Please don't forget your glasses, contact lenses, toiletries and essential medications
...ADDITIONAL GEAR FOR HILL WALKING
OTHER ITEMS YOU MIGHT CONSIDER:
Don't worry about anything else. We provide the toilet rolls, cooking stoves, spoons, bivvi bags, fuel, food, etc. If in any doubt, send us an email.
In these conditions and agreement:
‘the Company’ means Shackleton Legacy Limited and Subsidiaries who act as agents for 'the Boat Owner'. ‘The Hirer’ means the person or persons named in the booking conﬁrmation email. 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 webpage. ‘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.
2. Hire 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 booking email is an offer by the Hirer and the booking agreement is made only if and when the Company gives a written boat hire conﬁrmation. Telephone bookings do not create legal agreements and any offer by the company to hold a reservation is not legally binding until the written boat hire conﬁrmation is issued. The entire contract between the Boat Owner and the Hirer is contained in these Conditions and the booking email 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 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 crew, in particular there is no warranty that any particular route will be available for navigation during a period of offshore or inshore hire/excursion. Bookings, including optional extras, are taken subject to availability on the start date.
3. Age Limits, Static Boat Handling Unsuitable Hirers
The Hirer must be aged 18 years or over. No persons under the age of 16 may sail in the boat unless a parent of guardian accompanies that person. There needs to be a minimum of two competent Company persons present during any boat moves ashore. There needs to be a minimum of one competent Company persons present during any sailing operations to ensure safe handling and navigation. Although there is no age limit for steering the boat, the Hirer warrants that whenever the boat is steered by a person aged under 16 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 18 years will be in charge of the group. The Hirer must provide in the booking email 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 sail if 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 cancel an excursion 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 the Hirer shall remain liable to pay the hire price and no refund shall be due.
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 written conﬁrmation via e-mail. The Company reserves the right to levy an administration charge of £20 for any alteration to a booking made by the hirer after it has issued a booking conﬁrmation. In the event of a cancellation instigated by the Company or Boat Owner, the Company will endeavour to rebook the boat for which an administration charge will be waived. In the event of the deposits or balances being eligible for refund the Company will charge a fee depending on the date on which the Cancellation Notice is received. More than 56 days before the Start Date 40% of the hire price. 43-56 days 50% of the hire price. 29-42 days 70% of the hire price. 8-28 days 85% of the hire price and 7 days or less 100% of the hire price.
5. Hire Period, Collection and Return of Boat
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 Company will notify the Hirer of any likely delay in sailing as soon as possible by email or telephone. The Hirer will be required to check and sign for the contents of any personal equipment or inventory loaned to them. In the event that the boat is not ready for sailing due to events beyond the Company’s or Boat Owner’s control the Company shall refund any payments made but shall not otherwise be liable and the contract shall be discharged. The boat shall be returned to the Company in a clean and tidy condition. Hirers who wish to go to sea are responsible for ensuring that their cruising schedule allows time for unforeseen contingencies so as to permit their return by the scheduled time. Breach of this condition will incur a minimum additional charge of £20 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 having to return to port early or late. 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.
6. Prices and Payment
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. Prices are in pounds sterling (GBP). The Hirer shall reimburse the Company on demand for any expenses incurred in the conversion of foreign currencies, bank charges, special clearance, cheque processing 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 8 weeks before the hire start date. For bookings made within 8 weeks before the hire start date payment in full must accompany the booking email.
The Company insures the boat and its equipment and inventory against public liability risks. 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 individual hirers shall pay a compulsory non-refundable accidental damage waiver of £50.00 per person (included in the excursion fee). Accidental damage waiver excludes damage to the hull due to contact with a static object or moving vehicle, causing damage to the rudder, stern gear, masts, sails, rigging, navigational instruments, outboard motor, negligence, malicious or intentional damage to the boat.
Also excluded is negligence, 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 howsoever 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 or around the boat, and for safeguarding the boat and other property:
The Hirer and embarked Company staff are responsible for individual safety, boat security, and accurate navigation. In the event of any accident or damage to the boat, other craft, moorings, buildings, or highway, the Hirer or Company officer must:
10. Maintenance, Repairs, Damage and Outboard Motor Breakdown
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 their original condition using the packing cases provided. The Hirer shall notify the Company in the event of an outboard motor 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 boat modification 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 fouling. 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 an outboard motor 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.
11. Hirer’s Property
The Company will be under no liability for any loss of or damage to 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. Hirers are particularly advised not to leave any valuable or portable items in the boat. 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. Batteries, Video Camera Equipment, Vehicle Fuel,
If the Hirer wishes to use portable GoPro cameras during any sailing activity, they are responsible for providing adequate mounts. At the end of the hire period the camera mounts must be removed and any items missing from personal inventories are the sole responsibility of the Hirer. Items lost from the company inventory will be charged for at full retail price. A mileage rate will be levied for non-local events, for each vehicle from Bewdley, Worcestershire to the event location. Hirers will be required to provide overnight accommodation or an allowance for up to 2 team members (depending on the size of the event), when appearing at an exhibit requiring overnight stay. Mooring fees are included in the price per person quoted in the confirmation booking email.
Pets are not allowed on the boat.
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 the boat leaves the boat yard or storage location. Any shortcomings by the Company shall be immediately notiﬁed to the CompanyDirectors 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
moorings, 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 insurance cover.
16. Marketing Material
The speciﬁcation of the boat, fittings and equipment as described or illustrated 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 differences in expected accuracy and reserves the right to make
modiﬁcations. Layout plans are for guidance only and are not to scale
and may have features 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 the 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 arbitrator (acting as an expert and not as an arbitrator) including any direction as to payment of fees and costs in the arbitration shall be binding on both parties.
The contract between the Boat Owner and the Hirer shall be deemed to have been made in the United Kingdom & Northern Ireland and shall be governed in all respects by British law. The Hirer shall submit to the jurisdiction of British 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.
20. Payments & Billing
The Hirer shall be billed a fixed fee for by the Company or Boat Owner for the following services:
Additional ice-climbing and first aid training options shall be billed by the Company or Boat Owner=during the initial negotiation prior to booking confirmation. Any subsequent additional activity requested by the Hirer (once the booking confirmation has been issued) shall be billed as a separate invoice.
Shackleton Legacy Ltd
Kidderminster, D10 2SH
Registered in England No 8997564
VAT # GB243957578
Available in larger print upon request at www.shackletonlegacy.com