Conditions of Hire
General Conditions.
All bookings made with Carrickcraft (Shannon Leisure Development Company Ltd in Ireland or Erne Leisure Development Company Ltd in Northern Ireland.) are made subject to the following Conditions of Hire. No Agent or Employee of the Company is entitled to vary or amend them. The laws relating to this agreement shall be the laws of Ireland and any contract shall be deemed to have been made at the registered offices of the Company. For the purpose of these Conditions of Hire and any contract or agreement the term “The Hirer” shall be taken to mean all those persons collectively making-up the hire party and authorised by the Company to be on the cruiser whether specifically named on the hire invoice or not.
Direct Bookings.
A craft is booked only when the booking form completed by the hirer and returned to us together with 1/3 of the total hire charge as a deposit. For short break cruises a booking deposit of 50% is required to secure the craft. On payment of the deposit the Hirer becomes responsible for the total hire fee which is payable not less than six weeks before commencement of hire. If you are booking within six weeks of your departure date then the full amount is required.
A non refundable deposit of €200 – €1,000 depending on the boat booked, is required at the time of booking. A cruiser has been booked only when the booking form and a deposit have reached the Company and when an invoice stating the terms for the balance of hire has been despatched. On payment of the deposit the Hirer becomes responsible for the total hire fee which is payable not less than six weeks before commencement of hire.
Amendments.
Once the booking deposit has been received and the booking confirmed, a charge of €75 will be made for any amendments to the booking. These include change of boat, change of date or change of start/end marina.
Cancellation Policy.
Should the hirer be unable to take-over the cruiser, he should notify the Company immediately in writing. The following cancellation policy applies: Cancellation more than 42 days before the start of hire, the booking deposit is retained by the company. Cancellation between 41 and 29 days, the company retains the booking deposit plus 50% of the balance of hire. Cancellation within 28 days of the start of hire, the full amount is payable. It is recommended that hirers take out Personal Travel Insurance to include cancellation insurance.
Agency Bookings.
Bookings made through travel agents are subject to agreed travel agency procedures regarding bookings and cancellations and to all the following conditions of hire.
Days of Operation. Craft may be booked Saturday to Saturday or Wednesday to Wednesday as indicated in the Company’s current tariff or otherwise as available and agreed by the Company.
Time of taking Possession.
This will normally be between 16.00 hrs. and 18.00 hrs on the date booked and shown on the hire invoice or travel agents voucher. Hirers arriving at the marina after 18.00 hrs will not be put on their cruisers until the following day unless special prior arrangements have been made. The Company will not be responsible for any unforeseen delays due to damage of incoming craft or to failure of returning clients to return their cruiser.
Availability.
Every precaution will be taken to ensure that the booked craft is available in a fully serviceable condition but if owing to conditions and circumstances beyond the reasonable control of the Company this is not possible, then every effort will be made to supply a similar or suitable craft. Should this not be possible the deposit paid and any hire fee paid by the Hirer will be returned in full but the Hirer will have no claim on any account against the Company.
Adverse Weather Conditions.
The Company reserves the right in unfavourable weather or river conditions to set limits of navigation, cancel or refuse the hire of cruisers in the interests of safety.
Time of returning the Cruiser.
All craft must be returned to the agreed base of hire in a clean condition at least 1 hour prior to office closing times on the day before the last day of hire or by prior agreement no later than 09.00 hrs on the morning of the last day of hire. Failure to return the cruiser on the due date will incur a charge of double the daily rate plus any other charges or incidental losses incurred by the Company. It is the responsibility of the Hirer to make any allowance for bad weather.
Transfers to and from Marinas.
The responsibility for connecting with flights or any other mode of transport is strictly a matter for the Hirer. Without prejudice to this the Company, if so requested, may arrange transfer services to and from the marina but cannot accept any responsibility or liability for any loss or damage suffered by the Hirers as a result of any delays whatsoever or howsoever caused.
Numbers on Cruisers.
Only the stated number of Hirers as indicated on the hire invoice may be on board either overnight or whilst underway. Insurances are invalid if these numbers are exceeded and the Company reserves the right to terminate the hire without refund or recompense.
Age Restriction.
Cruisers may not be hired or be under the control of persons under the age of 21 years.
Unsuitable Hirers.
The Company reserves the right to decline a booking or to refuse to hand-over a cruiser to any person who in their opinion is not suitable to take charge on the grounds of ill-health, age, disability, inexperience or any other reason which in their opinion would lead to a serious risk of accident or damage. In such cases, the hire fee will be refunded in full and the contract terminated without further liability on either party. The company also reserves the right to terminate a hire if, in the company’s opinion, the hirer or their crew are at risk of putting themselves or others in danger. In these circumstances, no refund will be made.
Descriptions.
Every effort is made to ensure that descriptions of craft are accurate but the Company cannot accept any responsibility for inaccuracies which may exist in its literature or in that of travel agents. Minor variations exist in craft of the same type class. The Company reserve the right to change the layout of the craft and equipment without notice.
Insurance – Damage, Loss, Third Party Risks & Returnable Deposits.
Insurance is provided for total loss or damage to the cruiser and its equipment. Third party insurance cover is also provided up to an amount of 3,175,000 euro but the hirer is responsible for determining if this sum is adequate and for arranging at his own cost any supplementary insurance that he considers desirable. The Hirer however is responsible for any loss or damage or any other legal liabilities arising out of deliberate acts on his part or negligent conduct. In the event of any accident or mishap the Hirer must immediately furnish the Company with full details together with the names and addresses of witnesses and the names of owners or hirers if another craft is involved. The Hirer will then be required to complete and sign an insurance claim form. In particular, lost dinghies and outboard engines must be reported immediately. Failure to notify the Company of any loss, mishap or accident may invalidate this insurance. A returnable insurance deposit (between €850 and €2,000 euro, depending on the class of cruiser) is payable prior to embarkation. This also covers any contingency for damage or losses to the boat, damage to other craft and any third party, diesel fuel consumed and failure to return the cruiser on time to the stipulated marina.
Injury or Damage to You or Your Property.
Hirers are specifically advised that there is no insurance cover provided for death, personal injury or loss or damage to property (including any motor vehicles parked at the marina) under the hire agreement unless it is caused by the Company’s negligence or wilful default. Neither is such cover provided for any licensee or invitee of the Hirer. Hirers are strongly advised to secure separate insurance for these risks or to arrange an appropriate all-risks extension to their existing policies.
Embarkation.
On arrival at the marina the Hirer must produce their hire invoice or agency voucher and pay for any extras or groceries. The Hirer will also pay the returnable insurance excess to cover uninsured losses as detailed above. Credit Card or cash are the only acceptable forms of payment. The Company will provide the Hirer with an inventory for their craft which the Hirer will check. The Company will then provide instruction on the waterways and navigation followed by a practical demonstration of the craft to show that it is operating correctly and that it is in a clean condition. Clients will be given a ‘trial run’ by a demonstrator to ensure that they are familiar with the controls. When the Hirer is satisfied with the craft he is required to sign the inventory form as a satisfaction note and the hire commences and the Hirer becomes responsible.
Cruising Water.
The cruisers may only be taken on the Shannon and Erne waterways in areas and along navigation channels as marked on charts provided to each Hirer. No other charts or guides may be used for navigation. Craft may not be taken beyond the lower limit of navigation at Killaloe Bridge nor into the Grand Canal, Royal Canal, or Barrow Navigation. Craft may not cruise after the hours of darkness and must be moored at an approved mooring overnight. The Company cannot be held liable for delays or restriction of cruising water resulting from repairs or navigational works. Additionally, the Company may impose limits on navigation if, in their opinion, hazardous conditions prevail. No allowance or adjustment to tariffs will be made in these circumstances. No craft may undertake towing or pulling-off of other cruisers without the specific permission of the Company. All cruisers using the Shannon and Erne are subject to the bye laws and regulations of that waterway and must observe the speed limits. The Hirer is responsible for the safe navigation of the cruiser at all times and for all damage or costs or third-party claims arising out of accident or mishap from cruising outside the marked navigation channels or otherwise in breach of specific instructions. The Company accept no responsibility for changes in buoyage or navigational markings. Such information as the Company has will be passed on to Hirers.
Disembarkation.
All cruisers are supplied with full diesel tanks prior to the hire commencing and on return will be refuelled and the Hirer charged for the cost of refilling. At this time, the returnable deposit will be repaid provided that no reason exists for its retention, as outlined earlier. The Company reserves the right to return these deposits by post when the return of the cruiser takes place outside the normal operating hours and on bank holidays. Hirers returning or leaving a cruiser at a marina different from the one from which they started – except by prior arrangement made at the time of booking – will lose their deposit.
Cleaning of Cruisers.
As the cruisers are self-catering accommodation, it is the responsibility of the Hirer to keep them in a fit and clean condition both inside and out. A charge will be made for cleaning if cruisers are returned in an unfit condition and for the unblocking of toilets.
Breakdowns and Repairs.
All repairs, service and maintenance are the responsibility of the Company unless made necessary by the wilful conduct or neglect of the Hirer. The Company must be notified immediately if any repairs or service are required and they may not be placed in the hands of other firms of repairers without the specific approval of the Company. Where a Hirer cruises outside the designated navigation and grounds the cruiser, a service charge may be applied. The Hirer may be subject to a service charge if repairs are necessary due to neglect or wilful behaviour. The Company is not liable to pay or recompense for any loss of cruising time due to breakdowns, damage or any other defects or unforeseen causes.
Disputes.
The Hirer is required to notify the marina office of any alleged shortcomings or problems with the cruiser immediately they occur when a reasonable opportunity must be given to the Company to investigate and put right any faults found. No claims can be considered in respect of such alleged shortcomings if not notified as aforesaid. Furthermore the Company will not investigate nor deal with complaints received later than four weeks after the termination of the hire.
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