Terms & Conditions
TERMS & CONDITIONS OF SELF-DRIVE BOATS AT River Medway Canoes, Medway Wharf Marina, Wateringbury ME18 5ED (‘Conditions’) Valid from 1st January 2024
Please note that these conditions form part of the contract between you (the “Hirer”) and RMC and have legal effect.
1. DEFINITIONS etc.
(a) In these Conditions:
· ‘RMC’ means River Medway Canoes.
· “Regulations” means regulations relating to the use of and behaviour at the Riverside base made in accordance with clause 23.
· “Vessel” means the vessel provided as the Self Drive Day Boat and includes its gear and equipment (internal and external). The vessel is licensed by the Environment Agency and operated in accordance with the said authorities code of practice for ‘Day Boat Hire Procedures and the British Marine federation code for design, construction and operation of hire boats 2021 (version 2).
2. SECURITY DEPOSIT
A security deposit of £40 will be taken on the day of your booking, this will be refunded upon your return subject to the boat being in a damage free state and as originally collected.
3. BOOKING
Advance bookings are only taken. Bookings are non refundable unless the booking is cancelled by the company. Inclement weather is an insufficient reason for the company to provide a refund.
Prompt arrival at the Hirer’s stated booking time is required.
Late arrival from 30mins after the Hirer’s stated departure time is considered and will be classed as a cancellation or ‘no show’. In this case the Hirer will forfeit their booking fee minus security deposit. The booking will automatically be cancelled, and an administration fee will be charged. The company reserves the right to re-hire the boat in this instance.
4. CANCELLATION
A. Hire on the day is subject to safe river and weather conditions. RMCs are unable to allow customers to charter any vessel with red boards as determined by the Environment Agency for insurance reasons. If a postponement of your hire is deemed necessary by RMC, we will give you as much notice as possible and we will offer you alternative dates. Under these circumstances only, and if no convenient alternative date can be agreed, any monies paid will be fully refunded. We are not liable for any losses incurred to clients due to cancellation of trips.
B. Cancellations made by the Hirer within 14 days of the first day of hire will be charged 50% of the hire charge. If cancellation is made by the Hirer within 48 hours of the start of the booking then the Hire Costs will be charged in full.
Cancellations made by the Hirer outside 14 days of the first day of hire will be refunded in full less a £15 administration fee.
5. WEATHER POLICY
Self Drive Boat hire is an all-weather outdoor activity and with the great British weather, if we closed every time it rained, we would never be open. However, if we deem the conditions to be too dangerous, we will not allow your trip to go ahead. If there are high winds, high river levels, lightning, too cold or a combination of all of them, we will notify you at our earliest opportunity and we will offer you alternative dates or a gift voucher valid for 1 year.
RMC does not offer a refund for rainy days, we do however offer a free reschedule service enabling you to re-book your trip within 12 months of your original planned trip, at no extra cost. So, if it is raining and miserable on your original booking date and do not fancy it that day, we can reschedule you to another date of your choice.
6. HIRING CONDITIONS
a) The Nominated captain is responsible for the actions of all members of the group. Any damage or incident will only be discussed with the Captain to whom the agreement is signed with.
b) By signing the agreement, the Hirer accepts liability for the vessel and its party.
c) Vessels are only hired to a minimum of 2 people which is the minimum head count permissible on board at any time. 2 people including the Hirer must be 21 years or older in any group.
d) Vessels may only carry a maximum of 6 people within a party and includes children (minimum age of 3 years old).
e) All members of the party must embark at the start of the hire period at the designated River Medway Canoes riverside location.
f) The Hirer is not permitted to pick up additional passengers during the Hire Period.
g) All members of the hire group must be present and board the vessel at the designated River Medway Canoes riverside location to receive handling and safety presentation which will include the issue of buoyancy aids which will be fitted and demonstrated.
h) Buoyancy aids are to be worn at all times by passengers of 16 years of age and under when on board the vessel or in or around water.
i) The company reserves the right, with good cause and justifiable reasons, not to hire a boat to any person whom it considers to be unsuitable to operate the vessel or who are not able to embark or disembark safely. The company reserves the right to withhold the full amount paid for the total hire period.
j) The Hirer is responsible to check the vessel before departure and to sign acceptance of the vessel for hire.
k) The Hirer will be liable to repay the company for any loss or damage to the vessel or its equipment caused by negligence of the Hirer or party.
l) The Hirer is responsible for returning the vessel on or before the designated return time. Late return fees will apply.
m) Any Hirer breaching these terms & conditions will automatically forfeit their damage deposit and potentially be required to disembark the vessel resulting in collection of the vessel by RMC.
7. LIABILITY
a) RMC shall not be liable whether in contract, tort or otherwise, for any loss, theft or any other damage of whatsoever nature caused whilst in the hired period and/or under the operation of the hirer except to the extent that such loss, theft or damage is caused by a negligent or wilful act of RMC or those for whom RMC is responsible. For the avoidance of doubt RMC will not be liable for any consequential loss or damage that may arise nor for underwater damage caused to vessel or their equipment whilst on hire.
b) The Hirer shall indemnify RMC against all loss, damage, costs, claims or proceedings incurred by, or instituted against RMC or its employees or agents which is caused:
(i) by the mis-use of the Vessel; or
(ii) by the Hirer, his employees, agents, crew or other invitees (together, including the Hirer, referred to as the “Owner’s Party”) which arises as a result of the negligence of any member of the Hirer’s Party; or
(iii) by any breach by the Hirer of the terms of this contract.
c) The Hirer agrees with RMC that the Hirer will be responsible for the conduct at the Riverside case and for the hire period of each member of the Hirer’s Party, including by ensuring that each member of the Hirer’s Party complies with all the obligations on the Hirer (as set out in this contract and in any Regulations made pursuant to clause 23) as to conduct at the Riverside base and as to the use of the Vessel during the hire period.
8. SAFETY
Safety is extremely important and the Hirer must ensure that they and the Hirer’s Party comply at all times with the Regulations relating to safety and noise.
9. FORCE MAJEURE
RMC shall have no liability to the Hirer if access to the river is prevented from or delayed in accessing the riverside base and/or otherwise using their Vessel by acts, events, omissions or accidents beyond the reasonable control of RMC, including, without limitation, as a consequence of water levels in the River Medway and/or at the riverside base, pandemic or epidemic disease (including government enforced lockdowns and other restrictions), strikes, lock-outs, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, or storm.
10. REFUSE AND ENVIRONMENT
a) The Hirer must ensure that no rubbish is thrown overboard or left on the pontoons, jetties or car parks, or disposed of in any way other than in the receptacles provided by RMC (if the type of refuse etc. is appropriate) or by removal from the riverside base.
b) The Hirer must observe all regulations currently enforced by the Environment Agency or other such body that controls the environment and water quality of the River Medway.
11. PARKING
a) The Hirer and members of the Hirer’s Party shall park their motor vehicles at the Wateringbury Train Station at their own risk.
12. FIRE PRECAUTIONS
a) The Hirer shall take all necessary precautions against the outbreak of fire in or upon his Vessel and the Owner shall observe all statutory and local regulations relative to fire prevention.
b) The Hirer shall not store any form of flammable fuel on a Vessel. This includes the use of pyrotechnics.
c) The Hirer shall not barbecue on the Vessel, on the jetties or elsewhere on the river bank of the River Medway.
d) The Hirer must not smoke on the Vessel at any time.
13. COMPLAINTS
All complaints shall be dealt with in accordance with RMC complaints procedure.
14. REGULATIONS
RMC reserves the right to introduce regulations which relate to the administration and management of the riverside base and to amend such regulations from time to time. Such regulations and any amendments to them shall become effective on being displayed on the RMC website.
15. INTERPRETATION
In this contract for the purposes of interpretation the masculine shall include the feminine and vice versa and the headings shall not form part of this agreement.
16. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed that nothing in this contract shall confer on any third party any right to enforce the benefit of any term of this contract.
17. REGULATIONS
a) No vessel shall be anchored or moored at the riverside base or any other landing station in such a way as to cause any obstruction to RMC or any other user of the River Medway.
b) No vessel, when entering or leaving or manoeuvring by the riverside base, shall be navigated at such speed or in such a manner as to endanger or inconvenience other vessels on the river. Vessels are at all times subject to the speed restrictions (5 knots) and byelaws of the Environment Agency.
c) No persons under the age of 18 years shall drive the vessel.
d) No vessel shall exceed the speed limit of 3 Knots in the Marina.
e) The vessel must be used in a manner consistent with the rules of navigation and shall at all times take into consideration other users of the river.
f) All Hirers must wear suitable non-slip footwear, especially when walking on jetties.
g) All persons under the age of 16 years must be closely supervised by a responsible adult and must also wear buoyancy aids whilst travelling in a hired vessel.
h) The company does not allow the vessel to be piloted whilst under the influence of any substance.
i) Appropriate footwear and clothing to be worn by all members of the party with regard to all weather conditions that may be encountered. The company are unable to provide any footwear or clothing.
j) The Hirer and their party use the pontoons, walkways and other landings on the river entirely at their own risk. Slips and falls are a risk and therefore care must be taken.
k) The vessel will have fuel for the duration of normal operation of the vessel during the hire period.
l) Noise within the riverside base should be kept to a reasonable level so as not to cause any nuisance or annoyance to RMC, to any other users of the riverside location or to any person residing in the vicinity.
m) The toilets are for RMC clients only. Please report any misuse of the facilities to RMC management.
18. COMPLAINTS
We take pride in providing high quality, good value and professional services but should you have cause to complain we want to know.
Please send your concern to the Company via our contact form or via admin@river-medway-canoes.co.uk by email. By approaching the Company in this way, your concerns will be dealt with efficiently and every effort made to resolve your complaint.
You will be provided with a written reply to email or written complaints within 10 working days of receipt. This applies to telephone complaints that cannot be resolved at the time. If it is not possible to respond in full within 10 working days, you will be provided with a written reply explaining why and be given an indication of when the response will be ready.
