LEGALLY BINDING CONTRACT. BEFORE AGREEING TO IT BY MAKING A PAYMENT, YOU ARE ADVISED TO TAKE INDEPENDENT LEGAL ADVICE AND FOLLOWING SUCH ADVICE, IF NECESSARY, TO AMEND ITS TERMS TO REFLECT THE TERMS THE PARTIES WISH TO AGREE.
Please read these Activity Conditions carefully. They are all part of the Activity Agreement (the “Agreement”) and describe the rights and duties of both you and the Company.
● Definitions
In these Terms and Conditions and the Agreement the following words have the following meanings:-
“Agreement” means the Activity Agreement between You and the Company which is evidenced by Your booking request and the Booking Confirmation and is made on the basis of these Conditions.
“Booking Confirmation” means the written confirmation issued to You by the Company confirming the activity period, price, place of delivery and other key particulars of the booking.
“Company” means Marlow Boating Limited trading as The Corporate Boating Company of whose base is at Bisham Abbey, Marlow Road, Bisham SL7 1RR and whose company office is at 61 Gibson Road, High Wycombe, HP12 4QP and on 01628 566290.
“Conditions” means these Activity Terms and Conditions.
“Deposit” means the deposit in the Booking Confirmation.
“Hire Period” means the Activity period in the Booking Confirmation.
“Price” means the price in the Booking Confirmation.
“Security Deposit” means the security deposit in the Booking Confirmation.
“Activity Date” means the date in the Booking Confirmation.
“Written” means that the item has been printed, typed, written out by hand or sent or displayed by email or other electronic means.
‘Equipment’ – any craft and ancillary items used for the Activity
‘Site’ – means Bisham Abbey or any other private property that the Activity is held at
“You” and “Your” means the person or persons named in the Booking Confirmation, or anyone added at a later date. If there is more than one of You, each of You shall be individually responsible for complying with the Agreement and be 25 +years of age.
“Adult” is able person 25 years or over

1. Agreement to Activity
1.1 When You request a booking You are making an offer to carry ot an Activity on these Activity Terms and Conditions. If the Company accepts Your booking, it will issue the Booking Confirmation to You. The Agreement will not be considered an effective contract until the Company has received Your completed booking form and deposit (if required) and sent You a Booking Confirmation. Bookings will only be accepted on the Company booking software system – booked online or over the phone.

1.2 You, as party leader, are responsible for ensuring the accuracy of the personal details and any other information supplied in respect of You and Your party. You must be 25+ years to be the Party Leader.

1.3 When You receive the Booking Confirmation please check the details carefully and inform the Company immediately if anything is incorrect.

1.4 A provisional or conditional booking is not binding and You may cancel it at any time before the Booking Confirmation is sent out to You by the Company. Similarly the Company may hire the boat to another party in place of You at any time before a Booking Confirmation has been sent to You.

1.5 Nothing in these Activity Termsa and Conditions affects Your statutory rights.

2. Prices and Payment
2.1 The Company’s advertised prices are in pounds sterling (£) and the company is not Value Added Tax (VAT) registered

2.2 The Booking Confirmation sets out the total Price payable by You.

2.3 You, as the party leader, are responsible for making all payments due to the Company. Payment is deemed to have been made by You when cleared funds are received in the Company’s designated bank account or by debit Credit card.

2.4 You will need to pay the Deposit at the time of the booking request by Credit Card or bank transfer if requested.

2.5 The balance of the Price, (if a booking deposit is taken is set out all charges is due not less than 28 days before the Activity Date as shown in the Booking Confirmation. Time of payment shall be of the essence in this Agreement. Failure to pay the Price by the due date may result in the booking being cancelled but Your liability for payment will remain.

2.6 For bookings made less than 28 days before the Start Date, You must pay the Price set out all charges at the time of the booking request.

3. Your Party
3.1 Personal agreement and obligations: this Agreement is a personal one between You and the Company, and Your identity and the identity of members of Your party are a material factor in the Company’s decision to enter into this Agreement. You must be at least twenty-five (25) years of age at the time of booking and possess the legal capacity to make the booking. You must be authorised by all other members of Your party to enter into this Agreement and accept the Agreement Terms and Conditions on their behalf. The Age ranges of all members of Your party must be provided to the Company at the time of booking. All changes in Your party (the addition, substitution or removal of any member of the party) which take place at any time after the Booking Confirmation has been issued (including during the Activity Period) must be communicated in writing and approved by the Company (such approval is subject to these Activity Terms and Conditions, but otherwise not to be unreasonably withheld). You are responsible for making all members of Your party aware of the terms of the Agreement.

3.2 School parties, youth groups, hen or stag parties, business purposes: the Company’s general policy is that it will not enter into this Agreement for school parties, youth groups, hen or stag parties or for any commercial purpose without more information about the members of the party and the purpose and nature of the hire occasion. If the Company later becomes aware that Your party actually falls within this policy but that You have not disclosed it to the Company then the Company may terminate Your booking. In this event the Deposit and any other part of the Price which You have paid will be retained by the Company and You will remain liable to pay the balance of the Price.
3.3 Medical Issues: if You or any member of Your party has any medical problem or disability that may affect Your booking, please tell the Company before You make Your booking and give full details in writing as early as possible before You travel. If the Company reasonably feels that it cannot properly meet that person’s particular needs, the Company may have to refuse or cancel Your booking.
3.4 The use of alcohol and controlled drugs; Company’s right of immediate cancellation: the boat shall not be navigated while anyone on board is, or appears to be, under the excessive influence of alcohol or drugs and the Company may cancel Your booking and refuse to hand the Equipment over to You or repossess it if You or any member of Your party is or appears to be under the influence of alcohol or drugs. In such a case the Company shall be entitled to recover any loss, damage and expense from the monies already paid by You and if this is insufficient to cover its loss it shall be entitled to bring a claim against You for the balance of such claim.
3.5 Company’s right to decline handover for safety reasons: the Company may cancel Your booking and refuse to hand the boat over to You if, in its reasonable opinion, You are unsuitable to take charge of the boat for any reason that may adversely affect the safety of any person or property. In this event (and provided that You have fully complied with Your obligations under this Agreement) the Company will refund the Deposit and any other monies which You have paid to the Company and this Agreement shall be discharged without further liability on either party.
3.6 Unreasonable Behaviour: the Company can refuse to hand over the boat if the unreasonable behaviour of anyone in Your party is likely to cause offence to other guests, to members of staff or to waterway users, or if the Company has reasonable cause to believe You or any member of Your party will cause damage or loss to the Equipment, its services or facilities. If this happens, this Agreement between You and the Company will end and You will not receive any refund and the Company will not have any further responsibility to You. The Company can end a stay after the Equipment has been handed over, if the unreasonable behaviour of anyone in Your party (including anyone invited onto the Equipment or Site or property by You) is likely to spoil the enjoyment, comfort or health of other guests, residents, waterway users or members of staff or where You or any member of Your party (or anyone invited on to the Equipment or Site by you) has broken or is likely to break any of the Agreement, these Activity Terms and Conditions, any applicable laws and regulations, or any other terms and conditions applicable to the Equipment which You have been told about. If this happens, You will have to leave the Equipment and Site immediately and no refund will be given. You may also be responsible for any costs the Company incurs as a result of Your behaviour.
3.7 Company’s right to repossess during the hire: the Company may repossess the Equipment at any time after commencement of the Activity Period if, in the reasonable opinion of the Company, You are unsuitable to be in charge of the Equipment for any reason affecting the safety of any person or property including in particular if You or any member of Your party, or anyone invited onto the Equipment or Site by You, is or appears to be under the influence of alcohol or drugs or if You are not behaving responsibly or if there has been a material breach of this Agreement.

3.13 All adult participants accessing Paddle or Pedal craft must be able to swim 25 metres and will wear a buoyancy aid.

3.8 Children unable to swim 25 metres must wear a 100N Life Jacket

3.13 All Participants using equipment as a Bare Boat Charter – unaccompanied – must wear a buoyancy aid or life jacket in all of our paddle craft.

3.10 Participants taking part in skippered motor boat charters may wear a life jacket at their discretion. Non swimmers will wear a life jacket at all times.
All decisions regarding the wearing of flotation devices are at the discretion of our staff and are final.

3.11 Canoes:

3.11.1 Youngest allowed passenger in a canoe is 4 years, all children up to 10 to be accompanied by 2 Adults (one 25 Years or over, people 12-25 to be accompanied by one Adult.

3.11.2 Anyone under the age of 16 must be accompanied by an Adult in their canoe

3.11.3 A minimum of 2 capable people must paddle a Canadian canoe.

3.12 Paddle Boards and Water Bikes

3.12.1 Our Paddle Boards or Water Bikes on the Thames should not be used by children under 12 years – or at the discretion of the Company.

3.12.2 An Adult 25 yrs or over must accompany people 12-25 on the water (from another vessel, not the bank).

3.13 Sit on Top Kayaks

3.13.1 The minimum age for using our single Kayaks is 14 years (or at the discretion of the Company) – must be accompanied on the water in another vessel by a party leader 25 years +.

3.13.2 The minimum eldest age to hire a double kayak is 16 years and must be accompanied on the water in another vessel by a party leader 25years+.

3.13.3 The minimum age for a second paddler in our double kayaks is 6 years.

4. Cancellation Policy
4.1 This Agreement is a legally binding contract and may only be cancelled in accordance with these Agreement Terms and Conditions.

4.2 If You want to cancel Your booking You must give the Company written notice (the “Cancellation Notice”). The date of receipt of the the Cancellation Notice shall be the effective.

4.3 The Company shall make the following charges for cancellation, depending on the date on which the Cancellation Notice is received:

Days before Start Date when Cancellation Notice received Cancellation Charge
more than 28 Loss of the Deposit (if a deposit taken)
(including any part of the Deposit which has not yet been paid)
0-28 100%

5. Changes Requested By You
5.1 This Agreement is a legally binding contract and bookings may only be changed with the agreement of both parties and in accordance with these Activity Terms and Conditions.

5.2 If You wish to change Your booking, the Company will try to accommodate the changes subject to availability, provided that notification is received in writing from You. If the booking You change to is, at the time of amendment, cheaper than what You have paid for Your original booking, no refund will be given.

6. Cancellation By the Company
6.1 The Company may cancel this Agreement by Written notice in the following circumstances:
6.1.1 for any of the reasons described in this Agreement;
6.1.2 in the event of an accident affecting the safety or navigability of the Equipment;
6.1.3 The Activity on the day is subject to safe river/water and weather conditions. For strict insurance reasons the Company is unable to allow Participants to use their paddle Equipment when the River Thames is on Yellow or Red boards as determined by the Environment Agency. Motorboats could be used at the discretion of the Company when Yellow Board are showing. If a postponement of your Activity is deemed necessary by the Company, the Company will give you as much notice as possible and will offer you alternative dates.
6.1.4 for breach of any of the rules set out under Condition 10.1;
6.1.5 for non-payment of any sum due under the booking and/or this Agreement.
6.2 The Company is entitled to recover from You any loss which it suffers as a result of cancellation under any of the provisions of Condition 4 or for breach of Condition 10.1 and it may retain all or part of any payments which You have made as security for such claims.
7. Activity Period, Collection and Return of the Equipment

7.1 You must notify the Company as soon as possible if Your estimated arrival time is delayed or disrupted as this may lead to difficulties and delays in making the Equipment available to You.

7.2 Before You take the Equipment over the Company will give You such instructions, demonstrations and trials as are appropriate and You will then be required to check and sign the hand over form.

7.3 In the event that the Equipment or staff arenot available on the Start Date due to any circumstance for which the Company is not responsible (for example adverse weather or navigation conditions, damage, mechanical breakdown, late return by previous hirers) the Company may substitute the Equipment with similar if possible but if no such Equipment is available the Company shall refund You with the Deposit and any other payments You have made.

7.4 The Equipment must be returned to the location specified by the Company or as otherwise shown on the Booking Confirmation or notified under Condition 8.7 and vacated by You by the time stated on the Booking form and it is Your responsibility to allow sufficient time to ensure timely return.

7.5 If You return the Equipment late or to the wrong place because of poor planning on Your part or for another reason which is Your responsibility then You will be liable to pay £25% of the Booking price for every hour or part hour of the delay in returning the Equipment or giving possession and the cost of recovering the Equipment to the return point and any other expenses and losses which the Company may incur as a result of the delay including the loss or cancellation of a subsequent booking.

7.6 The Company reserves the right to change the places of handover and return for operational reasons. In such event the Company shall be obliged to give You Written notice of the change in sufficient time to allow any necessary replanning of Your itinerary and to organise any transport which is reasonably necessary for You and Your party as a result of such change.

8. Insurance and Security Deposit
8.1 The Company insures its Equipment against physical loss and damage and against public liability risks. You are entitled to any protection that may be afforded by the Company’s insurance policy (subject to Your paying any applicable policy excess) but You and members of Your party may become legally liable to the Company or to third parties for loss or damage caused or contributed to by Your acts, omissions or negligence.

8.2 The Company will take a picture of the party leader’s photo ID at point of embarkation when taking a motor boat for insurance purposes held under their GDPR rules.

8.3 The Company’s insurance policy does not cover personal accidents or Your personal belongings and deliberate acts of misuse and negligence and does not cover the first £250 of any claim.

8.4 A Security Deposit may be requested by he Company. The Security Deposit is intended to cover the Company’s policy excess and any uninsured risks or other sums due to the Company under the Agreement. The Security Deposit is not the limit of Your potential liability to the Company.

8.5 The deposit is non-refundable if for example a rope is left in the water and gets caught around the propeller, or for gross negligence resulting in an accident.

8.6 The Company may apply the whole or any part of the Security Deposit to payment of any claim which the Company may have against You. Otherwise the Company shall promptly refund the Security Deposit by credit/debit card as soon as the Company is satisfied that no loss, damage or accident has occurred and that no other sums are due to the Company from You.

9. Safety and other Rules
9.1 You agree to comply with the following rules at all times during the Activity Period:-
9.1.1 To ensure that at all times while the Equpment is being navigated or is transiting locks the minimum age of the operator onboard and in charge is twenty five (25) years.
9.1.2 Not to tow or be towed other than in exceptional circumstances.
9.1.3 To moor the Equipment securely or take out of the water in the case of paddle craft when not being used.
9.1.4 To observe all speed limits, and not to navigate at a speed which creates a breaking wash or disturbs or inconveniences other waterway users.
9.1.5 Not to race the equipment, unless under the guidance of a qualified Paddle sport Leader.
9.1.6 Not to bring onto the Equipment any pets,portable heaters, bicycles, barbeques, inflammable liquids or substances, gas cylinders, car batteries or any other items which might create dangers or hazards without the Company’s prior Written permission.
9.1.7 Not to use the Equipment for any commercial purpose.
9.1.8 To allow the Equipment to be occupied only by the persons who attended the handover briefing and declared on the Booking Confirmation.
9.1.9 Not to allow to be on the boat at any time more than 8 persons in the Zen Class Boats and 5 persons on Crocodile or overload paddle/pedal craft beyond the wight limit..
9.1.10 To give way to laden or unladen cargo boats, sailing craft, rowing boats and other human propelled craft.
9.1.11 Not to have or carry any live bait on the boat.
9.1.12 At all times to observe and abide by all regulations, bye-laws and navigational limits and abide by the instructions and advice of the relevant Navigational Authorities and the Company and their respective officers and employees.

9.2 The Company reserves the right at its reasonable discretion and without liability to restrict cruising areas or routes in the light of prevailing weather and navigation conditions
9.3 If You are reported for improper navigation during the Activity Period or if You are in breach of any of the rules in Condition 10.1 and if the Company has good reason to believe that it will be involved in any expense or penalty as a consequence, then, at the Activity Date, the Company may retain the Security Deposit against prospective future liabilities, provided that it shall pay it into a separate client account. If no action has been taken after a maximum period of six (6) months from the Activity Date the Company shall return the Security Deposit to You together with accrued interest. Where the Security Deposit has been provided by credit card, the Company shall not be entitled to charge the card with more than the Security Deposit and shall be obliged in any event to notify You in writing of the amount and date of any such charge.
10. Accidents
10.1 You are in charge of the Equipment and are responsible for its safe navigation. In the event of any accident or damage involving You or any other people or any property You must:-
10.1.1 obtain and record the name of any other craft and the names and addresses of any other people involved on the form provided by the Company (when available);
10.1.2 notify the Company as soon as practically possible with full details of the accident and any damage sustained; and
10.1.3 proceed in accordance with and follow the Company’s reasonable instructions.

11. Looking after the Equipment
11.1 You are responsible for and will keep the Equipment and contents in clean and tidy order during the Activity Period.
11.2 The Company operates a strictly NO SMOKING policy on it’s site and on its boats.
11.3 You must notify and provide full details to the Company of any breakdown, damage, theft or loss involving the Equipment as soon as practically possible. You must not undertake or commission any repairs, adjustment or service without the Company’s prior approval.
11.4 Although the boat and its equipment are insured against many risks by the Company, You remain responsible to the Company for any damage or loss arising from Your breach of the Agreement, Your deliberate acts or from Your negligence.
11.5 If the Equipment isleft in a deemed filthy condition, the Company will charge You £5 per paddle craft and £40 per motor boat .
12. Rights of Entry
12.1 The Company reserves the right at any time to board the Equipment to inspect it (including but not limited to where You have complained about the Equipment). If this happens, the Company will try to give You reasonable notice first. You agree to allow the Company or their representative(s) or contractor(s) immediate access to the boat at any time.
13. Hirer’s Property
13.2 Vehicles may be left entirely at their owner’s risk in the Company’s site car park. The Company will be under no liability for any loss or damage to vehicles or their contents or for Your property on the boat unless caused by the Company’s negligence.
13.3 The Company may take such reasonable action as it shall consider necessary to silence car alarms in the Company’s car park and to recover the costs from You. This is inclusive of any requirements and obligations under the Noise and Statutory Nuisance Act 1993 and/or under the Clean Neighbourhoods and Environment Act 2005 and/or any other relevant legislation.
13.4 The Company will return property which it finds which has been accidentally left on the Equipment and Site provided that it is claimed promptly and that You either arrange for its collection or agree to pre-pay for any postage and packing. Property not claimed within two months from the End Date may be disposed of by the Company.
14. Fuel
●
14.2 The motor boats are handed over ready charged/fuelledand the Price includes the cost of electricity consumed

14.3 Charging the batteries and re-fuelling is to be done only by the Company.

15. Pets
15.2 Pets are not allowed on our Site or Equipment

16. Inventory
Any shortcomings discovered during the Activity Period must be notified to the Company as soon as practically possible so as to afford the Company the opportunity to rectify the matter. You will be responsible for the cost of replacing or repairing any items on the inventory which are missing or damaged at the end of the Activity Period.

17. Exclusion and Limitation of Liability
17.1 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:
17.1.1 loss of or damage to any person’s property (including the Equipment);
17.1.2 non-fulfilment, interruption or delay to the booking;
17.1.3 breakdowns, mechanical problems, latent defects, damage to the boat;
17.1.4 restrictions on cruising, obstructions, repairs, damage or closure of waterways, non availability of routes, navigational works, storms, floods, droughts, ice, shortage of water or other weather or climactic conditions;
17.1.5 consequential loss, damage or expense which You incur including the cost of alternative transport.

17.2 To the extent that the terms of this Agreement contradict any laws on consumer rights, the rights conferred on any Party who is a consumer shall remain unaffected.

18 Marketing
18.1 The specifications of Equipment on the website and marketing materials are intended as a general guide and the Company shall not be liable in the event of any insubstantial differences in the Equipment supplied and reserves the right to make modifications. If Your party includes any infirm or disabled persons You should make relevant enquiries at the time of booking.

19 Special Requests
19.1 If You have any special requests, You must let the Company know when You make the booking and confirm Your special requests in writing. The Company cannot guarantee that any request will be met.

20 Complaints
20.1 You must contact the Company immediately if any problem arises so that it can be sorted out as quickly as possible. It is often extremely difficult (and sometimes impossible) to sort out difficulties properly unless You let the Company know promptly. If, after this, You feel that the problem has not been sorted to your satisfaction, You must, within thirty (30) days after Your Activity, provide the Company with a written compaint. The Company has a procedure to make sure it can sort out complaints as quickly as possible. Please help the Company to help You by following this procedure. If You fail to do so, this may affect Your entitlement to claim compensation if this would be appropriate. Should Your Complaint remain unresolved after following the procedure under this Clause 21, you may raise the complaint with British Marine (“BM”) or British Canoeing (“BC”), who operate a procedure for complaints received regarding current BM & BC members. Please contact BM or BC for further information.
21 Third Parties
21.1 A person who is not a party to this Agreement, shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
22 Data Protection
22.1 To process Your booking we will need to collect and process personal information. This may, for operational reasons, be held overseas. For more detailed information about how we use personal information, please see the Company’s Privacy Policy.
23 Photographs and Video
As part of the company operating procedures, Participants will be asked if they can be photographed/video when on site and whilst using the Equipment. If the Participants agree to have their picture/video taken, The Corporate Boating Company will retain the copyright of the image and may be able to use for on and off-line promotional purposes.

24 Law and Jurisdiction
24.1 This Agreement and any non-contractual obligations arising out of, or in connection with, this Agreement shall be governed by and construed in accordance with English law.
24.2 Subject to Clause 24 below, You and the Company irrevocably agree that any and every dispute (and any non-contractual obligations) arising out of or in connection with this Agreement shall be subject to the non-exclusive jurisdiction of the English courts.
25 Dispute Resolution
25.1 Disputes arising out of or in connection with this Agreement, when they cannot be resolved by negotiation, may, with the written agreement of the Parties, first be submitted to mediation under BM’s or BC’s Dispute Resolution Scheme.
30. Disclaimer
The Participant acknowledges that Paddle Sport is an assumed risk-water sport activity and the Company will not be liable for any death, personal injury, or loss of or damage to goods arising out of the use of any of the Equipment used by them.
The Company will not be liable for any claims arising due to contraction of COVID-19 arising out of the hire of our equipment or interactions with our staff or visiting the Site.

31. Changes
The Company reserves the right to make amendments to these Hirer Terms and Conditions without notice. The full and latest version of our Terms and Conditions are on our website.

I ____________________________ , as party leader, confirm that that I am authorised by all members of my party to submit their personal details and sign on their behalf and that we agree to be bound by these Conditions and this Agreement.
Signature: …………………………………….
Date: …………………………………….

15.4.2024

© Marlow Boating Limited