Jennifer Hough, John Andersen & Neil Andersen
The Boatyard, 11 Wych House Lane Middlewich Cheshire CW10 9BQ
Tel: 01606 833668
Boat Hire Terms & Conditions
http://www.andersenboats.com/terms.pdf. PDF Download Link - These terms Last updated 26/04/2019
In these booking conditions the following expressions have the following meanings:
‘you’ and ‘your’
means all people named on the booking (including anyone who is added or replaced at a later date).
‘We’, ‘us’ and ‘our’
means Jennifer Hough, John Andersen and Neil Andersen trading as Andersen Boats of The Boatyard, 11 Wych House Lane, Middlewich, Cheshire, CW10 9BQ.
The following conditions, together with the general information in our brochures and on our website, form the basis of your agreement with us. Please read them carefully. Nothing in these booking conditions affects the rights you have by law. When we refer to these booking conditions we also include the boat rental conditions (which means all information shown in any specific conditions or restrictions set out in the brochure or website description of your chosen boat and the ‘Important
Information’ sections of the brochure or website or which we otherwise tell you about).
When you book a boat with us directly or via our agent, you are entering directly into a contract with us as the boat operator; the agent may charge a fee for arranging your booking (booking fee).
When you book a boat, our booking conditions apply to the booking in addition to the booking conditions of our booking agent Vacation Rentals (UK) Ltd of Spring Mill, Earby, Barnoldswick, Lancashire, BB94 0AA (trading as Hoseasons, a trading name of Vacation Rentals (UK) Ltd.). These can be found at:
All bookings are subject to the boat and services being available. You as the person in charge of the party (the party leader) must be at least 18 years old at the time of booking. There must be at least two adults over the age of 18 in every party who are capable of handling the craft and manning the locks. All other members of the party must authorise you to make the booking on the basis of these booking conditions. By making the booking, you confirm that you are authorised to make the booking and all other members of the party agree that the booking will be subject to these conditions. You are responsible for making all payments owed to us.
If the boat and services are available and we have received the relevant payments, we will give you written confirmation as soon as reasonably possible. This confirmation will show your booking details and any sums outstanding for the booking. Your binding contract with us will apply from the date we give you this written confirmation. For bookings made within 14 days of the departure date, you will have a binding contract with us when we give verbal or email confirmation of your booking to you or your travel agent and you have made the appropriate payments to us or your travel agent. If we pay the deposit into our bank account, it does not mean we have accepted your booking.
We will give you written confirmation of an accepted booking either by post or email. If you book with us online, we will acknowledge that we have received an accepted booking and then send you confirmation by email. If you book by phone, we will send your confirmation to you by email of an accepted booking, unless you tell us at the time of booking that you would prefer it to be provided by post. It is your responsibility to check your emails regularly and to let us know about any change to your email address.
We have the right to refuse any booking before we send any written confirmation to you. If we do this, we will contact you via phone or email and refund any money you have paid to us. In these circumstances, we will have no legal responsibility to you, as this represents a decision not to accept your order.
Additionally, please refer to the ‘Frequently Asked Questions’ section of our website.
As soon as you receive your confirmation, you must check the details carefully. If anything is incorrect, you should tell us immediately.
All holidays are self drive and self catering.
Our contact number in case of an emergency is 01606 833668
When you book a holiday with us you will be given a booking reference number, this number can be used to access details about your booking with us. This booking number is generated by a booking system managed by Hoseasons Holidays. Hoseasons have been our booking agent for over 30 years and take bookings for us on our behalf and also process our direct bookings invoicing for us, for consistency in booking administration. The digital booking information for each booking taken directly with Hoseasons or with ourselves directly (via website, email, phone or face to face) is stored securely with Hoseasons on their secure systems for your data safety.
Please be reassured that Hoseasons cannot use any information stored with them for anything other than that which we authorise them to do as our sole authorised booking agent, this being “sending out automated invoices/balance reminders” or in very rare occasions “sending urgent messages regarding waterways access which may be recognised to potentially impact on a range of hirer's holidays during a given time period” (again very rare). Hoseasons will not utilise any data for marketing unless a booking was made directly with them via their website or booking telephone line and also they gained explicit consent for such usage.
Holiday durations can be for 7,14 or 21 nights for which start dates may be Friday, Saturday or Monday depending on the specific start date of the boat as specified on our Website. 3, 4, 10 or 11 nights durations are also available which have starting days of a Friday or Monday depending on the specific start date of the boat as specified on our Website at andersenboats.com. The usual check-in time is 4pm. The check-out time (usually 9am) will be shown on your hire invoice. You are obliged to leave everything in a clean and tidy condition and you are responsible for any damage done or loss sustained during your stay. Your hire boat must be returned no later than 9:00am of the last day of your booking to the boatyard from which you started your cruise. If you fail to return your boat on time, or in a clean and tidy condition, you may be liable to an extra charge for any costs incurred by us.
Prices include VAT at the rates applicable at the time of booking. In the event of a change in the rate of VAT during the course of the year, your booking will be invoiced at the new amount of VAT unless you have already taken your holiday or paid in full prior to the date of the change.
You may park your vehicle for free at our premises for the duration of your stay but if you choose to do so the vehicle is left at the owner’s risk and we do not accept any liability for damage to it.
We do not normally keep the keys for the vehicle unless there are good reasons such as if you leave a large vehicle which may need to be moved during your holiday.
When you book, you should pay the standard deposit as illustrated in the table below by debit or credit card, Bank transfer or by sending us a cheque. We only accept payment in pounds sterling. You are responsible for arranging travel insurance for yourself and your party. This means you don’t need to pay us an additional amount at the time of booking to cover your insurance.
Total holiday price
Standard deposit per boat
Up to £200
£201 – £350
£351 - £500
£501 - £750
£751 - £1000
£1001 - £1500
£1501 - £2000
£2001 - £2501
We must then receive the rest of the money no less than 10 weeks before the start of your trip. However, if you book less than 10 weeks before the start of your trip, we must receive full payment of the total cost when you make the booking. For any booking made less than 2 weeks before your intended trip, you must pay for the booking cost in full by debit or credit card, or by bank transfer, rather than by cheque at the time of booking.
We reserve the right to require an additional deposit of £50 per person travelling in large parties.
If you do not pay any payment due in relation to your booking by the appropriate date, we are entitled to assume that you want to cancel your booking and the provisions of clause 12 (Customer’s Right to Cancel) will apply via our booking agent Vacation Rentals (UK).
All prices quoted by us over the phone, via our website or by email include all charges and any UK taxes or government charges which may apply to your booking at the time it is made, else otherwise stated.
If you pay by credit card, we will take no additional surcharge in relation to expenses and charges in connection with credit card payments. However, if your bank or credit card company refuses to pay your payment for any reason, we are entitled to make an administration charge.
The prices of unsold products and services may be increased or reduced at any time before we enter a contract with you. We may also correct mistakes in the pricing of unsold products and services at any time. We will confirm the price of your booking when you make it. As changes and mistakes can happen, you must check all details at the time of booking.
All total holiday prices quoted or otherwise given to you include all appropriate charges which apply at the time of your booking.
All prices quoted are for the boat and are not calculated on a per person basis.
No boat may carry more persons than advertised in our brochure or our website, and accommodation is provided only for the number stated, unless definitely required.
When definitely required and where special permission has been given in writing by us, additional persons can be accommodated on certain boats at an extra charge of £50 per person per week or part week.
Any change of crew during a holiday must be notified to us prior to a holiday commencing for this to be then authorised by us in writing first.
A free demonstration run called a ‘hire boat handover’ is given to you at the time of take-over. Whenever possible, the person responsible for the booking must be present to follow the checklist of information provided at handover. The main crew member present for this handover will be required to sign a handover document confirming that they have been given the required ‘hire boat handover’ instruction and accept responsibility for the safety of the craft and their crew members. It is this individual’s responsibility to ensure that everyone who operates the hire boat is fully appraised of the guidance we provide prior to your departure and to ensure that all people handling the boat do so in accordance with the relevant operational and safety information provided by us.
Additionally, please refer to the ‘Canal Boating Guide’ section of our website.
We aim to ensure that the information provided is presented accurately on our website, and other promotional literature we produce. There may be small differences between the actual boat or other services and their description, as we the operator are always trying to improve services and facilities. Please note that photographs of the boat are illustrative only and exterior colours, interior furnishings and decorations may vary.
Occasionally, problems mean that some facilities or services or boats or holiday routes are not available or restricted. If this happens, we will tell you as soon as reasonably practicable when we become aware of the situation. Wi-Fi is not offered as a facility on our fleet.
We cannot accept responsibility for any changes or closures to local services or attractions mentioned in the brochure or on our website, by our advisers or advertised elsewhere. We make reasonable efforts to make sure that information given to you about your boat and its facilities or services, as well as advertised travel and other services, is accurate and complete on the date given. We cannot accept responsibility for any inaccurate, incomplete or misleading information about any boat or its facilities and services, unless this was caused by our negligence.
No responsibility will be accepted by us for loss of time or expenses caused through accidental damage to the boat while in your charge. No liability can be accepted for loss or damage or cost incurred as the result of any defect or breakdown occurring during your cruise unless this is caused by reason of the failure to adequately maintain the boat in a fit state and condition or is caused by the acts or defaults of ourselves. Any defect or breakdown of your boat must be reported immediately to us during your cruise so that appropriate steps can be taken to remedy the issue reported to us.
Your boat is insured, but you have possession and responsibility for the boat and are responsible for its safe navigation.
In the unlikely event of structural or mechanical damage, however caused, no responsibility can be accepted by us for loss of time or the cost of any alternative accommodation or any other damages or expenses. In the case of any accident or damage to the boat, to other craft, to water property, or to any person, it is your responsibility to:
(a) To take appropriate action regarding notifying appropriate emergency services in the event of actual or likely danger/harm to you or your crew, and as appropriate in relation to the safety of any other member(s) of the public involved.
(b) Find out the name of the other boat/craft/property involved together with the name of the
owners or hirer.
(c) To report these facts, together with the extent of the damage to us as soon as possible. No repairs may be put in hand without our consent.
We operate a damage waiver scheme. You must pay a damage waiver premium with your balance-of-hire ahead of your holiday. This is included in any total holiday prices we quote, as per section 4.
You make a one-off, non-refundable Damage Waiver Payment as follows:
a. of £50 for a 2-4 berth boat
b. of £55 for a 6 berth boat
c. of £60 for a boat with 8 berths or above.
This gives you cover in the event of loss of or damage to your boat or its equipment except where any loss and/or damage is caused by the deliberate or negligent act or omission of you or any member of your party (including where the person concerned is under the influence of alcohol, drugs or any similar substance) or any failure by you to comply with these Boat Hire Terms & Conditions. In this case, we have the right to make a charge for you to cover the loss or damage.
You are responsible for any charges made by the Canal & River Trust if you cause loss or damage to their property. You must pay any such charges in full. Such charges are not covered by your Damage Waiver Payment.
Linen is proved on your boat as instructed by yourself in your initial booking request. Towels are supplied free on request with the boat linen.
A customer can request amendments to or cancellation of a future booking made in their name. However, the ability to take these actions is conditional and undertaken directly with our booking agent (not ourselves) under their set conditions (https://www.hoseasons.co.uk/assets/UK-Boats-Terms.pdf), Vacation Rentals (UK) Ltd of Spring Mill, Earby, Barnoldswick, Lancashire, BB94 0AA (trading as Hoseasons, a trading name of Vacation Rentals (UK) Ltd.). Refer to section 8 of the Vacation Rentals (UK) Booking Conditions.
We do not expect to have to make any changes to your booking. However, sometimes problems happen and bookings have to be changed or cancelled or mistakes in brochures or other details corrected. We as the boatyard operator have the right to do so. If so, we will contact you (by phone if reasonably possible in the case of a significant change or cancellation – we will let you know about minor changes by post) as soon as is reasonably practical. We will explain what has happened and let you know about the cancellation or change.
Unless we say otherwise in these booking conditions, we will not be legally responsible, either jointly or individually, for any compensation if we are prevented from carrying out our responsibilities under this contract as a result of events beyond our control. This means an event we could not, even with all due care, expect or avoid, including, but not limited to:
· strike, lock-out or labour dispute;
· supplier failure or insolvency;
· natural disaster;
· obstruction to waterways or failure of a lock or bridge;
· act of terrorism, war, riot or civil commotion;
· malicious damage;
· keeping to any law or governmental order, rule, regulation or direction;
· if the authorities close any waterway;
· adverse weather conditions;
· breakdown of plant or machinery;
· shortage or unavailability of fuel for the boat;
· insolvency or bankruptcy of a boat operator or service provider;
· fire, flood, snow and storm or shortage of water;
· difficulty or increased cost in getting workers, goods or transport;
· late return by previous hirers; and
· other circumstances affecting the supply of goods or services.
We reserve the right not to accept your booking or to cancel it if we are required to do so by any law or government regulation.
We will not be legally responsible for any injury, illness, or death or resulting losses you or any member of your party suffers, unless you are able to prove that the injury or illness was caused by lack of reasonable care and skill on the part of ourselves under our contract with you. Before we pay you any compensation, you must make any complaint or claim strictly in line with clause 21. You must also subrogate (transfer) your legal rights that you may have against anyone else in connection with your claim. You must cooperate with us and our insurers on this. If you suffer a personal injury, death or serious difficulties as the result of an activity which does not form part of the package you booked with us - including for example any extra services or facilities provided to you by a hotel or any other supplier which was not included as part of the original contract between us – we will not be legally responsible to pay you any compensation. However, we will offer you reasonable advice and guidance in the circumstances as long as you tell us about the incident within 90 days of it happening. We will not be responsible if you do not enjoy the holiday or suffer any other problems because of a reason which you did not make us aware of when the holiday was booked.
In all claims, we will not be legally responsible if the alleged loss or damage resulting from any of the following:
a. The fault of the person affected or any members of their party.
b. The fault of someone not connected with providing your holiday which we could not have predicted or avoided.
c. An event or circumstances which we or the supplier of the service in question could not have predicted or avoided even after taking all reasonable care.
d. The fault of anyone who was not carrying out work for us (generally or in particular) at the time.
We will use the promises we give to you about the services we have agreed to provide or arrange as part of the contract, and the laws and regulations of the country in which your claim or complaint happened, as the basis for checking whether or not the services have been properly provided. If the services which caused the claim or complaint met the local laws and regulations which applied to those services at that time, we will treat the services as having been properly provided. If we are legally responsible for loss of or damage to any luggage or personal possessions (including money), the most we will have to pay you and your party is £25 per person. We strongly recommend that you and your party take out enough travel insurance for your needs while on holiday. For the purpose of these booking conditions, we will assume you and your party have done this.
Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith.
We as the boat operator cannot be held responsible for noise or disturbance which comes from outside the boat or which is beyond our ability to control.
We recommend that you take out enough travel insurance to cover you for your total stay.
If you or any member of your party has any medical problem or disability that may affect your booking, please tell us before you confirm your booking and give us full details in writing as early as possible before you travel. You should enquire as to the suitability of your boat at the time of booking.
You should ensure that any young passengers or vulnerable people are looked after. You should assess the risks of vulnerable people and children in your party and ensure that they are not neglected at busy moments, such as when passing through hazardous obstacles (e.g. locks and tunnels).
You can board your boat at 4pm (unless we tell you otherwise, for example on your confirmation or in our brochure or website) on the start date of your rental; we recommend that you call us during the week leading up to your holiday start date to confirm the boat boarding time.
If your arrival will be delayed beyond 6pm on the start date of your boat rental, you must contact us so that you can make other arrangements. If you fail to do so, you may not be able to gain access to the boat. If you fail to arrive by 12 noon on the day after the start date of your boat rental and you do not tell us that you will be arriving late, we may treat your booking as having been cancelled by you. In this situation, we will not make a refund.
If there is a mechanical failure, we as the boat operator can delay your departure until a repair is carried out.
You must vacate your boat by 9:30am on the last day; if you do not vacate your boat by this time, we can charge you £50 per additional hour or part of. You must return the boat (with all gear and equipment) in a clean and tidy condition; you may be charged if the boat is returned not acceptably clean and tidy or is missing any gear or equipment.
We as the boat operator can refuse to hand over to you, or to take back, the boat if we reasonably believe that any damage is likely to be caused, has been caused or is being caused by you or any members or your party or if you or any members of your party behave illegally or dangerously. We will treat these circumstances as a cancellation by you. You also must not allow more people than the brochure/website states to be on the boat. And, you cannot change the number of adults and children during your stay (for example, if you book for two adults and two children, you cannot arrive with four adults.)
You must not operate the boat while under the influence of alcohol or drugs or allow anyone else to do so. If you do any of these things, we as the operator can refuse to hand over the boat to you or can take it back. If we do this, we will treat this as a cancellation by you. In these situations, we will not refund any money for your booking and neither will we have any legal responsibility to you as a result of this situation arising. (This includes, for example, any costs or expenses you have to pay due to not being able to use the boat, such as the cost of finding another boat or any other compensation.) We will have no responsibility to find other accommodation for you.
A maximum of 3 pets are allowed on the boat. There is a charge of £30 per pet. If you take a pet with you, it is not allowed on beds or furniture. Do not leave pets unattended in the boat, and you should keep dogs on a lead at all times when off the boat. Registered guide and support dogs are allowed on all boats. If you or any member of the party has an allergy, we cannot guarantee that a pet has not stayed in your chosen boat nor can we accept any legal responsibility for any suffering as a result of animals having been there.
You must allow us or our representative (including workmen) access to the boat at any reasonable time during your stay. You would get notice of this if it was needed, except in an emergency or if a problem needs sorting out quickly and you cannot be contacted in time. In these situations, we as the boat operator can enter the boat at any time without giving you notice to you.
You must not navigate after sunset, or before dawn and your speed must not be such as would or may inconvenience or endanger other users of the waterway.
On no account may you tow or be towed by other craft, unless you have professional assistance as towing can be a hazardous operation if incorrectly undertaken.
Under no circumstances may your boat be taken out to sea or on tidal rivers.
No individual under the age of 17 may control your boat without the supervision of an experienced adult.
No portable heaters, cookers or barbecues of any type, bicycles, lighting equipment, TV sets or electrical/gas appliances (other than an electric razor) may be taken or used aboard your boat without the express prior permission of us as the boat operator.
For your safety, you must use a buoyancy aid, as directed by us, when offered to you. They are offered free of charge and are particularly important for children and non-swimmers.
If you have any special requests, you must let us know when you make the booking and confirm them in writing. We cannot guarantee that any request will be met. Confirmation that we have noted a special request, or the fact that it is noted on your written confirmation or any other document, is not confirmation that the request will be met. If we fail to meet any special request, it will not mean we have broken your contract.
If you want to complain, we will want to act as soon as possible. You must contact us immediately if any problem arises. It is often extremely difficult (and sometimes impossible) to sort out difficulties properly unless you let us as the boat operator know promptly. If you discuss the problem with us or our representative while you are there on holiday, it can usually be resolved promptly. However, if you feel that the highlighted problem(s) within your complaint has/have not been resolved to your satisfaction, you must, within 30 days of the end date of your holiday with us, put your complaint in writing directly to us. Send your letter to our office at Andersen Boats, The Boatyard, Wych House Lane, Middlewich, Cheshire, CW10 9BQ marked for the attention of the Customer Relations Department; or alternatively you can send an email to email@example.com.
We have designed this procedure to make sure we can hopefully resolve complaints as quickly as possible. Please help us by following this procedure. If you fail to do so, this may affect our ability to effectively resolve your complaint.
If we are found to be at fault in terms of any service we provide, we will not pay more than the total booking price paid to us or our agent, plus any reasonable connected expenses you cannot recover from elsewhere.
Any dispute claims or other matters which may arise in relation to your booking will be governed by English law and you must agree that any dispute will be dealt with by the courts of England and Wales.
24. Data Protection Policy
In order to handle and fulfil your booking, ensuring that your holiday arrangements run smoothly and meet your requirements, we need to use the information you provide including names, addresses, contact details, etc. We take full responsibility for ensuring that proper security measures are in place to protect your information.
As highlighted in section 2 of these T&Cs, the digital booking information (any personal and identifiable sensitive information that you give to us) for each booking taken directly with our sole booking agent Hoseasons or with ourselves directly (via website, email, phone or face to face) is stored securely with Hoseasons on their secure systems for your data safety. We will not pass any information onto any person or organisation not responsible for part of your holiday fulfilment. However, personal information may be provided to security companies, public authorities such as customs/immigration if requested as required by law.
Your data controller is Andersen Boats. You are entitled to a copy of your information held by us and on behalf of us with Hoseasons. If you would like to see this please contact us.