Conditions of Hire for Pleasure Cruisers Ireland
All bookings made with PLEASURE CRUISERS Boating Holidays 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 & Cancellations
A non refundable deposit of 33% of the total hire cost is required at the time of booking. A cruiser has been booked only when the booking form and a deposit have reached the Company. On payment of the deposit the Hirer becomes responsible for the total hire fee which is payable not less than two weeks before commencement of hire. Should the hirer be unable to take-over the cruiser, he should notify the Company immediately in writing.
This will normally be 16.00 hrs. On the date booked. 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.
Every precaution will be taken to ensure that the booked Boating Holidays 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. Return Time. All Craft must be returned to the agreed base of hire in a clean condition. Clients may remain on the cruiser until 10:00 hours on the day of departure. 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.
Quantity of crew members
Only the stated number of Hirers as indicated on the booking form 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.
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 for any 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. 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 damage or 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.
On arrival at the marina the Hirer must pay a returnable damage deposit of €500 to cover damages to the boat or its contents and this is to be paid in cash. 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 full tuition by a demonstrator ensure that they are familiar with the controls.
The cruisers may only be taken on the Shannon and waterways in areas and along navigation channels as marked on charts provided to each Hirer. 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 will not 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.
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.
The Hirer is required to notify the marina office of any alleged shortcomings or problems with the cruiser immediately they occur and 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.
The hirer is responsible for the boat and its safe navigation. In the event of an accident or damage the hirer must notify PLEASURE CRUISERS immediately with full details and names and addresses of other persons involved and of witnesses.