Terms and Conditions – PLEASE READ

TERMS OF BOOKING

Please read these conditions carefully. They are all part of the booking agreement and describe the rights and duties of both you and the Company.

1. DEFINITIONS

In these conditions and the Agreement the following words have the following meanings:- “Booking” means the legally binding agreement between You and the Company which is evidenced by your Booking request and the Booking Confirmation and is made on the basis of these Conditions. “Booking Confirmation” means the written confirmation issued to You by the Company confirming the key particulars of the booking. “Booking Period” means the period that You have booked for, as stated in the Booking Confirmation. “Company” means Lady Teal Ltd of 11 Taskers Field, Caxton, Cambs, CB23 3PA. “Conditions” means these Booking Conditions “End Date” means the end date in the Booking Confirmation. “Price” means the price in the Booking Confirmation. “Start Date” means the start date in the Booking Confirmation. “You” means the person or persons named in the Booking Confirmation. If there is more than one of You each of You shall be individually responsible for complying with the terms of the Booking. “written” means that the item has been printed, typed, written out by hand or sent or displayed by email or other electronic means.

2. Our Responsibility

a) We promise to make sure that the cruise arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. b) Regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you. c) The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice.

3. Booking Responsibility

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:- a) He/she has read these terms and conditions and has the authority to and does agree to be bound by them; b) He/she consents to our use of information in accordance with our Data Protection Policy (see clause 4 below); c) He/she is over 18 years of age and all members of the party will be over 16 years of age at the start of their cruise.

4. Data Protection Act 1998

Information provided by you to us in connection with your holiday will be held by Lady Teal Ltd in accordance with the Data Protection Act 1998. It will be used for reservations, bookings, ticket issue, compilation and circulation of passenger lists, marketing of other programmes and promotional offers, by post, telephone or e-mail. You may have a copy of the personal information held about you by contacting us in writing at any time. If you wish to be deleted from our database, please inform us and you will be deleted immediately. Our full data protection policy is available on request.

5. Cancellations and changes Requested by You

The Booking is a legally binding contract and may only be cancelled or changed in accordance with these Conditions. a) If You want to cancel or change Your Booking you must give the Company written notice. The date of receipt of the written notice shall be the effective cancellation date but in order to increase the prospects of re-letting the cabin/s You should pre-advise the Company of the impending cancellation or change by telephone. b) The Company shall make the following charges for cancellation, depending on the date on which the cancellation notice is received, which shall be pro-rated where the cancellation is partial:

c) Credit card charges are non-refundable whatever the date of cancellation. d) If the Company re-lets the cabin/s to a new customer for the Booking Period or part of it the Company will return the cancellation charge which You have paid in respect of any days for which it has re-let the boat after deducting an administration fee of £50 in total together with any credit card charges which the Company has incurred. e) No refunds will be given in the event of interruption or cancellation of the cruise by the Passenger after the start of travel, nor for unused portions of the cruise, nor for any unused sightseeing tours or meals. The Company will not accept any liability for any claims that are not received within 30 days of the termination of the cruise week.

6. Behaviour

a) If in our opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to the cruise, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your cruise immediately. We will have no further obligations to you and/or your party. No refunds for lost services will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly prior to departure from the service in question. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

7. RESERVATION OF RIGHTS

The Company reserves the right to: a) increase cruise prices to cover increases in costs or the effects of exchange rate movements, incurred after the publication of the Price List, but not after acceptance of a booking unless due to a statutory increase of some kind, such as, but not limited to, VaT ; b) amend pricing that has been printed. Although we make every effort to ensure the accuracy of prices at the time of printing, regrettably, errors do occasionally occur. You must therefore ensure you check the price and all other details of your chosen arrangements with us at the time of booking. Should we become aware of the need to revise information or prices , we may do so by informing you before we accept your booking. In this case the revised information or prices will be considered to form part of our contract with you as if they had originally been printed. c) cancel any itinerary in whole or in part; d) make such alteration to any itinerary as it reasonably deems necessary or desirable; e) refuse to accept or retain as a member of a tour any person at any time. In no circumstances will the Passenger be allowed to embark unless the full cruise fare due has been paid. f) in the event of alteration or cancellation, the Company shall refund any fare paid. g) waterway routes and vessel alterations and substitutions: All routes are subject to change without notice. Some waterways may be subject to occasional closures due to drought, storms, floods, canal or lock repairs or other unforeseen circumstances that result in conditions unsafe for navigation. In the unlikely event of such occurrences, the following conditions shall apply:

1. i. if navigation must be suspended, Passengers will continue to be accommodated on the stationary Vessel and the regular excursions will continue to be made where possible, with cruising to be continued as soon as possible. By way of compensation for any suspension of cruising, additional excursions will be provided by the Vessel’s crew,
2. ii. the Company reserve the right to reverse a cruise route, cruise another waterway or to cancel the remainder of the Cruise.
3. iii. in any decision related to navigation, the judgement of the person in charge of the vessel on any action or inaction is considered final.

8. Timings And Delays

a) Timings are estimates only and cannot be guaranteed. These delays may be caused by but not limited to; unavoidable delays at locks or swing bridges, inability to find a mooring where planned. They may be changed due to regulatory authority requirements, weather conditions, maintenance or technical reasons, and the ability of passengers to check in and board on time. Sometimes delays cannot be avoided but in such situations we will try to ensure your comfort during the course of any delay.

9. Disabilities, Illness and Medical Problems

a) We will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can advise as to the suitability of your chosen arrangements if possible. If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm your booking or, if full details are not given at the time of booking, cancel (imposing applicable cancellation charges) when we become aware of these details. a) We reserve the right to refuse boarding in the event that we reasonably feel that an individual is not fit to travel. We will deem that person unfit to travel if in the 48 hours or less before sailing they have suffered with any medical symptoms suggestive of a viral illness including but not limited to diarrhoea, vomiting, high temperature or other flu-like symptoms.

10. Special Requests

a) If you have any special request, you must advise us in writing at the time of booking. Although we will endeavour to accede to any any reasonable request we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. b) We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests

11. EXCLUSION AND LIMITATION OF LIABILITY

a) The Company shall not be liable to pay any compensation, damages, costs or expenses for any claim arising from any cause beyond the Company’s reasonable control which could not have been mitigated or avoided by the Company including but not limited to:

1. i. Loss of or damage to any person’s property (including the boat);
2. ii. non-fulfilment, interruption or delay to the Booking;
3. iii. breakdowns, mechanical problems, latent defects, damage to the boat;
4. iv. restrictions on cruising, obstructions, repairs, damage or closure of waterways, non availability of routes, navigational works, storms, floods, droughts, ice, shortage of water or other weather or climactic conditions;
5. v. rationing, shortage or non availability of fuel;
6. vi. consequential loss, damage or expense which You incur including the cost of alternative transport, accommodation or other holiday provision.

12. SAFETY AND OTHER RULES

a) When on the boat You are required to comply with our Safety Rules, a copy of which is available on request. b) You are not allowed pets on the boat. c) No smoking is allowed on the boat.

13. LAW AND JURISDICTION

a) This Agreement shall be governed by the law of England and Wales. b) Any dispute arising under this Agreement shall be submitted to the exclusive jurisdiction of the Courts of England and Wales.

14. DISPUTE RESOLUTION

a) The British Marine Federation and the Royal Yachting Association recommend that disputes arising under this form of Agreement which cannot be resolved by negotiation, should, with the written agreement of the Parties, be submitted to mediation or failing that to arbitration under the British Marine Federation’s Dispute Resolution Scheme, which is approved by the Royal Yachting Association. b) Details of the mediation scheme operated by the British Marine Federation are available at www.britishmarine.co.uk/mediation. c) Matters suitable for arbitration shall be submitted to a single Arbitrator in accordance with the British Marine Federation’s Dispute Resolution Scheme. The provisions of the Arbitration Act 1996 shall apply.