Cruiser Terms & Conditions
Minimum Passengers
For safety reasons each cruiser must have a minimum of two adult passengers on board we do not accept loan sailors.
Pricing
*Prices advertised on our website are just the hire charge and are based on the off-peak price.
Fuel Deposit
A fuel deposit of up to £200 depending on the size of cruiser is required in advance for all cruiser holidays. At the end of your holiday, the balance of any fuel remaining will be repaid to you.
Damage Waiver/Security Deposit for Hire Cruisers
Although boats are insured by Herbert Woods, you (the Lead Hirer) are primarily responsible for any damage or loss to the boat and its equipment or for any damage to third party property. You will be held responsible for all damage caused by your own actions and those of other members of your party.
The payment of a mandatory, non refundable waiver (£55 up to 6 berth and £65 for 7 berth and above) will safeguard the Lead Hirer from any liability in the event of accidental damage to the boat, its fittings or loss of its equipment. It does not cover damage or losses caused by wilful damage or negligence on the part of the Lead Hirer and their party. The return of the boat late or in an unclean condition will incur an extra payment.
On arrival you (the Lead Hirer) will be required to read and sign the Hirers Code of Conduct. This sets out the behaviour we expect from you and your party throughout the duration of your holiday, failure to comply with this Code of Conduct may result in immediate termination of your holiday without compensation.
In addition to the Damage Waiver, a Security Deposit of £50.00 per berth (e.g. 4+2 berth = £300), payable by credit/debit card is required from the Lead Hirer for all non-family groups, this must be paid 56 days before arrival. HW also reserves the right to charge an additional Security Deposit for any non-family group, stag or hen bookings on arrival, this must be paid by credit/debit card before you commence your holiday. If you return the boat on time, in a clean condition and without damage, loss of equipment or third party claim against you, the deposit will be processed within 7 days (Please note that it may take up to 14 days for transactions to be fully processed and cleared by your bank). Where loss or damage has occurred, all or part of your security deposit may be withheld by Herbert Woods to cover the cost of loss of use of the boat, repairs, extra cleaning etc. Notwithstanding the above if you or any member of your party either fail to comply with booking conditions or cause negligent, wilful or criminal damage you will be fully liable for any loss incurred.
Boat Arrival Times
Weekly holidays:
Arrival time 4.00pm and vacated by 9.00am.
Short break:
Arrival time 2.30pm and vacated by 9.00am.
Elite Cruisers:
Arrival time 2.30pm and vacated by 9.00am.
Please advise the yard if you intend to arrive later than the stated arrival time.
Optional Extras
|
Payable on Arrival |
Price |
|
Rowing Dinghy* |
£55 Per Week, £40 Short Break |
|
Sailing Dinghy* |
£65 Per Week, £50 Short breaks |
|
Pets |
£45 (per pet, per holiday) |
Outside parking for one vehicle, for cruisers up to 6 berth, 2 vehicles over 6 berth, is included in the cost of your holiday. Parking for any additional vehicles will be charged as follows:
|
Per Week |
Short Break |
|
|
Additional Car Parking – Outside |
£15 |
£10 |
|
Additional Car Parking |
£20 |
£15 |
Payment of Balance
Please note that the balance of hire terms and any extra charges and deposits should be paid 56 days in advance of your holiday start date unless otherwise stated on the booking confirmation.
Receipts are issued to all customers. Cancellation Protection is included in the brochure price. Cover is obligatory and is automatically provided against loss of your deposit and liability to pay the balance of hire charges if you have to cancel or curtail your holiday for certain unavoidable reasons. This is included in the holiday price and is paid within your initial deposit. (Please refer to paragraph 8 on the terms and conditions)
Please Note: Due to changes in financial regulations we are no longer able to offer personal insurance cover (we recommend you arrange private cover).
Qualifying Reasons for Cancellation
Death, illness, bodily injury, pregnancy or childbirth providing pregnancy commences after the insurance is affected. Jury service, witness call. Redundancy of the Lead Hirer or their partner. Cancellation of arranged leave in respect of a member of HM Forces or police or unexpected occupational posting within six weeks of the commencement date of the holiday or fire, storm, flood, subsidence or malicious damage rendering the home uninhabitable.
Police requiring presence following a burglary or other incident at home or place of business.
Death, serious injury or serious illness of any member of your immediate family, fiancé(e), close business associate, partner or co-director.
Winter Holidays
Boats are unavailable during December and January. For more information please telephone 01692 670711.
Parking Liability
Vehicles parked within the Herbert Woods premises are at the owner’s risk. Herbert Woods shall not be liable for any damage, theft, or loss to vehicles or their contents. Owners are advised to take necessary precautions, including locking their vehicles and not leaving valuables in plain sight. By parking on our property, you acknowledge and accept these terms.
Complaints
In the event that you find a problem with your boat or the service we provide we ask that you bring this to our attention as soon as possible during your holiday to give us the opportunity to rectify the problem (see clause 16).
Our Holiday Boats brochure is prepared many months in advance of the holiday season to which it relates, so changes may be made to the information contained in it. If any significant changes occur before you have booked, we will endeavour to tell you at the time of booking or pass on the necessary information to you. The prices contained in the brochure are correct at the time of going to print.
Your Contract
1. Your Contract
Your contract is with Herbert Woods LLP (referred to throughout these terms & conditions as “HW”). Any contract to hire a boat listed in this brochure and current supplements incorporates conditions below and is between HW and you as the Lead Hirer. The Lead Hirer will assume responsibility for all guests who make up the party and compliance with these terms by all party members. The contract does not take effect until HW dispatch written confirmation of your booking to you.
2. Booking
All Correspondence will be sent to the address on the booking form. HW do not accept loan sailors and there must be a minimum of two adults over the age of 18 to hire the boat. This is the lead hirers responsibility. HW may refuse to accept a booking at its discretion and will not accept any booking from a person less than 18 years old.
3. Payments
On booking you will be required to pay a booking deposit in part payment for the cost of your boat. It will be refunded if your booking is not confirmed by HW. The balance of the holiday price must be received by HW no later than 56 days before the holiday start date. If booking within 56 days, full payment must be made when booking. If booking within 14 days of the start date, full payment must be made by debit or credit card. It is not normal practice to send reminders and if final payment is not received as required, HW may cancel the booking and apply charges (see paragraph 8). Travel documents will not be released until full payment has been received by HW. Post dated cheques are unacceptable and HW may recover the cost of any bank charges or other costs incurred in handling dishonoured cheques, direct bank payments and foreign currencies.
4. Price Guarantee
HW guarantees that there will be no surcharges within 56 days of your departure but reserves the right to alter the price of any of its holidays before you make your booking.
5. Hire Terms
All hire terms are inclusive of VAT and quoted in £ sterling per boat per week/short break equipped as described unless otherwise stated. As soon as the booking is confirmed by HW, the hire terms are guaranteed unless there is a change in the rate of VAT.
6. Insurance
Protection against cancellation or curtailment of your holiday is mandatory – this is included in the holiday price and qualifying reasons for cancellation can be found on the front page of the pricing booklet. We also strongly recommend that you have adequate personal insurance cover for your holiday needs.
7. Alterations by You
If you wish to change your booking after HW has issued your confirmation, HW will do its best to help but has no obligation to make any change other than to allow you or any member of your party to transfer the booking to another party or parties, provided that written notice is received from the Lead Hirer. Transfer from one boat to another within this brochure will normally be possible. If HW is able to make changes, an administration fee of £35 will be charged. Please note that major changes may be treated by HW as a cancellation by you and will be subject to charges referred to in paragraph 8. Any change you wish to make to your holiday once it has been confirmed is your sole responsibility.
8. Cancellation by You
If you are forced to cancel your booking you must notify HW immediately by telephone and send written confirmation (signed by the Lead Hirer) to Potter Heigham and enclosing your booking confirmation. The cancellation will be effective from the date HW receives written confirmation. If the reason for cancellation is within the terms of the HW cancellation protection, you will receive a refund of monies paid less a cancellation administration charge of £35. If the reason for cancellation falls outside its terms, HW will make a charge as below.
(a) Cancellation 56 days or more prior to start date: HW will retain the initial payment only. If you have not paid the full initial payment shown in the brochure at the time of booking, you must pay the shortfall.
(b) Cancellation less than 56 days before start date (or if HW cancels because you fail to pay the balance of the holiday price as required by paragraph 3) – you will be liable to pay the whole balance.
It is not possible to make refunds for any other services booked but not used.
9. Alterations by HW
HW will not cancel your holiday within 56 days of your departure unless it has to for reasons in paragraph 11 or unless payment is not received as per paragraph 3. HW may cancel your holiday at its absolute discretion on or before the date when payment of the full holiday price becomes due. If HW cancels, they will inform you as soon as reasonably possible and you will be offered either:
(a) A holiday of comparable standard (if available) together with a full refund of any price difference; or
(b) A full refund of any monies you have paid.
HW may at its absolute discretion refuse to hand over a boat or terminate a holiday where, in the opinion of HW a person or group is likely to cause damage, distress or annoyance, to the boat, other persons or property. In such an event, HW will be under no obligation to refund, compensate, or indemnify you.
We reserve the right to terminate a holiday at any time if in our reasonable opinion you or any member of your party is unsuitable to remain in charge because of ill health, inexperience, suspected or actual influence of alcohol or drugs or any other reason, or because of irresponsible behaviour which is causing or likely to cause danger to you or any other person(s) or damage to any property. In such an event, HW will be under no obligation to refund, compensate, or indemnify you.
10. Cancellation by HW
HW will not cancel your holiday within 56 days of your departure unless it has to for reasons in paragraph 11 or unless payment is not received as per paragraph 3. HW may cancel your holiday at its absolute discretion on or before the date when payment of the full holiday price becomes due. If HW cancels, they will inform you as soon as reasonably possible and you will be offered either:
(a) A holiday of comparable standard (if available) together with a full refund of any price difference; or
(b) A full refund of any monies you have paid.
HW may at its absolute discretion refuse to hand over a boat or terminate a holiday where, in the opinion of HW a person or group is likely to cause damage, distress or annoyance to the boat, other persons or property. In such an event, HW will be under no obligation to refund, compensate, or indemnify you.
11. Important Note
No compensation will be paid by HW where cancellation or material change arises from:
(a) Unusual or unforeseeable circumstances beyond HW’s control such as war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions including flooding of waterways.
(b) Your failure to pay the balance of the holiday price within the time stipulated.
(c) As a result of behaviour as set out in paragraph 10 above.
12. Start and Finish of Your Holiday
(a) Unless otherwise stated, the time of arrival is 4.00pm on a one week hire and 2.30pm on a short break hire.
(b) In the event of problems preparing the boat, the right is reserved to delay departure without compensation until a repair is affected.
(c) HW will give you a demonstration and explain the controls of the boat and its equipment. You must notify HW as soon as possible, of any fault with the boat or its equipment so that it can be rectified.
(d) Non-arrival at the boatyard by mid-day on the day following start date without prior notification shall entitle HW to treat the booking as cancelled as per paragraph 8.
(e) Unless otherwise stated you must return the boat (with all gear and equipment) to HW’s boatyard in a clean and tidy condition by 9am on the final day of hire. The boat will be inspected and a charge will be made if the boat is returned late or is not clean and tidy.
(f) You will be supplied with, on loan, a fully automatic life jacket for all adults and buoyancy aids for any children and shown how to use them. HW recommends that every member of the crew wears a life jacket when moving around on the outside of the boat.
13. Accidents
You (the Lead Hirer) are responsible for the boat’s safe navigation and for the actions of each member of your party and you must take all reasonable care. No minor (aged under 14) may control the boat without the direct supervision of an adult. In the event of damage to or breakdown of the boat rendering it inoperable, however caused, no responsibility can be accepted by HW for loss of time or cost of alternative accommodation or any other damages or expenses incurred as a result. In the case of any accident or damage to the boat or any other craft or to waterway property you must, for insurance reasons:
(a) Record the name of any other boat involved with names, addresses and phone numbers of its owner and hirer and witnesses (where applicable);
and:
(b) Immediately report these facts to HW boatyard with full details and extent of the damage; and
(c) Report the full details in writing to HW on return from holiday quoting your booking reference number. No repairs may be put in hand without HW’s consent.
(d) On returning the boat at the end of your holiday you must inform HW of any damage or items broken, lost or stolen.
Failure to adhere to any of the above may result in an additional charge at the end of your holiday.
14. Damage Waivers, Security and Fuel Deposits
Although boats are insured by HW, you (the Lead Hirer) are primarily responsible for any damage or loss to the boat and its equipment or for any damage to third party property. You (the Lead Hirer) will be held responsible for the actions of the other members of your party. HW will require:
(i) A damage waiver payment. This will indemnify you for any accidental loss or damage to the boat, its equipment or to any third-party property (unless you are a member of crew from which a Security Deposit is required as described in paragraph below). The damage waiver is payable on booking and is non-refundable.
(ii) For certain groups e.g. non-family groups, stag or hen bookings, HW reserves the right to charge an additional security deposit. In addition to the Damage Waiver, a Security Deposit of £50.00 per berth (e.g. 4+2 berth = £300), payable by credit/debit card is required from the Lead Hirer, this must be paid 56 days before arrival. HW also reserves the right to charge an additional Security Deposit for such groups on arrival, this must be paid by credit/debit card before you commence your holiday. If you return the boat on time, in a clean condition and without damage, loss of equipment or third-party claim against you, the deposit will be processed within 14 days. Where loss or damage has occurred, all or part of your security deposit may be withheld by Herbert Woods to cover the cost of loss of use of the boat, repairs, extra cleaning etc. Notwithstanding the above if you or any member of your party either fail to comply with booking conditions or cause negligent, wilful or criminal damage you will be fully liable for any loss incurred. On arrival you (the Lead Hirer) will be required to read and sign the Hirers Code of Conduct. This sets out the behaviour we expect from you and your party throughout the duration of your holiday, failure to comply with this Code of Conduct may result in immediate termination of your holiday without compensation.
(iii) A fuel deposit to cover the cost of fuel used. The value of any unused fuel will be refunded upon your return at the end of your holiday. Fuel costs exceeding the fuel deposit will be charged to you.
All Hire Cruisers are non-smoking – Any damage from smoking within the cruiser could be chargeable.
15. Delays
Every boat is checked before the commencement of hire and in the event of problems preparing the boat for your holiday the right is reserved to delay departure without compensation until work is completed. HW shall not be responsible for the consequences of delays or restrictions on cruising arising from obstruction, repairs or damage to waterways, high tides, flooding, shortage of water, industrial action or other circumstances beyond their control. The right is reserved to restrict cruising if unusual or hazardous conditions prevail.
16. Boat Handover and Operation
On arrival the Lead Hirer (or other appropriate member of the hiring party) will be required to complete and sign a boat handover certificate, by signing this document, you are agreeing to accept the boat in its existing condition. If for any reason you are unhappy with your boat on arrival you should notify HW immediately so that remedial action, if appropriate, can be taken. You should not sign the boat handover certificate until you are satisfied that the problem has been rectified.
If a breakdown, malfunction or problem of any kind occurs you must report it to the call-out service at HW immediately so that repairs can be made to enable you to resume your cruise. You must not wait to report it until you return at the end of your holiday. If HW is informed they will take steps to rectify the problem as quickly as is practical in the circumstances.
Apart from these obligations, HW shall not be liable in any respect for any indirect or consequential loss or damage, whether financial or otherwise, suffered as a result of such a problem.
No compensation will be paid for loss of time as a result of a breakdown, malfunction or problem of any kind.
In the case of multiple bookings with parties on different boats, where one boat encounters problems, no claim can be made against us in respect of any accompanying boat(s).
17. Complaints and Concerns
If you wish to make a complaint, it is vital that you make contact with HW during your holiday. In the event that you find a problem with your boat or the service we provide, we ask that you bring this to our attention as soon as possible to give us the opportunity to investigate / rectify the problem (see clause 16) and within the holiday period. HW will not enter into communication regarding issues that have not been notified to HW during the holiday period. HW will have no liability in respect of any complaint made outside of the holiday period.
18. Broads Authority or Owners of Private Property
You are responsible for any charges made by the above in respect of loss of or damage to their property or anti-social behaviour caused by you while in charge of the boat
19. Navigational Restrictions and Bye-Laws
On no account may you:
(a) Tow or be towed by other cruisers unless with professional assistance.
(b) Cruise after dark (your boat is not equipped or insured for night navigation).
(c) Permit your boat to be taken out to sea.
(d) Permit your boat to take part in any race.
You must navigate in accordance with current bye-laws and must observe the speed limits applicable to the waterway.
You must not under any circumstances attempt to pass under Wroxham or Potter Heigham bridges without using the services of the Bridge Pilot (the cost of this service is paid directly to the Bridge Pilot by the hirer (customer)). It is entirely at the discretion of the Bridge Pilot if he is willing to pilot the boat under a bridge – water levels vary depending on tidal and weather conditions and there are periods of time when it is not possible for boats which will normally pass under bridges to do so. Herbert Woods does not take responsibility for these navigational restrictions. Any damage caused to the boat and/or the bridge if you were to fail to comply with this rule will be regarded as wilful, not accidental damage and therefore the direct responsibility of the Lead Hirer, not covered by the damage waiver.
You must not attempt to sail down the River Bure approaching Gt. Yarmouth, except at slack water (normally 1 hour after low water at Gt. Yarmouth) see tide tables in Skipper’s Manual. No hire boats may be taken below Haven Bridge, Great Yarmouth or through the lock at Oulton Broad. More detailed information is provided in the Skipper’s Manual on your boat.
Please read your Skipper’s Manual carefully before attempting to cross Breydon Water, which can be done safely with care. Failure to observe the instructions in the Skipper’s Manual with regard to navigating across Breydon Water which results in the boat going aground or suffering damage will be regarded as negligent and/wilful damage and will not be covered by the damage waiver. If it is necessary for a rescue or tow boat to be summoned to tow you on Breydon Water you will at HW’s discretion be charged up to £300 for arranging for a boat to attend the incident. A copy of the bye-laws can be found on the Broads Authority website.
20. Hirers’ Equipment
You may not take and use onboard the boat any gas / electrical appliances e.g. portable heaters of any type; lighting equipment; hair straighteners; barbecues, or any items which may cause danger to the boat, its equipment or its occupants. HW will not be liable for loss or damage of such items.
21. Injury or Damage to You or Your Property
HW is not liable for death, personal injury, or loss or damage to you or your property, or any property belonging to or in the possession of the Lead Hirer or any member of their party (including any motor cars or their contents parked at the boat yard) unless it is caused by HW’s negligence or wilful default.
22. Party Members with Limited Mobility
If you have any members of your party with limited mobility, you must enquire as to the suitability of the boat at the time of booking. Whilst no guarantee can be given, HW will offer assistance and advice as far as is practical. Please ensure that you notify the member of our HW team who is undertaking your boat handover of any specific mobility concerns so that your handover can be adjusted accordingly. If HW feel unable to properly accommodate the particular needs of the person concerned, we reserve the right to decline, cancel or amend the booking.
23. Extra Persons
To comply with the terms of hire boat licensing regulations the number of persons indicated for each boat must not be exceeded at any time. Extra persons must be notified to HW so that life jackets can be issued in accordance with 12(f) above.
24. Optional Extras
Optional extras such as dinghies, etc. may be available at extra charge as stated in the brochure, but are subject to availability on your hire start date.
25. Pets
Two pets are normally allowed aboard a boat, at an extra charge, unless otherwise stated in the boat details.
26. Data Protection
In order to process your booking and ensure that your holiday runs smoothly we will need to collect and process personally identifiable information for you and all your passengers. In some instances, to ensure your safety, we may also be required to collect information regarding any physical or mental disabilities.
We take every care to ensure that the necessary security measures are in place to protect your information. Herbert Woods will not share your information with any third parties other than where required to do so by our insurers, government agencies or by law. By making a booking you are consenting to the above.
Your Data controller is Herbert Woods LLP. If you would like to request a copy of the information held on you or would like to invoke your right to be forgotten, please email us on privacy@herbertwoods.co.uk.
27. Modifications and Descriptions
Every effort has been made to ensure that individual boat descriptions contained in the brochure are correct. However, the right is reserved to make modifications to boat specifications that are considered necessary in the light of operating requirements. Layout plans in the brochure are for general guidance and are not to scale. Illustrations and photographs of standard production-built boats are sometimes used and the interior and exterior colour scheme and layout of your boat may therefore not be identical with the one in the brochure.
28. Disputes
Any dispute, difference or question which may at any time arise out of the contract or the subject matter thereof will be between the Lead Hirer and HW and shall be governed by English law and you agree that any dispute will be dealt with exclusively by the courts of England and Wales.
29. Telematics
A Telematics device may be fitted to your cruiser, information from this will only be accessed in case of breakdowns or emergencies and may be used for mileage disputes, speeding or area alerts for your safety.
30. SMS and Mobile Communication
a. Provision of Contact Information: In order to streamline your check-in process and keep you informed about your rental service updates throughout your stay, we encourage you to provide us with your mobile phone number when booking a boat or cottage or day experience. This will allow us to communicate with you efficiently regarding important information about your rental.
b. Purpose of SMS Communication: We utilise your mobile phone number exclusively for sending text messages (SMS) related to the readiness and service updates of the boat or cottage, day experience that you have booked. We may also use this number to contact you for urgent matters throughout your holiday. This includes, but is not limited to, updates on your rental property, changes in local regulations that could affect your stay, or necessary maintenance or repair visits.
c. No Marketing Communication: Please be aware that the mobile number you provide for these services will not be used for any marketing, promotional, or advertisement communications from our side. Your contact information will be handled with utmost care and discretion, and will strictly be used to facilitate better service and communication related to your booking.
d. Privacy of Information: We commit to protecting your privacy and ensuring the confidentiality of your personal information. Any personal data, including your mobile phone number, collected during the booking process will be stored securely and used in compliance with all applicable laws and regulations. For more details, please refer to our Privacy Policy.
e. Your Consent: By providing us with your mobile phone number, you agree to receive text messages related to the services we provide. You may opt-out of this service at any time, but please note that opting out might affect the effectiveness of our communication and the overall experience of your stay.