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WEBSITE TERMS AND CONDITIONS
Meanings
‘Bridge Boats’ Bridge Boats Limited, the supplier of boat hire services; a company registered in England and Wales under company number 762261 whose registered office is at Fry’s Island, De Montfort Road, Reading, Berkshire, RG1 8DG.
‘YOU’ the person making the booking or using this website
‘Services’ the provision of boat hire on the River Thames
‘in writing’ via e-mail, faxed letter or mailed letter
“Terms” these Terms and Conditions as amended from time to time by Bridge Boats
“Territory” the United Kingdom
Your use of this Website
1. These Terms apply to the entire contents of this website under the domain name www.bridgeboats.com and to any correspondence by e-mail between us and YOU.
2. Using this Website indicates that YOU accept these Terms regardless of whether or not YOU choose to book with us. If YOU do not accept these Terms, do not use this Website.
3. By accessing any part of this Website, YOU shall be deemed to have accepted these Terms in full. If YOU do not accept these Terms in full, YOU must leave this Website immediately.
4. Bridge Boats may revise these Terms at any time by updating this posting. YOU should check this Website from time to time to review the then current Terms, because it is binding on YOU. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
5. Any bookings made via this Website are subject to these Terms below.
6. Please read the Terms and click on the I Agree button to confirm that YOU have read, understood and agree to the Terms.
Licence
7. YOU are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) Bridge Boats copyright and trade mark notices and this permission notice appear in all copies.
8. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Bridge Boats or its licensors. For the purposes of these Terms, any use of extracts from this Website other than in accordance with paragraph 7 above for any purpose is prohibited. If YOU breach any of the Terms, your permission to use this Website automatically terminates and YOU must immediately destroy any downloaded or printed extracts from this Website.
9. Subject to paragraph 7, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Bridge Boats prior written permission.
10. Any rights not expressly granted in these Terms are reserved.
The Contract
11. These Terms form the contract for the provision of boat hire between Bridge Boats and YOU to the exclusion of any other terms or conditions. This contract is concluded in the English language and is not available in a translated form.
12. Bridge Boats may from time to time vary these Terms. The Terms that apply to your booking will be those in place on the Website on the date of your booking.
13. YOU can make a booking by either completing and submitting the on-line booking form on this Website, or by provisionally submitting the on-line booking form and faxing or telephoning the details to Bridge Boats. Bridge Boats will confirm acceptance of your order by e-mail and will contact YOU to take payment of the booking deposit.
14. Any variations to these Terms (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Bridge Boats.
15. Bookings from individuals or parties under 21 years cannot be accepted unless accompanied by someone 21 years or over. There must be a minimum of two adults in any party.
16. If YOU have infirm or disabled members in your party YOU should indicate this on the booking form.
17. Buoyancy aids are available to YOU and your party.
Description and Quality
18. The photographs and drawings of the boats on this Website are representative of the Bridge Boats fleet, however boat exteriors may be different in colour from the photographs.
19. The layout plans of the boats on this Website are representative only.
20. All boats in the Bridge Boats fleet hold the relevant Boat Safety Certificates and Environment Agency Licences.
21. Bridge Boats may from time to time make changes without notification to their fleet differing from their specification on this Website in order to comply with any applicable safety or statutory requirements.
Availability
22. Your booking is accepted on the basis that your confirmed boat will be available for your use in accordance with these Terms on your agreed start date.
23. If your boat is not available as agreed, where possible YOU will be offered:
(a) an alternative boat for the same holiday period; or
(b) an alternative boat for another holiday period convenient to YOU; or
(c) in the event that (a) and (b) are not available, a full refund.
Price, Payment and Deposit
24. The price of boat hire, and the amount due under this contract, shall be that stated on the booking form submitted by YOU to Bridge Boats.
25. When your booking has been confirmed, a representative from Bridge Boats will contact YOU to take payment of the booking deposit. Payments must be made in Sterling.
26. YOU may be asked for an additional deposit of up to £150 in cash at the discretion of Bridge Boats for certain parties or large and/or valuable boats. YOU will be notified of this additional deposit in advance. The deposit is payable in cash on your arrival at the boat yard.
27. The additional deposit will be returned to YOU at the end of your holiday subject to YOU returning the boat and its equipment on time, undamaged, clean and in accordance with any inventory and without a third party claim against YOU.
28. The full balance of the holiday price must be paid by YOU at least 8 weeks before the start of your holiday.
29. For bookings made within 8 weeks of the holiday start date YOU must pay the full monies at the time of the booking.
30. Prices are subject to VAT (where applicable) and are at the rate applicable at the time of printing and are subject to change if the rate or application of the tax changes.
31. Should the rate of duty on fuel change or be amended substantially, Bridge Boats reserves the right to make an additional charge.
32. Bridge Boats reserve the right to correct errors in advertised prices and will advise YOU of any error at the time of booking.
33. Bridge Boats reserve the right to correct errors in confirmed prices and will contact YOU as soon as they become aware of the error. If the correct price is higher and YOU do not wish to pay this, YOU will be entitled to cancel and receive a full refund of all monies YOU have paid to us providing YOU notify us within 14 days of our advising YOU of the error. Bridge Boats will not seek to correct any error in a confirmed price within 8 weeks of the start of your holiday or more than 7 days after YOU make your booking.
34. YOU represent and warrant that the information provided by YOU for any booking is true and accurate and that YOU are duly authorised to use the credit card, the details of which you have supplied and that it has funds sufficient to cover the charges which are to be deducted from it. YOU authorise Bridge Boats to deduct payment from the nominated credit card account for the full amount paid.
35. Bridge Boats shall be entitled to refuse any booking placed by YOU at its sole discretion.
Warranties
36. Bridge Boats warrant that all their boats hold the relevant Boat Safety Certificates, Environment Agency Licences, are in good working order and are fit for their purpose.
37. Bridge Boats warrant that if, under proper use, any breakdowns occur during your holiday, Bridge Boats will at its option either:
(a) repair the boat;
(b) if beyond repair, where possible provide YOU with a replacement boat;
(c) or where (a) and (b) are not possible, refund to YOU the amount proportionate to the lost days of your holiday.
38. Any breakdowns during the holiday must be reported to the boat yard during the hours of 8.00am to 5.00pm Monday to Saturday, 9.00am to 4.00pm Sunday, whereupon Bridge Boats will endeavour to rectify the problem as soon as possible. The emergency number must only be used for an emergency, i.e. gas leak, fire etc.
Liability and Indemnity
39. Nothing in these Terms shall exclude or limit Bridge Boats’ liability for;
(a) death or personal injury caused by its negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter;
(d) any liability which cannot be excluded or limited under applicable law.
40. The warranty contained in clauses 36 and 37 shall be the extent of Bridge Boats’ liability. This does not affect your statutory rights.
41. Unless otherwise provided in these conditions and subject to clauses 37 and 38, the entire liability of Bridge Boats for breach of any express or implied term of this contract shall be limited to the reasonable cost of providing alternative boat hire or other matter constituting a breach and in those circumstances Bridge Boats liability shall not exceed the total amount paid by YOU to Bridge Boats in accordance with these Terms.
42. Bridge Boats will not be liable for any loss of time or expenses occasioned through accidental damage to the boat while in your charge.
43. Bridge Boats will not be liable for loss, damage or expense which occurs as a result of any defect or breakdown occurring during your cruise unless this is caused by reason of Bridge Boats failure to adequately maintain the boat in a fit state and condition or is caused by the acts or defaults of Bridge Boats or its employees.
44. You will indemnify and keep Bridge Boats indemnified against any costs, actions, claims, demands, liabilities, expenses, damages or losses (including, without limitation, consequential losses or losses of profit, and all interest, penalties and legal and other professional costs and expenses) arising from the deliberate or negligent act or omission by YOU or any member of your party or other person (including, without limitation, where the person concerned is under the influence of alcohol, drugs or any similar substance) or failure by YOU to comply with these Terms.
45. Without prejudice to any other provision of this Agreement, Bridge Boats will not be in breach of the terms of the contract for any delay in performing, or failure to perform, its obligations under the contract if that delay or failure was due to any cause or circumstance beyond Bridge Boats reasonable control as more particularly set out below in clause 46.
Force Majeure
46. Bridge Boats shall have no liability to YOU for delay or cancellation of your booking due to events beyond Bridge Boats control including and without limitation:
(a) Destruction or damage of your boat (which cannot be reasonably remedied to a satisfactory standard before the start of your holiday) due to fire, flood, explosion, storm, or other weather damage, break-in, criminal damage or any similar cause;
(b) Flooding, shortage of water, obstruction, repairs, damage or similar event affecting any waterway, waterway structure or facility such as a lock or bridge or navigational equipment which prevents or affects your taking your confirmed holiday;
(c) Adverse weather conditions (which may restrict navigation and passage through bridges/locks);
(d) Shortage or non-availability of fuel for the boat;
(e) Industrial action, riots, civil strife, natural or nuclear disaster, fire, war, threat of war, actual or threatened terrorist activity and all similar situations;
Variations to bookings and Cancellations
47. Should YOU wish to amend your booking once it has been confirmed an administration fee of £20.00 will be charged.
48. YOU may, for up to 8 weeks before the holiday start date change your boat for another, subject to availability, payment of the administration fee and any difference in price.
49. YOU may transfer your booking to another party (acceptable to us) at any time (other than after cancellation) subject to YOU notifying us of the transfer and payment of the administration fee.
50. All requests, changes, transfers and cancellations must be made in writing.
51. YOU must contact Bridge Boats immediately, if YOU have to cancel a booking. Your cancellation is effective from the date Bridge Boats receive written confirmation.
52. If YOU cancel YOU are still liable for the payment of any outstanding balance.
53. Bridge Boats will endeavour to re-let your holiday. If this is possible, YOU will only lose your booking deposit and will be refunded the remaining balance of the holiday if it has already been paid.
54. YOU acknowledge that it is your responsibility to take out personal holiday insurance to cover all risks (including cancellation) associated with this booking.
Obeying the Waterway Rules
55. YOU must observe the navigation Authorities byelaws, including in particular, the rule that YOU must not navigate after sunset, or before dawn (before 8am on the River Thames) and your speed must not be such as would or may inconvenience or endanger other users of the waterway.
56. YOU must observe any Caution or Strong Stream Warnings issued by the Environment Agency. YOU acknowledge that where a Strong Stream Warning is in force YOU must moor up and not attempt to navigate through any locks or to proceed beyond the warning point.
57. In the case of a Strong Stream Warning, Bridge Boats will use all reasonable endeavours to despatch a representative to YOU to assist YOU in navigating your boat through the locks, but cannot guarantee that a representative will be available to do so throughout your holiday.
Conditions of Hire
58. YOU will be issued with instructions at the start of your holiday. YOU must read these instructions carefully and accept that it is your responsibility to relay those instructions to the other members of your party.
59. Additional passengers may only join the boat during the hire period with the express permission of Bridge Boats. A pro-rata charge will be made. YOU acknowledge that if this rule is ignored, all insurances will be null and void and Bridge Boats reserves the right to cancel the holiday without refund whatsoever.
60. Particular boats, details of which are on the Website, require a minimum of three adults. YOU acknowledge that if this rule is ignored, all insurances will be null and void.
61. YOU must not tow or be towed by other craft, unless YOU have professional assistance.
62. YOU must not take your boat to sea or downstream of Teddington Lock on the River Thames.
63. No boats may be entered in races or used for business purposes.
64. No minor may control your boat without the supervision of an experienced adult.
65. No portable heaters, cookers or barbeques of any type, canoes, bicycles, lighting equipment, TV sets or electrical/gas appliances may be taken or used aboard your boat without Bridge Boats express prior permission.
66. YOU must indicate on the booking form if YOU wish to bring a pet on your holiday. Pets are not allowed on some boats as indicated on the Website. There is a charge of £30.00 per week per pet and YOU may have to pay an additional deposit. Registered assistance dogs will be accepted free of charge
67. YOU must not allow any pets to lie on the bedding or chairs and must not leave any pets unattended on the boat.
Complaints and Contact Details
68. Any complaints and enquiries should be sent in writing to Bridge Boats. Bridge Boats can be contacted via:
Mail: Customer Relations Officer
Bridge Boats Limited
Fry’s Island
De Montfort Road
Reading
Berkshire
RG1 8DG
Phone: +44(0) 118 959 0346
Fax: +44 (0)118 959 1114
Email: bridgeboats@aol.com
Service Access
69. While Bridge Boats endeavours to ensure that this Website is normally available 24 hours a day, it shall not be liable if for any reason this Website is unavailable at any time or for any period.
70. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Bridge Boats control.
User material and conduct
71. Other than personally identifiable information, which is covered under the Privacy Policy [INSERT HYPERLINK], any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. Bridge Boats shall have no obligations with respect to such material. Bridge Boats and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
72. You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
73. You may not misuse the Website (including, without limitation, by hacking).
74. Bridge Boats shall fully co-operate with any law enforcement authorities or court order requesting or directing Bridge Boats to disclose the identity or locate anyone posting any material in breach of paragraph 72 or paragraph 73.
Links to other websites
75. Any links to third party websites on this Website are provided solely for your convenience. If YOU use these links, YOU leave this Website. Bridge Boats has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Bridge Boats therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If YOU decide to access any of the third party websites linked to this Website, YOU do so entirely at your own risk.
Disclaimer
76. While Bridge Boats endeavours to ensure that the information on this Website is correct, Bridge Boats does not warrant the accuracy and completeness of the material on this Website. Bridge Boats may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and Bridge Boats makes no commitment to update such material.
77. The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Bridge Boats provides YOU with this Website on the basis that Bridge Boats excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms may have effect in relation to this Website.
78. Save as provided in clauses 39 to 41 in respect of the provision of boats for hire, Bridge Boats and its officers, directors, employees, shareholders or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to YOU or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, YOU assume all costs thereof.
General
79. This contract shall be governed and construed under English law and the parties submit to the exclusive jurisdiction of the English courts through any disputes between them of any kind. This clause shall not affect the statutory rights of consumers to bring claims in a domestic court where applicable.
80. If any of these conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these conditions and the remainder of the provisions in question shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent permitted by law.
SECURITY AND PRIVACY POLICY
Bridge Boats are committed to protecting your privacy, and keeping your personal information private. To ensure YOU fully understand how and why we collect personal data, please take the time to thoroughly read this Privacy Policy.
Your acceptance of the terms of this Privacy Policy and the Terms and Conditions are necessary for boat hire from Bridge Boats on this website.
Use of Personal Information
Any personal information YOU provide to Bridge Boats will only be used and recorded in accordance with current data protection legislation applicable in the UK. Bridge Boats will use your personal information to communicate with YOU, for record keeping purposes, and to help us develop this website. We may also use the information anonymously for market research purposes, to track site usage and trends and to collect statistical information such as the name of your web browser, the pages looked at and the date and time of those requests. We use this information to generate statistics and measure site activity which will help us improve your experience of using this site.
If YOU use our booking form to book boat hire on-line, your personal details such as your name, mailing address, e-mail address or telephone number is securely stored in encrypted form. It will be used solely to respond to your orders or requests for information.
By clicking on the I ACCEPT button below YOU consent to our processing your personal information for the above purposes.
What is Personal Information?
Personal Information is information which can identify YOU as an individual, such as your name, address and date of birth. Anonymous information cannot identify YOU personally. Bridge Boats processes personal information in compliance with all relevant UK legislation. To ensure that the information Bridge Boats holds is correct please keep us informed of any changes to your personal information.
Collection of YOUR Personal Information
When YOU hire a boat from Bridge Boats via this website it is necessary that we collect personal information from YOU. This information can be limited to your title, first name, last name, address, e-mail address, and payment details on the booking form, however, YOU do have the option to provide us with further anonymous information on our marketing questions webpage. Once YOU have made a booking with Bridge Boats on this website and accept the terms and conditions and this Privacy Policy YOU are no longer anonymous to Bridge Boats.
Cookies’
Bridge Boats website uses Cookies to keep track of the booking YOU have placed.
A Cookie is a small line of text that is stored in your browser when YOU visit a Cookie enabled website. As YOU browse the web, the key enabled sites will send Cookies to your browser, along with web pages. Your browser will probably have options that let YOU control whether the browser accepts Cookies, rejects Cookies or notifies YOU each time a Cookie is sent to YOU.
If your browser is set to reject Cookies, Cookie enabled websites will not recognise YOU when YOU return. This provides YOU with anonymity, but it also makes it very difficult to offer YOU customised services. It is also less secure because your personal data must be sent to the website each time YOU view a page. Accepting Cookies means your personal data can stay on the web server, and the only information transmitted over the internet is your ID Cookie.
If your browser is set to accept Cookies, any Cookies sent are stored in your computer for a period of time.
Third Parties
Bridge Boats will not disclose your personal information to any third party, without first receiving your permission, or unless we are instructed to do so by a competent legal authority.
This website may contain links to other sites. Please note that Bridge Boats is not responsible for the privacy practices of other sites. This Privacy Policy applies solely to the Bridge Boats website and information collected by us and through this website. We recommend that YOU read the privacy statements of every other website that YOU visit.
Security and Storage of YOUR Personal Information (SSL – Secure Sockets Layer)
Bridge Boats is committed to data security, and has taken careful measures to ensure that your personal information will remain private. This website is secured using a [details of security system used on Bridge Boats website]. This ensures that all information YOU send to us by the world wide web will be encrypted. You will see a padlock in your browser’s frame. If any other internet user intercepts the communication, he or she will only be able to see it in an encrypted (garbled) form. Certificate technology allows us to decrypt the information and view it in plain text form.
[note – Is personal information erased after a contract is fulfilled, or is it kept on a database? you may need to check with the people who manage the credit card software]
Banking/Card Security
In addition to encryption and digital certification, our on-line booking service passes YOU directly to our banking site so that your credit card information will not have to travel through a variety of computers. It will be instantly checked, your account debited and all financial information then cleared. It is not retained for any other use.
Off Line Booking Form
In order to use the Bridge Boats website and our on-line booking service securely YOU will need to use a browser such at Netscape Navigator or Microsoft Internet Explorer which supports the SSL security protocol. These browsers will let YOU know whether or not the site is secure. You will need to be using version 4 and above of both browsers. A symbol, such as a padlock or a key, is used to show YOU are in secure mode.
If your browser is an older version or YOU are concerned about privacy, YOU may still use our booking service through our off-line booking form. It will come up automatically when our security software detect that YOU might be at risk. [note –, is this the case?] You may also choose to make a booking off-line. In order to book off-line, YOU will need to print and fax or post the form we have provided to us, or telephone us.
Please be aware that no emails are secure and YOU should not input your financial details on an email form. Although Bridge Boats makes every effort to ensure a safe environment for your personal information, Bridge Boats cannot guarantee the safety of any personal information whilst it is being transmitted to Bridge Boats on line.
Changes to the Privacy Policy
Bridge Boats may update this policy from time to time. The contents of the Privacy Policy in force at the time of any contract shall govern, and form part of, that contract.
Questions and Complaints
Please feel free to contact Bridge Boats if YOU have any questions or concerns about the use of your personal information.
If YOU have a complaint regarding any breach of this Privacy Policy please contact Bridge Boats. Bridge Boats will view any complaint and ensure that it is in compliance with this Privacy Policy and all applicable laws. Bridge Boats will contact YOU within 40 days to inform YOU of the results of your complaint. Alternatively, YOU can contact the Data Protection Commissioner.
By clicking the ‘I ACCEPT’ button , YOU confirm that YOU agree to the above Privacy Policy.
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