1. Your Contract

Your contract is with Norfolk Broads Direct Ltd t/a Broads Tours and referred to throughout these terms & conditions as “Broads Tours”. Any contract to hire a boat listed on this website incorporates the conditions below and is between Broads Tours and you as the hirer. The contract does not take effect until Broads Tours despatch written confirmation of your booking to you. The contract is made in England and is governed in all aspects by English Law.

2. Booking

All correspondence will be sent to the address on the booking form . Broads Tours may refuse to accept a booking at its discretion and will not accept any booking form signed by a person less than 18 years old.

3. Payments

Payment is due when you make your booking. It will be refunded if your booking is not confirmed.

4. Hire Terms

All hire terms are inclusive of VAT and quoted in £ sterling per boat, equipped as described unless otherwise stated. As soon as the booking is confirmed by Broads Tours the hire terms are guaranteed unless there is a change in the rate of VAT.

5. Insurance

Broads Tours are not responsible for the loss or damage of any of your personnel effects or your vehicle whilst it is parked on our site.

6. Alterations by You

If you wish to change your booking after Broads Tours has issued your confirmation, Broads Tours will do its best to help but has no obligation to make any change other than to allow you or any member of your party to transfer the booking to another party or parties, provided that written notice is received from the person who signed the booking form. If Broads Tours are able to make changes, an administration fee of £35 may be charged.

7. Cancellation by You

If you are forced to cancel your booking you must notify Broads Tours immediately by email (or by telephone with written confirmation, signed by the person who signed the booking form). The cancellation will be effective from the date written confirmation is received by Broads Tours. If the reason for cancellation is within the terms of the Broads Tours cancellation protection, (see below) you will receive a refund of monies paid less a cancellation administration fee of £35. If the reason for cancellation falls outside its terms, Broads Tours will make a charge as below.

• cancellation 70 days or more prior to start date: Broads Tours will retain the initial payment only. If you have not paid the full initial payment shown in the brochure at the time of booking, you must pay the shortfall;
• cancellation less than 70 days before start date (or if Broads Tours cancels because you fail to pay the balance of the hire price as required by para 3) – you will be liable to pay the whole balance less any hire charges Broads Tours may be able to recover by reletting the boat. It is not possible to make refunds for any services booked but not used.

Qualifying Reasons for Cancellation of your Hire that fall within the Broads Tours cancellation protection:

• Death, illness, bodily injury, pregnancy or childbirth providing pregnancy commences after the insurance is effected. Jury service, witness call.
• Redundancy, as long as the employment has been continuous with the same employer for at least two years. Cancellation of arranged leave in respect of a member of HM Forces or police.
• Unexpected occupational postings within six weeks of the commencement date of the hire or involving an occupational transfer in excess of 50 miles.
• Fire, storm, flood, subsidence or malicious damage rendering the home uninhabitable.
• Police requiring presence following a burglary or other incident at home or place of business.
• Death, serious injury or serious illness of any member of your immediate family, fiancé(e), close business associate, partner or co director.
• Please note all of the above reasons must not have been within your knowledge at the time of booking.

8. Alterations by Broads Tours

Broads Tours reserves the right to make changes when they become unavoidable or necessary. If a material change is made to your hire Broads Tours will inform you as soon as reasonably possible. A material change is one that is a significant change of location or a change of boat to that of a lower category or price. In the event of material change you may choose to:

• (a) accept the alteration and the contract will be varied accordingly;
• (b) purchase an alternative Broads Tours hire (where available) with credit being given for the price of the cancelled hire; or
• (c) cancel and receive a refund of money you have paid.

9. Cancellation by Broads Tours

Broads Tours will not cancel your hire within 70 days of your hire unless it has to for reasons in para 13 or unless payment is not received as per para 3. Broads Tours may cancel your hire at its absolute discretion on or before the date when payment of the full hire price becomes due. If Broads Tours cancel, they will inform you as soon as reasonably possible and you will be offered either:

• a hire of comparable standard (if available) together with a full refund of any price difference; or
• a full refund of any monies you have paid. Broads Tours may at its absolute discretion refuse to hand over a boat or terminate a hire where in the opinion of Broads Tours a person or group is likely to cause damage, distress or annoyance to other persons or property. In such event Broads Tours will be under no obligation to refund, compensate, or indemnify you.

10. Start and finish of your hire

1. Unless otherwise stated, the time of boarding the boat is from 9am on the hire start date.
2. In the event of mechanical failure, the right is reserved to delay departure until a repair is effected.
3. Broads Tours will give you a demonstration and explain the controls of the boat and its equipment. You must notify Broads Tours of any faults in the equipment of the boat identified either before or after the boat leaves the boatyard so that they can be rectified. Any issues with the cleanliness of either a boat or property this must be mentioned before starting your hire.
4. Unless otherwise stated you must return the boat (with all gear and equipment) to the boatyard in a clean and tidy condition. A charge will be made if the boat is returned late or is not clean and tidy with all rubbish being removed before leaving the boatyard.

11. Accidents

You are responsible for the boat’s safe navigation and must take all reasonable care. No minor may control the boat without the direct supervision of an adult. In the event of damage to the boat rendering it inoperable, however caused, no responsibility can be accepted by Broads Tours for loss of time or cost of alternative accommodation or any other damages or occasioned expenses. In the case of any accident or damage to the boat or any other craft or to waterway property or any third parties property you must, for insurance reasons:

• record the name of any other boat involved with names, addresses and phone numbers of its owner and / or hirer (where applicable); and
• immediately report these facts to the boatyard with full details and extent of the damage; and
• report the full details in writing to Broads Tours on return from hire quoting your booking reference number. No repairs may be put in hand without Broads Tours’s consent. On returning the boat at the end of your hire you must inform Broads Tours of any damage or items broken, lost or stolen.

12. Damage Waivers and Security Deposits

Although boats are insured by Broads Tours you are primarily responsible for any damage to the boat, its equipment or to any third party property and for loss of equipment. Broads Tours reserves the right to charge a damage waiver or security deposit on certain parties – you will be advised when you book.

• A damage waiver payment is non-refundable and indemnifies you for any damage to the boat, its equipment or to any third party property and for loss of equipment.
• A security deposit is refundable if you return the boat without damage, loss of equipment or third-party claim against you. Where damage has occurred, all or part of your security deposit may be withheld by Broads Tours.

Not withstanding the above, if you or any member of your party either fail to comply with booking conditions or cause negligent, wilful or criminal damage you will be fully liable for any loss incurred.

13. Delays

Every boat is checked before the start of each hire and in the event of a mechanical failure the right is reserved to delay departure until a repair has been effected, so it is unlikely that your boat will suffer a mechanical breakdown. If a breakdown of any kind occurs, you must report it to Broads Tours immediately so that repairs can be made to enable you to resume your cruise. Provided that Broads Tours is so informed, they will take steps to repair the boat and/or its equipment as speedily as practicable in the circumstances. Apart from these obligations, Broads Tours shall not be liable in any respect for any indirect or consequential loss or damage, whether financial or otherwise, suffered as a result of such a breakdown. Broads Tours shall not be responsible for the consequences of delays or restrictions on cruising arising from obstruction, repairs or damage to waterways, flooding, shortage of water, industrial action or other circumstances beyond their control. The right is reserved to restrict cruising if unusual or hazardous conditions prevail.

14. Loss of Water

You are responsible for any charges made by waterways authorities in respect of loss of water or damage to waterway property caused by you while in charge of the boat.

15. Navigation Restrictions and Bye-Laws

On no account may you:

• tow, or be towed by other cruisers unless with professional assistance;
• cruise after dark (your boat is not equipped or insured for night navigation);
• permit your boat to be taken out to sea; or You must navigate in accordance with current bye-laws and must observe the speed limits applicable to the waterway. No hire boats may be taken below Haven Bridge, Great Yarmouth or through the lock at Oulton Broad. More detailed information will be provided at the boat yard.

16. Hirers’ Equipment

You may not take on the boat, without Broads Tours’s prior permission, portable heaters of any type, lighting equipment or anything which may cause danger to the boat, its equipment or its occupants.

17. Injury or Damage to you or your property

Broads Tours is not liable for death, personal injury, or loss or damage to you or your property, or any property belonging to or in the possession of the hirer or any member of the hirer’s party (including any motor cars or their contents parked at the boat yard) unless it is caused by Broads Tours’s negligence or wilful default.

18. Party Members with limited mobility.

If you have any members of your party with limited mobility, you must enquire as to the suitability of the boat at the time of booking. Whilst no guarantee can be given, Broads Tours will offer assistance and advice so far as is practical.

19. Extra Persons

The number of persons indicated for each boat must not be exceeded except where provision for extra persons is specified in individual boat particulars.

20. Optional Extras

Optional extras such as dinghies, etc. may be available at extra charge as stated in the brochure, but are subject to availability on your hire start date.

21. Pets

Up to two pets are normally allowed onboard a boat unless otherwise stated in the boat details, at an extra charge. If you wish to take more than one pet, you must obtain prior permission.

22. Disputes

Any dispute, difference or question which may at any time arise out of the contract or the subject-matter thereof shall be referred to a single arbitrator to be agreed upon between the parties (or failing agreement to be nominated by the Chartered Institute of Arbitrators on the application of either party) in accordance with the provisions of the Arbitration Act, 1950, or any statutory modifications or re-enactment thereof for the time being in force.

23. Security Deposits

Please be aware that certain parties will be required to pay a security deposit of up to £200 on arrival. These include single sex parties or parties of young people aged 21 and under. If a security deposit is required your damage wavier will form part of this deposit.

These conditions supersede all previous issues.