FOR THE ATTENTION OF THOSE WISHING TO HIRE SELF DRIVE HIRE BOATS:
TERMS AND CONDITIONS OF HIRE (Updated 12/3/2013)
Self drive boats are offered for hire by Helford Properties limited whose registered office is at Maricel, West Bay, Maenporth, Falmouth TR11 5HP, trading as HELFORD RIVER BOATS (The Company)
All boats offered for hire by The Company are licensed by Kerrier District Council (The Council). Boats are regularly inspected by The Council for seaworthiness and professionals regularly service engines.
Boats are only hired to members of the public over 17 years old. Persons under the age of 17 are not permitted to drive self drive motor boats.
Boats are hired to members of the public (The Hirer) which expression includes all members of the party hiring the boat in question and The Company reserves the right not to hire a boat to any person whom it considers is unsuitable to operate the type of boat in question, upon the following terms:-
(a) No liability to The Hirer is accepted by The Company for loss or damage to the Hirer’s belongings
(b) No liability to The Hirer is accepted by The Company for injury to or death of The Hirer during the course of the hire or during embarkation or disembarkation and Hirers use the pontoons, quays, foreshores and beaches of the river entirely at their own risk.
(c) The Company will:-
(1) Instruct The Hirer how to operate the safety and other equipment on board the boat and in the case of motor boats instruct The Hirer how to operate the motor but The Hirer uses the same at their own risk
(2) Draw to the attention of The Hirer the map of the river and the area of permitted use
(3) Ensure that the boat and its equipment are in a functional state during the hire and that there is sufficient fuel for the hire but to a maximum of one day only
(4) Make available life jackets or buoyancy aids for all members of the party but shall not be held liable to a Hirer who does not wear or require the same
(5) Take advance bookings only on the condition that no refunds will be made unless the contract is cancelled by The Company in the event of high winds, bad sea conditions or if the boat is unavailable due to breakdown. Rain alone is an insufficient reason for The Company to make a refund.
(d) The Hirer will:-
(1) use the boat in the manner which is consistent with the rules of navigation and shall at all times take into consideration other users of the river whether in boats or not
(2) keep to the area shown on the map in each boat and not use the boat outside of this area and take particular care when using the boat in areas hatched on the map which can dry out at low tide. The Company accepts no liability whatsoever for any damage, loss, injury to or death of Hirers arising outside the permitted area
(3) not use the boat after dusk (No hire boats are licensed or insured for use after dusk)
(4) be responsible for extra hire fees if the boat is late in being returned for any reason except if such lateness is caused by failure of the motor or of equipment in the boat in which case The Hirer shall be entitled to a refund of their hire fees in the proportion affected by such failure but no further compensation unless The Company has failed to take reasonable care
(5) take care to ensure that all members of the party conduct themselves in a manner which is consistent with the rule of navigation, safety on board the vessel, and all matters which are reasonable to expect from The Hirer of a private self drive boat, and not permit persons under the age of 17 to drive the motor boat
(6) be liable to The Company for all damage to the boat, its contents and equipment caused by The Hirer ‘s unreasonable behaviour
(7) return the boat after hire in the same state and condition as it was when hired and if The Company is required to clean or tidy the boat as a result of failure of The Hirer to comply with the Term and Conditions then The Hirer shall pay The Company a reasonable fee for such extra work.
In the case of all hire boats, but especially rowing boats and kayaks, The Company will rely upon representation by The Hirer as to their experience, competence and capability in such boats and while the ferries and at other times boats provided by The Company will act as rescue boats in the case of emergencies The Company shall not be liable for any loss or damage to any boats, its equipment or to The Hirer’s belongings whatsoever or to any injury to or death of The Hirer or third parties arising out of lack of experience or care or caused when The Hirer takes the vessel out of view or away from the immediate vicinity of the rescue boats.
Hirers are instructed that boating can be dangerous and that while The Company has taken all reasonable care in the preparation of the vessel and in the provision of safety equipment, The Hirer is responsible for both their own safety, the safety of third parties around them and of the safe return of the vessel. Hirers will be liable to repay The Company for any insurance Excess incurred through any insurance claim made on behalf of the Hirer.
FOR THE ATTENTION OF THOSE USING OUR MARINE SERVICES
TERMS OF BUSINESS
A full summary of our Terms of Business are displayed in our offices.
INSURANCE: All boats/trailers and equipment are left in store, on the beach, on moorings or on other parts of our property or are given to us to tow or move entirely at the owners risk and no responsibility for any damage or loss will be accepted by Helford Properties Limited, their staff or Agencies. Customers are expected to have their own insurance policy to cover any eventuality.
CHARGES are VAT inclusive, at the current rate, and are subject to review without notice.