Cardiff Baylink Ltd (CBC)
Cardiff Bay Cruises Limited (CBC)
In these conditions the following words have the following meanings:
Contract: any contract between CBC and the Client for the provision of the Services, incorporat¬ing these Conditions;
the Client: the person(s), firm or company for whom CBC provides the Service as evidenced by them signing the booking form to which these terms are attached;
Services: the Service of any vessel for hire for sight seeing and pleasure cruise purposes in and around the Cardiff Bay area or beyond.
1.2 In these conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended.
1.3 In these conditions references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.4 In these conditions headings will not affect the construction of these conditions.
2. APPLICATION OF TERMS
2.1 Subject to any variation under condition 2.2 the Contract will be on these conditions to the exclusion of all other terms and conditions.
2.2 These conditions apply to all CBC’s Services and any variation to these conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by an authorised director of CBC. Nothing in this condition will exclude or limit CBC’s liability for fraudulent misrepresentation.
2.3 Each booking for the Service by the Client to CBC shall be deemed to be an offer by the Client to purchase the Services subject to these conditions.
2.4 No booking placed by the Client shall be deemed to be accepted by CBC until a non-refundable deposit of 50% in clear funds has been received.
2.5 The Client must ensure that the terms of its booking and any applicable specification are complete and accurate and CBC shall have no liability whatsoever with regard to any booking made which is not accurate.
All descriptive matter, specifications and advertising issued by CBC and any descriptions or illustrations contained in CBC’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of this Contract.
4. RESERVATIONS AND PAYMENT
4.1 Bookings will be confirmed when CBC have received a completed and duly signed booking form together with the non-refundable deposit as detailed in condition 2 above. Provisional bookings will be held for seven days. Should no booking form or deposit be received within that time then the planned date shall become available to other clients.
4.2 CBC shall have absolute discretion to alter the details of the Services.
4.3 The clients can not alter or amend any details of the Services without prior approval from CBC.
4.4 The balance of all monies must be received no later than 14 days before the date of the voyage to guarantee the vessel, except for bookings which are taken within 14 days of the date of performance of the Services which will require the full balance to be paid immediately. Without full payment CBC will not charter the vessel to the Client.
4.5 Time for payment shall be of the essence.
4.6 No payment shall be deemed to have been received until CBC has received cleared funds.
4.7 The Client shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Client has a valid court order requiring an amount equal to such deduction to be paid by CBC to the Client.
4.8 If the Client fails to pay CBC then any sum due pursuant to the Contract, the Client will be liable to pay interest to CBC on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of HSBC Bank Plc, accruing on a daily basis until payment is made, whether before or after any judgment. CBC reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 in addition to the aforementioned interest rates.
5. CONTROL OF THE VESSEL
5.1 During the entire charter period of the Service, the vessel will remain under the absolute control of the Captain and crew (as provided by CBC). If for weather, tidal or other reasons the Captain considers it necessary to vary the scheduled trip, his decision will be final.
5.2 The Captain has the right to refuse passage to any person or persons. The reasons for such refusal need not be stated. The Client is assured that any such refusal will be in the best interests of the vessel and all persons embarked.
5.3 The vessel shall be available to the clients only up to 15 minutes before the cruise time specified, unless otherwise approved in writing by the Captain.
5.4 The Captain shall have the absolute and sole discretion to decide when the clients must leave the vessel once the cruise ends.
5.5 Any person under the age of 16 must at all times have adequate and appropriate supervision from an adult, who is responsible for ensuring ensure their safety on the vessel. CBC will not be responsible for the safety on board the vessel of any person under age.
5.6 There shall be no smoking permitted at anytime inside the vessel.
5.7 There shall be a zero tolerance position on the use of illegal drugs.
6. LIMITATION OF LIABILITY
6.1 The following provisions set out the entire financial liability of CBC (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of:
(a) any breach of these conditions; and
(b) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
6.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
6.3 Nothing in these conditions excludes or limits the liability of CBC for death or personal injury caused by CBC’s negligence or fraudulent misrepresenta¬tion.
6.4 Subject to conditions 6.2 and 6.3 CBC shall not be liable to the Client for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compen¬sation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
7.1 Should a voyage be cancelled by the Client for any reason within 10 weeks of the said voyage, then 50% of the boat hire charges, and entertainment and catering costs (where applicable) are payable by the Client.
7.2 Should a voyage be cancelled by the Client for any reason within 6 weeks of the voyage, then 100% of the boat hire charges, and entertainment and catering costs (where applicable) are payable by the Client.
8. FOOD, DRINK AND ENTERTAINMENT
8.1 Under no circumstances are clients allowed to bring their own beverages aboard CBC vessels. Any contravention of this policy will result in the voyage being terminated immediately at the nearest pier without refund. CBC’s crews have absolute discretion and authority in this matter.
8.2 If corporate clients wish to run a bar account, then this must be arranged prior to the date of the voyage and the balance for the account must be paid either by cash or credit card within 5 working days from the issue of the invoice, unless for any reason the invoice can not be raised at the time. If a client wishes to put a ceiling on the account, or wishes to limit the variety of drinks available (for example to beer, house wine and soft drinks but no spirits) then a member of CBC must be personally informed prior to the voyage. Arrangements for bar accounts cannot be made once aboard.
8.3 CBC reserves the right to alter the food and drink menu and may replace any food, alcoholic drink or wine with one of similar quality.
8.4 Any Client intending to decorate the inside of the vessel must have the prior written approval from CBC before boarding the vessel.
8.5 Any Client intending to change the music and entertainment provided must have the prior written approval from CBC and if granted this will result in an extra charge payable by the Client, which will be indicated at the time when written approval is given.
9.1 The Client shall not be entitled to assign the Contract or any part of it without the prior written consent of CBC.
9.2 CBC may assign the Contract or any part of it to any person, firm or company.
10. FORCE MAJEURE
CBC reserves the right to cancel and / or amend the Contract or any voyage if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of CBC including, without limitation, acts of God, governmental actions, harbour authority actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
11.1 Each right or remedy of CBC under the Contract is without prejudice to any other right or remedy of CBC whether under the Contract or not.
11.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unen¬forceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
11.3 CBC retains ownership in all and any intellectual property created or otherwise arising during the provision of the Services and in addition retains all rights of ownership in any source code developed or otherwise used. The Client is provided with a licence to use such intellectual property and source code (for the purpose agreed by the Client and CBC at the start of the contract) provided that it has paid CBC the price for the Services in full.
11.4 Failure or delay by CBC in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
11.5 Any waiver by CBC of any breach of, or any default under, any provision of the Contract by the Client will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
11.6 The parties to this Contract do not intend that any term of this Contract will be enforce¬able by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.7 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English and Welsh law and the parties submit to the exclusive jurisdiction of the English and Welsh courts.
12. OPENING TIMES
CBC shall be open from 9 am to 5 pm on week days and shall be closed on the weekends. Any arrangements for bookings or any queries must be made within the working hours of the CBC.
13.1 All communications between the parties about this Contract must be in writing and delivered by hand or sent by pre-paid first class post or facsimile transmission or electronic mail:
(a) (in case of communications to CBC) to its registered office or such changed address as shall be notified to the Client by CBC; or
(b) (in the case of the communications to the Client) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Client set out in any document which forms part of this Contract or such other address as shall be notified to CBC by the Client.
13.2 Communications shall be deemed to have been received:
(a) if sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting);
(b) if delivered by hand, on the day of delivery;
(c) if sent by facsimile transmission on a working day prior to 4.00 pm, at the time of transmission or electronic mail and otherwise on the next working day.