Booking Terms and Conditions

Please read this carefully. When you book your holiday with us you are entering into a contract which binds you and us in various ways. You'll see we have clearly set out the booking conditions with a list of responsibilities and commitments we and you have towards each other.

  1. Terms All terms are per week for the boat as equipped and described. Saturday dates are shown. Prices include VAT (where applicable) and insurance premiums include Premium tax - both taxes are at the rate applicable at the time of writing and are subject to change if the rates or application of the tax changes. In the event of a change in the rate of VAT during the course of the year , your holiday will be invoiced at the new amount of VAT unless you have already taken your holiday or paid the balance in full prior to the date of the change. Our hire invoice and booking acceptance is not a VAT invoice.
    We reserve the right to correct errors in advertised prices. We will advise you of any errors in confirmed prices. In this case we will contact you as soon as we become aware of the error. If the correct price is higher and you do not wish to pay this , you will be entitled to cancel and receive a full refund of all monies you have paid to us provided you inform us within 14 days of our advising you of the error. We promise we will not seek to correct any error in a confirmed price within 8 weeks of the start of your holiday or more than 7 days after you make your booking. You can normally board your boat at 2.30pm (subject to unavoidable delays) the time shown on your hire invoice. You must advise us using the telephone number on your hire invoice if, due to unavoidable delays in your journey , your arrival time is likely to be after 3.30pm
    Your boat must be handed back not later than 8.30am to the boatyard from which you stated your cruise. Your are always welcome to moor at your boatyard on the evening before you hand back your boat. You are obliged to leave everything in a clean and tidy condition. If you fail to return your boat on time and/or in a clean and tidy condition you are liable to an extra charge at the discretion of the boatyard.
  2. Making a booking When you book you are accepting on behalf of your party the terms of these booking conditions. A binding contract comes into existence once we have received your deposit and we have issued a hire invoice and booking acceptance by email, fax or post. The contract shall be deemed to have been made at our office and be subject to English Law. We both agree to submit any dispute to the exclusive jurisdiction of the Courts of England and Wales. In all cases these booking conditions form the basis of your contract.
    You must check your hire invoice and booking acceptance as well as all other documents we send you carefully as soon as you receive them. If any information appearing on any document appears to be inaccurate in anyway, you must let us know straight away. We cannot accept any liability if we are not notified of any inaccuracy in any document within 10 days of our sending it out.
  3. Number in your party No boat may normally carry more persons than advertised in the brochure. Accommodation is provided only for the number stated. For full details see price information. There is no extra charge for children under 16 years of age. Any change of party during a holiday must be authorised by the boat operator.
  4. Payment When you book, you must pay the applicable deposit requested. If you choose to purchase our Personal Travel Insurance, we will use part of this deposit to pay your premium to the insurers.
    This means you don't need to pay us an additional amount at the time of booking to cover your insurance. If you do not wish to take out our Personal Travel Insurance you must opt out when making your telephone booking. Your balance (together with your fuel deposit and damage waiver) is due and payable by you 8 weeks before the start of your holiday . For booking made within 8 weeks of the holiday start date you pay the full amount at the time of booking.
    Where you choose to pay by credit card we will make a charge of 1.8% in respect of each payment by credit card. There is no charge for debit cards.
  5. Changes by you Once a booking has been confirmed by us, should you subsequently require us to amend your booking or to re-invoice you for any reason(including for example accidental loss of your original invoice) a fee of £25.00 will be charged. Up to 8 weeks before the holiday start date you may change your boat to one in the same calendar year, subject to availability and payment of the above fee and any difference in price. You may transfer your booking to someone else(introduced by you)at any time providing you notify us and pay the administration fee of £25 and any outstanding balance.
    Note. Bookings may not be transferred to other parties after we have received notification of cancellation.
  6. Cancellation by you Telephone us immediately if you have to cancel and on the same day send us written confirmation quoting your reference . Your cancellation is effective from the date we receive your written confirmation from you, which will be acknowledged.
    1. Cancellation for a Qualifying Reason In this section some of the words and expressions used have specific meanings. These words are shown with capital letters at the start and their meanings explained in the glossary below. You will be entitled to a refund and a waiver of responsibility for any balance payment due(less £50 administration charge) if you cancel at any time after we accept your booking and before you leave Home to start your holiday (provided that everyone in your entire party cancels the Holiday and the holiday boat is left vacant) and your reason for doing so is any of the following;
      • the death, bodily injury, illness or admission to Hospital as an in-patient as certified by a Qualified Medical Practitioner, of you or any other person in your party, a partner, or a member of your immediate family.
      • compulsory quarantine of any person in your party or their travel being prevented by Government restriction following an epidemic.
      • redundancy qualifying for payment under any applicable statute of any person in your part; which is notified to and received by you)or any person in your party) after your booking is accepted.
      • Hi-jack of an aircraft or conveyance in which you/your party is travelling as a passenger.
      • you or a person in your party being required for compulsory jury or witness service in a Court of Law in proceedings to be undertaken in the time between their leaving Home to start the holiday and returning Home after the holiday.
      • Police advising against travel due to adverse weather conditions.
      • Police requiring a person in your party to attend following theft at their Home or usual place of business
      • damage rendering the Home of any person in your party uninhabitable
      The calculation of the amount due is as follows;
      • if you have paid your balance , we will refund your deposit and your balance less a £50 administration charge(amendment and credit card charges are non-refundable).
      • if you have not paid your balance, we will refund your deposit less a £50 administration charge( amendment and credit card charges are non-refundable) and waive your balance due.
      The £50 administrative charge is to cover our costs and charges by third party operators. You will not be entitled to any refund or waiver of responsibility for any balance payment due if the cancellation is due to any of the following:
      • War, whether declared or not,
      • ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste resulting from the combustion of nuclear fuel;
      • the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
      • loss due to devaluation of currency or shortages due to errors or omission during monetary transaction;
      • any person in your party deciding not to travel, or if already left Home, deciding not to continue;
      • any person in your party's loss of enjoyment of the holiday;
      • any accident to or illness of any person in your party's family pet;
      • adverse changes in any person in your party's financial circumstances or unemployment other than redundancy as described above;
      • curtailment of the Holiday after a person in your party has left Home to commence the Holiday
      You will need to let us know immediately a cancellation situation has arisen and provide us with all the information and documentation, and allow us to carry out any investigations, we may reasonably require to assess whether you are entitled to a refund/waiver under our Booking Conditions.

      Cancellation Procedure
      If a cancellation situation arises for a qualifying reason, please contact Hoseasons, Lowestoft, NR32 2LW Telephone (0870 534 2342) immediately the cancellation situation has arisen and prior to the start of the Holiday as appropriate. Then confirm in writing using our cancellation form and supply documentary evidence, including medical certificates where appropriate. Cancellation forms can be supplied on request or can be downloaded from the Hoseasons website www.hoseasons.co.uk
      • You and your party must take ordinary and reasonable care to safeguard against loss, damage, accident, injury or illness
      • All information provided to us must be complete and accurate;
      • You must supply information using our cancellation form;
      • You will not be paid if you or your party do not comply with any obligation to act in a certain way specified in this clause or if they are dishonest;
      • All certificates, information and evidence provided by you shall be at your expense;
      • will be paid in £ sterling.
    2. Cancellation for a Non Qualifying Reason
      If you cancel for a reason other than one of those listed in Section 6a above a charge will be payable by you to cover our costs including charges to third party operators. These charges are set out below

      Period before scheduled arrival date within which written cancellation notification is received Cancellation charges as a % of the total costs (excluding amendment and credit card charges which are non-refundable
         
      More than 56 days loss of deposit*
      43-56 days 50%
      29 - 42 days 70%
      8 - 28 days 90%
      7 days or under 100%

      *If you book under a low deposit promotion offer, you will be responsible for payment of the difference between the amount paid and our standard deposit. If you have purchased our personal travel insurance and only paid your deposit at the time of cancelling the amount retained is the full deposit
  7. Minors Bookings from persons under the age of 18 cannot be accepted.
  8. Boat Trials A free demonstration run is given to you at the time of take-over ; whenever possible the person responsible for the booking must be present.
  9. Damage, Breakdown and Defects No responsibility will be accepted by us for loss of time or expenses occasioned through accidental damage to the boat while in your charge. We cannot accept liability for loss, damage or expense which occurs as a result of any defect or breakdown occurring during your cruise unless caused by proven reason of our failure adequately to maintain he boat in a fit state and condition or is caused by acts or defaults of ourselves or our employees. Any defect or breakdown must be reported immediately to us during your cruise so that steps can be taken to repair the boat or remedy the service. ( It is very unlikely that trouble of this nature will arise as every boat is carefully checked before the start of each cruise)
  10. Accidents Your boat is insured but you have charge of the boat and are responsible for its safe navigation. In the unlikely event of structural or mechanical damage, however caused, no responsibility can be accepted by us for loss of time or cost of any alternative accommodation or any other damages or expenses. In the case of an accident or damage to the boat, to other craft, to water property, or to any person, it s your responsibility to;
    1. find out the name of the other boat involved together with the name of the owners and hirer;
    2. to report these facts, together with the extent of the damage to us as soon as possible. No repairs may be put in hand without our consent.
  11. Your Fuel and Security Waiver Damage waiver payment scheme ; you make a one-off, non-refundable damage waiver payment of between £40 - £70. This gives you full cover in the event of loss of or damage to your boat or its equipment except where any loss or omission of you or any member of your party (including where the person concerned is under the influence of alcohol, drugs or any similar substance or failure by you to comply with these Booking Conditions. In this case we have the right to make a charge to cover the loss or damage.
    You will be asked to pay a fuel deposit from which the cost of any fuel used will be deducted and the balance refunded to you. In the unlikely event that fuel used exceeds the deposit amount, then you will be liable for the additional payment.

    Additional Deposits
    You may be asked for a additional deposit (of up to £100 per head) at our discretion for certain parties or for very large and/or valuable boats. This is payable on your arrival at the boatyard. This deposit will be returned to you when you have finished your holiday, providing you return the boat and its equipment on time, undamaged, clean and tidy and without third party claims against you.
    If you have booked a dinghy with us you may be required to pay an extra Security Deposit of £25 - payable on arrival.
    If additional cleaning of your boat is required on its return, you will be liable for the extra costs, which will be deducted in the first instance from your fuel deposit and payable on demand if in excess of the deposit balance
  12. Linen / Towels Towels are not supplied with the boat linen.
  13. Layout Plans Layout plans of boats are for general guidance, there are not to scale and alterations during building or refitting may occur. Some boats have steps which may not be shown on the plan, if you have infirm or disable members in your party you should enquire as to the suitability of your boat when booking.
  14. Obeying the Waterway Rule You must observe the Navigation Authorities bylaws, including in particular the rule that you must not navigate after sunset ,or before dawn and your speed must not be such as would or may inconvenience or endanger other users of the waterway. On no account may you tow or be towed by other craft, unless you have professional assistance as towing can be a hazardous operation if incorrectly undertaken. Under no circumstances may your boat be taken out to sea. Boats may not be entered in races or used for business purposes. No minor may take control of your boat without the supervision of an experienced adult. No portable heaters, cookers or barbecues of any type, bicycles, lighting equipment, TV sets or electrical/gas appliances (other than an electrical razor) may be taken on board or used aboard your boat without the express prior permission of us.
  15. Availability Your booking is accepted on the basis that your confirmed boat will be available for your use in accordance with these booking conditions no your agreed start date. Unfortunately, this is occasionally not possible, if your confirmed boat is not available as agreed, this will almost always be due to events beyond our control (see condition 16). If your booking has to be cancelled (which we have the right to do) Hoseasons, on our behalf will offer you the choice of an alternative boat in the same boating area for the same holiday period (at no extra cost), if available, a transfer to a different boating area for the same holiday period, (at no extra cost) if available, or a full refund. We regret that we cannot pay any compensation or meet any expense or costs you may incur as a result of any such cancellation or charge.
  16. Unreasonable behaviour We have the right to refuse to hand over a boat to any person who, in the reasonable opinion of us, is not suitable to take charge. In such cases, all hire charges paid to us will be refunded in full as quickly as reasonably practicably, and we shall have no further liability. In addition we have the right to repossess a boat at any time if in the reasonable opinion of us you or any member of your party is unsuitable to remain in charge because of age, ill health, inexperience, suspected or actual influence of alcohol or drugs or any other reason, or because of irresponsible behaviour which is causing or is likely to cause danger to you or any other person(s) or damage to any property. In this situation, we will have no further responsibility or liability and no refund will be made or expenses met.
  17. Events beyond Our Control Unfortunately, events beyond our control occasionally affect bookings. When reference is made to such events in these Booking Conditions, this means any event(s) or circumstance(s) which we could not, even with all due care, foresee or avoid. Such events include the following
    • Destruction or damage to your boat(which cannot reasonably be remedied to a satisfactory standard) due to fire, flood, explosion, storm or other weather damage, accident, break-in, criminal damage or similar cause.
    • Mechanical breakdown or other mechanical or technical problems affecting your boat which cannot reasonably be remedied to a satisfactory standard before the start of your holiday).
    • Adverse weather conditions and tides (which may restrict navigation and passage through bridges).
    • Shortage or non-availability of fuel for the boat
    • Late return by previous hirers.
    • Industrial action, riots, civil strife, natural or nuclear disaster, fire, war, actual or threatened terrorist activity and all similar situations
    We regret that we cannot accept responsibility or pay any compensation, costs or expenses where the performance of your contract with us is prevented or effected or you otherwise suffer any loss or damage as a result of events beyond our control. This includes any delays to and/or restrictions on cruising to which you may be subject(we and the waterways authority are entitled to impose restrictions in the situations mentioned above). However, if your booking has to be cancelled as a result, Hoseasons, on our behalf will of course offer you the choice of an alternative boat(if available), transfer to a different boating area(if available)or a refund, as more fully described in Condition 15.
  18. Your Pet You are normally allowed to bring your pet dog with you. The charge is up to £35 per pet per week or short break. You must tell us that you are bring your pet when you make your booking, we may require an additional security deposit of £30 for parties with pets as a safeguard against damage or for any special cleaning required. You must bring your pet-blanket and ensure that your pet dose not lie on the bedding or chairs. You pet must not be left unattended in your boat or elsewhere. If subsequent to making your booking you decided you wish to take a pet with you, then you must contact us and get permission for this. If extra cleaning of your boat is required after your holiday because of your pet, a charge may be made.
    In the interest of visitor's safety and following government legislation, we are unable to accept the following types of dog: American Pit Bull Terrier, Japanese Tosa, Fila Brasileiro and Dogo Argentino even when these type of dogs are muzzled as required by government legislation.
  19. Assistance Dogs Registered assistance dogs will be accepted free of charge on all boats, subject to availability of suitable accommodation.
  20. Comments and Concerns You must notify any shortcomings with your boat to us immediately so that remedial action, if appropriate can be taken. If a significant problem cannot be solved to your satisfaction, please contact Hoseasons as soon as possible during your holiday. For all complaints and claims which do not involve personal injury, illness, or death, we regret that it may effect our ability to investigate your complaint and may impact on the way that your complaint is handled if you fail to notify Swancraft or our representative and ourselves of any complaint or claim during your holiday and write to us within 28 days.
  21. Your Vehicles A charge may be made for parking your car in our boatyard. Your car and it's accessories and contents are left entirely at your risk. We will not be responsible for any loss or damage from or damage from or to any vehicle from any cause whatsoever other than, in the case of us, the negligence of us or our employees or agents.
  22. Liability Except where otherwise specified in these Booing Conditions, neither Hoseasons or Swancraft can except liability for any damage, expense, injury, death or loss of any nature whatsoever suffered by any person(s) from any cause whatsoever other than in the case of the Swancraft(s) proven negligence of ourselves or our agents, or Hoseasons case , the proven negligence of them or their employees or their agents . This clause dose not attempt to exclude negligence or breach of statutory duty.
  23. Data Protection Policy In order to process your booking and to ensure that your holiday arrangements run smoothly and meet your requirements Hoseasons and your travel agent need to use the information you provide such as name , address, any special needs, etc.
    Hoseasons take full responsibility for ensuring that proper security measures are in place to protect your information. Hoseasons must pass the information onto the relevant suppliers of your holiday arrangements . The information may also be provided to security or credit checking companies, public authorities such as customs/ immigration if required by them, or as required by law. Hoseasons will not however, pass any information onto any person, not responsible for any part of your holiday arrangements. This applies to any sensitive information that you give us such as details of any disabilities.
    (If Hoseasons cannot pass this information to the relevant suppliers, we cannot provide your booking . In making this booking, you consent to this information being passed on to the relevant persons)
    Your data controller is Hoseasons Holidays Ltd.
    You are entitled to a copy of your information held by us. If you would like to see this please contact us. We will hold your information, where collected by us and may us it to inform you of offers in the future or to send you brochures. If you do not wish to receive such approaches in the future write to us. We may also provide your details to selected third parties for similar purposes. If you do not wish to receive such approaches in the future, please write to us.
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