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TERMS & CONDITIONS

PLEASE READ THE FOLLOWING CONDITIONS CAREFULLY BEFORE COMPLETING YOUR BOOKING

  1. DEFINITIONS

    1. The following definitions shall apply in these Terms and Conditions

Booking” means the booking by a Client of a Jet Ski Adventure Tour, Rib Ride, Self Drive Motor Boat, Kayak or Stand Up Paddleboard (SUP);

Client” means the person or persons named on the Booking Form as wishing to hire Equipment from the Company for leisure activities for a specified period. In the case of more than one Client, the Clients shall each be jointly and severally liable under this Contract;

Company” means St Ives Watersports Limited, a company registered in England at Kersworthy Farm, Maxworthy, Launceston PL15 8WG, registration number 12862184;

Charges” means the amounts payable, exclusive of any applicable VAT, in respect of any Bookin;

Deposit” means the deposit paid by the Client in respect of any Booking pursuant to clause 5.3 of these Terms;

Equipment” means any Jet Ski, Self Drive Boat, Rib Boat, Kayak, SUP or similar recreational equipment together with any additional elements or accessories thereof that maybe provided to any Client by the Company or used by the Company in providing leisure activities to the Client;

Period of Hire” means the duration of the provision of the Company’s Equipment to the Client, as set out in the Booking; and

Terms and Conditions” means the terms and conditions set out in this document.

Working Days” means everyday including Bank Holidays.

  1. BOOKING AGREEMENT

    1. The Client acknowledges that no statement or representation, expressed or implied, which may have been made by or on behalf of the Company induced the Client to enter into the Contract and that any such statements or representations do not form part of the Contract.

    2. The Company reserves the right to decline any Booking at its discretion.

  1. AGE LIMITS AND UNSUITABLE CLIENTS

    1. Jet Ski’s – The Client must be aged over 18 to drive a Jet Ski on the Adventure Tour, Children aged 16 and up may ride as a passenger on the Adventure Tour if accompanied by an Adult. All Clients must be physically fit and able to swim to make a Booking. By making a Booking, each Client warrants that this is the case to the Company.

    2. Self Drive Motor Boats – The Client party must have at least 1 person over the age of 18. The Self Drive Motor Boats can take a maximum of 5 adults (or adult size children) or 6 people if 2 are children. The Company reserve the right to deny access to the Equipment where the party is 6, if the child is of average adult build, in which case the rule of 5 adults will apply.

    3. The Company reserves the right at any time and at its sole discretion to refuse to allow any Client who in its opinion fails to meet these criteria or any similar health and safety criteria to make a Booking and/or to use or be transported upon any equipment.

    4. Where any Equipment is to be utilised by a Client together with any other persons, the Client must provide on the Booking Form full details of all persons in their party save as to bookings for the Self Drive Motor Boats. For the avoidance of doubt, the safety of the Client’s guests and use of the Equipment in accordance with these Terms and Conditions is the sole responsibility of the Client. The Company accepts no responsibility whatsoever in respect of the any third party’s use of any Equipment.

    5. The Company may at its sole discretion cancel any Bookings made in contravention of Clauses 3.1 to 3.3 at any time before or at the start of the Period of Hire. In this event, the Company shall be entitled to retain any Deposit made by the Client and any balance of payment will remain due unless the Company is able to re-hire the relevant Equipment. If the Company is able to re-hire the Equipment (and provided that the Client is not in breach of any other Terms and Conditions and the Company has suffered no other losses due to cancellation) the Deposit shall be refunded less an administration fee in respect of which the Client will remain liable.

    6. The Company may at its sole discretion whether prior to or during the Period of Hire cancel any Booking and/or refuse to allow any Client(s) or member(s) of any group of guests of the Client to participate in a Adventure Tour, Rib Ride, Self Drive Motor Boat, Kayak or SUP or otherwise utilise any Equipment who in its opinion is not suitable to do so for any reason whether on the grounds of ill-health, inexperience, suspected influence of alcohol or drugs, irresponsible behaviour, abusive behaviour, or any reason that may affect the safety of any person, or the commercial interests of the Company.

    7. If a Booking is cancelled pursuant to clause 3.5 the Company shall retain the Deposit and any other payment made for the Period of Hire prior to the cancellation.

  1. CANCELLATIONS AND CHANGES

    1. The Contract may not be cancelled or amended except as provided in these Terms and Conditions.

    2. Cancellation of a Booking by a Client must be notified at least seven (7) Working Days prior to the Period of Hire.

    3. In the event of cancellation by the Client of a Booking over 7 Working Days before the Period of Hire, the Client shall be entitled to a full refund of the balance of the Charges paid, excluding the Deposit paid. If the Booking is cancelled less than 7 Working Days before the Period of Hire, no refund of any amounts paid will be made by the Company (unless the cancellation is due to a medical condition specified on the Booking Form)if alternative dates cannot be agreed with the Client.

    4. In the event of adverse weather conditions, including floods, storms, heavy seas, strong winds or unforeseen circumstances, including technical problems, mechanical failure, non-availability of fuel, preventing the conducting of an Adventure Tour, Rib Ride, Self Drive Motor Boats, Kayaks or SUP’s, the Company shall offer a full refund of the Charges if alternative activities or dates are not agreed with the Client.

    5. In the event of cancellation of a Booking during the Period of Hire due to any of the circumstances listed in Clause 4.4 arising, the Company shall offer a reasonable refund based on the proportion of the Adventure Tour, Rib Ride, Self Drive Motor Boat, Kayak & SUP completed.

  1. PRICE AND PAYMENT

    1. The Company reserves the right to regularly review and amend the Charges displayed on the Booking Forma and on the website of the company at www.stivesboatrides.co.uk

    2. Any written quotations given to prospective Clients shall be valid for thirty (30) days from the date of enquiry.

    3. At the time of Booking, payment for the Booking will be taken in full and will only be refunded in accordance with Clause 4 of these Terms and Conditions.

  1. MAINTENANCE

    1. The Company undertakes regular check of the Equipment before its hiring in accordance with the manufacturers and RYA recommendations.

    2. In the event of the Equipment suffering a mechanical breakdown, the Company shall take all reasonable steps to enable the completion of the Adventure Tour, Rib Ride, Boat Hire.

    3. The Company shall not be liable for any consequential loass or damage that the Client(s) may suffer as a result of such breakdown. Subject to Clause 4, any refunds are at the Company’s discretion.

  1. INSURANCE

The Company insures the Equipment against public liability risks. The Company’s insurance does not cover personal accidents or loss or damage to personal effects. Clients are advised to take out their own personal insurance cover.

  1. LIABILITY

    1. Other that where such loss may not be excluded by law, the Company hereby excludes any liability of any kind (whether arising in contract, tort or otherwise) to any Client(s) and their guests, affiliates or any third parties and in particular in respect of death, personal injury, damage, expense or loss of any nature whatsoever (whether direct or indirect, special, consequential or otherwise) sustained by any Client or third party arising from the Client’s use of any Equipment or receipt of any other services from the Company. For the avoidance of doubt, the Company shall be in no way liable to an Client, guest or other third party as a result of the provision of the Equipment or other Services unless unable to exclude liability by law.

    2. Clients should be aware that the hiring of leisure equipment and participating in other leisure activities provided by the Company comes with inherent risks, not all of which can be avoided. Participation in any activity utilising Equipment or otherwise provided by the Company is at each Client’s own risk and that of each individual guest.

    3. Before participation in any of the Company’s activities, all Clients will have to sign an Indemnity Agreement/Waiver of rights. If a group booking is made it is essential every individual signs a separate waiver (unless under the age of 18, whereby a parent or guardian must sign on their behalf).

    4. For the avoidance of doubt, where there is more than one Client, the Clients are jointly and severally liable to the Company at all times.

  1. DAMAGE AND LOSS

The Client will be liable for any damage caused to any of the Equipment whilst they are in control and by signing the Booking Form and agreeing to these terms, will be liable for the full cost of repairs to the Equipment and costs associated to an incident.

  1. BREACH, WAIVER, ASSIGNMENT AND AMENDMENT

In the event that the Client commits any breach of this Contract the Company shall be entitled but without prejudice to any other rights or remedies which it may have to terminate the Period of Hire of the Equipment without notice, and to make a reasonable charge which is likely to be the full amount payable. No rights of the Company shall be waived except in writing by a duly authorised representative of the Company. No rights granted to and Client may be assigned to any other person except with the prior written consent of the Company. No amendments to these Terms and Conditions and the provisions of any Booking shall be valid unless agreed in advance in writing between the parties.

  1. DELIVERY OF GIFT VOUCHERS

All Gift Voucher purchases made through our website will be delivered to you by your chosen method, either by email (to print off at home) or First Class post within 2 days of the purchase date. If the Gift Voucher is not received within 10 Working Days of the purchase date, please contact us by email at info@stivesboatrides.co.uk

  1. DATA PROTECTION

The Company’s full statement and guidelines can be found on our website at: www.stivesboatrides.co.uk

  1. LAW

The Contract shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.

  1. COPYRIGHT NOTICE

This website and its content is copyright of St Ives Boat Rides – © 2020. All rights reserved.

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