Le Boat Terms and Conditions 2016
The following booking conditions apply to any bookings that you make with us and should therefore be read carefully. They contain some exclusions and limitations of liability. If any part of these Booking Conditions is found to be invalid or unenforceable, then the remainder of these Booking Conditions will not be affected and will remain valid and enforceable. All the holidays in this brochure are operated by Crown Travel Limited trading as Le Boat (hereinafter called ‘Le Boat’, ‘the company’ or ‘we’), registered office TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex, RH10 9QL, registered number 02095375, a member of the TUI Travel Plc group of companies and are sold subject to the following conditions: Crown Travel Ltd is a Member of ABTA with membership number V6650. ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact www.abta.com.
1. Your Contract
As you are booking arrangements other than a package holiday (as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992) from this brochure, the arrangements will not be financially protected. The person making the booking (the ‘lead name’) must be 18 years old or over (21yrs or over in Ireland) and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone in their party.
You will be expected to pay 35% of the holiday cost as deposit at the time of booking. If you are booking within 10 weeks of departure full payment must be made at the time of booking. If we accept your booking, we will issue a Confirmation Invoice. A contract will exist between us from the date we issue the Confirmation Invoice or if you book within 7 days of departure the contract will exist when we accept your payment. When you receive the Confirmation Invoice please check the details carefully and inform us immediately if anything is incorrect. Once a booking has been confirmed, offers and discounts cannot be applied retrospectively. The balance of the price of your holiday must be paid at least 70 days (10 weeks) before your departure date. If the balance is not paid in full by 10 weeks we will retain your deposit and cancel the booking. If you book through an agent, all contact with you will be via them. Payment for your holiday can be made by credit/debit card, cheque (made payable to Le Boat) or bank transfer. Any payment made by credit card will be subject to a 2.5% including VAT surcharge. We will not accept payment by personal cheque.
2. Your Holiday Price
All prices quoted on our website include boat hire and taxes and are based on the departure dates, durations, bases and boat models specified only. Fuel, travel to and from base, all food and drink and any waterside services used are not included. See clauses 8, 18 & 19 for more details about additional costs. All prices we advertise are subject to change at any time and will be confirmed when making a booking. Once you have made your booking, paid a 35% deposit per booking plus payment for any extras requested, the cost of your holiday will not normally be subject to any change. This does not apply to invoice errors or omissions. Extras not booked and paid for at the time of early booking will be charged at the new season prices at the base. Certain payments, as indicated in the pricing information, may be taken locally at the destination base in local currency. The prices quoted in the brochure are based on costs, exchange rates, taxes and levies as known at June 2014.
Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 30 days of your departure. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option to change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancel and receive a full refund, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Should the price of your holiday go down due to the changes mentioned above by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
3. Conditions of hire
Hirers must be over the age of 18 years (21 years in Ireland). The minimum number of people required to hire a boat is 2 adults. For larger boats we recommend a minimum of 3-4 adults are needed to handle the boat comfortably. At least three experienced/confident adults are compulsory on our Vision boats – or at least four less-experienced adults. The number of passengers on board may not exceed the maximum amount of passengers the boat is licensed for. The Hirer must conform to the rules of river navigation, and also the instruction given by the company and the river authorities. The Hirer shall restrict his cruising to those waters permitted by the company. The Hirer shall not sail after nightfall, nor engage in towing, sub hiring or lending of the boat.
4. Law and Jurisdiction
If you booked your holiday in any jurisdiction other than in Scotland or Northern Ireland (including any booking via the Internet), this Agreement, and any claim or dispute arising from or related to this Agreement, will be governed by English law and the courts of England and Wales shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Scotland, this Agreement, and any claim or dispute arising from or related to this Agreement, will be governed by Scottish law and the courts of Scotland shall have exclusive jurisdiction over any claim arising out of it. If you booked your holiday in Northern Ireland, this Agreement, and any claim or dispute arising from or related to this Agreement, will be governed by Northern Irish law and the courts of Northern Ireland shall have exclusive jurisdiction over any claim arising out of it.
As your booking is not a package holiday we will only accept responsibility for our own negligent acts or omissions. Where the holiday services are to be provided by a independent carrier or other supplier of services for example without limitation a ferry operator, and where we are only acting as booking agent in the provision of these services then we undertake no responsibility for and are not liable for the misrepresentations, breaches of contract, breaches of statutory duty or negligence of the carrier or other supplier of services. This means that in the event of you suffering personal injury, illness or death as a result of any act or omission of a carrier or other supplier of services (or their employees) or you having any complaint about the quality of the services provided or having any other complaint at all, your sole right of redress will be against the independent carrier or other supplier of services who provided such service and Le Boat shall not be under any liability at all (whether in contract, tort or otherwise).
Our liability to you for any loss or damage which you may suffer is limited to three times the price of your holiday. This excludes personal injury resulting from the non-performance or improper performance of the services involved in the holiday, and is subject to the limitation of liability described below. Health and safety standards applicable to the services provided by us under this contract should meet the local standards applicable to your holiday destination.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 3 times the cost of your holiday. Our liability in all cases will be limited in accordance with and/or in an identical manner to any relevant international convention as detailed below. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can ask for copies of the international conventions, from our offices – see address on the back of the brochure.
6. Conditions of Carriage
If any international convention applies to, or governs, any of the services or facilities included in your holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss or damage.
Le Boat has comprehensively insured the boat and its equipment. The policy covers damage or loss to the boat and its equipment and also no less than €7m third party liability. This policy extends to cover any incident caused by the Hirer or the Hirer’s crew. This policy is included in the cost of your holiday. The policy in place has certain reasonable exclusions to cover as a result of certain actions by the Hirer or the Hirer’s crew. These include wilful damage or gross negligence, person being under the influence of drugs or alcohol or as result of not obeying the instructions of a member of Le Boat staff. If the insurer fails to indemnify Le Boat because of the above then the Hirer is responsible for all costs. Le Boat insurance does also not cover the refundable damage deposit if there is evidence of gross neglect. If the damage is in excess of the refundable damage deposit the hirer will be expected to cover all costs. Adults will at all times be responsible for the minors in their care.
8. Collision Damage Waiver (CDW)
Insurers charge Le Boat an excess with every incident and also the cost of claims potentially forces up the premiums we pay. To encourage a duty of care from you, the Hirer, and to contribute to covering this cost you must pay either:
Option 1: a non-refundable collision damage waiver (CDW) which can be paid on arrival or at the time of booking. CDW rates are listed for each boat. With this option you will be fully covered if the boat is returned damaged, or an accident has resulted in its loss, as well as costs of any accidental damage or injury to any third parties. This will not be the case if there is evidence of gross neglect, which is excluded from our cover under our insurance policy. Loss of or damage to any item of inventory or boat equipment will be charged at a replacement cost, details of which are available at our bases. These charges do not alter the Hirer’s potential liability outlined in Clause
Option 2: a refundable damage deposit which is to be paid in local currency at the base upon your arrival by either credit card or cash deposit. The deposit which varies according to boat type/duration of holiday (€1,155 - €2,250) will only be retained in part or in full if the boat is returned damaged or an accident has resulted in its loss, as well as costs of any accidental damage or injury to any third parties. This damage deposit will be the extent of your liability in respect of any damage to the boat except where there is evidence of gross neglect in which case you will be expected to cover the full extent of any repair costs. Loss of or damage to any item of inventory or boat equipment will be charged at a replacement cost, details of which are available at our bases. See Clause 14. Single sex bookings are required to pay the refundable damage deposit to encourage duty of care.
In addition to payment under either Option (1) or Option (2) above any group bookings consisting of more than 12 people will be asked to pay a further refundable €/£50 per person security deposit on arrival at the base.
9. Personal Insurance
Le Boat’s insurance does not cover the Hirer’s personal belongings and we strongly recommend that you take out travel insurance to cover yourself against any possible risk. Le Boat has partnered with Campbell Irvine to offers a travel insurance scheme for UK residents, details of which can be obtained from the sales teams or our website. Please note you must have travel insurance either with Le Boat’s partner or by arranging a policy yourself, which provides comparable or greater cover under all sections.
10. Force Majeure
We regret we cannot pay any compensation where performance or prompt performance of our contact with you is prevented or affected by reason of circumstances amounting to ‘Force Majeure’. Such circumstances include, but are not limited to: the destruction or damage of your boat through fire, flood, explosion, storm or weather damage; accidental damage; criminal damage or any other force outside of our control. These also include flooding, shortage of water, obstruction, repairs to any waterway, lock or navigational equipment, shortage of or non availability of fuel, riots or civil strife, industrial action or nuclear disaster, fire, adverse weather conditions, port blockades, war or threat of war, and actual or threatened terrorist activity or similar.
11. Hirer’s suitability
The Hirer must accept responsibility for the proper conduct of him/herself and any members of their party. Le Boat cannot be held responsible for under-age consumption of alcohol. We reserve the right in our absolute discretion to terminate without further notice the holiday arrangements of any client who refuses to comply with the instructions or orders of the company staff, agent or other responsible person whose behaviour in their opinion is likely to cause distress, damage or danger or annoyance to other customers, staff, any third party or to property. Upon such termination our responsibility for your holiday ceases and we shall not be liable for any extra costs incurred by you.
i). If you change or cancel your booking:
If, after our booking confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date, boat or destination, we will do our utmost to make these changes, but it may not always be possible. If you or any member of your party is unable to proceed with the holiday, you can transfer the booking to a substitute person, providing they satisfy all the conditions applicable to the original booking and your request is received by us at least 14 days prior to departure. Any request for changes to be made must be in writing signed by the Lead Name or your travel agent. The price of your holiday may increase or decrease to reflect the changes requested by you. You will be asked to pay an administration charge of €50 per booking amendment and any further cost we incur in making this alteration. Please check whether your holiday insurance will cover any changes or increased costs resulting from a change. Should you request a major alteration within 10 weeks of departure date (such as a change of date or area) or if you want to amend your holiday departure date to a date not within the current year then this will be treated as a cancellation and re-booking. ou or any member of your party may cancel your travel arrangements at any time.
Cancellations fee :
- More than 70 days / 10 weeks : Deposit only
- 70 - 43 days (10 to 6 weeks): 40% of total holiday cost
- 42 - 15 days (6 to 2 weeks) : 60% of total holiday cost
- 14 days and under (2 weeks or less) :100% of total holiday cost
Amendment fee :
- £35/€50 amendment fee
- Major cancellations requests within 70 of departure are treated as a cancellation and rebook, with the above cancellation fees applicable.
Written notification (by post or email) from the Lead Name or your travel agent on your behalf must be received by our After Sales Team. Cancellation will be effective on the date which it is received by Le Boat. Note: If the reasons for your cancellation are covered under the terms of your insurance policy, you may be able to reclaim these charges.
Cancellations accrue the following charges: Compensation per person by Period before departure within which a major change is notified to you or your travel agent:
- More than 70 days: Nil
- 43 - 70 days: £10 /€12 per person
- 15 - 42 days: £20 /€25 per person
- 14 days & under : £40 /€50 per person
ii). If we cancel or amend your holiday:
The arrangements for holidays in this brochure are made many months in advance and it is sometimes inevitable that changes or cancellations may need to be made. We reserve the right to make such changes should they become necessary. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. Sometimes we may have to make a major change to your booking, this would include, but is not limited to, change of cruising area, change of departure date and change of boat to a lesser model. If we have to make a major change to your holiday (other than due to your default in payment) we will:
a) Offer you an alternative holiday to the same or better standard (where available)
b) Offer you a lesser holiday and a refund of the difference in price (where available); or
c) Cancel your holiday and give you a full refund of all monies paid excluding any insurance premiums paid to us.
In all cases, except where the major change arises due to reasons of Force Majeure (see clause 11) or due to insufficient bookings to operate a particular base we will as a minimum pay compensation as detailed above. We strongly recommend you provide us with an emergency contact telephone number in case of any unexpected changes that need to be made to your holiday at short notice.
13. Accidents and Loss/Damage of Equipment
If the boat is involved in an accident of any nature, the Hirer must immediately contact the base and complete an accident report form (found on board) and ask any other party involved to complete the same form. The Hirer will not ask for any repairs to be carried out without Le Boat’s agreement. On arrival, the Hirer will be asked to check the boat for external signs of damage and indicate these areas on a separate form. The Hirer will also be asked to sign an inventory list detailing all critical items of inventory for which a separate fee is charged should they not be returned, or returned damaged. Should any equipment be lost, stolen or broken, the Hirer must report this on return of the boat. A separate fee for certain items lost or damaged will be charged. This must be paid for locally and in local currency. Such items include, but are not limited to: gangplank, tv/dvd remote controls, mallet, pegs, parasol, outdoor table and chairs. A refundable deposit is payable, in local currency, upon collection of your boat for the following optional extras where available: Stand-up Paddle Boards (€250) Angling Dinghys (€500), BBQs (€100), Parasols (€25), Wifi Packs (€50). The deposit will be refunding upon return of each item in good condition and full working order.
14. Embarkation/Disembarkation and Cruising Route
Embarkation & Disembarkation: Boat embarkation time is from 16:00 on your start day and disembarkation must be by 09:00 on the final day. For an additional fee(s), and subject to operational constraints, early boarding from between 11:00-12:00 and after 14:00 and late check-out from 12:00 can be pre-booked and will be detailed on your booking confirmation summary.
Cruising route: For operational reasons, the Company reserves the right change the direction of your one-way cruise; to make a one-way cruise a return-to-base cruise and to make a return-to-base cruise a one-way cruise. Such changes may be required at late notice. These changes will not entitle the Hirer to cancel with a refund or compensation.
15. Navigational Restrictions
The Le Boat brochure offers a number of cruising suggestions for each region based on our experience and knowledge of the area. At the start of your cruise you will receive detailed cruising information for your region, clearly stating which waterways are navigable and which are prohibited or restricted. The base team will also advise on any specific routes which are prohibited or restricted, or procedures falling under the control of Inland Waterways Authorities for your cruising area. Our Customer Guarantee (See clause 16) does not cover cruising in areas that are prohibited or restricted. Customers who require assistance (towing/haulage) as a result of cruising in prohibited/restricted areas will incur an additional charge, payable locally in local currency. Please contact the sales team prior to departure if you wish to cruise on any waterways not covered in our brochure. The locks are closed on some bank holidays, (eg 1st May, 1st November and 14th July) in most of our cruising regions. For more information, please contact our team.
16. Technical Assistance
Le Boat has a breakdown service during normal working hours every day of the week. We will endeavour to attend and repair a breakdown or technical incident as quickly as possible. Our Customer Guarantee is that, if your boat is considered unusable for more than half a day, you will be offered compensation based on the daily hire rate. The Hirer will have no claim against Le Boat for any failure caused by the Hirer including but not limited to grounding, and in such instances the company will reserve the right to recover from the Hirer the expenses incurred in rectifying the matter..
17. Return of the boat / Cleaning service
The boat must be returned by 09:00 on your final day at the correct base, unless you have booked and paid for a late check-out, in which case the boat must be returned by 12:00. Late returns will incur an abandonment fee of £700 /€1000. All customers must return the boat in a reasonably clean state with the following completed: i) all rubbish neatly bagged up; ii) all crockery and utensils cleaned and re-stored; iii) beds stripped; iv) decks mopped. If the boat is left in an unsatisfactory condition, the boat’s cleaning fee will be charged. Cleaning service: You may pay an additional cleaning fee of £70- £130 /€80-€150 dependant on the size of the boat and we will take care of the final cleaning of your boat. In this case all you are asked to do is to bag up your rubbish.
18. Fuel Charges & Fuel Deposit
Fuel is charged according to market rates and is subject to fluctuations in diesel prices. At the time of going to press, the hourly fuel charge is £4-£10/€5-€15 depending on boat type and usage, but could have since changed. In France, Germany, Holland, Belgium and Italy, Le Boat charges for fuel according to the amount of hours the engine has been running. At the start of your cruise you will be informed how much the hourly charge will be and the current engine hours on your boat will be agreed and recorded with you. In Ireland, England and Scotland Le Boat charges fuel by the litre. At the start of your cruise your boat will have a full tank of fuel and you will be advised by the base staff how much your fuel will cost per litre. Before departing the base you will be required to leave a Fuel Deposit payable locally in local currency. At the end of your holiday you will either pay an additional fuel cost to cover the amount of fuel actually used, or you will be due a refund if your fuel consumption is less than the deposit paid.
19. Other costs
while you cruise Any services you use while away from our base, such as mooring fees, shore power, marina facilities (e.g showers) and/or fresh water and pump out services must be paid for at your own expense.
20. Boat Descriptions & Fleet availability
Boat layout plans, specifications and illustrations in the brochure are for general guidance. Some models within boat classes have minor variations. Fleet availability for each cruising suggestion / cruising region is correct at time of going to press, but is subject to change without notice.
To allow for additional cleaning, a supplement of £40 / €45 per pet is charged to take a maximum of two pets on board our boats. You are required to bring a basket/blanket for pets to sleep on and to refrain from letting pets lie on bedding or settees. Please do not leave pets unattended on your boat. If despite paying the pet cleaning supplement the base manager feels extra cleaning is required on the return of your boat, you will be asked to pay an additional boat cleaning fee.
22. Car Transfers
Le Boat staff are insured to transfer cars between bases in all cruising regions where we have two or more bases (except Germany). We are unable to transfer cars heavier than 3.5 tonnes, cars pulling trailers or caravans, campervans or motorcycles. Car transfers are available for a charge, must be pre-booked before departure and are subject to availability. Our base teams can transfer hire/lease cars, but you should check with your hire/leasing company first as the terms of your agreement may not permit this. If it is permitted your hire/leasing company may charge you extra to add a member of our base team as a named driver. For operational reasons, we may not know the name of the driver until the week of your departure.
23. Passport and Visa Requirements
Whilst we are able to provide basic advice to clients regarding passports and visa requirements, you should check with the appropriate Embassy, Consulate or British Foreign Office for the exact requirements for your chosen holiday. It is your responsibility to ensure that you have the correct passport and visas for the holiday. If you fail to do so, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements.
If you have a complaint whilst you are on holiday, please inform the base manager or a Le Boat office immediately so that remedial actions can be taken. If you wish to make a claim against us then you must notify us in writing within 35 days of your return home by writing to a Le Boat office or your travel agent - details of which can be found on the cover of this brochure. We can usually sort out any complaints you may have, but if we cannot agree you can take the matter to arbitration administered by IDRS, part of the Chartered Institute of Arbitrators. Details and application forms are available from ABTA Ltd, 30 Park Street, London, SE1 9EQ, www.abta.com.