TERMS AND CONDITIONS OF CARRIAGE FOR PASSENGERS AND PROPERTY – GO BOAT TRIPS
This ticket, issued by or on behalf of GO BOAT TRIPS (hereinafter referred to as “the Carrier”) and accepted by the Passenger (the term “Passenger” shall encompass all individuals, including infants, whether named on the ticket or not, and unborn children travelling under this Ticket, all of whom shall be considered parties to this agreement), is subject to the following terms and conditions:
CONDITIONS OF CARRIAGE
All carriage provided by the Carrier is exclusively governed by these Conditions of Carriage.
APPLICATION OF THE ATHENS CONVENTION
Passengers are hereby informed that the provisions of the Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (hereinafter referred to as “the Athens Convention”), are applicable to this carriage.
The Athens Convention, in most circumstances, limits the Carrier’s liability for death or personal injury, as well as for loss of or damage to luggage (including vehicles), and includes specific provisions concerning valuable items.
Under the Athens Convention, it is presumed that luggage has been delivered without damage unless the Carrier receives notification: (i) in the case of apparent damage, prior to or at the time of disembarkation or redelivery; or (ii) in the case of non-apparent damage or loss, within fifteen (15) days from the date of disembarkation or redelivery, or from the date when such redelivery should have occurred.
The terms of the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 are hereby incorporated into and form an integral part of these terms and conditions. For the purposes of Articles 7, 8, and 9 of the Athens Convention, the official sterling value of the amounts by reference to which liability is limited shall be:
A. Such amounts as are specified in or determined in accordance with any order from time to time in force made by the Secretary of State by statutory instrument for the purposes of paragraph 5 of Part II of Schedule 3 to the Merchant Shipping Act 1979, or, in the absence of such an order;
B. Such amounts as are applicable in accordance with the Protocol to the Athens Convention signed at London on November 19, 1976.
LIABILITY IN OTHER CIRCUMSTANCES
In the event of any inconsistency between these terms and conditions and the provisions of the Athens Convention, the terms of the Athens Convention shall prevail.
Except as may be required by the Athens Convention or other applicable law, the Carrier shall not be liable for any death, wounding, or bodily injury other than such arising directly from the negligence of the Carrier, its servants, and agents, occurring out of or in connection with the carriage. The Passenger hereby agrees, on behalf of themselves, their personal representatives, and dependants, to waive all rights of claim against the Carrier and releases the Carrier, its servants, and agents from any such claim.
Where a single ticket is issued in respect of multiple passengers, the individual to whom the ticket is issued enters into this contract with the Carrier as an agent acting for all passengers named on the Ticket, with the intention that all such passengers shall be bound by these terms and conditions. The person to whom the Ticket is issued warrants that they possess the authority to enter into this contract on behalf of all such passengers and to bind them accordingly.
The Carrier accepts no liability for any loss suffered by the passenger concerning any loss of or damage to the passenger’s property while in the vicinity of the vessel. For the purposes of these terms and conditions, “Property” shall include baggage, money, valuables, motor or pedal cycles, and any other property whatsoever belonging to the Passenger.
While the Carrier will make every reasonable effort to prevent or minimize any delay or inconvenience, the Carrier shall not be liable for any delay or inconvenience or for any loss resulting therefrom suffered by any Passenger, regardless of whether such delay, inconvenience, or resulting loss, expense, or damage arises from the negligence or fault of the Carrier, its servants, agents, or independent contractors, whether occurring on land or at sea.
Any exclusion or limitation of liability of the Carrier shall extend to and be for the benefit of the agents, servants, and representatives of the Carrier, as well as any person whose Vessel is used by the Carrier for carriage, and their respective agents, servants, and representatives.
VARIATION IN RESPECT OF SAILINGS
The Carrier will make all reasonable endeavours to undertake the advertised and any other agreed and offered sailings. However, no sailings are guaranteed and may be altered, delayed, amended, or cancelled due to circumstances. If the performance of the proposed voyage is hindered or prevented (or, in the opinion of the Carrier, is likely to be hindered or prevented) by war, hostilities, blockade, weather conditions, ice, labour disputes, vessel breakdown, congestion, docking difficulties, or any other cause whatsoever, or if the Carrier deems that proceeding to, attempting to enter, entering, or remaining at the place of disembarkation may expose the vessel to risk of loss or damage or is likely to cause delay, the Passenger and their property may be landed at the place of embarkation or at any other place that the Carrier or the Master may reasonably decide. At such point, the Carrier’s responsibility shall cease, and this contract shall be considered fully performed. Alternatively, if the Passenger has not embarked, the Carrier may cancel the proposed voyage and shall refund any fares paid in advance, but this is solely at the Carrier’s discretion and typically applies only to delays exceeding one hour from the proposed sailing time.
The Carrier shall have the liberty to comply with any orders, recommendations, or directions whatsoever given by the Government or by any department thereof, or by any persons acting or purporting to act with governmental authority, or by any committee or person authorized under the terms of the vessel’s War Risks Insurance to give such orders, recommendations, or directions. Any action taken or omitted in compliance with such orders or recommendations shall not be deemed a deviation or a breach of this contract. Disembarkation of a Passenger or discharge of their property in accordance with any such orders, recommendations, or directions shall constitute due and proper fulfilment of the Carrier’s obligations under this contract.
DISCRETION AS TO CARRIAGE
The Carrier reserves the right, where reasonable, to refuse to allow any Passenger to embark and may cancel the contract with such Passenger at any time before sailing. In such cases, the passage money paid for that Passenger will be returned, and the Passenger shall have no further claim whatsoever against the Carrier regarding such refusal or cancellation. If a return passage is cancelled after the first part of the double voyage has been completed, the passage money to be refunded shall be the difference between the single and return fare for that Passenger.
Under no circumstances shall any Passenger bring any alcohol, drugs, illegal substances, or dangerous goods aboard the Vessel.
The Carrier does not accept unaccompanied children under the age of sixteen for travel. All children travelling with parents or other adults remain the responsibility of their accompanying parents or other adults, who should take steps to supervise the children in their charge and ensure that their behaviour does not endanger their own safety or the safety of other Passengers.
DAMAGE CAUSED BY PASSENGERS
The Passenger shall be liable to reimburse the Carrier for all damage to the vessel and its furnishings and equipment, or any property of the Carrier, caused directly or indirectly, wholly or partially, by any wilful or negligent act or omission on the part of the Passenger. Furthermore, the Passenger shall indemnify and hold harmless the Carrier and each and all of its agents and servants against all liability whatsoever that the Carrier or such agents or servants may incur towards any person, company, or Government for any personal injury or death, loss of or damage to property caused directly or indirectly, wholly or partially, by any wilful or negligent act or omission on the part of the Passenger.
CANCELLATION BY GO BOAT TRIPS
While the Carrier will make all reasonably possible efforts to ensure that sailings operate as advertised, sailings may be cancelled by GO BOAT TRIPS without prior warning or reason. In the event of a cancellation by the Carrier, a full refund will be issued within up to seven (7) days of the cancellation being made.
CANCELLATION BY THE PASSENGER
Where a Passenger needs to cancel any of the Carrier’s trips and services, the cost of the booked trip is non-refundable unless the Passenger cancels (and receives confirmation of the cancellation) with a minimum of seventy-two (72) hours’ notice before the scheduled departure time by email to info@goboattrips.co.uk. The Passenger’s trip is not considered cancelled until the Carrier has replied to confirm the cancellation. In the event that only a deposit has been taken for a booking of a service that is cancelled with less than seventy-two (72) HOURS’ NOTICE, the Passenger agrees that the full amount will still be charged. Where Go Boat Trips deems it possible to cancel bookings based on the above (or applied discretion), cancellations will incur an administration fee of £5.00 for bookings under £75 in value or £10 for bookings of £75 or more, which will be deducted from the refund amount.
AMENDMENT OF BOOKINGS
Where a Passenger wishes to change the time or date of their booking, they agree to provide the Carrier with a minimum of seventy-two (72) hours’ notice prior to the original departure time. Go Boat Trips cannot amend bookings with less than seventy-two (72) hours’ notice.
SAFETY
For the comfort and safety of all passengers, the Carrier requires the Passenger to take note of all safety notices, instructions, and advice made available aboard the Vessel, whether issued verbally by any servant of the Carrier, broadcast over the public address system, or displayed on posters and other signs. The Carrier shall be entitled to any limitation of liability for any accident, injury, or loss where such may be due under any applicable Law or Statute, and where such may be attributable to the Passenger’s disregard of such safety notice, instruction, or advice.
GOVERNING LAW
This contract shall be governed by and construed in accordance with English law, and any disputes arising hereunder shall be determined in the courts of England, to the exclusion (subject to Clause 3 regarding the Athens Convention) of the jurisdiction of any other country.
Booking Terms and Conditions
Any participation on a Go Boat Trips Ltd is undertaken in accordance with these terms and conditions of service and Liability Under The Athens Convention and will constitute acceptance thereof. All our vessels meet strict safety standards and are licensed to Maritime and Coastguard Agencies standards.
1. Tickets
A valid ticket must be purchased prior to boarding the Boat. A ticket is valid for a specified date and time, you have selected and cannot be exchanged, transferred or refunded. You will be unable to board the vessel without showing your QR Code or your email Receipt.
It is the customers responsibility to make sure all information has been entered correctly when purchasing online. You will then automatically receive an email Confirmation/Receipt of your purchase, which will clearly show your selected Trip/Cruise, date, time of departure and departure point. It is Imperative that all your details are correct to ensure Go Boat Trips Ltd can contact you if needed for any reason.
It is the responsibility of the customer to be aware of the purchased tickets, date, time and departure point, if at any time the customer is unsure they can call in at one of the selling outlets or telephone Go Boat Trips Ltd.
If you accidentally make an error on our online site when booking, customers must contact us immediately or within 72 hours prior to the trip via email, at a selling outlet or call our office, so tickets can be considered for alteration.
We recommend customers arrive at least 20 minutes before the departure time, especially during peak season, school holidays and special event days. Please allow plenty of time for travel and parking (parking can be quite a distance from the departure point), as all cruises depart promptly and are non-refundable. We will not take responsibility for delayed arrival or non-attendance by you, caused by arriving at the incorrect location, bad weather, traffic conditions or any other factors that delay your arrival.
2. Vouchers
Vouchers are strictly non-refundable once purchased and have no physical cash value so cannot be exchanged or refunded by the recipient. Vouchers can be redeemed against any of our public trips/cruises.
Although our vouchers are valid for 2 years from date of purchase, please be aware that most of our services are seasonal and only operate from April to October. Expiry dates are fixed and cannot be extended due to the unavailability of specific trips during the voucher period.
3. Age
Children are welcome on all Go Boat Trips Ltd excursions, (exceptions are:- no under 18’s are permitted on any adult only trips). Any passenger under the age of 16 must be accompanied by an adult.
Parents/Guardians/Carers must always keep their children(s)/dependant(s) under their strict supervision and make sure that their behaviour does not endanger their own safety or the safety of other Passengers and staff.
Children should not be left running around in or outside the vessel. If the unsafe behaviour continues after being asked to stop, the skipper has the right to terminate the trip and return to shore at any time, In such circumstances no refund will be payable.
Large groups of children/youths (below 16yrs) require adult supervision with a ratio of at least 2–10.
4. Safety & Behaviour
For the comfort and safety of all onboard, passengers should take note of all safety notices, instructions and advice made available on the Vessel, whether issued verbally, broadcasted over the tannoy system or on posters and other signs.
In the event of any passenger acting in a manner which disrupts or is likely to interfere with the safety of the trip or other passengers‘ enjoyment, Go Boat Trips Ltd reserves the right to refuse admittance to their boat or to ask the passenger to leave the trip, In such circumstances no refund will be payable.
The skipper has a responsibility to ensure the safety of the vessel and all passengers and crew under the maritime regulations and Athens Convention, The skipper has the right to terminate a trip and return to shore at any time, if our staff consider that to continue would be hazardous to themselves or members of the public. In such circumstances no refund will be payable and the Police and other emergency services will be contacted to meet the vessel.
Under no circumstances shall any Passenger bring any alcohol, drugs, illegal substances or dangerous goods aboard the Vessel. If staff suspect that individuals are under the influence of excessive alcohol or any drugs, we reserve the right to refuse boarding.
Go Boat Trips Ltd, reserves the right to implement any restrictions/conditions deemed necessary before and during the trip to ensure the safety of staff and public.
5. Unforeseen Circumstances
Go Boat Trips Ltd reserves the right to close, temporarily withdraw or alter any of the trips without prior notice due to inclement weather, technical, capacity or operational reasons. Should your specific booked trip be cancelled by us, we will endeavour to offer an alternative time. If this is not possible a full refund will be given via the booking payment method.
6. Private Charters
At the discretion of Go Boat Trips Ltd, Private Charters require payment of 50% of the charter cost as a deposit to secure the booking. This deposit is non-refundable except in circumstances as listed above in section 5. The remainder of the balance must be paid within 7 days prior to departure date by BACS payment supplied on the booking form. Should payment not be made, Go Boat Trips Ltd reserves the right to terminate the booking and recover from you any additional costs incurred by this.
All other terms and conditions apply, and Go Boat Trips Ltd will not offer any refund if a Private Charter fails to arrive on time for a time specific booking and the conditions do not permit a delayed start. We will endeavour to try and re–schedule the trip if possible but we are restricted to tidal conditions and this is not always possible. No refund will be paid if a Private Charter cancels their trip (due to factors caused by you) within 7 days of the time specific booked trip. Any outstanding balance must be paid to cover loss of income incurred by non-attendance.
7. Liability
Go Boat Trips Ltd accepts no liability for any loss, damage, cost or expense or any consequential or indirect loss or damage of any kind. All personal belongings/luggage must be always kept with passengers and Go Boat Trips Ltd will not be liable for any loss, damage, cost or any consequential or indirect loss or damage of any kind to passenger’s belongings or luggage whilst onboard.
The Passenger shall be liable to reimburse Go Boat Trips Ltd, for all damage to the Vessel and its furnishings and equipment or any property of Go Boat Trips Ltd caused directly or indirectly by any wilful or negligent act or omission on the part of the Passenger. The Passenger shall further pay Go Boat Trips Ltd against any cost whatsoever which Go Boat Trips Ltd may incur towards any person or company or Government for any personal injury or death, loss or damage to property caused directly or indirectly by any wilful or negligent act or omission on the part of the Passenger.
For particular hires you may be charged a deposit of £300, this will be returned within 7 days after the trip.
8. Bad Weather
Go Boat Trips Ltd often still runs if the weather is rainy, cloudy or otherwise inclement. Occasionally very high winds mainly Easterly winds may call for a shorter journey or cancellation. If Go Boat Trips Ltd has to cancel atrip completely you will be offered the choice to move your booking to another day or receive a full refund if payment has been made. If you choose not to take the trip because of the weather and boats are running a normal service, you will forfeit your ticket and will not be entitled to a refund. When trips are cancelled you will be contacted directly by Go Boat Trips Ltd by text, with as much advance as possible, however, conditions do alter quickly on the water, so decisions may be altered at the last moment.
9. Additional Information, Liability & Advice
If an unforeseen fault with our sound system onboard should occur during a cruise and the informative commentary cannot be carried out to our normal high quality. We will always endeavour to get this rectified as soon as possible. As this does not affect the main objective of our scenic cruise(s), no monetary claims can be requested or provided.
During ‘all’ Trips our vessels remain under the complete control and responsibility of the Skipper and/or crew. If for weather, tidal or any other reason the Skipper considers it necessary to vary the schedule, direction or terminate the trip, this decision is final and to be adhered to by all passengers and organisers. Go Boat Trips Ltd will not be liable or compensate for any delay to any trips departure and any trip being cut short due to any unforeseen circumstances that are out of our control.
Our larger cruising vessels with onboard licensed bars, operate ‘Challenge 25’ and therefore if you are lucky enough to look under 25, please note you will be asked to show Photo ID, Passport or Driver’s License.
Any misconduct such as: use of drugs, violence, anti-social behaviour towards other customers/guests or staff, including anyone illegally jumping overboard, will result in the person(s) responsible being removed from the vessel at the nearest available dock or the trip being immediately cancelled if classed as a risk to the safety of other passengers onboard. The Skipper’s decision is final and where necessary, the appropriate Local Police
Authorities or Emergency Services will be called, to support the skipper under the Maritime and Coastguard Agency Legislations and Regulations, whereby the appropriate action will be taken. We will always try to continue the cruise for the remaining customers but if not possible due to staff distress or vessel damage, no reduced cruise time/or monies can be claimed for any situation out of our control.
Go Boat Trips Ltd reserves the right to substitute another vessel and if necessary, for reasons beyond their control to cancel any booking but will not be liable for any expenses incurred as a result of such substitution or cancellation.
Go Boat Trips Ltd endeavour’s to run a reliable service; however, at times this is not possible due to circumstances beyond our control such as severe weather conditions or mechanical interruptions. In this case Go Boat Trips Ltd will do their utmost to offer another trip where possible.
When facilities have been blocked or broken, Go Boat Trips Ltd staff will make every effort to fix the issue whilst sailing, however if the issue cannot be rectified the vessel may have to be taken back to port.
Please note we require a small minimum number to warrant some of our public cruises, fishing trips and events to proceed. This may affect your online booking during the quieter months, but we will always try our utmost to get you out on the water and enjoy your trip. If a cruise/event was affected, you will receive prior notice as soon as possible.
Appropriate clothing and shoes should be considered for trips on vessels, floors can be slightly wet and weather conditions are always changing.
By placing a booking, you automatically agree that you have read and understand our company terms & conditions.