Your contract is with Herbert Woods LLP (referred to throughout these terms and conditions as “HW”). Any contract to hire a boat listed in this brochure and current supplements incorporates conditions below and is between HW and you as the hirer. The contract does not take effect until HW dispatch written confirmation of your booking to you. The contract is made in England and is governed in all aspects by English Law.
All Correspondence will be sent to the address on the booking form. HW may refuse to accept a booking at its discretion and will not accept any booking from a person less than 18 years old.
On booking you will be required to pay a booking deposit in part payment for the cost of your boat. It will be refunded if your booking is not confirmed by HW. The balance of the holiday price must be received by HW no later than 56 days before the holiday start date. If booking within 56 days, full payment must be made when booking. If booking within 14 days of the start date, full payment must be made by debit or credit card. It is not normal practice to send reminders and if final payment is not received as required, HW may cancel the booking and apply charges (see paragraph 8). Travel documents will not be released until full payment has been received by HW. Post dated cheques are unacceptable and HW may recover the cost of any bank charges or other costs incurred in handling dishonoured cheques, direct bank payments and foreign currencies. When making a payment by credit card (but not debit cards), there will be a surcharge of 1.5% of each payment.
HW guarantees that there will be no surcharges within 56 days of your departure but reserves the right to alter the price of any of its holidays before you make your booking.
All hire terms are inclusive of VAT and quoted in £ sterling per boat per week/short break equipped as described unless otherwise stated. As soon as the booking is confirmed by HW, the hire terms are guaranteed unless there is a change in the rate of VAT.
Insurance against cancellation or curtailment of your holiday is mandatory – this payment is included in the holiday price and details of the policy can be found on page 1. Insurance will only be provided on receipt of a completed and signed booking form. We also strongly recommend that you have adequate personal insurance cover for your holiday needs.
If you wish to change your booking after HW has issued your confirmation, HW will do its best to help but has no obligation to make any change other than to allow you or any member of your party to transfer the booking to another party or parties, provided that written notice is received from the person who signed the booking form. Transfer from one boat to another within this brochure will normally be possible. If HW is able to make changes, an administration fee of £25 will be charged. Please note that major changes may be treated by HW as a cancellation by you and will be subject to charges referred to in paragraph 8. Any change you wish to make to your holiday once it has been confirmed is your sole responsibility.
If you are forced to cancel your booking you must notify HW immediately by telephone and send written confirmation (signed by the person who signed the booking form) by Recorded Delivery to Potter Heigham and enclosing your booking confirmation. The cancellation will be effective from the date HW receives written confirmation. If the reason for cancellation is within the terms of the HW cancellation protection, you will receive a refund of monies paid less the cancellation protection fee and a cancellation administration charge of £35. If the reason for cancellation falls outside its terms, HW will make a charge as below.
(a) Cancellation 56 days or more prior to start date: HW will retain the initial payment only. If you have not paid the full initial payment shown in the brochure at the time of booking, you must pay the shortfall.
(b) Cancellation less than 56 days before start date (or if HW cancels because you fail to pay the balance of the holiday price as required by paragraph 3) - you will be liable to pay the whole balance less any hire charges HW may be able to recover by re-letting the boat. If you have received your Herbert Woods travel documents, no refund (if due) will be made until these are received back by HW. It is not possible to make refunds for any other services booked but not used.
Qualifying Reasons for CancellationDeath, illness, bodily injury, pregnancy or childbirth providing pregnancy commences after the insurance is affected. Jury service, witness call.
Redundancy of hirer or their partner. Cancellation of arranged leave in respect of a member of HM Forces or police or unexpected occupational posting within six weeks of the commencement date of the holiday or fire, storm, flood, subsidence or malicious damage rendering the home uninhabitable.
Police requiring presence following a burglary or other incident at home or place of business.
Death, serious injury or serious illness of any member of your immediate family, fiancé(e), close business associate, partner or co-director.
HW reserves the right to make changes when they become unavoidable or necessary. If a material change is made to your holiday HW will inform you as soon as reasonably possible. A material change is one that is a change of boat to that of a lower category or price. In the event of material change you may choose to:
(a) Accept the alteration and the contract will be varied accordingly.
(b) Purchase an alternative HW holiday (where available) with credit being given for the price of the cancelled holiday; or
(c) Cancel and receive a refund of money you have paid.
HW will not cancel your holiday within 56 days of your departure unless it has to for reasons in paragraph 11 or unless payment is not received as per paragraph 3. HW may cancel your holiday at its absolute discretion on or before the date when payment of the full holiday price becomes due. If HW cancels, they will inform you as soon as reasonably possible and you will be offered either:
(a) A holiday of comparable standard (if available) together with a full refund of any price difference; or
(b) A full refund of any monies you have paid.
HW may at its absolute discretion refuse to hand over a boat or terminate a holiday where, in the opinion of HW a person or groups likely to cause damage, distress or annoyance to the boat, other persons or property. In such an event, HW will be under no obligation to refund, compensate, or indemnify you.
No compensation will be paid by HW where cancellation or material change arises from:
(a) Unusual or unforeseeable circumstances beyond HW’s control such as war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions including flooding of waterways.
(b) Your failure to pay the balance of the holiday price within the time stipulated.
(c) As a result of your behaviour as set out in paragraph 10 above.
(a) Unless otherwise stated, the time of arrival is 4.00pm on a one week hire and 2.30pm on a short break hire.
(b) In the event of problems preparing the boat, the right is reserved to delay departure without compensation until a repair is affected.
(c) HW will give you a demonstration and explain the controls of the boat and its equipment. You must notify HW as soon as possible, of any fault with the boat or its equipment so that it can be rectified.
(d) Non-arrival at the boatyard by mid-day on the day following start date without prior notification shall entitle HW to treat the booking as cancelled as per paragraph 8.
(e) Unless otherwise stated you must return the boat (with all gear and equipment) to HW’s boatyard in a clean and tidy condition by 9am on the final day of hire. The boat will be inspected and a charge will be made if the boat is returned late or is not clean and tidy.
(f) You will be supplied with, on loan, a fully automatic life jacket for all adults and buoyancy aids for any children and shown how to use them. HW recommends that every member of the crew wears a life jacket when moving around on the outside of the boat.
You (the Hirer) are responsible for the boat’s safe navigation and for the actions of each member of your party and you must take all reasonable care. No minor (aged under 16) may control the boat without the direct supervision of an adult. In the event of damage to or breakdown of the boat rendering it inoperable, however caused, no responsibility can be accepted by HW for loss of time or cost of alternative accommodation or any other damages or expenses incurred as a result. In the case of any accident or damage to the boat or any other craft or to waterway 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 hirer and witnesses (where applicable); and:
(b) Immediately report these facts to HW boatyard with full details and extent of the damage; and
(c) Report the full details in writing to HW on return from holiday quoting your booking reference number. No repairs may be put in hand without HW’s consent.
(d) On returning the boat at the end of your holiday you must inform HW of any damage or items broken, lost or stolen.
Although boats are insured by HW, you (The Hirer) are primarily responsible for any damage or loss to the boat and its equipment or for any damage to third party property. You will be held responsible for the actions of the other members of your party. HW will require:
(i) A damage waiver payment. This will indemnify you for any accidental loss or damage to the boat, its equipment or to any third party property (unless you are a member of crew from which a Security Deposit is required as described in paragraph (ii) below). The damage waiver is payable on booking and is non-refundable.
(ii) A Security deposit of £50.00 per berth (e.g. 4+2 berth = £300), secured by credit / debit card is required for all single sex and non family groups, and is payable 56 days before arrival. HW also reserves the right to charge an additional security deposit, secured against the Hirers credit card, for any non-family group and for certain stag or hen parties, payable on arrival. If you return the boat on time, in a clean condition and without damage, loss of equipment or third party claim against you, the deposit will be repaid to you within 7 days. However, where damage has occurred or been reported, all or part of your security deposit may be withheld by HW, to cover the cost of repairs, extra cleaning and loss of use of the boat, where applicable. Notwithstanding the above if you or any member of your party either fail to comply with booking conditions or cause negligent, wilful or criminal damage you will be fully liable for any loss incurred.
(iii) A fuel deposit to cover the cost of fuel used. The value of any unused fuel will be refunded upon your return at the end of your holiday. Fuel costs exceeding the fuel deposit will be charged to you. For further information see page 1.
Every boat is checked before the commencement of hire and in the event of problems preparing the boat for your holiday the right is reserved to delay departure without compensation until work is completed. If a breakdown, malfunction or problem of any kind occurs you must report it to HW immediately so that repairs can be made to enable you to resume your cruise. You must not wait to report it until you return at the end of your holiday. If HW is informed they will take steps to rectify the problem as quickly as is practical in the circumstances. Apart from these obligations, HW 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 problem. HW 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.
You are responsible for any charges made by the above in respect of loss of or damage to their property caused by you while in charge of the boat.
On no account may you:
(a) Tow or be towed by other cruisers unless with professional assistance.
(b) Cruise after dark (your boat is not equipped or insured for night navigation).
(c) Permit your boat to be taken out to sea.
(d) Permit your boat to take part in any race.
You must navigate in accordance with current bye-laws and must observe the speed limits applicable to the waterway.
You must not under any circumstances attempt to pass under Wroxham or Potter Heigham bridges without using the services of the Bridge Pilot (The cost of this service is included in your hire charge).
Any damage caused to the boat and/or the bridge if you were to fail to comply with this rule will be regarded as wilful, not accidental damage and therefore the direct responsibility of the hirer, not covered by the damage waiver. You must not attempt to sail down the River Bure approaching Gt. Yarmouth, except at slack water (normally 1 hour after low water at Gt. Yarmouth) see tide tables in Skippers Manual. No hire boats may be taken below Haven Bridge, Great Yarmouth or through the lock at Oulton Broad. More detailed information is provided in the Skippers Manual on your boat.
Please read your skippers manual carefully before attempting to cross Breydon Water, which can be done safely with care. Failure to observe the instructions in the Skipper’s Manual with regard to navigating across Breydon Water which results in the boat going aground or suffering damage will be regarded as negligent and/ wilful damage and will not be covered by the damage waiver. If it is necessary for a rescue or tow boat to be summoned to tow you on Braydon Water you will at HW’s discretion be charged up to £150 for arranging for a boat to attend the incident.
You may not take and use onboard the boat any gas appliances; portable heaters of any type; lighting equipment; hair straighteners; barbecues or any items which may cause danger to the boat, its equipment or its occupants.
HW 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 parked at the boatyard) unless it is caused by HW’s negligence or wilful default.
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, HW will offer assistance and advice as far as is practical.
To comply with the terms of hire boat licensing regulations the number of persons indicated for each boat must not be exceeded at any time.
Optional extras such as dinghies, etc... may be available at extra charge as stated in the brochure, but are subject to availability on your hire start date.
One pet is normally allowed aboard a boat, at an extra charge, unless otherwise stated in the boat details.
Every effort has been made to ensure that individual boat descriptions contained in the brochure are correct. However, the right is reserved to make modifications to boat specifications that are considered necessary in the light of operating requirements. Layout plans in the brochure are for general guidance and are not to scale. Illustrations and photographs of standard production-built boats are sometimes used and the interior and exterior colour scheme and layout of your boat may therefore not be identical with the one in the brochure.
Any dispute, difference or question which may at any time arise out of the contract or the subject matter thereof shall be referred to a single arbitrator to be agreed upon between the parties (or failing agreement to be nominated by the Chartered Institute of Arbitrators on the application of either party) in accordance with the provisions of the Arbitration Act, 1950, or any statutory modifications or re-enactment thereof for the time being in force. These conditions supersede all previous issues.