1. General Provisions
2. Bookings
3. Hire Agreement
4. Property & Location
5. Payment Policies
6. Obligations
7. Appropriate Use of Hire
8. Cancellations
9. Health & Safety
10. Insurance
11. Warranties & Liabilities
12. Force Majeure
13. Law & Jurisdiction
These terms & conditions are supplementary to the hire agreement made between both parties upon the hire of a narrowboat provided by The Epic Boating Company Ltd. For the purposes of this agreement, definitions are outlined below.
“Hirer” means a customer intending to hire a narrowboat licenced for hire by The Epic Boating Company Ltd.
“The Company” refers specifically to The Epic Boating Company Ltd and its senior staff/executives.
“The Narrowboat” means the specific boat intended for hire. Currently The Narrowboat refers specifically to King’s Landing.
“Hire Agreement Contract” refers to a supplementary document to be signed by both Parties upon payment of the deposit amount.
“Seasonal Rate” refers to the rate charged by The Company to hire The Narrowboat. This rate is subject to change and varies depending on period of hire, month of hire, and year of hire.
“The Website” refers to the website contained at https://www.theepicboatingcompany.co.uk and its redirections.
I. Bookings are made on a provisional basis and are confirmed only on receipt of the specified non-refundable holding deposit. Confirmation of booking is not an absolute guarantee of hire, however The Company guarantees the dates & The Narrowboat will be held for the Hirer until the due date of final payment, after which the booking may be cancelled if full payment is not made by the Hirer of the outstanding balance.
a. Prior to confirmation on receipt of the deposit, The Company reserves the right refuse and reallocate any provisional bookings.
II. The Hirer is at no point obligated to continue with the booking and you may cancel at any time, however any amounts paid until this point are non-refundable except in those cases outlined in 8. CANCELLATIONS.
III. The Hirer is permitted to make requests to change the date of their booking, however The Company is not obliged to accept this request. Any changes are subject to an admin charge.
I. All parties will be provided with a copy of the Hire Agreement on request and must be signed on payment of the deposit amount.
i. Signing the Hire Agreement does not bind either party to the hire, only the terms contained within. Either party may cancel at any point
leading up to the point of hire. Either party should give reasonable notice wherever possible if intending to cancel the booking and hire.
II. The agreed check-in time is between 2pm-6pm, unless otherwise agreed differently. This must occur within a minimum of 2 hours of daylight. Check-out is 10am – all Hirers are obliged to have returned the boat by 10am otherwise may be liable for additional late checkout charges of £50 per hour or part thereof.
i. All Hirers are expected to arrive between 2pm-5pm on the date of arrival and should notify The Company as early as possible if they are to deviate from this check-in time. We understand that disruptions are at times unavoidable and inevitable, and will attempt to accommodate for this as much as possible, however if The Company are forced to incur additional costs as a result of late check-in then The Hirer may be liable for additional charges.
III. Hirers are only permitted access to The Narrowboat during the hire period agreed within the Hire Agreement.
IV. In the event that The Narrowboat becomes unavailable for unavoidable reasons, such as breakdown, emergency repair, damage, canal closures, or safety reasons, The Company will notify The Hirer as early as possible and agrees to refund the full cost of the holiday to the customer or part thereof (pro-rata).
V. In order for The Hirer to be authorised to take The Narrowboat, The Hirer must have completed a Booking Form detailing all attending parties and necessary details of hire.
VI. The Hirer’s identity is a material factor in The Company’s decision to accept a booking. As such, The Company must be made aware of all parties on board The Narrowboat for the duration of hire. No additional parties or guests may board The Narrowboat without explicit permission granted by The Company. Only parties listed in the Booking Form issued to the Lead Hirer may board.
(VI) i. The Lead Hirer is responsible for ensuring all parties are aware of the terms of hire.
(VI) ii. The Lead Hirer must be at least 21 years old at the date of commencement of hire. There must be at least two legal adults over the age of 18 present for the full duration of hire.
(VI) iii. The Company does not offer hire to single-handers – parties must consist of a minimum of two adults capable of undertaking the full responsibilities as outlined in the handover.
I. The Narrowboat is to be collected from the address listed in the Hire Agreement created between The Hirer and The Company. In the event that the location of pick-up and drop-off must be changed due to unavoidable circumstances, The Company agrees to give notice as early as possible to The Hirer.
II. Up to two cars may be left at the location. These must be parked in designated spaces. Cars are parked entirely at the customer’s risk and The Company will not be responsible for any loss or damage to the vehicle or contents unless such damage or loss is directly caused by negligence of The Company. The Company may take all reasonable steps to silence car alarms and to recover any costs incurred.
I. The quotations given on The Website are not guaranteed prices and The Company reserves the right to change and correct quotations issued online. Prices are guaranteed for 48 hours of acceptance (NOT confirmation) of the booking, and then guaranteed further for the date of the booking once the deposit amount has been paid.
II. All payments are only deemed to have been made once the cleared funds have been received in the The Company’s bank account.
i. While The Company aims to act fairly and in the interest of good customer service relating to guaranteeing bookings, The Company is under no obligation to extend any guarantee of booking if payment of the deposit or full amount fails.
III. The 20% deposit amount is due upon acceptance of the booking and must be paid within 72 hours to guarantee the dates requested. An interim payment of 25% of the total cost is due 42 days before the start date. The remaining balance is due no less than 21 days before the start date as shown in the Booking Confirmation documentation. Bookings made less than 21 days in advance must be paid in full on confirmation of the booking.
i. If the payments are made by the due dates outlined above, The Company reserves the right to cancel the booking and withhold the deposit and interim payment (if applicable).
IV. A compulsory £300 Damage Pre-authorisation will be made against The Hirer’s card two days prior to your arrival. The funds will not be taken from your account; however they will be reserved in the event of any damage to The Narrowboat, its inventory, or the surrounding property of The Company’s business address made by The Hirer and their party.
(IV) i. The pre-authorisation covers the cost of all reasonable accidental damage made to The Narrowboat, its inventory, and the surrounding property made by the Hirer for the duration of their stay. It does not cover damage or loss caused by negligence, use outside of the agreed appropriate use of hire outlined within Clause 6, illegal activity, failure to return The Narrowboat, late return, unreasonable & excessive damage, or damage caused by dangerous/reckless use of The Narrowboat. In the event that such damage occurs, The Hirer is liable for the full cost of repair, replacement, and/or compensation.
(IV) ii. If the pre-authorisation fails, The Hirer must make a £300 cash deposit or bank transfer to The Company 24 hours prior to the booking commencement. This will be refunded in full within 2 working days of the end of the hire provided no reasonable deductions are required upon assessment of The Narrowboat on return.
1. Failure to pay the pre-authorisation before the hire commencement date may be treated as a cancellation by The Hirer and all funds will be retained as per the terms of Clause 8.
I. The Company is responsible for providing The Narrowboat to The Hirer for the period of hire in an appropriate condition reflected in the materials contained within The Website.
(I) i. The Company makes no guarantee of the navigable routes of the canal. The Hirer is responsible for checking availability of routes that they wish to travel prior to arrival and during the term of their hire.
(I) ii. The Company will provide The Narrowboat fuelled and in clean condition. The pump-out toilet will be empty at the start of your holiday and will be emptied on your departure, however if the tank fills during your holiday then The Hirer is responsible for emptying the tank at a suitable location – The Company will be able to provide advice on where to seek this service on your journey, however the cost of this will be borne by The Hirer.
(I ii) 1. The Hirer and their party must not continue to use the toilet once the tank is full, as this may cause damage and health & safety concerns. In this event, The Hirer will be liable for all damages and costs incurred for correcting this usage.
(I ii) 2. Hirers will be shown appropriate use of the macerator pump out toilet on arrival. Failure to comply with instructions, including but not limited to flushing inappropriate items such as wet wipes, will result in additional charges.
(I ii, 2) a. If a callout to unblock the toilet is required, The Hirer must immediately contact The Company. This callout is a £60 charge unless this is a fault caused by The Company. If The Hirer fails to contact The Company in the event of a blockage, then the charge on return of The Narrowboat is £250.
II. The Hirer is obliged to return The Narrowboat by the checkout time outlined in their Hire Agreement. The Narrowboat must be returned in good, clean & tidy condition. Failure to meet this obligation may result in additional charges and/or legal action where required to recover The Narrowboat, its contents, or the cost of its repair.
(II) i. Good, clean & tidy constitutes all bins being emptied, all cutlery & crockery cleaned and put away, and all sides wiped. Cleaning materials are provided for use.
I. The Hirer agrees to use The Narrowboat in a responsible manner. This Hirer:
(I) i. Must not cause undue disruption to other canal users,
(I) ii. Must not cause avoidable damage to canal infrastructure,
(I) iii. Must not cause avoidable harm to wildlife or the environment,
(I) iv. Must not use The Narrowboat for parties or events, whether licenced or otherwise,
(I) v. Must not use The Narrowboat for illicit, illegal, or immoral purposes, including but not limited to the consumption of drugs on the property,
(I) vi. Must take all reasonable steps to secure the property and prevent burglary, theft, or damage including but not limited to lack of security of ropes or failing to lock & secure all windows & doors when vacating The Narrowboat or while asleep,
(I) vii. Must not operate The Narrowboat while intoxicated or using medications that limit the ability to operate vehicles or heavy machinery,
(I) viii. Must not smoke while on board the interior of The Narrowboat and must dispose of all cigarette butts responsibly,
(I) ix. Must not keep live fishing bait on The Narrowboat,
(I) x. Must not overload sockets and electrical capacity of The Narrowboat,’
(I) xi. Must observe all bylaws, navigational limits, instructions and advice of the Environmental Agency and Canal & River Trust or their representatives,
(I) xii. Must not cruise or run the engine unnecessarily between sunset and sunrise as The Narrowboat is only equipped to travel during daylight hours and you must not cause disruption to other canal users,
(I) xiii. Must observe all speed limits and not cruise at a speed which creates a breaking wash and disturb other users of the waterways,
(I) xiv. Must not permit any party below the age of 18 from controlling The Narrowboat unless under the direct supervision of a responsible adult member of the party,
(I) xv. Must not bring canoes, paddleboards, or bicycles on board the boat – this is at the discretion of The Company and may be permitted in special circumstances,
(I) xvi. Must ensure all mooring equipment, ropes and hoses are stowed safely and tidily throughout the duration of hire and the return of The Narrowboat so as not to cause hazards to any party.
II. At The Company’s discretion, dogs may be permitted on board The Narrowboat for an additional charge of £50 per dog. The Company only permits a maximum of two dogs per booking due to the size of The Narrowboat.
(II) i. The Hirer must ensure that dogs are provided with blankets, beds and bowls. No interior furnishings or items may be used for the purposes of care of the dogs. Dogs must be kept off of beds, seats and soft furnishings.
I. The Company reserves the right to cancel the booking and may repossess the boat if The Company has any reasonable belief that The Hirer is not suitable or capable to take charge of The Narrowboat, particularly where The Company holds the reasonable belief that The Hirer may create risk for any involved party, The Narrowboat, other users of the waterways, the environment or wildlife.
(I) i. Any costs incurred by The Company will be charged to the Hirer.
II. The Hirer is under no obligation to attend the booking, however if The Hirer wishes to change or cancel the booking or hire agreement then they must give reasonable notice to The Company. The Company is not obliged to accept requests to change.
III. Requests to transfer the agreement to another third-party Hirer can be made but acceptance is at the discretion of The Company. The Hirer may take out cancellation insurance to protect against cancellation liabilities.
(III) i. In the event that The Hirer cancels the booking, The Company will retain the following in accordance with the date at which notice has been received:
(III i) 1. More than 6 weeks to booking date – The Company will retain the deposit and any fees paid.
(III i) 2. Less than 6 weeks (42 days) – The Company will retain any monies paid including the deposit and any fees paid. If The Company is able to re-let The Narrowboat for all or part of the
hire period, The Company shall refund an amount proportionate to the period that has been re-let less the deposit, fees, PayPal charges, and reasonable administration fees.
I. Before you are given control of The Narrowboat, The Company will give an induction and training as deemed necessary based on the experience level of The Hirer. The Hirer will also be given a copy of the Epic Handbook both prior to arrival and to refer to during the hire period. The Company aims to be contactable during daylight hours and as far as is reasonable during night-time hours to assist The Hirer with queries and safety questions as necessary. Contact details will be provided to The Hirer and available in the Epic Handbook.
(I) i. The Company reserves the right to refuse access and hire to any parties who they deem unable to safely man The Narrowboat. All Hirers are advised that they must have read and agreed to all terms & conditions and satisfactorily completed the induction & training. The Company may refuse to permit hire if during the induction & training any party does not display appropriate attention, care, and due diligence, or any party displays signs of negligence including but not limited to inebriation.
II. The Hirer must ensure that all members of their party always adhere to health & safety guidance. This includes:
(II) i. Not swimming in the canals & waterways,
(II) ii. Not exceeding the 4mph speed limit in place on the canals,
(II) iii. Not using The Narrowboat to open lock gates,
(II) iv. Adequately supervising all children for the duration of The Hirer’s stay,
(II) v. Operating the boat only when fit to do so (including not operating the boat while intoxicated),
(II) vi. Not causing unnecessary and avoidable collisions with other boats or canal infrastructure,
(II) vii. Not permitting dogs to swim in the canals and adequately supervising dogs to ensure they are not put at risk,
(II) viii. Not use open flames including lighters, candles, fireworks, etc. while on The Narrowboat. Explosives such as fireworks should not be present on board at any time,
(II) ix. Not remove electrical items such as televisions, microwaves, straighteners, etc. from the interior of The Narrowboat,
(II) x. Not bring hazardous items on board, including but not limited to electrical appliances, flammable items or substances, heaters, barbecues, large batteries, or offensive weapons.
III. The Company agrees to keep The Narrowboat compliant with all health & safety legislation and requirements and will renew all necessary licences and certificates. These may be presented to The Hirer on request.
IV. In the event of an accident, The Hirer must contact The Company immediately and must ensure to obtain the following:
(IV) i. Details of the name of any other boats and parties involved, including full names, addresses, and contact details,
(IV) ii. Details of the incident and damage.
(IV) iii. The Hirer must follow all given instructions from The Company. The Hirer or any member of the party should not accept liability without discussion from The Company.
V. The Hirer nor any party members should not attempt to make any repairs or maintenance to The Narrowboat without explicit permission from The Company. If The Company finds evidence of tampering, The Hirer will be liable for any costs associated.
VI. The Hirer must notify The Company immediately in the event of any breakdown, damage, loss, theft, or accident as soon as possible
I. The Company has insured The Narrowboat, its equipment and its inventory against public liability risks and guarantees to keep this insurance valid and renewed. The Company nor its insurance does not cover personal accidents, loss, or damage to personal property. The Hirer may take out personal insurance cover.
I. The Company shall not be liable to pay any compensation, damages, costs, or expenses for any claim arising from any cause beyond The Company’s reasonable control which could not have been mitigated or avoided by The Company, including but not limited to:
(I) i. Death or personal injury of The Hirer and their party members,
(I) ii. Loss, theft or damage to any person’s property,
(I) iii. Non-fulfilment, delay, or disruption to any bookings,
(I) iv. Breakdowns, mechanical problems, defects, or damage to the boat,
(I) v. Restrictions to routes and cruising,
(I) vi. Acts of God including storms, floods, droughts, ice, resource, and other weather conditions,
(I) vii. Resource shortages including fuel, food, etc,
(I) viii. Any damage, loss, or expense incurred by The Hirer including the cost of alternative accommodation, transport, or other holiday provision.
II. The Company’s total liability to The Hirer and any other person claiming through The Hirer in respect of all claims which may arise under this Agreement (other than claims which may arise from personal injury or death) shall be limited in aggregate to twice the total price paid by The Hirer to The Company for the holiday.
III. The Hirer shall be liable to The Company for any loss, damage, or theft caused by The Hirer or by any member of The Hirer’s party.
I. Should events beyond the reasonable control of the The Epic Boating Company, including but not limited to (1) acts of God, (2) war, including armed conflict, (3) strikes or labour disputes, (4) disease at the location or surrounding area, (5) government regulation or advisory (including travel advisory warnings), (6) civil disturbance at the location or surrounding area (7) terrorism or threats of terrorism in the United Kingdom as substantiated by governmental warnings or advisory notices, (8) curtailment of transportation services or facilities which would materially affect attendees, (9) disaster, fire, earthquakes, hurricanes,
(10) unseasonable extreme inclement weather, (11) shortages or disruption of the electrical power supply or fuel causing blackouts or rolling blackouts or other essential utilities inoperable, (12) any other cause reasonably beyond the parties’ control (collectively referred to as “occurrences”), making the event commercially impracticable, impracticable to perform, illegal, or impossible to fully perform under this Agreement as the Parties originally contracted. In such case the affected Party may terminate this Agreement, without liability, upon written notification.
I. This agreement is governed by the law of England and Wales. Any dispute arising under this agreement shall be submitted to the exclusive jurisdiction of the Courts of England and Wales. Only named parties may enforce the terms of this agreement.
