more detailed information will be provided at the boatyard.
13. HIRER'S EQUIPMENT:
You may NOT take on the boat without Santel’s prior written permission portable heaters of any type, lighting equipment, barbecues, bicycles, fishing bait, canoes or anything which may cause danger to the boat, its equipment or occupants. Optional extras may be available at extra charge.
14. UNSUITABLE HIRERS:
We reserve the right to decline to accept a booking or refuse to hand over a boat to any person or group who in our opinion is not suitable for the person or any group member on the grounds of age, ill health, disability, inexperience or any other reason. In such cases all sums paid shall be refunded in full and the contract shall be discharged without further liability on either party. We reserve the right to repossess the boat at any time where a serious accident or damage has occurred, or in our opinion is likely to occur because of the unsuitability of the hirer due to age, ill health, disability, inexperience or any other reason, In such cases, Santel shall not be liable to make a refund of any portion of the hire terms paid.
15. SANTEL’S RESPONSIBILITIES
(a) Santel accepts responsibility if you or any person named on the booking form suffers bodily injury, illness or death due to a negligent act and/or omission of our employees, or agents or sub contractors whilst they are acting within the scope of or in the course of their employment to provide any service or arrangement forming part of the holiday that you have booked with us.
(b) All claims must be notified to Santel immediately and in any event in writing within 30 days of your return from holiday.
(c) Santel shall not be responsible for the consequences of delays or restrictions on cruising arising from navigation works, flooding, shortage of water, industrial action, fuel rationing, shortage or non availability of fuel or other circumstances beyond their control. Santel reserves the right to restrict cruising if unusual or hazardous conditions prevail.
(d)Santel accept no responsibility for loss of or damage to motor cars parked during the booked holiday period unless it is caused by Santel, negligence or wilful default.
16. DISPUTES:
Any dispute, difference or question which may at any time arise out of the contract or the subject matter thereof shall be referred to a single arbitrator to be agreed upon between the parties (or failing agreement to be nominated by the Chartered Institute of Arbitrators on the application of either party) in accordance with the provisions of the Arbitration Act 1950, or any statutory modifications or re-enactment thereof for the time being in force.