Hire Terms

Definitions:

'Company': The trading name of Riverside South Downs

'Hirer': The person identified on the Hire Agreement as the Hirer

'Hire Period': The period of hire as identified in the Hire Agreement

'Hire Fee': The Fee identified in the Hire Agreement

'Vessel': The boat identified in the Hire Agreement

1. Agreement to Hire: A contract of hire comes into being only after a Hire Agreement has been completed and the hire fee paid by the

Hirer. Proof of identity in the form of a Passport, Driving Licence or some other photo ID is required. The Company does not hire vessels

to anyone under the age of 18

2. Handover: The Company shall ensure the vessel is in full working order & in good condition throughout with full equipment

3. Tutorial: Prior to hire commencement, the Company shall provide a tutorial on vessel operation, inclusive of health & safety

procedures in the unlikely event of an emergency. The Hirer shall only sign the hire agreement if they acknowledge and are entirely

satisfied the vessel, equipment and tutorial are complete and meet reasonable expectations.

4. Hand Back: The Hirer shall hand back the vessel to the Company at the agreed time in as good a condition as at Handover, except for

fair wear and tear arising from ordinary use. Any work required to return the vessel to the state it was hired in will result in the addition of

damage charges. The Hirer is responsible for the disposal of any rubbish accumulated during the Hire Period.

5. Cruising Area: The Hirer shall restrict the cruising of the vessel to within the inland waterways of the river Arun and direction of travel

laid out by the Company.

6. Maximum Number of Persons, responsibility for children, health of the hirer (s) party:

a) The Hirer shall not at any time during the Hire Period permit more than the maximum number of 6 persons on board the Vessel

b) If children are taken on board, the Hirer shall be fully responsible for their safety and conduct, lifejackets & RFD to be worn by all

persons, no exceptions. The Company shall not be held responsible for safety during the hire period.

c) The nature of power boating may render it unsuitable for a person with a physical disability or condition, or undergoing medical

treatment. By signature of this agreement the Hirer warrants the medical fitness & suitability of all members of the Hirer's party.

7. Skipper: The Hirer confirms that as the hirer of this vessel they are assuming the position of Skipper and therefore are responsible for

the vessel, equipment and all the passengers onboard. It is the Hirer's responsibility to ensure that all safety equipment is worn correctly

at all times by all persons aboard. The Hirer as skipper, shall ensure that they personally do not use any alcohol or illegal drugs on board

the vessel. The Hirer shall ensure that they comply with the byelaws of the inland water authority during the Hire Period. The Hirer is

responsible for the behaviour of those in their charge in relation to other river users and wildlife ensuring all behave in a safe and

responsible manner at all times.

8. Use of Vessel: The Company specifically forbids the use of water sports equipment, diving and fishing, unless by prior agreement. The

Vessel will not be raced, speed tested, beached, or used as a ferry. The Hirer shall ensure that no pets or other animals are brought on

board the vessel without consent from the Company. The vessel must not be left unattended. The vessel shall not exceed speeds of 5

knots. The vessel may only be disembarked at the Company’s designated landing site which is the pontoon stage. It is forbidden to enter

bank side vegetation, feed the wildlife or drop litter overboard.

9. Delays in returning the boat at the scheduled time: If the Hirer fails to return the boat at the time agreed they shall be liable to pay a

sum equal to twice the Hourly hire fee for every hour or part thereof by which boat return is delayed. The Hirers obligations under this

agreement shall continue until eventual return.

10. Cancellation & Failure to arrive for the hire: If the Hirer cancels this agreement on or at any time before commencement of the

Hire Period, The Company shall be entitled to treat this agreement as having been repudiated by the Hirer and to retain the full amount of

payment made to the Company. If however, the Company is able to re-let the boat to another Hirer for the Hire Period, then the Company

shall refund to the Hirer such net balance as shall remain from the re-letting fee minus a £20 administration charge. If the cancellation is

by the Company for reasons beyond their control such as breakdown or damage to the boat, severe weather or flooding all hire money

paid will be refunded but no liability will be accepted for any other expenses or consequential damage or loss, howsoever incurred by the

Hirer. The Company reserves the right to terminate any booking at any time where a serious accident or damage has occurred or in the

Company's opinion is likely to occur because of the unsuitability or misbehaviour of the Hirer. In such cases the Company shall not be

liable to make a refund.

11. Breakdown or Disablement: If after hire the vessel at any time is disabled by breakdown of machinery preventing reasonable use of

the vessel by the Hirer and the disablement has not been brought about by any act or default of the Hirer, the Company shall make a prorata

return of the Hire Fee from the time when the vessel became unfit for use. For the avoidance of doubt the grounding of the vessel by

the Hirer is considered “an act or default of the Hirer”. Additional to the onboard walkie-talkie, the Hirer must have a charged, working

mobile phone onboard which can be used to contact the Company in case of emergency.

12. Insurance: The Company shall insure the vessel against all customary risks for a vessel of her size and type. The Hirer shall be

responsible for carrying insurance for all personal effects whilst on board or ashore and for medical or accident expenses incurred. No

liability whatsoever shall be taken by the Company for any personal effects, property or equipment. Cancellation and curtailment

insurance is not included in this agreement. The Company will not be responsible for any death or personal injury unless it results from

proven negligence by them. No liability is accepted for any Hirer whist on Riverside Tea Rooms land including pontoons, steps or car

park.

13. Hirer's Liability: Under normal circumstances the Hirer shall only be liable for such costs or losses as may be incurred repairing

damage caused by the Hirer or his guests (intentionally or otherwise) to the vessel, ancillary equipment or any third party. In such case the

security deposit will not be refunded and further charges (see condition 14) will be levied. The Hirer is responsible for the boat during the

Hire Period and must report to the Company full details of any accident, injury or damage immediately after its occurrence and to assist

the Company in completing any reports to the necessary authorities and organisations. Under no circumstances should the Hirer attempt to

undertake any repairs to the boat.

14. List of Charges: In the event of loss or damage to the boat or ancillary equipment requires replacing, the following list of charges will

be levied: Life Jacket Replacement - £65 | Collapsible Oar - £35 | First Aid Kit - £25 | Fire Extinguisher - £35 | Anchor & Tackle - £65 |

Fender Replacement - £35 | Seat Box Replacement - £155 | Loss & Replacement of Fuel Tank - £85 | Loss & Replacement of Boat -

£4,000 | Loss & Replacement of Engine - £1,800 | Gear Box Repair - £500 | Pontoon Repair - £ as assessed | Third Party Damages - £ as

assessed by Third Party