Legal

Terms & Conditions

Please note that these are the Terms & Conditions for 2008 holidays, if you are planning to holiday with us in 2009, please refer for the 2009 Terms & Conditions.

Emerald Star/Le Boat operates, for the purposes of its UK and European-mainland boating holidays, through the company, Prestige Boating Holidays Ltd, whose registered office is at 1, Stokes Place,
St. Stephen’s Green, Dublin 2, Ireland (Reg. no. 323416, Ireland).
For the purposes of its Irish boating holidays Emerald Star operates though the company, Emerald Star Limited, whose registered office is at 1, Stokes Place, St. Stephen’s Green, Dublin 2, Ireland (Reg. no. 29035, Ireland).
We have prepared this section for our Customers as a guide of important information designed to make you holiday decision more straightforward. Please take the time to read through this section carefully before you book.
These Booking conditions contain some exclusions and limitations of liability. If any part of the conditions provides to be invalid or unenforceable, the rest of the conditions will remain valid. Our contract with you shall be governed and construed in accordance with the law of Ireland and the parties hereto irrevocably submit to the jurisdiction of the Irish Courts.

1. Booking
Our contract with you will come into force once we have received a completed booking form and/or a 35% deposit. Holidays can be held without payment for 48 hours.

2. Payment of balance
The balance of the hire charge must be paid 10 weeks before the cruise start date. If payment is not received by this time, we reserve the right to cancel your holiday and retain your deposit. Payment for your holiday can be made by credit/debit card, cheque or bank transfer. Please note that a 2% surcharge will be applied to all credit card transactions (capped at 50 per transaction). If you book through a travel agent, all contact with you will be via them. Money which you pay to the travel agent will be held by them on your behalf.

3. Conditions of hire
Hirers must be over 18 years of age.
The minimum number of people required to hire a boat is 2 adults. The number of passengers on board may not exceed the maximum amount of passengers the boat is licensed for. The hirer must conform to the rules of river navigation, and also to the instruction given by the company and the river authorities. The hirer shall restrict his cruising to those waters permitted by the company. The hirer shall not cruise after nightfall, nor engage in towing, sub hiring or lending of the boat.

4. Cancellation - If you cancel or amend your holiday
To cancel your cruise we will require written confirmation from the party leader. The postmark date is the date on which the cancellation becomes effective. Please refer to the table below for our cancellation/amendment terms & conditions.

Cancellation or Amendment Type	More than 56 days	Less than 55 days
Cancel cruise	Loss of deposit	No refund
Change of holiday to a cheaper holiday	Refund of difference less a 50 euro admin fee	50 euro Amendment fee plus no refund of price difference
Change of holiday to a more expensive holiday	50 euro admin fee plus difference in price charged	50 euro admin fee plus difference in price charged
Change of route, direction, date, country, and region	50 euro Amendment fee plus refund of difference or difference in price charged	Major changes not possible*. Plus no refund of price difference or one-way fee

*Note: If changing from a return trip to a one way trip, the one way fee of 100 euros is also applicable.
*Minor changes may be accepted for 50 euros amendment fee, but with no refund of price difference.
Le Boat reserves the right to implement the appropriate cancellation fee. If you have taken out our Travel Insurance and the reason for cancellation is within scope of the insurance, then the deposit or balance of the hire maybe reclaimed from Towergate Chase Parkinson.

5. Cancellation - If we cancel or amend your holiday
Sometimes we may have to make a change to you booking, this would include , but is not limited to, change of cruising area, change of departure date and change of boat to a lesser model. If we have to make a major change to your holiday we will:
a) Offer you a lesser holiday and refund of the difference in price (where available); or
b) Offer you a lesser holiday and a refund of the difference in price (where available); or
c) Cancel your holiday and give you a full refund of all monies paid excluding any insurance
    premiums paid to us.
In addition we will pay compensation if appropriate, but not where the major change has occurred due to an event of Force Majeure or because there were insufficient bookings to operate a particular base.
Force Majeure means unusual and unforseenable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised. Examples of Force Majeure are listed in clause 22.
We strongly recommend you provide us with an emergency contact telephone number in case of any
unexpected changes that need to be made to you holiday at short notice.

6. Insurance
Emerald Star/Le Boat has comprehensively insured the boat and its equipment. The policy covers damage or loss to the boat and its equipment and also no less than 7m euros third-party liability.
This policy extends to cover any incident caused by the Hirer or the Hirer’s crew. This policy is included in the cost of your holiday.
The policy in place has certain reasonable exclusions to cover as a result of certain actions by the Hirer or the Hirer’s crew. These include wilful damages or gross negligence, persons being under the influence of drugs or alcohol or as a result of not obeying the instructions of a member of Emerald Star/Le Boat staff. If the insurer fails to indemnify Emerald Star/Le Boat because of the above then the Hirer is responsible for all costs. Adults will at all times be responsible for the minors in their care.
Emerald Star/Le Boat insurance does not cover the Hirer’s personal belongings. We strongly recommend that you take out our travel insurance - a summary of the insurance that we offer is included in these terms and conditions. If you do not require our travel insurance, we will ask you to sign and complete an insurance indemnity form with your alternative insurance policy details.

7. Damage Waiver
Insurers charge Emerald Star/Le Boat an excess with every incident and also the cost of claims potentially forces up the premiums we pay. To encourage a duty of care from you, the Hirer, and to contribute to covering this costs we ask you to pay either:
Option 1: Refundable Damage Deposit   
On arrival at the base, you leave a refundable damage waiver of 1500 euros, which will only be exercised if the boat or any of its equipment / inventory is returned damaged or lost, as well as costs of any accidental damage or injury to any third parties. This will not be the case if there is evidence of gross neglect, which is excluded from our cover under our insurance policy.
Option 2: Non-Refundable Damage Waiver    
This charge between 79 euros and 162 euros and can be paid on arrival or at the time of booking. With this option you will be fully covered if the boat or any of its equipment / inventory is returned damaged or lost, as well as costs of any accidental damage or injury to any third parties. This will
not be the case if there is evidence of gross neglect, which is excluded from our cover under our insurance policy.These charges do not alter the Hirer’s potential liability outlined in the Insurance paragraph above.

8. Embarkation/Disembarkation and Cruising Route
Boat embarkation time is from 16.00 - 20.00 (short breaks in Ireland is 14.00) on your start day and disembarkation must be by 09.00am on the return day. Available boats will be allocated to clients strictly on a rotational basis from the time a client arrives at the base and presents himself/herself for boarding. Emerald Star/Le Boat shall not be liable for any loss or damages as result of any delay in boarding the boat due to circumstances beyond its reasonable control. A boat briefing and and local cruising brief will be conducted before you depart the base. The Company reserves the right to make changes to the times/and or direction of the cruise. Minor changes will not entitle the Hirer to cancel with a refund or compensation.

9. Prices
The prices quoted in the brochure are based on costs, exchange rates, taxes and levies as known at July 2007. Emerald Star/Le Boat reserves the right to revise prices in the event of any substantial changes.

10. Navigational Restrictions
Our brochure offers a number of cruising suggestions for each region based on our experience and knowledge of the area. At the start of your cruise, you will receive a Waterways Guide and/or detailed cruising notes for your region, clearly stating which waterways are navigable and which are prohibited or restricted. The base team will also advise on any specific routes, which are prohibited or restricted, or procedures falling under the control of the National Inland Waterways Authorities. Our guarantee does not cover cruising in areas that are prohibited or restricted. Please contact the sales team prior to departure if you wish to cruise on any waterways not covered in our brochure.

11. Accidents and Loss of Equipment
If the boat is involved in an accident of any nature, the Hirer must immediately contact the base and complete an accident report form supplied and ask any other party involved to complete the same form. The hirer will not ask for any repairs to be carried out without Emerald Star/Le Boat prior agreement. Should any equipment be lost, stolen or broken, the Hirer must report this on return of the boat.

12. Bicycle Theft Waiver
You can insure your bicycle against theft for a charge of between 10.00 euro for one week and 15.00 euro for two weeks. This can be booked and paid for on arrival at the start base. With this option you will be fully covered if the bicycle is stolen.

13. Technical Assistance
Emerald Star/Le Boat has a breakdown service during normal working hours every day of the week. We will endeavour to attend and repair a breakdown or technical incident as quickly as possible. The Hirer will have no claim against Emerald Star/Le Boat for any failure caused by the hirer including but not limited to grounding, and in such instances the company will reserve the right to recover from the Hirer the expenses incurred in rectifying the matter.

14. Security Deposit
Before departing the base on board your cruiser, you will be required to leave a Security Deposit of 150 euros. This deposit is towards the cost of the following incidentals:
Fuel Charges - (See fuel charges)
Cleaning Fee - (See return of the boat)
Grounding Fee - (Charged if you ground the boat and assistance was required)
Damage to or loss of bicycles. This is in addition to the Non-refundable Damage Waiver or Refundable deposit mentioned in clause 7.

15. Return of the Boat
The boat must be returned by 9.00am on your final day at the correct base. Late returns will incur an abandonment fee of 500 euros. We expect the boat to be returned reasonably clean, i.e. with all bedding stripped, rubbish neatly bagged and all crockery utensils cleaned. If the boat is left in an unsatisfactory condition, a cleaning fee of between 75 euros and 95 euros will apply dependent on the type of boat.

16. Fuel Charges
In France, Belgium, Holland Italy and Germany, Emerald Star/Le Boat charges the amount of hours the engine has been running. At the start of your cruise you will be informed of how much the per-hour charge will be and the current engine hours on your boat will be agreed and recorded with you.
In Ireland, England and Scotland, Emerald Star/Le Boat charges fuel by the litre. At the start of your cruise the boat will be handed to you with a full tank of fuel and you will be informed by the staff member how much your fuel will cost per litre.

17. Your Security - Limitations on our liability
Our liability to you for any loss or damage which you may suffer is limited to three times the price of your holiday. This excludes personal injury resulting from the non-performance or improper performance of the services involved in the holiday, and is subject to the limitation of liability described below. Health and safety standards applicable to the services provided by us under this contract should meet the local standards applicable to your holiday destination.

18. Air Travel Conditions of Carriage
You must comply with the conditions of carriage applied by land, sea and air carriers. The provisions of the Warsaw Convention 1929 (as amended) concerning the carriage of passengers and their luggage by air, and the airlines’ conditions of carriage, may apply to you and your party during your flight and during boarding and disembarkation. These provisions and conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and may make special provisions for valuables. We will supply a copy of the conditions of carriage applicable to your flight, and of the Warsaw Convention, if you request them.

19. Sea and Rail Conditions of Carriage
When you book your travel with a carrier, the conditions of that carrier will apply, some of which limit liability. Clients should note carefully that such conditions include clauses limiting or excluding liability in respect of injury, loss or damage. All members of the party subject to the carrier’s terms and conditions. This brochure is issued on the sole responsibility of Emerald Star/Le Boat. It is not issued on behalf of, and does not commit the carriers mentioned, or any carrier whose services are used in the course of the holiday. Any cancellations by the Hirer may incur charges levied by the carrier for which you will be responsible.

20. Hirer’s Suitability
The Hirers must accept responsibility for the proper conduct of him/herself and any members of their party. Emerald Star/Le Boat cannot be held responsible for under age consumption of alcohol.
We reserve the right in our absolute discretion to terminate without further notice the holiday arrangements of any client who refuses to comply with the instructions or orders of the company staff, its agent or other responsible person and whose behaviour in their opinion is likely to cause distress, damage or danger or annoyance to other customers, staff, any third party or to property. Upon such termination our responsibility for your holiday ceases and we shall not be liable for any extra costs incurred by you.

21. Boat Descriptions
Boat layout plans, specifications and illustrations in the brochure are general guidance. Some models within boat classes have minor variations.

22. Force Majeure
We regret we cannot accept responsibility for or pay any compensation where performance or prompt performance of our contact with you is prevented or affected by reason of circumstances amounting to ‘Force Majeure’. Such circumstances include without restriction: the destruction or damage of your boat through fire, flood, explosion, storm or weather damage; accidental damage; criminal damage or any other force outside of our control. These also include flooding, shortage of water, obstruction, repairs to any waterway, lock or navigational equipment, shortage of or non-availability of fuel, riots or civil strife, industrial action or nuclear disaster, fire, adverse weather conditions, port blockades, war or threat of war, and actual or threatened terrorist activity or similar.

23. Law & Jurisdiction
This agreement will be covered by Irish law and any disputes will be dealt with by the Irish Courts.

24. Complaints
If you have a complaint whilst you are on holiday, please inform the base manager or a Emerald Star/Le Boat office immediately so that remedial actions can be taken. If you wish to make a claim against us then you must notify us in writing within 28 days of your return home by writing to our Customer Relations Department at Emerald Star, The Marina, Carrick-on-Shannon, Co. Leitrim, Ireland. Disputes which cannot be amicably settled, may (if you so wish) be referred to the arbitration under a special scheme which, although devised by arrangement with the Irish Travel Agents Association, is administered quite independently by the Chartered Institute of Arbitrators.

25. Dogs
Dogs can be taken on Emerald Star/Le Boat holidays. We do impose a charge for taking dogs and we ask you to bring a basket/blanket for the dog to sleep on. Animals are not allowed to lie on bedding or settees. Please do not leave dogs unattended on your boat. If the base staff feel extra cleaning is required on the return of your boat, you will be ask to pay the cleaning fee.

26. Data Protection
To ensure that your holiday runs smoothly, we (and your travel agent, if you use one) need to use information such as your name and address etc. We will apply appropriate security measures to protect this data. However, we must pass it to suppliers of you holiday arrangements. We may also supply it to security or credit checking companies, and to public authorities such as customs and immigration. If we cannot pass this information to the relevant suppliers we cannot provide your holiday. When you make this booking, you consent to this information being passed to the relevant people. Information held by your travel agent is subject to that company’s own data protection policy. We can supply a copy of your information held by us; there is a small charge for providing this.