Terms

Terms and conditions of Boat hire

Definitions:

‘Company’: Cork Harbour Boat Hire trading name of Marshall Marine Ltd

‘Hirer’: The person identified on the Hire Agreement as the Hirer

‘Hire Period’: The period of hire as identified in the Hire Agreement;

‘Hire Fee’: The Fee identified in the Hire Agreement;

 ‘Vessel’: The craft identified in the Hire Agreement.

1.  Agreement to Hire: A contract of hire comes into being only after a Hire Agreement has been completed and the requested deposit paid by the Hirer. The Hirer shall pay the Hire Fee and a security deposit of 50.00 Euros in advance of the Hire Period. Proof of identity in the form of a Passport, Driving Licence or some other photo ID is required. The Company does not hire boats to anyone under the age of 18.


2.  Delivery: The Company shall ensure the vessel is in full working order, in good condition throughout with full equipment.


3.  Re-delivery: The Hirer shall re-deliver the vessel to the Company at the point of embarkation in as good a condition as delivery was taken, except for fair wear and tear arising from ordinary use. Any work required to return the Vessel to the state it was delivered in will result in the Company retaining the security deposit. The Hirer is responsible for the disposal of any rubbish accumulated during the Hire Period.


4.  Cruising area: The Hirer shall restrict the cruising of the vessel to within the areas outlined by the safety boat.
Maximum Number of Persons, responsibility for children, health of the hirers party:

a) The Hirer shall not at any time during the Hire Period permit more than the maximum number of 5 persons on board the Vessel

b) If children are taken on board, the Hirer shall be fully responsible for their safety conduct and entertainment. The Company shall not be held responsible for their safety.

c) The nature of a power boating may render it unsuitable for a person with a physical disability or condition, or undergoing medical treatment. By signature of this agreement the Hirer warrants the medical fitness of all members of the Hirer’s party.

5. Crew: The Hirer confirms that as the hirer of this craft he/she is assuming the position of Skipper and therefore is responsible for the craft, equipment and all the passengers onboard.  It is the Hirer’s responsibility to ensure that all safety equipment is worn correctly at all times by all persons aboard. The Hirer shall ensure that no member of the crew shall smoke, carry or use any alcohol or illegal drugs on board the Vessel.  The Hirer shall ensure that he/she complies with the byelaws of Cork Harbour Authority during the Hire Period. The Hirer is responsible for the behaviour of those in their charge in relation to other harbour users and wildlife and making sure all behave in a safe and responsible manner at all times.

6.  Use of Vessel: The Company specifically forbids the use of water sports equipment and diving. The Vessel will not be raced, speed tested, beached, or used as a ferry. The Hirer shall ensure that no pets or other animals are brought on board the vessel without consent from the Company. The vessel must not be left unattended. The vessel shall not exceed speeds of 8 knots. The Vessel may only be disembarked at designated landing sites. It is forbidden to feed the wildlife or drop litter overboard.

7. Delay in delivery: The Company will always try to deliver the vessel to the Hirers at the operational area at the scheduled time. If a delay exceeds 1 hour the Hirer shall be at liberty to treat the Hire Agreement as terminated and the Company shall thereupon return all sums paid. In this event the Company shall not be liable to pay to the Hirer any other compensation for any loss or damage of whatsoever nature resulting from the curtailment or cancellation of this Hire Agreement.

8.  Delays in re-delivery: If the Hirer fails to re-deliver the vessel at the time and place agreed he shall be liable to pay a sum equal to twice the Hourly hire fee for every hour or part thereof by which re-delivery is delayed. The Hirers obligations under this agreement shall continue until eventual re-delivery.

9.  Cancellation & Failure to arrive for the hire: If the Hirer cancels this agreement on or at any time before commencement of the Hire Period, The Company shall be entitled to treat this agreement as having been Repudiated by the Hirer and to retain the full amount of payment made To the Company. If however, the Company is able to re-let the vessel to another Hirer for the Hire Period, then the Company shall refund to the Hirer such net balance as shall remain from the re-letting fee minus a 20.00 Euros administration charge. If the cancellation is by the Company for reasons beyond their control such as breakdown or damage to the boat, severe weather or flooding all hire money paid will be refunded but no liability will be accepted for any other expenses or consequential damage or loss, howsoever incurred by the Hirer. The Company reserves the right to terminate any booking at any time where a serious accident or damage has occurred or in the Company’s opinion is likely to occur because of the unsuitability or misbehaviour of the Hirer. In such cases the Company shall not be liable to make a refund.

10.  Breakdown or disablement: If after delivery the vessel at any time is disabled by breakdown of machinery preventing reasonable use of the vessel by the Hirer and the disablement has not been brought about by any act or default of the Hirer, the Company shall make a pro-rata return of the Hire Fee from the time when the vessel became unfit for use. For the avoidance of doubt the grounding of the vessel by the Hirer is considered “an act or default of the Hirer”. The Hirer must have a charged; working mobile phone onboard which can be used to contact the Company is case of emergency.

11.  Insurance: The Company shall insure the vessel against all customary risks for a vessel of her size and type. The Hirer shall be responsible for carrying insurance for all personal effects whilst on board or ashore and for medical or accident expenses incurred. No liability whatsoever shall be taken by the Company for any personal effects, property or equipment. Cancellation and curtailment insurance is not included in this agreement. The Company will not be responsible for any death or personal injury unless it results from proven negligence by them. No liability is accepted for any Hirer whist on Cork Harbour land including pontoons and steps.

12.  Hirer’s Liability: Under normal circumstances the Hirer shall only be liable for such costs or losses as may be incurred repairing damage caused by the Hirer or his guests (intentionally or otherwise) to the vessel or any third party. In such case the security deposit will not be refunded. The Hirer is responsible for the boat during the Hire Period and must report to the Company full details of any accident, injury or damage as soon as possible after its occurrence and to assist the Company in completing the necessary report to the Harbour Authority. Under no circumstances should the Hirer attempt to undertake any repairs to the Vessel.

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