English (UK) Plas Heli Cyf provides the RIBs, and Committee Boats, for race management and race support purposes.
You, the boat operator, agree and acknowledge that:
a) Only You or an Authorised boat operator will operate the Vessel; and
(b) You and any Authorised boat operator hold a current RYA qualification (level 2) or marine qualification to do so.(see conditions).
(c) You must not allow a person under the age of 16 years to operate the Vessel. (see conditions).
(e) Cancellation Policy: - A full refund will be given for all cancellations made at least 14 days prior to booking, 50% for 3 days notice & no refund for cancellations under 2 days notice.
Who Can Use the Plas Heli RIBS
The following applies to all users who are in control of the Vessel, who must be experienced, connected to the business, and permitted to use the vessel by the Insured.
It is a condition of this insurance that:
• there is an experienced skipper on board, and is always in control whilst the Vessel is in use; and the business’ Standard Operating Procedures are always adhered to.
• Operators 21 years of age and over must have attained the RYA Powerboat 2 qualification and/or a have a minimum of one years’ experience.
• Operators between 16 and 20 years of age must have attained the RYA Powerboat 2 qualification or must be accompanied on board by an experienced and qualified person over 21 years of age.
• Operators under 16 years of age must be accompanied on board by an experienced and qualified person over 21 years of age.
Please note that the insurance policy excludes loss of or damage to the craft and any liability arising because of any engine cut-out device being inoperative.
You must wear the Kill cord.
Who Can Use the Plas Heli Committee Boats
The following applies to all users who are in control of the Vessel, who must be experienced, connected to the business, and permitted to use the vessel by the Insured.
It is a condition of this insurance that:
• there is an experienced skipper on board, and is always in control whilst the Vessel is in use; and the business’ Standard Operating Procedures are always adhered to.
• Operators 21 years of age and over must have attained the RYA Powerboat 2 qualification and/or a have a minimum of one years’ experience.
• Operators between 16 and 20 years of age must have attained the RYA Powerboat 2 qualification or must be accompanied on board by an experienced and qualified person over 21 years of age.
• Operators under 16 years of age must not operate the boat.
Where You Can and Cannot Operate the Vessel
You and any Authorised operator must only operate the Vessel:
(a) In the usual sailing events waters of Pwllheli and Abersoch and within 7 nautical miles from the shore; and
(b) The Vessel is not permitted outside of Tremadog Bay the Vessels chart should be referred to when ascertaining any other areas of exclusion such as no boating zones.
(c) The Vessel is not to be operated when damaged or unsafe to do so;
(d) Not use the Vessel after an accident or hitting an object until You have obtained approval from Plas Heli Cyf or its Authorised representatives to do so;
(e) The Vessel must not be used to carry any dangerous or flammable goods
(f) Not to use the Vessel in contravention of any law.
(g) Smoking is not permitted in the Vessel at anytime.
(h) You must not operate the Vessel in adverse conditions where the wave height exceeds 1.5 metres; or
(i) The wind speed exceeds 20 knots
(j) The vessel can only be operated in daylight hours.
(k) The vessel is not to be operated in shallow water and must not be beached.
You must report any damage to the vessel at the earliest possible opportunity.
You must pay for any unauthorised repairs to the Vessel and for all infringements and fines in respect of the Vessel during the period of hire.
Return from Hire
You must return the Vessel to Plas Heli on the date and by the time agreed and
(a) if You are unable to return the Vessel to Plas Heli you must notify Plas Heli Cyf immediately.
(b) you must pay Plas Heli Cyf the Hire the rental charges due including additional rental charges and compensate Plas Heli for any loss Plas Heli suffers up to the time that the Vessel is recovered.
(c) The Vessel must be refuelled at the end of the hire period and only by a representative of Plas Heli, fuel used during the hire period will be charged to the hirer.
Damage Cover and Damage Waiver
You are liable:
(a) for the loss of, and all damage to, the Vessel; and
(b) for all damage to the property of any person:
(1) which is caused or contributed to by You or any person You allow to operate the Vessel; or
(2) which arises from the use of the Vessel by You or any person You allow to drive the Vessel. This clause does not apply to any damage or loss for which Plas Heli was responsible.
Where You are required to pay Plas Heli Cyf for any loss, damage, repair, cost or fee:
(1) may be reasonably determined by Plas Heli and
(2) in relation to damage to the Vessel, is the lesser of the cost of repairs to the Vessel or the market value of the Vessel at the time of the damage
(b) If the amount determined by Plas Heli and paid by You under this terms and conditions exceeds the final cost of the loss, damage or repair, Plas Heli will refund the difference to You.
(c) Plas Heli will provide details to You of the final cost of the loss, damage or repair on request by You.
Definitions
For the purpose of this Terms and Conditions, and unless stated otherwise,
(a) “The Company” shall mean Plas heli Cyf any related corporations of it providing goods or services to the Hirer and any person acting with due authority of the Company.
(b) “You” shall mean the person or persons Authorised in the Agreement as the Hirer and any person signing or initialling this agreement (other than on behalf of the Company).
(c) “Price” shall mean the cost of the rental as agreed between the Company and the Hirer subject to the other terms of this agreement.
(d) “Services” shall mean all Services supplied by the Company to the Hirer.
(e) A reference to a Boat includes: -
(1) the Vessel;
(2) a reference to multiple Vessels and other similar or related equipment;
(3) a reference to a proposed Vessel which has been booked or provided (even in the absence of a signed agreement);
(f) No rule of construction applies to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it.
(g) Time is of the essence except where specific provision is made or the contrary intention appears.
(h) A reference to a person includes the person’s heirs, executors, administrators, successors, substitutes and assigns and this document is intended to be binding upon such persons.
(i) The singular includes the plural and vice versa and words importing a gender includes other genders.
(j) Other grammatical forms of defined words and expressions have corresponding meanings.
(k) An agreement, covenant, representation, warranty or indemnity in favour of two or more persons is for the benefit of them jointly and severally.
(l) An agreement, covenant, representation, warranty or indemnity made by two or more persons is made by them jointly and severally.
(m) Headings are for ease of reference only and do not affect the construction of the agreement.
(n) The terms appearing on the company’s document entitled “Boat Hire Agreement and Release” apply and supersede the terms herein to the extent of any inconsistency.
(o) Where the context admits, the provisions of this document extend beyond any termination
Consumer Rights Statement
All Your rights set out in this agreement are in addition to Your rights as a consumer (Your consumer rights) under applicable consumer products legislation.
Your consumer Rights are not excluded, restricted or modified by the Hire Agreement.
Plas Heli Cyf. Glan y Don, Pwllheli, Gwynedd LL53 5YT