Conditions of hire Le Boat, Emerald Star
2009
Emerald Star/Le Boat operates, for the purposes
of its UK and European-mainland boating
holidays, through the company, Prestige Boating Holidays Ltd, whose
registered office is at
Third Floor, Block 5, Westland Square, Pearse Street, Dublin 2 Ireland
(Reg. no. 323416, Ireland).
For the purposes of its Irish boating holidays Emerald Star operates
though the company,
Emerald Star Limited, whose registered office is at Third Floor, Block
5, Westland Square,
Pearse Street, Dublin 2 Ireland (Reg. no. 29035, Ireland).
We have prepared this section for our Customers as a guide of important
information designed to
make you holiday decision more straightforward. Please take the time to
read through this section
carefully before you book.
These Booking conditions contain some exclusions and limitations of
liability. If any part of the
conditions provides to be invalid or unenforceable, the rest of the
conditions will remain valid. Our
contract with you shall be governed and construed in accordance with
the law of Ireland and the
parties hereto irrevocably submit to the jurisdiction of the Irish
Courts.
1. Booking
Our contract with you will come into force once we have received a
completed booking form
and/or a 35% non refundable deposit. Holidays can be held without
payment for 48 hours.
2. Your Holiday Price
The prices in this separate price list are in Euros. Prices are
accurate at the date of publication,
but could have since changed. Prices in this price list supersede all
other prices in other
material printed at an earlier stage. Once you have made your booking,
paid a 35% deposit per
booking plus payment for any extras requested (travel insurance, boat
damage waiver, one way
fees), the cost of your holiday will not normally be subject to any
change. This does not apply to
invoice errors or omissions. Once a booking has been made, 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 Payment for your holiday can be
made by credit/debit
card, cheque (made payable to Le Boat) or bank transfer. If the balance
is not paid by the
balance due date, we may cancel your booking and retain your deposit.
Any payment made
by credit card will be subject to a 2% surcharge (capped at €50 per
transaction). This does
not apply to bookings paid by cheque or debit card. Extras not booked
& 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
equivalent currency.
3. Conditions of hire
Hirers must be over 18 years of age.
The minimum number of people required to hire a boat is 2 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 to 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 cruise after nightfall, nor engage
in towing, sub hiring or
lending of the boat.
4. 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.
You or any member of your party may cancel your travel arrangements at
any time. 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 Emerald Star/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:
| Period before
departure within which notice of cancellation or major changes is received by us |
Cancellation Fees |
Amendment Fees
|
| More than 70 days/ 10 weeks |
Deposit only |
€50 amendment fee |
| 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 |
|
5. Cancellation - 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 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 or due to
insufficient bookings to operate a particular base we will pay
compensation as detailed below:
Period before departure within which a major change Compensation
is notified to you or your travel agent per person
More than 70 days - Nil
43 - 70 days - €12
15 - 42 days - €25
14 days and under - €50
Force Majeure means unusual and unforeseeable circumstances beyond our
control, the
consequences of which could not have been avoided even if all due care
had been exercised.
Examples of Force Majeure are listed in clause 23.
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.
6. Insurance
Emerald Star/Le Boat has comprehensively insured the boat. The policy
covers damage or
loss to the boat 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 damages or gross
negligence, persons
being under the influence of drugs or alcohol or as a result of not
obeying the instructions of a
member of Emerald Star/Le Boat staff. If the insurer fails to indemnify
Emerald Star/Le Boat
because of the above then the Hirer is responsible for all costs.
Adults will at all times be
responsible for the minors in their care.
Emerald Star/Le Boat insurance does not cover the Hirer’s personal
belongings. We strongly
recommend that you take out our travel insurance - a summary of the
insurance that we offer
is listed on page 6 of the prices and information.
7. Damage Waiver
Insurers charge Emerald Star/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 costs we ask you to pay either:
Option 1: Non-refundable Collision Damage Waiver*
A charge of between €79- €195, depending on the type of boat, can be
paid on arrival or at the
time of booking. With this option, you are fully covered if the boat or
any of its equipment or
inventory is returned damaged or lost, or if there is any incidental
damage to third parties.
* In certain instances we may insist on a deposit rather than the
waiver.
Option 2: Refundable Damage Deposit
On arrival at the base, you will leave a refundable deposit of €1,500
which will only be
exercised if the boat or any of its equipment or inventory is returned
damaged or lost or in the
case of any accidental damage to third parties.
Please note the damage waiver options do not cover any acts of gross
negligence, such as
damage occurred if cruising outside the instruction given by Le Boat or
rules of river navigation,
cruising under the influence of alcohol or drugs, running aground or
cruising single handed as
stated in the conditions of hire.
8. Fuel Deposit
Before departing the base on board your cruiser, you will be required
to leave a fuel deposit.
This deposit is towards the cost of the fuel charges as described on
page 2.
9 . Embarkation/Disembarkation and Cruising Route
Boat embarkation time is from 16.00 - 20.00(short breaks in Ireland is
14.00) on your start day
and disembarkation must be by 09.00am 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. Emerald Star/Le Boat shall not be liable
for any loss or damages
as result of any delay in boarding the boat due to circumstances beyond
its reasonable control.
A boat briefing and and local cruising brief will be conducted before
you depart the base. 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 with a refund or
compensation.
10. Prices
The prices quoted in the brochure are based on costs, exchange rates,
taxes and levies as
known at August 2008
The price of your travel arrangements may be subject to surcharges for
increases in:
i). Transportation costs e.g. fuel,
ii). Dues, taxes or fees chargeable for services e.g. landing taxes
iii) where payments are made in non Euro currencies based on the
following rates:
€ - £ : 1 / 1.30
€ - US $ : 1 / 0.63
€ - AUS $ : 1 / 0.60
Any benefits derived from decreases in these costs will be passed to
you. In the case of any
small variation, an amount equivalent to 2% of your travel
arrangements, which excludes
insurance premiums and any amendment charges, will be absorbed or
retained. For larger
variations this 2% will still be absorbed for increases but not
retained from refunds. No price
increases will be made within 30 days of departure.
In either case there will be an administration charge of €1 (or
equivalent) per person together
with an amount to cover any agents’ commission. If this means that you
have to pay an
increase of more than 10% of the price of your travel arrangements you
may cancel and receive
a full refund minus any amendment charges.
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
Emerald Star/Le Boat 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 €6
per bike per week and
€10 per bike for two weeks. This can be booked and paid for on arrival
at the start base.
With this option you will be fully covered if the bicycle is stolen.
14. Technical Assistance
Emerald Star/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. The Hirer will have no claim against Emerald Star/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.
15. Liability
Where you have booked a package holiday (as defined in the Package
Travel, Package Holiday
and Package Tours Regulations 1992) through Emerald Star/Le Boat then
we will accept
responsibility for the proper performance of our obligations under this
contract. We will perform
such obligations with reasonable skill and care. We are not responsible
for any failure that is
attributable to you or a member of your party; attributable to a 3rd
party unconnected with the
provision of services to you and is unforeseeable and unavoidable; or
due to Force Majeure.
Where 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 Emerald Star/Le Boat shall not be under any liability at all
(whether in contract, tort or
otherwise howsoever).
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.
16. Return of the Boat
The boat must be returned by 9.00am on your final day at the correct
base. Late returns will
incur a fee of €500. We expect the boat to be returned reasonably clean
i.e. with all bedding
stripped, all crockery and utensils cleaned and restored, floors swept,
decks mopped and
rubbish neatly bagged ready to go ashore. If the boat is left in an
unsatisfactory condition, a
cleaning fee of between €75 and €95 will apply dependent on the type of
boat. (Refer to our
pricing information for our cleaning service price).
17. Fuel Charges
In France, Belgium, Holland Italy and Germany, Emerald Star/Le Boat
charges the amount of
hours the engine has been running. At the start of your cruise you will
be informed of 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, England and Scotland, Emerald Star/Le Boat charges 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. 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.
19. 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.
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 subject to the carrier’s terms and conditions.
This brochure is issued on the sole responsibility of Emerald Star/Le
Boat. 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. Hirer’s Suitability
The Hirers must accept responsibility for the proper conduct of
him/herself and any members
of their party. Emerald Star/Le Boat cannot be held responsible for
under age consumption of
alcohol. We reserve the right to terminate without further notice the
holiday arrangements of
any client who refuses to comply with the 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. Law & Jurisdiction
This agreement will be covered by Irish law and any disputes will be
dealt with by the
Irish Courts.
25. Complaints
If you have a complaint whilst you are on holiday, please inform the
base manager or a
Emerald Star/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 28
days of your return
home by writing to our Customer Relations Department at Emerald Star,
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.
26. Dogs
Dogs can be taken on Emerald Star/Le Boat 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. We restrict to a
maximum of 2 dogs per boat and require the hirer to ensure the boat
layout is suitable for their
type of dog. If the base feels extra cleaning is required on the return
of your boat, you will be
ask to pay the cleaning fee.
27. Data Protection
To ensure that your holiday runs smoothly, we 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 you 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. We can supply a copy of your information held by us; there is a
small charge for
providing this. We may use this information to contact you with details
of other products
and services offered by Le Boat companies. If you do not want this
service, please write to
Le Boat, The Port House, Port Solent, Portsmouth, Hampshire, PO6 4TH.
4.5%
Cancellation guarantee
Crown Blue Line, Connoisseur, Emerald Star
This is to guarantee the repayment of the cancellation expenses, which
would have been due to the company in accordance with the cancellation
conditions. The guarantee is valid if the hirer cancels the booking
before departure for one of the following reasons:
- Serious illness, serious accident, death of the insured, of his/her
spouse, of any near relative (father, mother, sister, brother, child).
- Major damage to main residence, involuntary loss of employment,
professional transfer, jury service.
This guarantee covers all members of the crew included on the Booking
Form. Cancellation of any of the above reasons should be made in
writing to the company within 5 days of the incident accompanied by the
relevant documents: notice of dismissal or redundancy, medical
certificate, death certificate, legal order, etc. In the event of
cancellation, the company will reimburse all amounts already paid,
excluding the cancellation guarantee premium and 85 euros to cover
administrative costs.
|
