Conditions of hire Crown Blue Line, Connoisseur, Emerald Star 2007
Crown Blue Line/Emerald Star/Connoisseur operates, for the
puposes of its UK and European mainland boating holidays, through the company,
Prestige Boating Holidays Ltd, whose registered office is at 1 Stokes Place,
St Stephen's Green, Dublin 2, Ireland (Reg.no.323416, Ireland). For the
purposes of its Irish boating holidays Crown Blue Line/Emerald Star/Connoisseur
operates through the company, Emerald Star Limited, whose registered office
is at 1, Stokes Place, St Stephen's Green, Dublin 2, Ireland (Reg.no. 29035,
Ireland)
1. Booking
Please complete and sign our, or the travel agent’s,
booking form and pay the 35% deposit. The person who signs the form is
called the “Lead Name”. They must have the authority to sign on behalf
of all the other travellers in the group. When the Lead Name signs the
form, they confirm that the people named on it accept the booking conditions.
The Lead Name is responsible for the full cost of the holiday, including
insurance premiums and cancellation or amendment charges. We will send
all documents and other information to the Lead Name, who must inform other
members of the party. Reservations can be held without payment for 48 hours.
2. Payment of balance
The balance of the hire charge must be paid 8 weeks before
the cruise start date. If payment is not received by this time, your holiday
will be cancelled and you will lose your deposit. If you book through a
travel agent, all contact with you will be via them. Money, which you pay
to the travel agent, will be held on trust by them on your behalf.
3. Conditions of hire
Hirers must be over 18 years of age.
The minimum number of people required to hire a boat
is 2. 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. Cancellation
Cancellation must be notified in writing to Crown Blue
Line/Emerald Star/Connoisseur by the Lead Name. If you cancel your holiday,
more than 90 days before the holiday is due to start Crown Blue Line/Emerald
Star/Connoisseur will retain the 35% deposit. In all other cases the hirers
remain responsible for payment of the full hire price.
| Cancellation or amendment type |
MORE THAN 56 DAYS
before departure |
LESS THAN 55 DAYS
before departure |
| Cancellation of cruise |
cost 35 % of the total hire charge |
cost 100 % of the total hire charge |
| Modification to a cheaper cruise |
refund of difference less a 50 euro admin fee |
50 euro admin fee and no refund of difference |
| Modification to a more expensive cruise |
50 euros admin fee plus the price difference |
50 euros admin fee plus the price difference |
| Change of route/direction |
50 euro amendment fee plus refund of difference or difference
in price charged |
50 euros amendment fee plus no refund of price difference
or one-way fee. Incremental price difference charged |
| Change of region/country |
50 euro amendment fee plus refund of difference or difference
in price charged |
50 euros amendment fee plus no refund of price difference.
Incremental price difference charged |
*Note: If changing from a return trip to a one way trip,
the one way fee of €100 is also applicable. If you have taken out
our Travel Insurance and the reason for cancellation is within the scope
of the insurance, then the deposit or balance of the hire maybe reclaimed
from Chase Parkinson Ltd.
5. If we cancel or amend your holiday
If we have to make a major change to your holiday we
will offer you an alternative holiday to the same standard or a full refund
of any monies paid. Should your chosen boat not be available to charter
through no fault of Crown Blue Line/Emerald Star/Connoisseur, we will provide
an alternative boat acceptable to the hirer. Alternatively we will refund
the hirer the boat hire cost.
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. We reserve the right in any circumstances
to cancel your holiday. However, we will not cancel your holiday less than
8 weeks before your departure date, except for reasons beyond our control,
or the failure by you to pay the final balance.
6. Insurance
Crown Blue Line/Emerald Star/Connoisseur 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. 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 a result of not obeying the instructions of a member
of Crown Blue Line/Emerald Star/Connoisseur staff. If the insurer fails
to indemnify Emerald Star/Connoisseur because of the above then the hirer
is responsible for all costs, losses, expenses, damages and claims incurred
by, or awarded against, Crown Blue Line/Emerald Star/Connoisseur which
would otherwise be covered by the indemnity. Crown Blue Line/Emerald Star
/Connoisseur insurance does not cover the hirer’s personal belongings.
7. Damage Waiver
Insurer's charge Emerald Star/Connoisseur an excess with
every incident for which a claim is made. To encourage a duty of care from
you, the hirer, and to contribute to covering this cost we ask you to pay
either:
Option 1 Refundable Damage Deposit
On arrival at the base, you leave a refundable damage
waiver of €1500, which will only be exercised if the boat or any of
its equipment/inventory is returned damaged or lost, 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.
Option 2: Non-refundable damage waiver
This charge between €75 and €155 can be paid
on arrival or at the time of booking. With this option you will be fully
covered if the boat or any of its equipment inventory is returned damaged
or lost, 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.
These charges do not alter the hirer’s potential liability
outlined in the insurance paragraph above.
8. Embarkation/Disembarkation and Cruising Route
Boat embarkation time is from 4pm on your start day and
disembarkation must be by 9am on the return day. Available boats will be
allocated to clients strictly on a rotational basis from the time a client
arrives at the base and presents himself/herself for boarding. Crown Blue
Line/Emerald Star/Connoisseur shall not be liable for any loss or damage
as result of any delay in boarding the boat due to circumstances beyond
its reasonable control. The Company reserves the right to make changes
to the times/and or direction of the cruise. Minor changes will not entitle
the hirer to cancel and be entitled to a refund.
9. If we change your boat
If we have to make a major change to your holiday we
will offer you an alternative holiday to the same standard or a full refund
of any monies paid. Should your chosen boat not be available to charter
through no fault of Crown Blue Line/Emerald Star/Connoisseur, we will provide
an alternative boat acceptable to the hirer. Alternatively we will refund
the hirer the boat hire cost. 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.
10. Prices
The prices quoted in the brochure are based on costs,
exchange rates, taxes and levies as known at July 2006. Crown Blue Line/Emerald
Star/Connoisseur reserves the right to revise prices in the event of any
substantial changes.
11. Navigational Restrictions
Our 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 a Waterways Guide and/or detailed
cruising notes 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 the National Inland Waterways Authorities.
Our guarantee does not cover cruising in areas that are prohibited or restricted.
Please contact the sales team prior to departure if you wish to cruise
on any waterways not covered in our brochure.
12. Accidents and Loss 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 supplied and ask any other party involved to complete the same form.
The hirer will not ask for any repairs to be carried out without Crown
Blue Line/Emerald Star/Connoisseur prior agreement. Should any equipment
be lost, stolen or broken, the hirer must report this on return of the
boat.
13. Bicycle Theft Waiver
You can insure your bicycle against theft for a charge
of between €10.00 for one week and €15.00 for two-week. This
can be booked and paid for on arrival at the start base.
14. Technical Assistance
Crown Blue Line/Emerald Star/Connoisseur has a breakdown
service during normal working hours every day of the week. We will endeavour
to attend & repair a breakdown or technical incident as quickly as
possible. The hirer will have no claim against Crown Blue Line/Emerald
Star/Connoisseur 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 repairing the
boat.
15. Security Deposit
Before departing the base on board your cruiser, you
will be required to leave a Security Deposit of €150. This deposit
is towards the cost of the following incidentals:
• Fuel Charges (See under fuel charges) • Cleaning Fee
(See under return of the boat)
• Grounding Fee – Charged if you ground the boat and
assistance was required
• Damage to or loss of bicycles
16. Return of the boat
The boat must be returned by 9am on your final day at
the correct base. Late returns will incur an abandonment fee of €500.
If the boat is left in an unsatisfactory condition a cleaning fee of between
€50 and €100 will apply dependent on the type of boat.
17. Fuel Charges
In France, Holland and Germany, Crown Blue Line/Connoisseur
charges the amount of hours the engine has been running. At the start of
your cruise you will be informed how much the per hour charge will be and
the current engine hours on your boat will be agreed and recorded with
you. In Ireland, Italy, England and Scotland, Crown Blue Line/Emerald Star/Connoisseur
charges for fuel by the litre. At the start of your cruise the boat will
be handed to you with a full tank of fuel and you will be informed by the
staff member how much your fuel will cost per litre.
18. Air Travel Conditions of Carriage
You must comply with the conditions of carriage applied
by land, sea and air carriers. The provisions of the Warsaw Convention
1929 (as amended) concerning the carriage of passengers and their luggage
by air, and the airlines’ conditions of carriage, may apply to you and
your party during your flight, and during boarding and disembarkation.
These provisions and conditions may limit or exclude liability for death
or personal injury, or loss of or damage to luggage, and may make special
provisions for valuables. We will supply a copy of the conditions of carriage
applicable to your flight, and of the Warsaw Convention, if you request
them."
19. Your security – Limitations on our liability
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. However you should be aware that
these vary widely across the programme and may well not match those standards
enjoyed in Ireland. Any compensation payable by First Choice shall be limited
in accordance with the lowest limit allowed under applicable International
Conventions governing the services, or the amount you can recover from
them under the laws of Ireland, or the relevant country in which |they
operate. Transport operators have their own conditions of carriage, which
form part of your contract with us. These conditions, and the provisions
of the International Conventions, generally limit the liability |of transport
operators.
20. Sea and Rail Conditions of Carriage. When you book
your travel with a carrier, the conditions of that carrier will apply,
some of which limit liability. Clients should note carefully that such
conditions include clauses limiting or excluding liability in respect of
injury, loss or damage. All members of the party are subject to the carrier’s
terms and conditions. This brochure is issued on the sole responsibility
of Crown Blue Line/Emerald Star/Connoisseur. It is not issued on behalf
of, and does not commit the carriers mentioned, or any carrier whose services
are used in the course of the holiday. Any cancellations by the hirer may
incur charges levied by the carrier for which you will be responsible.
21. Hirers suitability
The hirer must accept responsibility for the proper conduct
of him/herself and any members of their party. Crown Blue Line/Emerald
Star/Connoisseur 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 reasonable instructions or orders of the company staff, its agent
or other responsible person and 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.
22. Boat Descriptions
Boat layout plans, specifications and illustrations in
the brochure are general guidance. Some models within boat classes have
minor variations.
23. Force Majeure
We regret we cannot accept responsibility for or 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 without restriction: 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.
24. Complaints
If you have a complaint whilst you are on holiday, please
inform the base manager or a Crown Blue Line/Connoisseur/Emerald Star 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 28 days of your return
home by writing to our Customer Services Department at Emerald Star/Connoisseur,
The Marina, Carrick -on-Shannon, Co Leitrim, Ireland. Disputes which cannot
be amicably settled, may (if you so wish) be referred to the arbitration
under a special scheme which, although devised by arrangement with the
Irish Travel Agents Association, is administered quite independently by
the Chartered Institute of Arbitrators.
25. Dogs
Dogs can be taken on Crown Blue Line/Emerald Star/Connoisseur
holidays. We do impose a charge for taking dogs and we ask you to bring
a basket/blanket for the dog to sleep on. Animals are not allowed to lie
on bedding or settees. Please do not leave dogs unattended on your boat.
If the base feel extra cleaning is required on the return of your boat,
you will be asked to pay the cleaning fee.
26. Data Protection
To ensure that your holiday runs smoothly, we (and your
travel agent, if you use one) need to use information such as your name
and address etc. We will apply appropriate security measures to protect
this data. However, we must pass it to suppliers of your holiday arrangements.
We may also supply it to security or credit checking companies, and to
public authorities such as customs and immigration. If we cannot pass this
information to the relevant suppliers we cannot provide your holiday. When
you make this booking, you consent to this information being passed to
the relevant people. Information held by your travel agent is subject to
that company’s own data protection policy. We can supply a copy of your
information held by us; there is a small charge for providing this. |