Terms and
Conditions
1. Definitions in the Contract
“Booking” means the booking by a Client of a
Safari, Course, RIB/boat Charter;
“Client” means the person or persons named on the
Booking Form as wishing to hire Equipment from the Company for leisure activities
for a specified period. In the case of more than one Client, the Clients shall each
be jointly and severally liable under this Contract;
“Company” means Jetski Safaris Limited, a company registered in England at 9
Branksome Towers, Poole, Dorset B13 6JT with registration number 3210594;
“Charges” means the amounts payable, exclusive of
any applicable VAT, in respect of any Booking;
“Deposit” means the deposit paid by the Client in
respect of any Booking pursuant to 5.3 of these Terms;
“Equipment” means any boat, jet ski, water craft,
motorised leisure vehicle or similar recreational equipment together with any
additional elements or accessories thereof that may be provided to any Client
by the Company or used by the Company in providing leisure activities to the
Client;
“Period of Hire” means the duration of the
provision of the Company’s Equipment to the Client, as set out in the Booking; and
“Terms and Conditions” means the terms and
conditions set out below.
2. BOOKING AGREEMENT
2.1 The Client acknowledges that no statement or representation, expressed or
implied, which may have been made by or on behalf of the Company induced the
Client to enter into the Contract and that any such statements or
representations do not form part of the Contract.
2.2 The Company
reserves the right to decline any Booking at its discretion.
3. AGE LIMITS AND UNSUITABLE CLIENTS
3.1 The Client must be aged 18 or over to drive a Jetski on the Jetski Safari, Passenger from the age of 12 are allowed under parental guidance. Clients aged 14 years and up may drive a Jetski on a RYA PWC Day Course. All Clients must be physically fit to make a Booking. By making
a Booking, each Client warrants that this is the case to the Company.
3.2 The Company
reserves the right at any time in its sole discretion to refuse to allow any
Client who in its opinion fails to meet these criteria or any similar health
and safety criteria to make a Booking and/or to use or be transported upon any
Equipment.
3.3 Where any
Equipment is to be utilised by a Client together with any other persons, the
Client must provide on the Booking Form full details of all persons in their
party. For the avoidance of doubt, the
safety of the Client’s guests and use of the Equipment in accordance with these
Terms and Conditions is the sole responsibility of the Client. The Company accepts no responsibility
whatsoever in respect of any third party’s use of any Equipment.
3.4 The Company
may at its sole discretion cancel any Bookings made in contravention of Clauses
3.1 to 3.3 at any time before or at the start of the Period of Hire. In this
event, the Company shall be entitled to retain any Deposit made by the Client and
any balance of payment will remain due unless the Company is able to re-let the
relevant Equipment. If the Company is
able to re-let the Equipment (and provided that the Client is not in breach of
any other Terms and Conditions and the Company has suffered no other losses due
to cancellation) the Deposit shall be refunded less an administration fee in
respect of which the Client will remain liable.
3.5 The Company
may at its sole discretion whether prior to or during the Period of Hire cancel
any Booking and/or refuse to allow any Client(s) or member(s) of any group of
guests of the Client to participate in a Safari, Course, RIB ride, RIB/boat
charter or otherwise utilise any Equipment who in its opinion is not suitable
to do so for any reason whether on the grounds of age, ill-health,
inexperience, suspected influence of alcohol or drugs, irresponsible behaviour,
abusive behaviour or any reason that may affect the safety of any person, or
the commercial interests of the Company.
3.6 If a Booking is cancelled pursuant to
Clause 3.5 the Company shall retain the Deposit and a pro-rata fee for the Period
of Hire prior to cancellation.
4. CANCELLATIONS AND CHANGES
4.1 The Contract
may not be cancelled or amended except as provided in these Conditions and
Terms.
4.2 Cancellation
of a Booking by a Client must be notified at least fourteen (14) Working Days
prior to the Period of Hire.
4.3 In the event
of cancellation by the Client of a Booking over 14 Working Days before the
Period of Hire, the Client shall be entitled to a full refund of the balance of
the Charges paid or payable, excluding the 30% Deposit. If the Booking is
cancelled between seven (7) and fourteen (14) Working Days before the Period of
Hire the Client shall be entitled to be refunded 50% of the balance of the
Charges paid or payable, excluding the Deposit. If the Booking is cancelled
less than seven (7) Working Days before the Period of Hire, no refund of any
amounts paid or payable will be made by the Company (unless the cancellation is
due to a medical condition specified on the Booking Form).
4.4 In the event
of adverse weather conditions, including floods, storms, heavy sea state,
strong winds or unforeseen circumstances, including technical problems,
mechanical failure, shortage of water, non-availability of fuel, preventing the
conducting of a Safari, Course, RIB ride, RIB/boat charter, the Company shall offer a full refund of the
Charges excluding the Deposit paid or payable if alternative dates are
not agreed with the Client.
4.5 In the event of cancellation of a Booking during the
Period of Hire due to any of the circumstances listed in Clause 4.4 arising,
the Company shall offer a reasonable refund based on the proportion of the
Safari, Course, RIB ride, RIB/boat charter, completed
5. PRICE AND
PAYMENT
5.1 The Company
reserves the right to regularly review and amend the Charges displayed on the
Booking Form and on the website of the company at www.jetskisafaris.co.uk
5.2 Any written
quotations given to prospective Clients shall be valid for thirty (30) days from the date of enquiry.
5.3 At the time
of Booking, a non refundable Deposit of 30% of the total Charges for the
Safari, Course, RIB ride, must be paid by the Client.
6. MAINTENANCE
6.1 The Company undertakes regular checks of the boats, Jetskis hired and used
for Safaris, training tuition, RIB/boat charter before its hiring in accordance
with the manufacturers’ and RYA recommendations.
6.2 In the event
of a boat suffering mechanical breakdown the Company shall take all reasonable
steps to enable the completion of the Safari, Course, RIB ride, RIB/boat
charter.
6.3 The Company
shall not be liable for any consequential loss or damage that the Client(s) may
suffer as a result of such breakdown. Subject to Clause 4, any refunds are at
the Company’s discretion.
7. INSURANCE
7.1 The Company
insures the Equipment against public liability risks. The Company’s insurance does not cover personal accidents or loss or damage to personal effects.
Clients are advised to take out their own personal insurance cover.
8. LIABILITY
8.1 Other than where such loss may not be excluded by law, the Company hereby
excludes any liability of any kind (whether arising in contract, tort or
otherwise) to any Client(s) and their guests, affiliates or any third parties
and in particular in respect of death, personal injury, damage, expense or loss
of any nature whatsoever (whether direct or indirect, special, consequential or
otherwise) sustained by any Client or third party arising from the Client’s use
of any Equipment or receipt of any other services from the Company. For the avoidance of doubt, the Company shall
be in no way liable to any Client, guest or other third party as a result of
the provision of the Equipment or other Services unless unable to exclude
liability by law.
Clients should
be aware that the hiring of leisure equipment and participating in other
leisure activities provided by the Company comes with inherent risks, not all
of which can be avoided. Participation
in any activity utilising Equipment or otherwise provided by the Company is at
each Client’s own risk and that of each individual guest.
8.2 Before
participating in any of the Company’s activities all Clients will have to sign
an Indemnity Agreement/ Waiver of rights. If a group booking is made it is
still essential every individual signs a separate waiver. The Company will no proceed with any Booking
unless all Clients and any guests thereof have validly executed such waivers.
8.3 For the
avoidance of doubt, where there is more than one Client, the Clients are
jointly and severally liable to the Company at all times.
9. BREACH, WAIVER, ASSIGNMENT AND AMENDMENT
9.1 In the event
that the Client commits any breach of this Contract the Company shall be
entitled but without prejudice to any other rights or remedies which it may
have, to terminate the Safari, Course, RIB ride, RIB/boat charter, or other
lease of any Equipment without notice, and to make a reasonable charge for time
spent. No rights of the Company shall be waived except in writing by a duly
authorised representative of the Company.
No rights granted to any Client may be assigned to any other person
except with the prior written consent of the Company. No amendments to these
Terms and Conditions and the provisions of any Booking shall be valid unless
agreed in advance in writing between the parties.
10. LAW
10.1 The
Contract shall be governed by and construed in accordance with English law and
the parties hereby submit to the exclusive jurisdiction of the English courts.
Jetski Safaris Ltd
9,
