Terms & Conditions – Pride of Sefton

Terms of Agreement

1. Definitions

‘Charter Hire Period’ shall mean the period of time on the Date of Charter Hire during which ‘The Pride of Sefton’ is hired to the Hirer as detailed in the Itinerary
‘Date of Charter Hire’ means the date of charter hire detailed overleaf
‘Hirer’ means the person(s) / company detailed overleaf, its employees, agents and permitted assigns
‘Itinerary’ means the itinerary detailed overleaf – including date, time, duration, boarding / alighting points
‘Passengers ‘ means such persons as the hirer may require ‘Pride of Sefton’ to carry on the vessel for the ‘Charter Hire Period’
‘Pride of Sefton’ means Pride of Sefton of Atlantic House, Dunnings Bridge Road, Bootle, L30 4TH, its agents, employees, volunteers, subcontractors and assignees
‘Total Charter Fee’ means the total charter fee detailed overleaf

2. Hirer’s obligations

The Hirer shall:
- Hire for the purpose of a private charter the Pride of Sefton for the Hire Period subject to the conditions outlined in Clause 9 of this agreement
- Be responsible for the costs of making good any loss or damage to the Pride of Sefton, its furnishings, fittings or equipment caused by an act of default or negligence of the Hirer, its servants, agents, employees, volunteers or the Passengers
- Be responsible for the Passengers and ensure they comply with the instructions and lawful commands of the Captain and Crew of the ‘Pride of Sefton’ and relevant Bylaws insofar as they apply
- Ensure that the Passengers do not interfere with or impede the safe navigation of the ‘Pride of Sefton’ or interfere with any life-saving equipment or appliances on board the ‘Pride of Sefton’

3. ‘Pride of Sefton’ obligations

‘Pride of Sefton’ shall let the vessel to the Hirer for the purpose of a private charter for the Charter Hire Period subject to Clause 9 of this agreement

4. Payment

To secure bookings the Hirer shall pay the full balance of the total Charter Fee to ‘Pride of Sefton’ prior to the Date of Charter Hire. Your booking will not be confirmed until payment is made in full.
All payments will be made by card, no cash payments are acceptable

5. Refreshments and entertainment

No food or drink will be provided by the ‘Pride of Sefton’ as part of the Hire Agreement. Hirer’s and Passengers will be able to bring their own food and drink on board and will have access to basic amenities for food preparation
‘Pride of Sefton’ accepts no liability for injury or illness that occurs as a result of preparation and consumption of food and drink by Passengers
‘Pride of Sefton’ does not provide facilities for audio / visual entertainment. Hirer’s may bring their own equipment for such entertainment on board, with prior agreement at the time of booking. Hirer’s will be responsible for compliance with any licencing conditions that may apply and must comply with any instruction of the Captain or Crew in regard to usage of equipment whilst on-board

6. Variations

If the Hirer requires any variation to the booking they should notify ‘Pride of Sefton’ verbally via telephone contact at least 48 hours in advance to the Date of Charter Hire
‘Pride of Sefton’ will endeavour to accommodate any reasonable variation and will advise the Hirer of any alteration in the Total Charter Fee that may result
If ‘Pride of Sefton’ are unable to accommodate the variation for any reason then ‘Pride of Sefton’ reserves the right to terminate the Hire Agreement and retain any monies received from the Hirer
If ‘Pride of Sefton’, for reasons beyond its control, needs to make any variations to the agreed itinerary – shall be entitled but not obliged to offer the Hirer an alternative arrangement

7. General conditions

‘Pride of Sefton’ reserves the right to refuse to allow any person or persons to board the vessel if they are perceived to be a danger to themselves or others in any way
Not more than 12 Passengers will be permitted on board the vessel at any given time
The Hirer shall not bring any illegal substance on Board or use the ‘Pride of Sefton’ for any illegal purpose
The Hirer will be responsible for removing all rubbish and personal belongings at the end of the Charter Hire Period including any clinical waste
The Hirer will be responsible for repair / replacement costs of any damage caused by misuse of on-board sanitary facilities e.g. blockage caused by inappropriate disposal of nappies etc.
Where Passengers are confined to a wheelchair or similar device (manual or electric motorised) a maximum of four such devices will be permitted on-board at any time and will always be at the discretion of the Captain
Children and vulnerable adults will need to be supervised at all times
The Vessel shall be allowed at any time during the period of Charter Hire to assist any other vessels in distress and to deviate for the purposes of saving life and / or property
No animals except assistance dogs are to be permitted on board The Vessel at any time
‘Pride of Sefton’ will not accept liability for injury and /or death to any of the Passengers unless such injury and / or death is caused by the negligence of ‘Pride of Sefton’
‘Pride of Sefton’ will not accept liability for any pecuniary or consequential loss, allegedly arising from any breach of this Agreement by ‘Pride of Sefton’
‘Pride of Sefton’ will not accept liability for any loss or inconvenience caused to the Hirer and / or the Passengers by any delay in the time specified in the Itinerary
‘Pride of Sefton’ will not accept any responsibility or liability for any loss or damage to articles of the Hirer and / or Passengers. Any articles of lost property will be held securely for a period of 28 days after the date of Charter Hire, after which ‘Pride of Sefton’ shall reserve the right to dispose of as it sees fit, if not claimed by the owner
Concessionary rates are available for charitable organisations*

*In order to be eligible for concessionary trips, charitable organisations must be able to demonstrate that their project or organisation meets the criteria to support one of the following:

Improved community safety
Support for vulnerable or older people (prevent or reduce social isolation)
Promotion of healthy lifestyles
Provision for youths
Increased involvement or empowerment

8. Default

If the Hirer fails to comply with their obligations under this Agreement and as a consequence of such failure this results in any loss or expenses to ‘Pride of Sefton’ then the Hirer shall reimburse ‘Pride of Sefton’ for any loss or expenses incurred. ‘Pride of Sefton’ reserves the right to recover such costs or expenses as a debt, if unpaid

9. Termination

‘Pride of Sefton’ may terminate this Agreement if it believes its reputation will be damaged in any way
- ‘Pride of Sefton’ may terminate this Agreement if any circumstances occur, at any time, that are beyond its control that render it impossible for it to fulfil its obligations under this Agreement
- The Hirer may terminate this Agreement if ‘Pride of Sefton’ is in breach of this Agreements and in the event that the breach, if capable of remedied, is not remedied within 10 days of receipt of notice in writing
- If the above factors apply (a, b, c) ‘Pride of Sefton’ will reimburse the Hirer any payments made but will be under no further liability to the Hirer
- ‘Pride of Sefton’ may terminate this Agreement if the Hirer is in breach of any terms of this Agreement
- ‘Pride of Sefton’ may terminate this Agreement if the Hirer fails to make a payment in accordance with clause 4
- ‘Pride of Sefton’ may terminate this Agreement if in the opinion of the Captain of the vessel, the behaviour or activities of the Hirer or Passengers are deemed unacceptable
- ‘Pride of Sefton’ may terminate the agreement if the Hirer or any person acting on their behalf has committed an offence in completing the Hire Arrangement including, but not exclusive of, breach of the Fraud Act 2006, the Bribery Act 2010, the Money Laundering Regulations 2017, or any replacement Acts or other relevant legislation
- If ‘Pride of Sefton’ terminates this Agreement for factors (d, e, f, g, h) the Hirer will be liable for all reasonable costs incurred up to the date of the termination and ‘Pride of Sefton’ will not be entitled to reimburse the Hirer any payments already made
- Termination of this Agreement shall not affect any rights of either party which shall have accrued prior to such termination

10. Cancellation and Refund Policy

If for any reason it is necessary for ‘Pride of Sefton’ to cancel a booking it will endeavour to give as much advance notice to the Hirer as is possible. In these circumstances ‘Pride of Sefton’ will endeavour to agree with the Hirer a suitable alternative Charter Hire date and time. If an alternative date cannot be agreed and the reason(s) for the cancellation of no fault of the Hirer, ‘Pride of Sefton’ will provide a full refund of all payments already made.
If the Hirer cancels a booking it will be entitled to a refund of monies paid as long as notification is received more than 14 days in advance of the original Charter Hire date or will be rearranged to an alternative date where possible, subject to agreement between the parties. If cancellation is received less than 14 days from the date of original Charter Hire, any monies paid will be non-refundable.
We reserve the right to cancel bookings at any time at our discretion which could include a frozen canal, mechanical failure of the boat, a double booking or any circumstances beyond our control with a full refund of any monies already paid.
All refunds will be paid by the same means as the initial payment.

11. Assignment

The Hirer will not assign transfer, sub-let or otherwise part with or share its interest in this Agreement without prior consent of ‘Pride of Sefton’

12. Waiver

The waiver by either party of any breach of any term of this Agreement shall not prevent the subsequent enforcement of that term and shall not be deemed a waiver of any subsequent breach

13. Arbitration 

Any dispute arising under this Agreement may by agreement of both parties be referred to arbitration in accordance with the provisions of the Arbitration Act 1996 or any amendment or replacement thereof

14. Confidentially

The Hirer shall not at any time divulge or allow to be divulged to any person any information relating to this Agreement or to the business or affairs of ‘Pride of Sefton’ without prior written consent of ‘Pride of Sefton’

15. Force Majure

‘Pride of Sefton’ shall not be liable for failure to perform its obligations under this Agreement if such failure results from circumstances beyond its reasonable control

16. Severability

If any provision of this Agreement is or becomes illegal, void or invalid – that shall not affect the legality or validity of the other provisions of this Agreement

17. Third Party Rights

Nothing in this Agreement confers or proports to confer on any third party any benefit of any kind or any right to enforce the provisions of this Agreement

18. Law

This Agreement shall be subject to and construed and interpreted in accordance with English Law and shall be subject to the jurisdiction of the Courts of England

19. Coronavirus COVID-19

In line with Government guidelines from 12th April we are able to facilitate one household or support bubble on board

From 17^th May we are able to facilitate up to two households (anyone in your support bubble counts as one household) or a maximum of six persons from different households with social distancing measures in place.

From 21^st June we are hoping to be open to all and take trips of up to 12 passengers at a time, however we will review guidelines closer to the time.