BOATEL PARTY CRUISES LTD TERMS AND CONDITIONS
Please read these booking conditions carefully, they form an important part of the contract for your charter. They contain some exclusions and limitations of liability.
Insurance: Please Note- Adequate and valid insurance is recommended for all customers holding their event with Boatel Party Cruises LTD. We recommend event insurance is taken out as soon as your booking is confirmed.
1. Your Contract and How to book
1.1 To make a booking you can contact us in several ways; directly over the telephone, via our website at www.BoatelPartyCruises.com (“Website”) or through an approved 3rd party agent. The person making the booking (the ‘lead name’) must be 18 years old or over and possess the legal capacity and authority to make the booking and accepts these booking conditions on behalf of everyone in their party. Whether you book alone or as a group, we will only deal with the Lead Name in all subsequent correspondence, including changes, amendments and cancellations. The Lead Name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person attending the event booked and for passing on any information regarding the booking or any changes made in relation thereto, to all persons attending such booking, including but not limited to information on schedule changes or copies of booking confirmations
1.2 To confirm your booking you will need to pay a non-refundable deposit. The deposit amount depends of the type of booking. If you are booking within 2 weeks of your event date, full payment must be made at the time of booking.
1.3 If we accept your booking, either verbally or in written form, a contract will exist between us from the date we issue you with your event details. Event details will be issued verbally or in writing. When you receive your event details, please check the details carefully and inform us immediately if anything is incorrect.
1.4 Once a booking has been confirmed, offers and discounts cannot be applied retrospectively. The balance of the price of the event must be paid at least 14 days before your booked date. No reminders are sent by Boatel Party Cruises LTD. If the balance is not paid in full by 14 days then your booking is at risk of being cancelled and you will forfeit your deposit and any other relevant charges.
1.5 If you book through an agent, all contact with you will be via them.
1.6 Payment for your event can be made by cash, card or bank transfer. We will accept payment by personal cheque provided that 7 days are allowed for the cheque to clear.
1.7 Any 3rd party services not provided or booked by Boatel Party Cruises LTD are the responsibility of the lead booker. We do not accept responsibility for these costs, which must be paid by you and are not included within your booking price.
1.8 Your personal safety is of paramount importance to us and therefore it is imperative that you advise us at the time of booking of any condition, medical or otherwise, that might affect your or other people’s enjoyment of the trip. Our vessel, Royal Sovereign, shall remain under the control of the Captain and Crew. For the safety of your group, the Captain’s orders shall be obeyed by at all times or the Cruise will be immediately cancelled without refund.
1.9 Boatel Party Cruises LTD do not charge for sailing. Sailing is subject to weather conditions and is at the discretion of our Skipper. We accept no responsibility if sailing cannot take commence. No compensation in any form will be issued.
2. Your Package Price
2.1 All prices shown in any brochure, webpage or leaflet were accurate on the date published and we reserve the right to increase or decrease our prices, without notice. Current and accurate pricing can be obtained from our website or from our sales teams. In the unlikely event of an administrative error leading to an incorrect price being displayed, we reserve the right to correct it. Offers are not combinable unless expressly stated and may be withdrawn at any time. All quotations are provisional until confirmed in writing. Before you make a booking we will give you the up-to-date price of your chosen package including the cost of any supplements, upgrades or additional facilities which you have requested.
2.2 Extras not booked and paid for at the time of early booking will be charged at the new season prices at the base.
3. Conditions of Hire
3.1 Hirers must be over the age of 18 years. The minimum number of people required book a place on board is 1 on our public packages.
3.2 Unless otherwise stated, the minimum number of guests required to start a public booking is 20.
3.2 Unless the booking is for private hire, you may have other groups on board with you.
3.3 The number of passengers on board may not exceed 60.
3.4 The Hirer shall be responsible for the behaviour of all members of their party and shall be liable for any loss or damage to the vessel, it’s equipment or fittings caused by them or any person in their party. Boatel Party Cruises LTD reserves the right to take a damage deposit. Hirers are welcome to inspect the vessel for damage before their event.
3.5 Passengers shall not board or leave the vessel other than by the proper access provided and only once a crew-member has confirmed it is safe to do so. Boatel Party Cruises LTD, whilst taking all MCA approved precautions, shall not be held responsible for any damage or injury to property or passengers whilst onboard or ashore, however caused.
3.6 Passengers must not board with drinks purchased off the premises. The Hirer will be held responsible, with admission being refused or the event ending early. No monies will be refunded.
If the hirer, or any member of their group bring their own drinks on board then the hirer agrees to pay a £30 fine per drink for each item not bought from Boatel Party Cruises LTD.
3.7 Car & coach parking is provided at the owners risk, beside our moorings, behind the Lock & Quay public house. Boatel Party Cruises LTD take no responsibility for loss or damage to vehicles parked by our moorings.
3.8 The number of vegetarian meals / other dietary requirements will be required with the balance. Boatel Cruises reserves the right to substitute foods for similar foods if unobtainable on the day.
4. Our Liability, Conditions of Carriage and Limitations.
4.1 Neither Boatel Party Cruises LTD, its affiliates, owners, officers, agents, or employees, shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers.
4.2 You understand and acknowledge that your travel on the vessel Royal Sovereign may involve risk and potential exposure to injury. You also realize and acknowledge that risk and dangers may be caused by the negligence or participation of other passengers. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during the charter of the boat, and that you are willingly and knowingly electing to board the Royal Sovereign in spite of such potential risk of danger.
4.3 In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of all activities either on board, or on shore as part of your booking, and you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or your guests, or caused by you or your guests. It is your responsibility and obligation to inform Boatel Party Cruises LTD, at the time your booking is made, of any medical or physical disability or limitation that might disable you or render you unable to complete your booking. Your failure to do so will release us from any liability for loss, damages or other compensation arising from or related in any way to such disability or condition. You further acknowledge that you are the best judge of your own conditions and limitations, and the conditions and limitations of your guests, and that it is incumbent upon you to fully disclose the full extent of any such conditions or limitations to Boatel Party Cruises LTD.
4.4 In consideration of the services and arrangements provided by Boatel Party Cruises LTD, you, for yourself, other Passengers on your charter, and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify Boatel Party Cruises LTD, and its owners, officers, directors, employees and affiliates from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of your negligence or caused by your breach of these Terms and Conditions, or which results from your acts, omissions or defaults or any person acting on your behalf, or which results from the acts, omissions or defaults of, or any claims asserted by, the other Passengers on the boat.
4.5 Boatel Party Cruises LTD maximum liability, for any reason whatsoever, will be limited to the amount paid by you to Boatel Party Cruises LTD for the booking. If any international convention applies to, or governs, any of the services or facilities included in your booking arranged or provided by us and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your booking. Other than as set out above, and as is detailed elsewhere in these Terms and Conditions, we shall have no legal liability whatsoever to you for any loss or damage.
4.6 If you purchase any optional activities or services that are not part of your original booking, the contract for the provision of that activity will be between you and the activity or service provider. The decision to partake in any such activity or service is entirely at your own discretion and risk. If you do have any complaint about, or problem with, any optional activity or service purchased, then your claim should be directed to the activity or service provider and not to us. Boatel Party Cruises LTD take no responsibility for any loss, damage or injury to any optional activities or services. Responsibility lies solely with the hirer.
4.7 In the event medical care becomes necessary during your event, decisions are made by Boatel Party Cruises LTD staff based on a variety of perceptions and evaluations of the situation at hand. Participant understands and agrees to abide by these decisions.
4.8 You agree that no suit, whether brought in rem or in personam, shall be maintained against Boatel Party Cruises LTD, its affiliates, owners, officers, agents, or employees for emotional or physical injury, illness or death, unless written notice of the claim, including a complete factual account of the basis of such claim, is delivered to Boatel Party Cruises LTD within 60 calendar days from the date of the incident giving rise to such injury, illness or death; and no suit shall be maintainable unless commenced within one (1) year from the day of the incident giving rise to such injury, illness or death, notwithstanding any provision of law of any state or country to the contrary.
4.9 Please note that any timings are estimates only. These timings may be affected by operational difficulties or weather conditions.
4.10 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these booking conditions.
5. Cancellation
5.1 If you change or cancel your booking:
5.1.1 If, after our Confirmation issued, you wish to change your travel arrangements in any way, for example your chosen departure date or time, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing signed by the Lead Name or your travel agent. The price of your booking may increase or decrease to reflect the changes requested by you. You will be asked to pay any further cost we may incur in making this alteration and any increase in the cost of your trip. Please check whether your insurance will cover any changes or increased costs resulting from a change.
5.1.2 In addition to the above, any alteration, whether a change to an existing booking or a change to another booking or departure date, will also be subject to payment by you of any costs imposed by any of the suppliers providing the component parts of the booking. If the trip to which you transfer is more expensive than the one you originally booked, a further deposit will also be payable. For the avoidance of doubt, the Company will not be responsible for any parts of your event booked independently by you.
5.1.3 Where you are unable to attend your booking, you can transfer your booking to another person, providing the following conditions are met: 5.1.3.1 you must notify us in writing at least 14 days before departure and give us authority to make the transfer; and 5.1.3.2 your request is accompanied by all original booking documents which you have received and the full name, address and contact number of the person to whom you wish to transfer your booking (“transferee”); and 5.1.3.3 The transferee is acceptable to us, accepts the transfer and these Booking Conditions and fulfils any conditions that apply to the booking; and 5.1.3.4 both the transferor and transferee will be jointly and severally liable for payment of the booking price and other associated expenses.
5.1.4 Should you request a major alteration within 4 weeks of your event date (such as, but not limited to, a change of date, or a drop in guest number which no longer qualify for a private booking) then this will be treated as a cancellation and re-booking and the cancellation charges detailed below shall apply.
5.1.5 You, or any member of your party, may cancel your booking at any time providing that the cancellation is made by the Lead Name in writing. Notice of cancellation will be effective upon receipt by us of your written communication. As we start to incur costs from the time the contract is confirmed, we will retain your deposit and in addition will apply other cancellation charges as shown below. These charges are based on how many days before your booked departure we received your cancellation notice. To cancel a reservation (“Cancellation”), You should notify Boatel Party Cruises LTD in writing. Cancellation Fee as a % of total event cost
· More than 60 days before departure – loss of deposit
· Between 60 days and 29 days (inclusive) before departure date – loss of 60% of total booking cost
· Between 28 days and the event date – 100% of total booking cost
· If any scheduled payment by the booker has not been received by the Due Date, the Company reserves the right to cancel a booking and retain all Deposits and fees paid to date. If full payment has not been received within 10 of your departure date and no late payment schedule has been agreed between yourself and the Company, then the Company reserves the right to cancel a booking and you agree to pay the remaining balance in full, plus any additional charges which may have occurred due to non payment *Please ask for full details of cancellation charges at time of booking.
5.2 All communications relating to this contract (in particular any requests to cancel or amend your charter arrangements) must be from the Lead Name in writing and in English and sent by email to info@BoatelPartyCruises.co.uk (please call also to ensure your email has been received) or delivered by hand (a receipt will be issued) or sent by recorded delivery post to Boatel Party Cruises, Botany Bay Boatyard, Chorley, Lancashire, PR6 9AE.
5.3 If we cancel or amend your booking: 5.3.1 The arrangements for bookings 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. If we become aware of a change to any matter that is referred to in a representation and that, if known, might have affected your decision to purchase, we shall promptly advise you of the change. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. Sometimes we may have to make a major change to your booking. If a major change becomes necessary, we will advise you of the change as soon as reasonably possible. Whether a change is ‘major’ depends on the nature of the booking and may include: 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 booking (other than due to your default in payment) you will have the choice of either: 5.3.1.1 accepting the change; 5.3.1.2 accepting an alternative booking to the same or better standard and price (at the date of the change) if we are able to offer you one; 5.3.1.3 accepting a lesser package and a refund of the difference in price (where available); or 5.3.1.4 Cancelling your booking in which case we shall give you a full refund of all monies paid. This paragraph does not apply if the delay or advancing of your trip is the result of: (a) mechanical problems with a vehicle or boat; (b) safety considerations; (c) weather conditions; (d) a strike or lock-out; or (e) force majeure. 5.3.2 We may also have to cancel your booking. However we will not cancel your booking less than 28 days before the scheduled departure date except for reasons of force majeure (as defined below), or failure on your part to pay the deposit and/or final balance, or any other reason beyond our control. If we are forced to cancel your booking after departure we will, wherever possible, make suitable alternative arrangements. If we are unable to make such alternative arrangements, or you reject these for good reason then we will return you to your point of departure and refund you for any unused services, if appropriate. 5.3.3 Where we make a major change to or cancel your booking, except where a major change or cancellation arises from circumstances amounting to force majeure, consolidation due to minimum numbers not being attained, failure on your part to pay the deposit and/or final balance or for any other reason beyond our control, we will not pay you compensation 5.3.4 This standard compensation payment will not affect your statutory or other legal rights. *We will only make one compensation payment for each full fare-paying adult in the booking. Any children not paying the full adult fare will receive compensation on a pro rata basis of the adult fare. 5.3.5 We strongly recommend that you make no travel arrangements to your point of departure, make any connecting travel that is non-refundable or non-changeable. If you make such arrangements which you are then unable to use due to a change in your itinerary, we shall not be liable to you for the cost of those arrangements. 5.3.6 Circumstances amounting to “force majeure” include any event which we or the supplier of the service(s) in question could not even, with all due care, foresee or forestall such as (by way of example and not by way of limitation) war, threat of war, riots, civil disturbances, industrial disputes, actual or threatened terrorist activity and its consequences, natural or nuclear disasters, fire, acts of God, unavoidable and unforeseeable technical problems with transport for reasons beyond our control or that of our suppliers, closed or congested ports or moorings, hurricanes, shortage of water, obstruction and/or repairs to any waterway, lock or navigational equipment, shortage of or non- availability of fuel and other actual or potential adverse weather conditions, epidemics, pandemics, health risks, illness and any other similar events.
6. Insurance
6.1 Adequate and valid insurance is advised for all clients to cover your booking. You are strongly advised to insure yourself and your guests against any possible risk that may occur and in particular to ensure that you have sufficient insurance in respect of dependent relatives and force majeure events.
6.2 If you are holding your own event on the Royal Sovereign then it is mandatory that you have Adequate and valid insurance to cover you, your guests and any equipment, fixtures or fittings belonging to Boatel Party Cruises.
6.3 In the event that you fail to provide us with the correct details of your own insurance as soon as possible or at all, you will be liable to us for any loss we incur as a result of your breach of this condition and any such costs will be redeemable from you.
7. Damage caused by you, or your guests, directly or indirectly to Boatel Party Cruise LTD or the vessel Royal Sovereign.
7.1 If booking our “Hire Only” packages, the lead booker will be required to provide cover against accidental damage or loss to the vessel, equipment, fixtures or fittings belonging to Boatel Party Cruises LTD. An additional Security Deposit may be required.
7.2 In the event you or your party cause damage or loss to the vessel (howsoever caused) or to property belonging to a third party you will be liable for the damage.
7.3 If you or your party cause damage or loss to the vessel, any ancillary equipment or to property belonging to a third party and such damage or loss is caused as a result of your gross negligence or reckless conduct you will be liable for the full extent of the loss suffered and our right to claim against you will not be limited or waived in any way by the payment of the security deposit.
7.4 Acts that will be considered as gross negligence or reckless conduct will include, without limitation, under the influence of or drugs, the supply of alcohol to persons under the age of 18, any and all illegal activities, not obeying commands or directions given by the Skipper, crew or staff.
7.5 During the booking process of “Hire Only” packages, Boatel Party Cruises LTD may require you to pay an additional security deposit. The security can be paid by credit or debit card.
7.6 The Security Deposit paid will be used as security for any loss or damages suffered by the Company as a result of any breach by you, or any member of your party, of these booking conditions and any damage caused to the vessel or its contents during the period of your arrangements. You cannot apply or deduct any portion of the Security Deposit from the final balance payable for your booking arrangements. You will be asked to sign a form before embarkation confirming that you fully understand your obligations in the event of any loss or damage to the vessel, ancillary equipment or third party property.
7.7 On return of the boat to the base following the charter period and following inspection of the boat by our staff, in the event that we are satisfied that there is no apparent damage to the boat on its return from you, our staff shall, where applicable, refund the relevant Security Deposit paid by you to you within 72 hours.
7.8 In the event that we determine that accidental damage or loss was caused to the boat and/or its contents during the period of your arrangements, you will be liable to us for all losses and damages incurred by us as a result up to the value of the Security Deposit paid by you. In the event that we determine that damage or loss was caused to the boat and/or its contents during the period of your arrangements as a result of your gross negligence or reckless conduct, you will be liable to us for all losses and damages incurred by us as a result. In both instances we reserve the right to retain, where applicable, part or all of the relevant Security Deposit paid by you. We may use all or part of the Security Deposit paid by you to repair any damage caused to the boat or its contents during the period of your arrangements, including without limitation the costs involved in dry dock costs including dry dock booking, travel to and from dry dock, downtime, loss of earnings, cancelation of other bookings due to damage, crew costs, fuel, and/or lifting the boat, for a full inspection to assess the damage to the boat.
7.9 Retention of the Security Deposit will not in any way limit or prejudice any claim which we may have over and above the sum of the Security Deposit paid by you where the loss or damage was caused or contributed to by your of any such losses or damages incurred by us over and above the sum of the Security Deposit paid by you. In the event that the losses or damages suffered by us as a result of any breach by you of these booking conditions and any damage caused to the boat or its contents during the period of your arrangements is less than the relevant Security Deposit paid by you, we shall refund, as relevant, part of the Security Deposit paid by you to you as soon as reasonably possible after the damage has been repaired or the repair costs have been ascertained. In the event of any disagreement over damage or loss, we shall retain the relevant Security Deposit paid by you until the matter is resolved. Please note that if loss or damage caused by your gross negligence or reckless conduct is in excess of the level of the Security Deposit we reserve the right to pursue a claim against you for the full extent of our loss.
8 . Hirer’s Suitability and Behaviour
8.1 The Hirer must accept responsibility for the proper conduct of him/herself and any members of their party. Boatel Party Cruises LTD cannot be held responsible for underage consumption of alcohol. We reserve the right in our absolute discretion to terminate without further notice the booking arrangements of any client who either refuses to comply with the instructions or orders of the company staff, agent or other responsible person, or 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 event ceases and we shall not be liable for any extra costs incurred by you.
8.2 We reserve the right to refuse to accept you as a customer or continue dealing with you if we, or another person in authority, believe your behaviour is disruptive, causes unnecessary inconvenience, is threatening or abusive, you damage property, you upset, annoy, disturb, or put any other travellers, boat owners, neighbours or our staff or agents in any risk or danger, on the telephone, in writing or in person.
8.3 In accordance with clause 7 you are responsible for the cost of any damage caused to the vessel or its contents or property of Boatel Party Cruises during your time on board, waiting to embark, or after disembarkment. These charges must be met by you and may have to be paid.
8.4 Upon termination for any reason detailed in this clause 8 then our responsibility for your booking ceases and we shall not be liable for any extra costs incurred by you.
8.5 For the purposes of this section reference to “you” or “your” includes any other person in your party.
9. Special Requests and Participation Requirements
9.1 We will consider special requests when you book. We will tell you whether there is a charge for the request and/or whether we can satisfy the same. We can only guarantee requests for which there is a charge, or those that are confirmed in writing. It is your responsibility to advise us of any special requirements. We regret we cannot accept any booking which is conditional upon the fulfilment of a particular request.
9.2 All clients are expected to satisfy themselves prior to booking that they are fit and able to complete the booking.
9.3 Unaccompanied passengers under the age of 18 years need a letter of consent to travel from a parent or legal guardian. It is the sole responsibility of the Lead Booker to obtain this permission. Boatel Party Cruises LTD will not be held responsible for any persons under the age of 18 were permission has not been granted. Liability will remain with the lead booker for all of their guests, regardless of age.
9.4 Anyone suffering from mobility impairment, illness or disability or undergoing treatment for any physical or medical condition must declare the true nature of such condition at the time of booking and make arrangements for the provision of any medication or other treatment which may be required during the booking. Failure to make such disclosure will constitute a breach of these booking conditions and result in such persons being excluded from the charter in which case all monies paid will be forfeit.
9.5 Anyone requiring the use of 3rd party electrical equipment should inform Boatel Party Cruises LTD staff accordingly at the time of booking and should be aware that suitable power may not always be available to run this equipment.
10. Accidents and Loss/Damage of Equipment
10.1 If any member of your group is involved in an accident of any nature, the Lead Booker must immediately contact a member of our staff and complete an accident report form (found on board) and ask any other party involved to complete the same form.
10.2 Should any equipment, fixtures or fittings be lost, stolen or broken during your booking, the incident must be reported immediately to a member of our staff. A separate fee for certain items lost or damaged will be charged. Such items include, but are not limited to: seating covers, toilets, remote controls, bar ware or catering equipment.
11. Embarkation/Disembarkation and Cruising Route and Navigational Restrictions and Technical Assistance
11.1 Embarkation & Disembarkation: Boat embarkation time will be pre-arranged and agree for the day of your booking, and disembarkation must be no later than 15 minutes of the pre-arranged finish time of your event. Addition charges of £50 per half an hour, or part of, will be incurred if your guests have not fully disembarked on time. Subject to operational constraints, early boarding from 30 minutes before your agreed start time can be added to your booking for a maximum of 5 guests if pre-arranged and agreed.
11.2 Cruising route: For operational reasons, the Company reserves the right to change the direction of your cruise. Such changes may be required at late notice. These changes will not entitle the Hirer to cancel with a refund or compensation.
11.3 Boatel Party Cruises will not be held liable for canal or lock closures, low water levels, flooding or ice.
11.4 The Hirer will have no claim against Boatel Party Cruises LTD for any failure caused by the Hirer or any member of their party 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.
11.5 In the event of a technical failure not attributable to the Hirer, and if repairs are not completed within 4 working hours after informing the base, the Hirer will be entitled to compensation in the form of a discount on a future cruise. The value of the discount will be calculated based on the cost of the cruiser and in proportion to the time of immobilization. No claim may be instituted against the Company regarding a previously unknown technical problem.
12 . Complaints
12.1 If you have a complaint while on board, please notify our staff so that remedial actions can be taken.
12.2 If you wish to make a claim against us then you must notify us in writing within 28 days of your booked date, in writing by recorded delivery, to Boatel Party Cruises, Botany Bay Boatyard, Chorley, Lancashire, PR6 9AE or emailing info@BoatelPartyCruises.com with “complaint” and your event date in the subject field. Please note that if do have any reason to complain, you must inform a member of our staff as soon as possible, who will resolve the problem if possible. Failure to take these steps and give us an opportunity to make things right at the time may significantly affect your ability to seek compensation later.
13. Privacy Policy
Our Privacy Policy can be viewed on our website located at www.BoatelPartyCruises.com
14. Law and Jurisdiction
14.1 Any controversy or claim arising out of or relating to this Agreement, whether brought in rem or in personam, including without limitation any claim related to bodily injury, property damage or death, shall be settled by binding arbitration within England. This agreement to arbitrate does not waive or modify the liability release contained in this document. The dispute will be resolved by a single arbitrator who must be a solicitor admitted to practice in the courts of Great Britain and have a minimum of fifteen years of experience in civil litigation. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. The parties waive the right to rely on any law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth in this provision.
14.2 This Agreement and any actions and proceeding shall be governed by the laws of Great Britain without regard to conflict of laws principles, with the exception of any admiralty or maritime claims, which shall be construed under the admiralty laws Great Britain. If the right to seek arbitration is for any reason waived by both parties, any action or legal proceeding to enforce any provision hereof, or based on any right arising out of, this Agreement shall be exclusively in the courts of Great Britain, and all of the parties hereby consent to the exclusive jurisdiction of such courts and of the appropriate appellate courts in any such action or legal proceeding and waive any objection to venue or jurisdiction in connection therewith.
14.3 In connection with any action or legal proceeding arising out of this agreement, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.
14.4 The invalidity or unenforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
14.5 Except as otherwise expressly provided to the contrary, this Agreement is for the benefit of Boatel Party Cruises LTD and the Passenger(s). This Agreement shall be exclusive of any advertising, marketing or other sales literature or activities of Boatel Party Cruises LTD and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with this Agreement.