www.staticboatholidays.com (our site) is a website owned and operated by Static Boat Holidays Limited (we/us/our/Static Boat Holidays), a private company registered in England and Wales with company number 8254126 and whose registered office is situated at 22 Trenant Road, East looe, Cornwall, PL13 1EP.
These terms and conditions constitute the legal agreement between us and you when either booking holidays through our site or advertising your boat for holiday lets. If you are a boat owner and wish to appoint us as your agent then please read the Boat Owners section if you are a holiday maker and wish to book a holiday let through this site then please refer to the Holiday Makers section.
You can print a copy of these Terms & Conditions or save them to your computer for future reference. We may change these Terms & Conditions from time to time without notice to you. Changes will apply to subsequent orders received. Every time you wish to order services from our site please check these Terms & Conditions to ensure you understand the terms which will apply at that time.
If you experience problems with our site when trying to access the services then please contact us on email@example.com. or ring 07814444981
In this boat owners section the following words shall have the following meanings:
- ‘Boat Owner’ is the person who has full legal and beneficial title to the boat and is capable of entering into this agreement;
- ‘Boat’ is the boat the Boat Owner wishes to let out via the site;
- ‘Holiday Maker’ means a member of the public who wishes to hire the Boat for a period of time as set out in the Booking Form;
- ‘Booking Form’ means the form completed by the Holiday Maker when offering to hire the Boat from the site.
- ‘Hire Fee’ the fees payable by the Holiday Maker for the Boat as dictated by the Boat Owner from time to time;
- ‘hire period’ means the period of hire from 5pm on the commencement date to 11am on the termination date as communicated by Static Boat Holidays to the Boat Owner, and agreed by the Boat Owner in accordance with these terms, on the booking form from time to time;
- ‘Commission’ means the commission payable to Static Boat Holidays from the Hire Fee as communicated by Static Boat Holidays to the Boat Owner, minus 12%.
The Boat Owner appoints Static Boat Holidays as its exclusive agent for the purpose of advertising of his/her Boat on the Site and any other letting Sites.
- Static Boat Holidays shall, as agent for the Boat Owner, advertise the Boat on the Site and any other letting Sites as available for holiday letting by the public.
- Static Boat Holidays shall be permitted to accept orders on behalf of the Boat Owner subject to confirming to the Boat Owner the dates on which a customer wishes to hire the Boat, the Boat Owner confirming such dates with Static Boat Holidays and the terms of hire being on the basis of the terms and conditions set out in the Holiday Makers section of this site.
- Static Boat Holidays shall be permitted to advertise the Boat on the site from the date that the Boat Owner accepts these conditions until such time as the Boat Owner or Static Boat Holidays terminates this agreement in accordance with its terms.
- Static Boat Holidays shall be under no obligation to advertise the Boat on the site nor to accept any bookings by Holiday Makers through the site. Further, Static Boat Holidays shall have no obligation to maintain and make available the site to the public.
The Boat Owner warrants that they are the legal and beneficial owner of the Boat and have full authority to enter into this agreement. The Boat Owner shall indemnify in full and on demand Static Boat Holidays from and against all and any losses, costs and expenses suffered or incurred by Static Boat Holidays arising out of, or in connection with, any breach by the Boat Owner of this clause 7.
On receipt of an order from a Holiday Maker, Static Boat Holidays shall:
- Send full details of the holiday request to the Boat Owner in order that the Boat Owner can confirm their acceptance of the booking and authorise Static Boat Holidays to accept the order from the Holiday Maker;
- Take payment from the Holiday Maker and account to the Boat Owner for the same on completion of the hire period by the Holiday Maker;
During the period the Boat Owner advertises the Boat on the site and during any hire period by a Holiday Maker, the Boat owner agrees to:
- Keep the Boat fully insured for its full replacement value in the event of damage, destruction, fire, flooding, acts of god (including damage from weather conditions), or other matter that it would be reasonable to insure against;
- Maintain insurance for public liability, including but not limited to personal injury and property damage for third parties (including but not limited to the Holiday Maker);
- Prepare an inventory of the assets of the Boat and be responsible for ensuring that the Holiday Maker has returned the Boat with such assets to you at the end of each let period and that there has been no damaged caused.
The Boat Owner:
- Meet the Holiday Maker no later than 5pm on the date of commencement of the hire period and provide the Holiday Maker with full safety instructions on the use of the Boat;
- Ensure that the Boat is clean and ready for letting during the hire period;
- Be responsible for cleaning the Boat on termination of the hire period;
- The Boat Owner shall be permitted to upload images and text about the Boat to the site. The Boat Owner warrants that:
- They are the legal owner of all intellectual property rights (including copyright, images rights and moral rights) in such materials and have the full right to post them on the site;
- They grant to Static Boat Holidays a non-exclusive licence, royalty free and in perpetuity to post such material on the site at its discretion until such time as the Boat Owner terminates this agreement in accordance with its terms.
Static Boat Holidays shall be responsible for collecting the Hire Fee payable by the Holiday Maker. Static Boat Holidays shall collect 20% of the Hire Fee on booking and the balance on or before 6 weeks of the commencement date. In the event that the Holiday Maker does not pay the balance to Static Boat Holidays then Static Boat Holidays shall cancel the booking and confirm such cancellation to the Boat Owner. If the Holiday Maker requests a Hire Period commencing no later than 6 weeks of the date of booking, Static Boat Holidays shall collect the full fee.
Static Boat Holidays shall account to the Boat Owner for the Hire Fee less the Commission on termination of the Hire Period. Static Boat Holidays shall account to the Boat Owner by telegraphic transfer to the account details communicated by the Boat Owner to Static Boat Holidays from time to time.
The Boat Owner acknowledges that the liability of Static Boat Holidays shall be limited to payment of sums in accordance with clause 12 and the Boat Owner shall hold harmless Static Boat Holidays from any damage or loss to the Boat or Boat Owner caused by the Holiday Maker or any third party.
Static Boat Holidays may terminate this agreement at any time in its absolute discretion.
The Boat Owner may terminate this agreement by giving notice to Static Boat Holidays subject to the Boat Owner agreeing to make available the Boat for any bookings received prior to their termination.
The Boat Owner acknowledges that in the event of a booking it shall not be permitted to cancel the booking unless on the grounds that the Holiday Maker is in breach of their terms and conditions. In the unlikely event of the boat owner cancelling, they will be liable for a £50 fine in the first instance and a fine of £150 in the second instance, and removed from our books if they cancel on a third occasion, Static Boat Holidays takes the cancellation by boat owners very seriously.
On termination of this agreement Static Boat Holidays shall remove any material posted to the site by the Boat Owner.
Static Boat Holidays shall not give any warranty for or on behalf of the Boat Owner or pledge the credit of the Boat Owner. Static Boat Holidays is an independent contractor and nothing in this agreement shall constitute the creation , establishment or relationship of partnership, joint venture, employer or employee between the parties.
Neither party shall have any liability under or be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from circumstances beyond the reasonable control of that party. The party affected by such circumstances shall promptly notify the other party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
Static Boat Holidays shall be permitted to update these terms from time to time and they shall be effective on notice to the Boat Owner by Static Boat Holidays. If the Boat Owner does not agree with the revised terms they shall give notice to Static Boat Holidays and Static Boat Holidays shall be permitted to either terminate the agreement or agree revised terms with the Boat Owner.
This agreement is personal to the parties and neither shall be permitted to assign, delegate, sub-contract, charge or otherwise transfer any or all of its rights and obligations under this agreement without the prior written consent of the other party.
This agreement represents the whole agreement between the parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them.
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
The validity, construction and performance of this agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which the parties submit.
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
Holiday agreement policy
Holiday Agreement Policy
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which the services are sold to you.
We are an agent of the person(s) who has legal and beneficial ownership of the Boat (Boat Owner) and these Terms will apply to any contract between you and the Boat Owner (Contract). Throughout these Terms we refer to the ‘Product’ meaning the hire of the Boat through the site. The ‘Boat’ means the boat that you have requested to hire on the booking form.
Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
Please click on the button marked “I Accept” at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1. INFORMATION ABOUT US
1.1 We operate the website www.staticboatholidays.co.uk. We are Static Boat Holidays Limited, a company registered in England and Wales under company number 8254126 and with our registered office at 22 Trenant road, East Looe, Cornwall, PL13 1EP. This is also our main trading address.
1.2 To contact us, please see our Contact Us page firstname.lastname@example.org
1.3 We act as agent for the Boat Owner.
2. THE BOAT
2.1 The images of the Boat on our site are uploaded by the Boat Owner and are for illustrative purposes only. We cannot guarantee that the Boat will be in the same condition and look as it does from your monitor.
2.2 All bookings available through our site are subject to availability. We do our best to ensure that the Boat is not advertised for periods that it is unavailable however we will do our best to keep this fully updated. We will only be able to confirm your booking in accordance with these Terms.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. ABOUT YOU
5.1 By making bookings via our site you acknowledge that you are a consumer and making private bookings, not for commercial purposes. You agree to be the lead person of the group you are booking for in the event of more than one person. You agree to contract with the Boat Owner on behalf of all of the group and acknowledge that you have the consent and authority of your group to enter into this agreement. You warrant that you are at least 21 years old and capable of entering into contracts in the United Kingdom.
5.2 As a consumer, you have legal rights in relation to your obligations under this agreement. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 Our booking process allows you to check and amend any errors before submitting your booking to us. Please take the time to read and check your order at each page of the booking process.
6.2 After you place a request for a booking, you will receive an e-mail from us acknowledging that we have received your booking form. (check your spam mail if you have not received notification of your request). However, please note that this does not mean that your booking has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Boat Owner accepts the booking (Booking Confirmation). The Contract between you and the Boat Owner will be effective from the date we send to you the Booking Confirmation. The Booking Confirmation will confirm the days that you are to hire the Boat (Hire Period), the price payable by you (Hire Price), the number of guests in your party and any other arrangements that you have requested as part of the Booking Confirmation. Please note that the Booking Confirmation is final and binding and no further terms are deemed to be accepted if not included on the Booking Confirmation.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time in the following circumstances:
changes in how we accept payment from you; and
changes in relevant laws and regulatory requirements.
7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
8. YOUR CONSUMER RIGHT OF REFUND
8.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to book the services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.2 This right of cancellation does not exist where the Hire Period is due to commence within 10 days of the Booking Confirmation.
8.3 Your legal right to cancel a Contract starts from the date of the Booking Confirmation, which is when the Contract between you and the Boat Owner is formed, and shall terminate after 10 working days from this date.
8.4 To cancel a Contract, you must contact us in writing by sending an e-mail to email@example.com or by sending a letter to our main trading. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
8.5 You will lose the deposit paid for the booking if it is up to 6 weeks of commencement, but 50% of your payment if the holiday is cancelled within 6 weeks of the commencement date. But we will re advertise your week, and if we manage to rebook that week we will refund you 75%of your booking costs . We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 8.4.
8.6 We refund you on the credit card or debit card used by you to pay.
9.1 Your hire of the Boat is strictly subject to the Hire Rules.
9.2 Your Booking will commence from 5pm on the start date, as set out in the Booking Confirmation, until 11am on the end date, as set out in the Booking Confirmation.
9.3 Some boat owners may request a £100 surety when booking the holiday and subject to no damage being reported, will be returned this money within three working days of your holiday completion.
9.4 On arrival the Boat Owner will provide you with a set of health and safety instructions. If the Boat Owner, acting in his/her absolute discretion feel that you are not competent they shall be entitled to refuse you entry to the Boat. In this event the fees you have paid shall be returned to you as soon as reasonable practicable by Static Boat Holidays less a reasonable administration charge. Static Boat Holidays shall not, nor shall the Boat Owner, be liable to you for any further losses, including but not limited to alternative accommodation, in the event of cancellation by the Boat Owner.
10. PRICE AND PAYMENT
10.1 The price for hire of the Boat shall be as stated on the site and confirmed to you in the Booking Confirmation. We shall take payment of a minimum of 20% of the total price payable on receipt of the booking details. The balance shall become due and payable no later than 6 weeks prior to the commencement of the Hire Period. In the event that a booking is made within 6 weeks of the commencement of the Hire Period then the full amount shall be paid. If you fail to pay the balance of the sums due before 6 weeks of the Hire Period then we shall cancel your booking and retain any fees paid.
10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Booking Confirmation.
10.3 The price of a booking includes VAT.
11. OUR LIABILITY IF YOU ARE A CONSUMER
11.1 If we fail to comply with these Terms, or the Boat Owner fails to comply with them we are responsible for loss or damage you suffer that is a result of our breach of these Terms or our negligence, being the funds paid for the Boat hire. We shall not be responsible for consequential losses, such as alternative accommodation.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock gate failures, lock-outs, boat sinking, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3 If an Event Outside Our Control takes place that affects the performance of a Contract we will contact you as soon as reasonably possible to notify you.
13. COMMUNICATIONS BETWEEN US
13.1 When we refer, in these Terms, to “in writing”, this will refer to e-mail.
13.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your booking.
14. OTHER IMPORTANT TERMS
14.1 Neither party may transfer their rights and obligations under this agreement.
14.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.4 If we, or the Boat Owner, fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.5 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
You are responsible for all damage to the Boat during the holiday let and any missing items supplied by the Boat Owner at commencement of the Hire Period;
All members of the hire party are jointly and severally liable for any costs;
Party numbers must be approved in advance and shall not consist of single sex parties of more than 2; unless the boat owner having considered the booking agrees that this is not an issue.
At least two able bodied members of the hire party must be over 21 years old and will supervise any under 18’s at all times;
It is the responsibility of the hire party to obtain their own holiday insurance;
The hire party shall vacate the Boat by 11am on the end date of the Hire Period;
The Boat shall not be moved from its moored location at any time;
None of the hire party are permitted to take onto the Boat: dinghies, canoes, inflatables, portable heaters, bicycles, vehicles, lighting equipment, tv sets, electrical appliances, inflammable liquids or substances, gas cylinders, barbeques, car batteries, fire arms or any other items that may be hazardous or as otherwise communicated to you by the Boat Owner;
Not to allow any person not in the hire party to board the Boat;
In the event of an accident contact the Boat Owner immediately and not to admit liability to any third parties.
Web Terms and conditions
The term Static Boat Holidays Ltd’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user(s) or viewer(s) of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
We monitor this data in order to be able to adapt and improve the site and its content according to our users’ needs. No personally identifiable information is recorded via these cookies – all statistical data we track is completely anonymous. We are grateful to people who accept cookies onto their computer as they are part of allowing the website to provide a better experience.
Static Boat Holidays Limited (“We”) are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Static Boat Holidays Limited of 22 Trenant Road, East Looe, Cornwall, PL13 1EP.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
- Information that you provide by filling in forms on our site www.staticboatholidays.co.uk (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
WHERE WE STORE YOUR PERSONAL DATA
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the booking form).
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Static Boat Holidays Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org. Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.