Glass House Terms and Conditions
No booking can be confirmed until a completed and signed copy of the Booking Form has been received.
No charter will be deemed confirmed until the deposit has been received.
By booking your Private Charter with Thames Boat Hire, any person named on the Booking Form shall be considered the Client.
You are bound by the Terms & Conditions of the Operating Company and shall be liable for all charges made by the Company.
(a) The Client means you or the person, company or other organisation on behalf of whom you are making the reservation.
(b) The Company means the boat operating company.
(c) Contract means the contract for the supply of Services by The Company to the Client comprising these Terms and Conditions and the Letter of Confirmation.
(d) Charges means the sums which the Client has agreed to pay in respect of the Function.
(e) Deposit means the deposit of 30% of the total anticipated Charges.
(f) Guest means any person attending the Function.
(g) Function means the function on the Vessel at which the Services are to be provided.
(h) Letter of Confirmation means the letter from The Company confirming and containing details of the Function and as subsequently varied by the parties.
(i) Payment means payment of the Charges for the Function.
(j) Pro forma invoice means the request for payment of the Charges
(k) Services means the supply of catering, cloakroom and toilet facilities, and any other services agreed in writing between the parties.
(l) Vessel means the venue at which the Services are to be provided.
2. The Contract
(a) The Company shall be entitled to refuse to enter into any Contract without giving any reason and without incurring any liability to the Client or any third party.
(b) The Contract shall be created when your signed booking confirmation is received by The Company.
3. The Company’s Obligations
The Company shall
a) supply the Services to the Client with reasonable skill and care in accordance with the Contract and
b) be entitled to provide a substitute vessel if the Vessel is unable to provide the Services or is not available.
4. Client’s Obligations
The Client shall:
(a) book a minimum number of covers when entering into the Contract which shall be the minimum number for which the Client shall pay.
(b) notify The Company not less than 8 clear days prior to the Function of final number of covers for the Function and which shall be not less than the minimum number of covers booked when entering into the Contract.
(c) pay for the greater of the minimum number of covers booked or the actual number of guests attending the Function.
(d) pay the Charges as such sums become due to be paid.
(e) obey all reasonable instructions given by The Company staff at the Function.
(f) be responsible for all actions and their consequences of its Guests and other people for whom the Client is liable and pay the cost of clearing up unreasonable amounts of debris (including party string or vomit) resulting from acts of the Client or its Guests.
(g) not damage, nor permit any of its Guests to damage the Premises in any manner whatsoever nor allow or permit a breach of the law. The Client shall ensure that nothing shall be done which may constitute a breach of the law or in any way cause a nuisance or be an infringement of any licence for music and dancing or the sale of alcohol. Failure to comply with this clause shall constitute a breach of these terms and conditions and entitle The Company to require the offending Guest(s) to leave the Function and entitle The Company to compensation for said damages and failures.
(h) not consume any food or drink on the Vessel except for that supplied as part of the Services.
(i) not resell, advertise or market the Services in any manner whatsoever without written consent from The Company.
(j) not introduce or attempt to introduce any signage or other publicity material into the Function or onto the Vessel without written consent from The Company.
(k) obtain The Company’s written permission before the Client hires any production company, performers, musicians, or other live act or equipment, (“the Act”) for the Function and ensure that the Act has public liability insurance to the value of at least £5 million to cover any death of or injury to any person or the loss of or damage to any property resulting from the malfunction of the Act’s equipment and from their actions generally.
(l) pay for any additional services requested by the Client and supplied by The Company.
(a) If the Client enters into the Contract
(i) 30 days or more prior to the Function the Client shall pay the Deposit within 14 days of the date of the payment request.
(ii) not more than 30 days prior to the Function the Client shall pay all the Charges at the time of booking.
(b) The Company shall send the Client a payment request showing the Deposit credited against the Charges.
(c) The Client shall pay any balance shown on the payment request or invoice within 14 days of the date of the payment request or invoice.
(d) If the Client does not pay all and any outstanding balance no later than 30 days prior to the date of the Function, The Company shall be entitled but not obliged to cancel the Client’s reservation in which case the Client shall forfeit its Deposit.
(e) If the Client pays by credit or debit card the card will be debited at the time of payment. A serve fee of 2.5% of the amount being paid will be added to the sum billed to the credit card.
(f) The Client irrevocably authorises The Company to charge to its debit or credit card (as appropriate) any charges which the Client incurs in respect of the function and which remain unpaid at the conclusion of the Function.
(g) Notwithstanding any other clauses in this Agreement and unless otherwise agreed in writing by The Company, the Client shall pay the Charges in cleared funds before the Function commences.
(h) Unless otherwise stated the Charges are inclusive of VAT which shall be added to the invoice at the prevailing rate.
(i) The Company shall be entitled to charge interest on overdue payments at 3% over HSBC Bank plc base rate from time to time ruling.
(j) If for any reason The Company is obliged to refund the Deposit or any part of the Charges then it will process such refund within 28 days of agreeing the refund.
(k) The Client shall pay all and any charges which The Company may incur in respect of cancelling any Act or other third party supplier of services booked on the Client’s behalf.
6. Cancellation of the Function
(a) If the Client cancels the Function in whole
(a) (i) Not more than 14 days prior to the Function taking place the Client shall pay all of the Charges and the Deposit shall not be refunded;
(ii) between 15 and 30 days prior to the Function taking place, the Client shall pay 50% of the Charges and the Deposit shall not be refunded;
(iii) more 30 days prior to the Function taking place, The Company shall refund the Deposit.
(b) If the Client cancels the Function in part
(i) not more than 30 days prior to the Function taking place, the Client shall pay all of the Charges in respect of the hire of the Vessel and the minimum number of places and the Deposit shall not be refunded;
(ii) more than 30 days prior to the Function taking place, the Client shall not pay the Charges and The Company shall refund the Deposit.
(c) The Company shall be entitled to cancel the Function if it
(i) can not provide the Services in accordance with the Contract for any reason beyond its reasonable control or
(ii) if it cannot supply the Vessel or any alternative vessel.
(d) Should the event be required to be cancelled due to the instruction of the Police, Local Authority or other responsible party, a full refund will be made to the Client.
i The Company
(a) accepts liability for death or injury only if it is caused by its negligence.
(b) accepts liability for any damage or loss to the Client’s physical property (including that of Guests) only if caused by its negligence. The Company does not accept liability for any physical property (including that of Guests) that is not removed immediately after the Function.
(c) is not liable to the Client or anyone else if the Function is cancelled because:
(i) The Company cannot perform (or fails to perform) its obligations for any reason beyond its reasonable control or
(ii) For the consequences of any action or omission of any governmental or public authority including any failure or delay to grant any consent exemption or clearance save if caused by The Company’s negligence or
(iii) The Vessel cannot set sail.
(d) is not liable to the Client or anyone else for any indirect economic or consequential losses including loss of profits howsoever arising or of whatsoever nature.
(e) is not liable to the Client or to anyone else if more Guests attend the Function than previously notified to The Company.
(f) has a maximum liability (except in respect of (a) above for which no limit applies) to the Client for all claims (including negligence) arising under this Contract is limited to the Charges due to be paid by the Client for the Services.
ii The Client
shall indemnify and hold harmless The Company against any breach by the Client, its Guests or Acts of these conditions including all losses, costs, claims, demands, expenses (including legal fees) and penalties including claims in the Industrial Tribunal which The Company may incur as a result of the Client’s acts or omissions including those of its Guests or Act.
(a) This Contract is subject to English Law and English Courts shall have the sole right to decide any dispute.
(b) These terms and conditions shall apply at all times and may only be revised, amended or varied in writing by an authorised representative of both parties.
(c) The failure by either party to exercise or delay in exercising a right or remedy under these terms and conditions shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies.
(d) All content in or on The Company’s web-site and/or brochures (including pictures, designs, logos, text and other materials) are owned or controlled by or licensed to The Company. Copyright trademarks and other intellectual property rights protect all content and unauthorised use of this content is prohibited.
(e) From time to time The Company may send the Client details of future events and promotions which may be of interest. If you do not wish to receive these mailings please contact The Company.
(f) The Contracts (rights of Third Parties) Act 1999 shall not apply to this Contract.
(f) All notices shall be made in writing or sent by fax or e-mail to the address of the other party last known to the sender. Any fax or email notice shall not be effective until the sender has received confirmation of a satisfactory receipt of successful fax transmission.
(g) All descriptions, representations, illustrations and other particulars supplied or made orally by The Company or contained in trade literature, price lists or other documents issued by The Company are given for general information only and the Client agrees that it is not entering into the Contract relying upon any such description, representation or particular.