” booking”: agreement to a Charter.
” the Commencement Date”: the date that the Charter is to begin;
” the Company”: Thames Barge Ironsides
” Charter” term of hire of the vessel of whatever duration including individual sailing bookings for a sailing trip aboard the vessel and static events aboard the vessel.
” Charterer”: any person or company entering into agreement with the Company Thames Barge Ironsides to charter the vessel on behalf of themselves or others;
” extra costs”: additional mooring fees, customs charges, Harbour Dues, locking fees or other similar costs that are charged or increased by the body responsible for charging them after the Company quotes a Charter fee;
“ Parental Responsibility”: has the meaning defined by the Children Act 1989;
” the Invoice” : the invoice for the cost of the Charter rendered before the Charter;
” the invoice date” ; the date of the invoice;
” the vessel” : Thames Barge Ironsides
1. All charters are subject to the weather and the judgement of the vessel’s Master as to the safety of the vessel. The intended itinerary or destination of a Charter may vary from that stated in the booking or advertised according to the circumstances at the time that the Charter takes place.
2. The Company will use its best endeavors to ensure that the vessel is delivered to the location desired by the Charterer at the commencement of the Charter and at the end of the Charter however the Company cannot guarantee that the vessel will be able to fulfil the desired journey or location of the Charter because of the weather accidental breakdown or other incidents of navigation beyond the control of the Company.
3. At all times all passengers on board the vessel must comply with the safety procedures of the Company and in all safety matters the decisions of the vessel’s Master shall at all times be final and binding upon the Charterer. Equally the judgement of the vessel’s Master and the Company shall always be subject to the law, regulations, policies and decisions by the Maritime and Coastguard Agency, the Department of Transport, HM Customs and Excise, and the relevant port authorities, dock authorities and other Government bodies responsible for regulating the waters, docks, rivers, ports, marinas and quaysides where the vessel operates or moors.
4. Bookings are taken in good faith but are always subject to matters outside the control of the Company and may be cancelled by the Company if insufficient people book an event or due to weather or breakdown, damage or other circumstances making it impossible for a Charter to take place in the view of the Company.
5. Payment of 20% of the charter fee is due upon booking by way of a deposit that is non-returnable save if the Company shall cancel the charter before the Charterer has boarded the vessel.
6. An invoice for the gross cost of the charter will be rendered when the booking is confirmed before the Commencement Date and is due for payment (less the deposit paid) within 14 days of the invoice date. Time is of the essence and the Company reserves the right to cancel the Charter upon non-payment of the Invoice by the due date.
7. The gross cost of the Charter will be the agreed charter fee plus VAT and taxes due thereon together with any extras. At the date of these conditions VAT is zero rated for charter fees for provision of sea travel. In the event that extra costs are incurred these will be invoiced in addition to the gross cost and are due for payment at the date of invoice.
8. Once a Charter is booked neither party may cancel the Charter other than as set out in these conditions.
9. The Company shall be entitled to recover the Charter fee in full from the Charterer by way of liquidated damages in the event of cancellation by the Charterer or non-payment of the invoice.
10. The Vessel sails under an Exemption Certificate issued by the MCA and complies with the Standard of Safety for Thames Sailing Barges. The Company safety policy must be complied with by Charterers and guests. It is a condition of this agreement that the terms of the Company Safety policy in force at the time of the Charter shall be binding upon the Charterer as if it were incorporated as part of this agreement.
11. The itinerary, of any Charter will depend upon the weather conditions, forecast, tides and all other factors that affect the ability of the crew to operate the vessel safely without danger to the vessel, crew or passengers.
12. Children and young persons under the age of 16 must be accompanied by an adult who is a person with Parental Responsibility for them or who has the written authority of that person and young persons under 18 may only sail if the Company has the written consent to their sailing on the vessel of a person with Parental Responsibility for them.
13. Non swimmers and children and young people under the age of 16 must wear a life jacket while on deck. The Charterer is responsible for ensuring that any child or young person brings their own life jacket and that it is in good condition and works properly.
14. The Company will not accept liability for loss or damage to clothes or personal belongings during a charter.
15. The Company will not be liable for any loss or damage suffered by any person during a charter or in consequence of a Charter or booking for a Charter other than as a direct result of negligence for which the Company is liable by law.
16. All disputes arising under these terms shall be decided in accordance with the Law of England and Wales.
17. All bookings must be made in writing by signing a Company booking form which is duly received by the Company with a deposit.
18. By signing the booking form you consent to the company processing the data contained in your booking application or otherwise given to the Company by you or your guests in accordance with the Data Protection Acts 1984 and 1998 and to our writing to you or sending you an email newsletter or update about our vessel and business.
19. Nothing in the Company’s website or advertising shall constitute a term of a contract or a representation relied upon by the Charterer in entering into a booking.