Terms and Conditions 2010


If your holiday is in 2009, click here to view our 2009 terms and conditions.

Legal

These Booking conditions apply to any bookings that you make with us and should therefore be read carefully. They contain some exclusions and limitations of liability. If any part of these Booking Conditions is found to be invalid or unenforceable, then the remainder of these Booking Conditions will not be affected and will remain valid and enforceable. All the holidays in this brochure are operated by Prestige Boating Holidays trading as Le Boat (hereinafter called ‘Le Boat’, ‘the company’ or ‘we’), registered office Third Floor, Block 5, Westland Square, Pearse Street, Dublin 2 ( Reg. No. 323416 Ireland ) a member of the TUI Travel Plc group of companies and are sold subject to the following conditions.

1 Your Contract

Your contract is with Prestige Boating Holidays, trading as Le Boat, The Marina, Carrick on Shannon, Co Leitrim, Ireland. When making your booking you guarantee that you have the authority to do so and accept on behalf of your party the terms of these booking conditions. A contract exists, when you confirm your holiday booking with payment. On receipt of this payment we will send you a booking confirmation summary. You should check the details carefully with payment of a 35% deposit to ensure that it accurately reflects the boat and additional pre-bookable services you have requested and immediately inform us of any discrepancies.

If the departure date of the holiday is less than 14 days from the date of issue of the Booking Confirmation Summary you must provide the information requested on our Confirmation Form at the time of booking. Otherwise we would expect a response and the Booking Confirmation Summary returned within 7 working days. You should also send us the outstanding information requested on the booking confirmation form, either by returning the completed form or online. This information forms part of the contract between us. By accepting this Contract you, the Lead Name, must be over 18 years of age.

2 Your Holiday Price

The prices in this separate price list are in EURO. Prices are accurate at the date of publication, but could have since changed. Prices in this price list supersede all other prices in other material printed at an earlier stage. Once you have made your booking, paid a 35% deposit per booking plus payment for any extras requested (travel insurance, boat damage waiver, one way fees), the cost of your holiday will not normally be subject to any change. This does not apply to invoice errors or omissions. Once a booking has been made, offers and discounts cannot be applied retrospectively. The balance of the price of your holiday must be paid at least 70 days (10 weeks) before your departure date Payment for your holiday can be made by credit/debit card, cheque (made payable to Le Boat) or bank transfer. If the balance is not paid by the balance due date, we may cancel your booking and retain your deposit. If you book through an agent, all contact with you will be via them. Any payment made by credit card will be subject to a 2% surcharge (capped at €50 per transaction). This does not apply to bookings paid by cheque or debit card. Extras not booked and paid for at the time of early booking will be charged at the new season prices at the base. Certain payments, as indicated in the pricing information, may be taken locally at the destination base in equivalent currency.

3 Conditions of hire

Hirers must be over the age of 18 years. 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 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 sail after nightfall, nor engage in towing, sub hiring or lending of the boat.

4 Cancellation - If you change or cancel your booking

If, after our booking confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date, boat or destination, we will do our utmost to make these changes, but it may not always be possible. If you or any member of your party is unable to proceed with the holiday, you can transfer the booking to a substitute person, providing they satisfy all the conditions applicable to the original booking and your request is received by us at least 14 days prior to departure. Any request for changes to be made must be in writing signed by the Lead Name or your travel agent. The price of your holiday may increase or decrease to reflect the changes requested by you. You will be asked to pay an administration charge of €50 per booking amendment and any further cost we incur in making this alteration. Please check whether your holiday insurance will cover any changes or increased costs resulting from a change. Should you request a major alteration within 10 weeks of departure date (such as a change of date or area) or if you want to amend your holiday departure date to a date not within the current year then this will be treated as a cancellation and re-booking.

You or any member of your party may cancel your travel arrangements at any time. Written notification (by post or email) from the Lead Name or your travel agent on your behalf must be received by our After Sales Team. Cancellation will be effective on the date which it is received by Le Boat. Note: If the reasons for your cancellation are covered under the terms of your insurance policy, you may be able to reclaim these charges.

Cancellations accrue the following charges:

Period before departure within which notice of cancellation or major changes is received by usCancellation FeesAmendment Fees
More than 70 days / 10 weeksDeposit only€50 amendment fee
70 - 43 days (10 - 6 weeks)40% of total holiday cost 
42 - 15 days (6 - 2 weeks)60% of total holiday cost 
14 days and under (2 weeks or less)100% of total holiday cost 

5 Cancellation - If we cancel or amend your holiday

The arrangements for holidays in this brochure are made many months in advance and it is sometimes inevitable that changes or cancellations may need to be made. We reserve the right to make such changes should they become necessary. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. Sometimes we may have to make a major change to your 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 (other than due to your default in payment) we will:

a) Offer you an alternative holiday to the same or better standard (where available)
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 all cases, except where the major change arises due to reasons of Force Majeure or due to insufficient bookings to operate a particular base we will pay compensation as detailed below:

Period before departure within which a major change is notified to you or your travel agentCancellation Fees
More than 70 days / 10 weeksNil
70 - 43 days (10 - 6 weeks)€12
42 - 15 days (6 - 2 weeks)€25
14 days and under (2 weeks or less)€50

Force Majeure means unusual and unforeseeable 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 20. We strongly recommend you provide us with an emergency contact telephone number in case of any unexpected changes that need to be made to your holiday at short notice.

6 Insurance

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 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 damage or gross negligence, person being under the influence of drugs or alcohol or as result of not obeying the instructions of a member of Le Boat staff. If the insurer fails to indemnify 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.

Le Boat’s insurance does not cover the Hirer’s personal belongings. We strongly recommend that you take out our tailor made travel insurance – a summary of the insurance that we offer is included in these terms and conditions. Please note you must have travel insurance either with Le Boat’s provider or by arranging a policy yourself comparable or greater cover under all sections if you are travelling with us overseas.

Le Boat insurance does not cover the damage waiver, paid as a refundable damage deposit (clause 7 (Option 2) if there is evidence of gross neglect. If the damage is in excess of the refundable damage waiver the hirer will be expected to cover all costs.

7 Collision Damage Waiver

Insurers charge 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 cost we ask you to pay either:

Option 1: Non-refundable collision damage waiver
A charge of between €79 and €195 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 (with the exception of hire bikes – refer to clause 13 for details of bike theft waiver). 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.

Option 2: Refundable damage deposit
On arrival at the base, you leave a refundable damage deposit (up to €1500 depending on boat/duration) 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.

8 Embarkation/Disembarkation and Cruising Route

Boat embarkation time is usually from 16:00 (14:00 in Ireland for Short Breaks only) on your start day and disembarkation must be by 09:00 on the final day. For an additional fee(s), and subject to operational constraints, priority boarding from midday and late check-out from 12:00 can be requested and will be detailed on your booking confirmation summary. A boat briefing 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 June 2009.

The price of your travel arrangements may be subject to surcharges for increases in:

i). Transportation costs e.g. fuel,

ii). Dues, taxes or fees chargeable for services e.g. landing taxes

iii) where payments are made in non Euro currencies based on the following rates:

€ - £ : 1.16 / 1

€ - US $ : 0.71 / 1

€ - AUS $ : 0.57 / 1

Any benefits derived from decreases in these costs will be passed to you. In the case of any small variation, an amount equivalent to 2% of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations this 2% will still be absorbed for increases but not retained from refunds. No price increases will be made within 30 days of departure.

In either case there will be an administration charge of €1 (or equivalent) per person together with an amount to cover any agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements you may cancel and receive a full refund minus any amendment charges.

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 detailed cruising notes/map 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 (found on board) and ask any other party involved to complete the same form. The Hirer will not ask for any repairs to be carried out without Le Boat’s agreement. Should any equipment be lost, stolen or broken, the Hirer must report this on return of the boat.

12 Bicycle Theft Waiver

This weekly charge of €6 or two week charge of €10 can be booked and paid for on arrival. With this option you will be fully covered if the bicycle is stolen.

13 Technical Assistance

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 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 Return of the boat / Cleaning service

The boat must be returned by 09:00 on your final day at the correct base, unless you have booked a late check-out. Late returns will incur an abandonment fee of €500. We expect the boat to be returned reasonably clean, i.e. all rubbish neatly bagged and all crockery and utensils cleaned and re-stored. If the boat is left in an unsatisfactory condition a cleaning fee of €60 – 120 will be charged, dependant on the size of boat. Alternatively you may pay an additional cleaning fee (€60 – 120 depending on the size of the boat) and we will take care of the final cleaning of your boat.

15 Fuel Charges

In France, Belgium, Holland, Italy and Germany, Le Boat charges the amount of hours the engine has been running. At the start of your cruise you will be informed 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, 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.

Before departing the base on board your cruiser, you will be required to leave a Fuel Deposit of £130/€150 per week or £90/€100 per short break payable locally in local currency. This deposit is towards the cost of the fuel charges as described on page 3. In Ireland the fuel deposit is €200 per week and €150 per short break.

Fuel is charged according to market rates and is subject to fluctuations in diesel prices.

16 Liability

As your booking is not a package holiday we will only accept responsibility for our own negligent acts or omissions. Where the holiday services are to be provided by a independent carrier or other supplier of services for example without limitation a ferry operator, and where we are only acting as booking agent in the provision of these services then we undertake no responsibility for and are not liable for the misrepresentations, breaches of contract, breaches of statutory duty or negligence of the carrier or other supplier of services. This means that in the event of you suffering personal injury, illness or death as a result of any acto or omission of a carrier or other supplier of services (or their employees) or you having any complaint about the quality of the services provided or having any other complaint at all, your sole right of redress will be against the independent carrier or other supplier of services who provided such service and Le Boat shall not be under any liability at all (whether in contract, tort or otherwise howsoever).

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.

17 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 are subject to the carrier’s terms and conditions. This brochure is issued on the sole responsibility of 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.

Where your booking is not a package holiday we will only accept responsibility for our own negligent acts or omissions.

18 Hirer’s suitability

The Hirer must accept responsibility for the proper conduct of him/herself and any members of their party. 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, agent or other responsible person 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.

19 Boat Descriptions

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

20 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, but are not limited to: 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.

21 Law and Jurisdiction

This agreement will be covered by Irish law and any disputes will be dealt with by the Irish courts.

22. Passport and Visa Requirements

Whilst we are able to provide basic advice to clients regarding passports and visa requirements, you should check with the appropriate Embassy, Consulate or Irish Foreign Office for the exact requirements for your chosen holiday. It is your responsibility to ensure that you have the correct passport and visas for the holiday. If you fail to do so, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements. In some cases, countries will refuse entry to clients who have criminal records. Should you be concerned about this, please check with the embassy or consulate of the countries to which you are travelling.

23 Complaints

If you have a complaint whilst you are on holiday, please inform the base manager or a 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 35 days of your return home by writing to our Customer Relations department at our Carrick on Shannon address.

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.

24 Pets

To allow for additional cleaning a supplement of €35 is charged to take a maximum of two pets on board our boats. You are required to bring a basket/blanket for dogs to sleep on and to refrain from letting dogs lie on bedding or settees. Please do not leave dogs unattended on your boat. Operational constraints may require us to limit the type/number of boats available in the fleet suitable for dogs. If despite paying the pet cleaning supplement the base feels extra cleaning is required on the return of your boat, you will be asked to pay an additional boat cleaning fee.

25 Single sex group bookings

We accept single sex group bookings but reserve the right to charge an additional fee, which will be charged at the Base Manager’s discretion and payable locally.

26 Data Protection

To ensure your holiday runs smoothly, we need to use information such as your name and address, special needs, dietary requirements, etc. We will apply appropriate security measures to protect this data. However, we must pass it to suppliers of your travel arrangements, including airlines, hotels and transport companies. 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 in the EAA or elsewhere, we cannot provide your booking. When you make this booking, you consent to this information being passed to the relevant people. We can supply a copy of your information held by us; there is a small charge for providing this. We may use the address, telephone, mobile and email information you supply to contact you with news, information and special offers offered by Le Boat, via direct mail, telephone, email and/or text message. If you do not want this service, please write to Le Boat, The Marina, Carrick on Shannon, Co. Leitrim, Ireland.

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