Terms Conditions
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PECCADILLO
BARGE
TERMS & CONDITIONS
The following terms and
conditions shall apply to each and every Booking made between
the Operator and the Client unless specifically varied in
writing by the Operator.
Definitions
In these Terms & Conditions
"the Client" means the company
or individual named and liable on the booking form for the
Trip
"the Operator" means the owner
and staff responsible for the commercial operation of the
barge Peccadillo on the Scottish Lowland Canals, trading as
"Peccadillo"
“the Passengers” means any individuals, including
the Client if the Client is aboard, who will board the vessel,
whether moving or moored, at any time during the event. All
Passengers are to be named on the Passenger List for any particular
Trip, who comprise the Group
"the Group " means the group of
people who will be Passengers for any part of or all of the
journey of a particular Trip
"the Trip" means the journey covered
by a single Booking, whether this takes place on one day or
over a number of days
"the Add-ons" are additional events
or goods not included in the basic tariff levied per Trip
or per Passenger
"the Crew" means the individuals
in charge of Peccadillo barge for the duration of any Trip
"the Booking" is the legal agreement
made up by receipt of a booking form (with deposit) signed
by the Client and a delivery of a reciprocal confirmation
letter from the Operator
"the Terms & Conditions" mean
the conditions set out in this form
"the Price" means the total price
for the Booking, including all Add-ons
VAT
All prices quoted will include VAT wherever it applies.
Booking Agreement
A Booking is a legally binding contract and is made under
Scots Law. The Booking is considered to be in place once the
Booking, with deposit, has been submitted and acknowledged
by the Operator with a confirmation letter. Any offer by the
Operator to hold a reservation is not legally binding until
a Booking is in place. The contract includes these conditions,
which the Client accepts by submitting a booking form.
Payment
Terms
Booking Form & Deposit
No less than 20% of the total Price shall by payable (by cheque
made payable to "Peccadillo") to the Operator by
way of a non-returnable deposit on submission of the signed
booking form by the Client. If the Client is a company the
form should clearly indicate the employee responsible for
organising the Trip and this individual should sign the form.
If this employee is not a Passenger on the Trip, special arrangement
must be made with the Operator to ensure that Passengers have
been made aware of the Terms & Conditions in this form.
In the event of a Booking being placed within 30 days of a
Trip the total Price of the Trip will be payable at time of
booking.
Confirmation
The Operator will send a confirmation letter with all details
of the Booking which will now be in place.
Balance of Payment
The full payment for a Trip must be received by the Operator
no less than 30 days prior to the Trip. Amendments to the
Trip, Passenger numbers or Add-ons as requested by the Client
will be payable within fourteen days of invoicing or Thirty
days after the Event whichever shall be later. Interest will
be chargeable at Two per cent (2%) per month on all sums unpaid
at the due date of payment.
Cancellation by Client
The Client may cancel the Trip on giving written notice (by
recorded delivery) of cancellation to the Operator subject
to a cancellation fee as follows:
Period of Notice |
Cancellation fee |
90 days or more |
Nil |
30 - 60 days |
Deposit |
8-29 days |
50% of total Price |
less than 8 days |
100% of total Price |
The Operator shall not be obliged to make any reduction in
the Price if the number of Passengers on the Trip is less
than specified in the Booking. It may however at its entire
discretion offer a reduction in accordance with any direct
savings resulting to the Operator less an appropriate administrative
fee.
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Amendment to the Event
The
Client may amend the Booking, with respect to route, Add-ons
or Passenger numbers up 30 days prior to the event. If Client
wishes to change date of Trip then cancellation conditions
apply unless, at the entire discretion of the Operator, a
suitable alternative can be arranged. Visitors to the barge
will be levied at full charge for entire duration of trip
if prior arrangement is not made and noted on booking form.
Cancellation by the Operator
The Operator reserves the right to cancel the Trip, without
any liability, in the event of weather conditions, canal maintenance,
vessel inoperability or any other factors that make it impossible
or unsafe to undertake the journey referred to in the Booking.
In this event the Client may choose to reschedule or alter
the Trip and Cost (for example, visit the barge and travel
to the Stables by taxi) or claim a full refund of all moneys
paid in respect of the Trip. The Operator may also cancel
the Trip if any payments are not made by their due dates,
in which instance cancellation levies apply. If any invoice
payable by the Client remains outstanding for more than thirty
days following the date of invoice the Operator cannot guarantee
acceptance of the next booking by the Client.
Management & Safety
A full safety talk will be given prior to departure of any
Trip and Waterways code leaflets are available on board. Buoyancy
aids are available for any Passengers who request them although,
according to the guidelines of the Maritime Coastguard Agency,
these are not mandatory on Category A waters.
In the event of any Passenger/s
behaving in a manner which might cause danger to themselves,
any other individual/s, the vessel, or contravening the Waterways
Code in any way, the Trip will be halted at the nearest safe
disembarkation point until the situation can be resolved.
The Operator reserves the right to request any Passenger to
leave the vessel if, in the opinion of any member of the Crew,
the Passenger is responsible for any such disruption. The
Client will be liable for any costs incurred in removal of
Passenger/s. If the situation cannot be resolved the Trip
will be terminated and the full cost of the Trip would remain
chargeable.
In any of the above circumstances
the Operator will be under no liability to the Client or the
Passenger/s in respect to any refund of the Price or compensation
for any costs or damages which may be incurred by the Client
or Passengers. The
Client agrees on its own behalf and on behalf of each and
every Passenger in its Group: - that the opinions of the Operator
is final in regard to matters of safety - to comply with any
request or order made by any member of the Crew in the interests
of safety, however expressed - to comply with any reasonable
instruction given by the Operator for any other reason.
Before participating in
certain Add-on events, participant Passengers may be required
at the discretion of the Operator to sign a disclaimer.
Passengers with
Special Needs (including minors)
Please note that at time of publication there is no wheelchair
access to Peccadillo barge; contact details of operators that
do offer this facility are available on request.
While the Operator will
endeavour to accommodate the safety, access and other requirements
of all passengers it is the responsibility of the
Client to:
- notify the Operator, at booking stage, of any special
needs for Passengers that might arise on any given Trip
- carry out a risk assessment for all possible eventualities
pertaining to Passengers with special needs
- ensure that there are an appropriate number of carers
included in the Group to attend to special needs during
the Trip
- alert the Crew immediately if any issues arise during
the Trip relating to these special needs.
The Operator's
Liability
The Operator shall be required to take all reasonable care
in providing the services and having regard to Health and
Safety Legislation. The Operator shall have no liability to
the Client or the Passengers for any loss or damage of any
nature howsoever arising other than purchases covered by the
Operator's insurance or arising from any negligent act or
omission of the Operator. Exemption
The Operator shall not be liable for any matters arising from
any cause beyond the Operator's reasonable control or not
due to the Operator's negligence or wilful default including
(without limitation) death or personal injury of Passengers,
loss or damage to property, non-fulfilment or interruption
of the Trip or delays.
Peccadillo Terms &
Conditions apply to all bookings.
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