Your contract is with ‘Wagtails’ (referred to in these conditions as ‘the company’). Any contract to hire a boat with the company incorporates the conditions below and is between the company and you as the hirer. The contract does not take effect until the company despatch written confirmation of your booking to you. The contract is made in England and is governed in all aspects by English Law. All correspondence should be sent to our trading domain which is www.wagtailboathire.co.uk / hello@wagtailboathire.co.uk
- Acceptance of bookings
The company may refuse to accept a booking at its discretion and will not accept any booking made by a person less than 18 years old. The Company reserves the right not to hire a boat to any person whom it considers is unsuitable to operate the vessel. - Payments
Full payment must be made via card or cash at the time of booking. - Pricing
Prices may vary throughout the year. All prices are quoted inclusive of any applicable VAT and are quoted in £ sterling. - Changes and Cancellations
Less than 14 days prior to the booking date no refunds or transfers will be given, other than where the cancellation is made by the company. Cancellations are subject to a non-refundable £50 booking fee. - Arrival and departure
Your arrival and departure times will be stated on your booking confirmation, and take precedence over any general information found on websites or printed material. - Security deposit
Please note that the company reserves the right to charge a security deposit. At the time of hire, a monetary security deposit will be taken of £200 for non-company skippered boat trips. This may be paid in cash or by card. On your return to the berth at the end of the hire period a full refund of the security deposit will be made if all of the following terms are met:
* The boat is returned By the stated time In a clean and tidy condition
* Without any damage
* Without the company receiving any reports of anti-social or unsafe behaviour - Skippered river trip
There is an option for an RYA qualified power craft instructor to skipper your trip. During the hire period the vessel is under the control of the skipper. The skipper’s decision is final in all circumstances concerning the safety of the vessel. The hirer remains responsible for the conduct of the passengers during the charter and for any loss or damage to the boat caused by the passengers. The company may at the discretion of the skipper vary the course of the voyage should circumstances make this necessary. The company does not guarantee that any vessel will commence or complete any journey or any part thereof in any given time or if conditions are beyond the control of the company. No liability can be accepted for loss, damage or expense occurring as a result of breakdown during your trip. - Your personal possessions
All customers are responsible for their personal possessions and property at all times and are required to exercise due care and attention to ensure their own personal safety and wellbeing. - Dogs
Dogs are permitted on our day boat. There is no additional charge for dogs on our river trips. There is a maximum of 2 dogs per booking. Dogs must be always kept on a lead and must not be left unattended. Dog buoyancy aids are not provided. - Modifications and accuracy
Every effort has been made to ensure that the individual descriptions of the boat and trips contained in the marketing materials are correct. Layout plans are for indicative purposes only and are not to scale. Photographs may be used to show a style standard and may therefore not be identical to the vessel. - Complaints
Every effort has been made to ensure that you have an enjoyable and memorable experience. If, however, you have a cause for complaint, the company encourages remedial action to be taken as soon as possible. It is essential that you contact us immediately if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless the company is promptly notified. Please help the company to help you by following this procedure. If you fail to do so, this may affect your entitlement to claim compensation where this may otherwise have been appropriate. - Liability
All persons using any part of the vessel or equipment do so at their own risk. The Company will not be held liable for any loss, injury or damage caused to any person, vessel, vehicle or other property unless such loss, injury or damage is caused by the negligence or wilful act of the Company. The company is not liable for death, personal injury, or loss or damage to you or your property, or any property belonging to or in the possession of the hirer or any member of the hirer’s party (including any motor cars or their contents) unless it is caused by the Company’s negligence or wilful default. - Party Members with limited mobility
If you have any members of your party with limited mobility, you must enquire as to the suitability of the boat at the time of booking. Whilst no guarantee can be given, the company will help and advise so far as is practical. - Force majeure
Neither party shall be held liable for failure or delay in the performance of its obligations under this contract, if such performance is delayed or hindered by the occurrence of an unforeseeable act or event which is beyond the reasonable control of either party (“Force Majeure Events”). Acts or events constituting Force Majeure Events shall include, but not limited to, Act of God, government intervention, directives or policies. The party affected by a Force Majeure Event shall notify the other as soon as soon as reasonably practicable after commencement of a Force Majeure Event. - Your rights
Your statutory rights are not affected by anything contained within these conditions. - Day boat hire terms and conditions
* The self-drive day boat is offered for hire by Wagtails.
* The boat offered for hire is licensed by the Broads Authority and is operated in accordance with the Broads Authority’s Day Boat Licencing code.
* The boat is hired to members of the public age 18 years or over. There must be a minimum of two adults on the self-drive day boat. (At the discretion of the company an adult with a child of 16 or over may be able to hire a day boat.) No minor may control the boat.
* The stated maximum number of passengers must not be exceeded.
*The company reserves the right to refuse to hire a dayboat to any persons that it considers to be unsuitable to operate the boat. This includes people who are, or appear to be, under the influence of alcohol or drugs. The Broads Authority byelaws 1995 state that: ‘A person shall not navigate a vessel whilst under the influence of drink or drugs to such an extent as to be incapable of taking proper control of the vessel’.
* Hirers must be medically fit and well enough to safely and responsibly partake in boat operating activities
* A security deposit will be taken, please see security deposit section of these terms.
* The company reserves the right to alter prices and timing without prior notice.
* The company is not liable for the death or personal injury of the hirer (or any of the hirer’s party), or for loss or damage to the hirer’s (or any members of the hirer’s party’s) possessions, unless it is caused by negligence on the part of the company.
* Use of the pontoons, quays and other landings on the Broads system is entirely at the risk of the hirer and members of their party. - Hirer’s Responsibilities:
The hirer will:
* Comply with the booking information provided electronically and on board the hire boat.
* Attend and adhere to the instruction given on compulsory pre-hire safety briefing.
* Agree to location sharing whilst the boat is within the hire period.
* Ensure the boat does not go outside of the permitted operating area shown on the map provided.
* Ensure that all members of the party conduct themselves in a manner consistent with the rules of navigation.
* Not partake in any water activity from the vessel such as swimming, paddle boarding, canoeing etc..
* Return the boat by the stated time and in the same condition it was hired. If the boat is not returned by the stated time, a £50 late fee will be charged to the customer’s card.
* Be liable for the £100 costs associated with deploying a rescue craft if no contact can be made with the hirer after the hire period ends and no boat has been returned.
* Ensure under no circumstances that the licensed number of passengers is exceeded. A passenger is defined by law as any person over one year of age.
Hirers are instructed that boating can be dangerous and, whilst the company has taken all reasonable care in the preparation of the vessel and in the provision of safety equipment, the hirer is responsible for their own safety, the safety of third parties around them and the safe return of the vessel. - Wagtails Responsibilities:
the company will:
* Hold >£2m of commercial bare boat Public Liability Insurance.
* Display its licence to operate for public view on the hire boat.
* Conspicuously display on the boat the maximum passengers permitted on board.
* Competently instruct the hirer how to operate the boat and the safety equipment on board.
* Ensure that the boat and its equipment are in a functional state during the hire and that there is enough battery charge for a day’s hire.
* Ensure that all persons on board are correctly fitted with personal flotation devices These must be worn at all times on and near to the water. - Hiring the day boat
* The day boat is available in day light hours only (shorter hours apply in winter months).
* The day boat seats a maximum of 5 passengers.
* Seasonal minimum hire durations apply, please see dates
* The boat is available to book online and we recommend advance booking to avoid disappointment. Last minute hire on the day is subject to availability. - Terms applicable to the day hire vessel:
* Payments can be made by cash or card only.
* Less than 14 days prior to the booking date refunds or transfers will not be permitted.
* In the case of unavoidable mechanical breakdown of the boat, then a full refund or transfer to an alternative date will be offered. No compensation for other expenses incurred will be provided – this includes, but is not limited to, fuel, travel, accommodation, sustenance costs.
* In extreme adverse weather conditions the trip will be postponed until safe to travel. The hirer may be offered a transfer to an alternative date, if this cannot be satisfied then a refund offered.
* Bookings can be made online or in person. Full payment must be made on booking. - Hirers’ Equipment
You may not take on the boat, without the company’s prior written permission, portable cookers, BBQ’s or heaters of any type, lighting equipment or anything which may cause a fire risk to the boat, its equipment, or its occupants. - Loss of Water
You are responsible for any charges made by waterways authorities in respect of loss of water or damage to waterway property caused by you while in charge of the boat. - Accidents & Incidents
You are responsible for the boat’s safe navigation and must take all reasonable care. No minor may control the boat. In the event of damage to the boat rendering it inoperable, however caused, no responsibility can be accepted by the company for loss of time or the costs. In the case of any accident or damage to the boat, or any other craft, or to waterway property, or any third party’s property you must, for insurance reasons:
(a) record the name of any other boat involved with names, addresses and phone numbers of its owner and / or hirer (where applicable); and
(b) immediately report these facts to us with full details and extent of the damage or items broken, lost or stolen.
Our Handover Instructors are first aid trained. The boat has a first aid box which is located on the vessel. Any accident, incident or near miss must be reported via our Electronic Accident Form as soon as reasonably practical.
We will notify the Broads Authority, within seventy-two hours of the Operator becoming aware of it, the occurrence of any accident involving the Vessel. - Delays
The boat is checked before the start of each hire and, in the event of a mechanical failure, the right is reserved to delay departure until a repair has been affected, to reduce the chances of a mechanical breakdown. If a breakdown of any kind occurs, you must report it to the company immediately so that repairs can be made to enable you to resume your trip. Provided that the company is so informed, they will take steps to repair the boat and/or its equipment as speedily as practicable in the circumstances. Apart from these obligations, the company shall not be liable in any respect for any indirect or consequential loss or damage, whether financial or otherwise, suffered as a result of such a breakdown. The company shall not be responsible for the consequences of delays or restrictions on cruising arising from obstruction, repairs or damage to waterways, flooding, shortage of water, industrial action or other circumstances beyond their control.
The right is reserved to restrict cruising if unusual or hazardous conditions prevail. - Skippered river trip
There is an option for an RYA qualified power craft instructor to skipper your trip. During the hire period the vessel is under the control of the skipper. The skipper’s decision is final in all circumstances concerning the safety of the vessel. The hirer remains responsible for the conduct of the passengers during the charter and for any loss or damage to the boat caused by the passengers. The company may at the discretion of the skipper vary the course of the voyage should circumstances make this necessary. The company does not guarantee that any vessel will commence or complete any journey or any part thereof in any given time or if conditions are beyond the control of the company. No liability can be accepted for loss, damage or expense occurring as a result of breakdown during your trip. The company reserves the right to alter prices and timing without prior notice. Our vessels are licensed to carry a maximum number of passengers. This limit must under no circumstances be exceeded. A passenger is defined by law as any person over one year of age. - Use of website disclaimer
The information contained in this website is for general information purposes only. The information is provided by Wagtail Boat Hire, and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. Through this website you are able to link to other websites which are not under the control of the company. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, the company takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control. You are responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.