ChesterBoat – Terms and Conditions of Carriage
ChesterBoat aims to provide a safe and enjoyable cruise for all passengers. To ensure this we request that, while on board our vessels, all passengers show respect for other passengers, our staff, our property and other people that may be affected by their actions.
ChesterBoat staff and crew may refuse to carry any passenger, or direct any passenger to disembark, where the behaviour of that passenger breaches these Terms and Conditions.
Any person breaching these Terms and Conditions may also be refused access to, or required to leave, landing stages and/or other facilities controlled by ChesterBoat.
Under no circumstances shall any passenger bring any dangerous goods, weapons or illegal drugs or substances aboard the vessel.
A passenger may only travel on board any of our vessels if they have a valid ticket purchased prior to boarding, or a confirmed booking.
Purchase of a ticket entitles a passenger to a place aboard the vessel on a specified sailing. It does not presume the availability of any particular seat or position aboard the vessel.
Where one ticket is issued in respect of a number of passengers, the person to whom the ticket is issued contracts with ChesterBoat as agent for all the passengers that the ticket applies to and agrees that all passengers included on the ticket will be bound by these Terms and Conditions. The person to whom the ticket is issued warrants that he or she has authority to make this agreement on behalf of the other passengers.
Non-Fare Paying Passengers:
From time to time, and at the invitation of ChesterBoat or its employees, persons may board a vessel as non-fare paying passengers. Non-fare paying passengers are subject to our normal Terms and Conditions of Carriage.
For comfort and safety on board, ChesterBoat requires passengers to take due note of all safety notices, instructions, advice and guidance made available aboard the vessel, whether issued verbally by a crew member or other employee, broadcast over the public address system or disseminated on leaflets, posters or signs.
ChesterBoat will not be liable for any accident, injury or loss, where this is due to disregard on the part of the passenger of any such safety notice, instruction, advice or guideline.
ChesterBoat does not accept unaccompanied children under the age of sixteen on board any of our vessels.
All children travelling with their parents or other adults remain the responsibility of their accompanying parents or other adults who should take steps to supervise the children in their charge and make sure that their behaviour does not endanger their own safety or the safety and comfort of other passengers.
Damage Caused by Passengers:
Passengers shall be liable to reimburse ChesterBoat for all damage to the vessel and its furnishings and equipment or any property of ChesterBoat caused directly or indirectly by any wilful or negligent act or omission on the part of the passenger. The passenger shall further pay ChesterBoat against any cost whatsoever which ChesterBoat may incur towards any person or company or government for any personal injury or death, loss or damage to property caused directly or indirectly by any wilful or negligent act or omission on the part of the passenger.
If, while on board the vessel, we reasonably believe that a passenger has:
- Put the vessel, or any person on it, in danger,
- Deliberately interfered with the crew in carrying out their duties,
- Failed to obey the instructions of the crew relating to safety or security,
- Behaved in a threatening, abusive, insulting or disorderly way towards the crew or other passengers,
- Behaved in a way which causes discomfort, inconvenience, damage or injury to the crew or other passengers,
- Caused annoyance to other passengers by being excessively noisy or disruptive,
- Failed to comply with smoking restrictions,
- Failed to obey the crew’s instructions relating to drink or drugs,
- Allowed their physical or mental state to become affected by drink or drugs,
- Used language that causes offence to others,
- Committed a criminal offence,
- Made a hoax bomb or other security threat,
- Not ensured that they are the only person that can hear music or audio that they wish to listen to on any electronic device such as MP3 player, tablet device, phone etc.,
then we may take any measures we think reasonable to prevent the passenger continuing their behaviour. This may include putting them ashore at the nearest safe mooring and/or reporting the incident to the relevant authorities with a view to them prosecuting the passenger for any criminal offences they might have committed.
If a passenger is disembarked because they have breached our Terms and Conditions no refund of fare will be given and ChesterBoat shall in no way be liable for the cost of alternative travel arrangements, accommodation, inconvenience or any other resulting cost or liability. ChesterBoat may resort to assistance of the police or other appropriate authority in expediting the removal of such passengers from the vessel.
Drug and Alcohol Policy:
Any passenger displaying drunken behaviour or appearing to be under the influence of alcohol or drugs on the quayside will not be permitted to board the vessel.
If the crew have reason to believe that a passenger has used illegal drugs while on board the vessel the police will always be informed.
While on board the vessel passengers may only consume alcoholic beverages that have been purchased on board*. Any passenger consuming an alcoholic beverage that has not been purchased on board may be disembarked or, with their agreement, have the alcoholic beverage removed for the duration of the cruise.
*On private hires, passengers may consume their own alcoholic beverages but only if previously agreed with us. In these cases a charge will normally be made for corkage.
Alcoholic beverages may be consumed by over 18s only. If, in the opinion of the crew, a passenger looks to be under 21 years old they may be asked for ID. If they cannot prove acceptable proof of age the crew are authorised to refuse to serve them an alcoholic beverage.
It is an offence under the Licensing Act 2003 to knowingly sell or attempt to sell alcohol to a person who is drunk, or allow alcohol to be sold to such a person. Crew members will refuse sale of alcoholic beverages if they have reason to believe that they may be consumed by a passenger in, or approaching, a state of drunkenness.
Sale of alcoholic beverages will cease 10 minutes before the scheduled end of each cruise.
All alcoholic beverages must be consumed by the end of the cruise. Unfinished drinks must be left behind.
Passengers are not permitted to take alcoholic beverages, purchased on board, off the vessel.
Booking Terms and Conditions
These Terms and Conditions constitute a written agreement between ourselves and our customer (this being the person(s) who uses our products or services). We and our Customer(s) accept and agree to be legally bound by these Terms & Conditions. Full or part-payment signifies an understanding and acceptance of these Terms & Conditions.
Advance reservations are recommended to prevent disappointment. Such reservations can be made through our website, directly with our telephone booking line or through an approved booking representative (such as Tourist Offices, Hotels and other such outlets).
Booking Options, Payment & Guarantee
If booking directly online, your credit or debit card details will be requested to complete your purchase and a “print-at-home” ticket will be generated. Full payment, as itemised, shall be debited and your account statement will identify the transaction as “DATASPACE T/A WEBTICKETMANAGER”. This is our 3rd party payment clearing provider who operate our secure, PCI compliant online booking system and can be contacted directly at: Livesmart, Corn Exchange, Fenwick Street, Liverpool L2 7QL. Tel: +44(0)151 235 8777.
If booking through an approved representative, payment will be taken in accordance with their own terms and conditions of ticket sales. Your reservation is duly guaranteed by the issuing of a payment receipt or tour ticket(s).
Payment (Or Balance Payment)
Full payment (or balance payment, if applicable) must be made prior to completing your experience with us. If a credit or debit card was used to secure your booking, then payment can be debited to this card before the end of your tour or travel. Alternatively, payment may be collected by the driver. Personal Cheque (with guarantee), cash, Visa, MasterCard, Switch, Solo, Delta, JCB, Maestro, Electon and American Express are all acceptable forms of payment. A full receipt can be issued upon request.
Wherever possible, a booking amendment shall be accommodated without charge or penalty if requested ten (10) days or more prior to the booking.
An administration charge of 10% of the net booking value shall be payable for all amendments made less than ten (10) days prior to the booking departure if such an amendment is possible.
Where an amendment cannot be made and the original booking cannot be fulfilled, then the Cancellation Policy detailed below shall be applicable.
Cancellation by you
We regret that the cancellation policy stated herewith is strictly imposed without exception. Where you cancel, for whatever reason and do not opt to make a booking amendment, no refund shall be made and compensation, consequential losses or other such claim shall not be accepted.
Cancellation by us
Where we cancel, for whatever reason, and an alternative cannot be offered or taken, there shall be no penalty or administration charge and a refund in full (if applicable) shall be made within ten (10) working days of such a cancellation being advised and confirmed. No compensation, consequential losses or other such claim shall be accepted in the event of such a cancellation.
Prices quoted shall be current at the time of booking, acceptance and acknowledgment. The price agreed shall not be subject to any change unless forced due to circumstances beyond our control. Such circumstances shall include fuel surcharges or price increases exceeding 10% imposed after the booking, civil riot, region or National emergency, war, route closure, etc.
Where such a price amendment is necessary, you will be notified in writing no less than twenty-eight (28) days prior to your booking. Should a price amendment be unacceptable, the booking may be cancelled in accordance with our Cancellation Policy above but without penalty or administration charge if confirmed as cancelled ten (14) days or more prior to the departure date.
Your ticket price shall include everything as indicated including statutory insurance, VAT, all taxes and anything specifically mentioned as “included”.
Your ticket shall exclude personal insurance, snacks, lunch, beverages, optional activities and excursions, gratuities and any other items not specifically mentioned as being included.
As a general rule, bookings will be accepted at face value at the time of booking. However, at our discretion, proof of any concession entitlement claimed may be requested at any time during fulfilment of your ticket. Such proof shall include passport, identity card, student card or any other such document that contains a recognisable photograph and date of birth.
Failure to produce such evidence immediately upon request may result in the concession being withdrawn and payment being requested amounting to the difference between what has already been paid and the full published adult price.
Some of our product may be designed or targeted towards an adult audience. It is, therefore recommended that you check carefully before purchasing your ticket.
Children under the age of sixteen (16) shall not be permitted entry unless accompanied by an adult at all times. Full responsibility for children remains with the accompanying adult, including general behavioural control so as not to disturb the other visitors.
It is our intention to operate a fully accessible attraction so please discuss matters of this nature with us prior to booking and we will make every effort to accommodate special needs accordingly. We reserve the right to require persons who are unable to move independently to be accompanied by a companion who is able to provide any necessary assistance and take full responsibility accordingly.
Animals / Pets
Animals and pets shall not be permitted with the exception of a registered and documented guide dog in accompaniment of a visually impaired person. Full responsibility for such an animal remains with the accompanying person, including feeding, hygiene and general control so as not to disturb the other passengers.
For the comfort and safety of all guests, the use of alcohol, tobacco and non-prescribed drug products is strictly prohibited at all times.
We operate within UK laws that include compulsory and statutory insurance against accident and third party liability. Client insurance against personal injury, item theft, loss, or any other such event is not included and it is highly recommended that you take out your own personal Insurance in good standard procedures.
As is good practice (but not law in the UK) it is recommended that you carry with you some form of personal identification. This should also include detailed medical information about yourself (if applicable). Such identification is the sole responsibility of each person.
We will not accept responsibility for your overall enjoyment. Whilst every effort will be made to maximise your pleasure and experience, it is accepted that every person’s preference and tastes are unique and it would be impossible to satisfy all of our customers all of the time. However, we recognise that our own success is dependent on word of mouth referral and prioritises customer satisfaction accordingly.
Weather, Traffic & Other Such Conditions
We will not accept responsibility for last minute alterations or cancellations due to weather, traffic delays, road and/or car park conditions or other related circumstances that are beyond our control. In the event of such an occurrence, no compensation, consequential losses or other such claim shall be accepted.
Breakdown, Maintenance or Immobilisation
We will not accept responsibility for last minute cancellations, delays or other related circumstances due to all or part-attraction breakdown, maintenance or immobilisation. In the event of such an occurrence, no compensation, consequential losses or other such claim shall be accepted.
In so far as our duties extend in providing a professional, safe and fit-for-purpose product, we, our staff and agents shall not be liable for any injury, loss, expense, damage, accident, delay, irregularity, stranded individual, personal negligence, weather, quarantines, sickness, disease, act of God, Government restriction, legal regulation or otherwise which are adjudged to be out of our control.
We, our staff and agents shall not be liable for any injury, loss, expense, damage, accident, delay, irregularity, stranded individual, personal negligence, weather, quarantines, sickness, disease, act of God, Government restriction, legal regulation or otherwise for any individual or company furnishing sub-contract services, transportation, attractions, accommodation or any other product or service in connection with our offer.
It is clearly stated, understood and agreed that, to the fullest extent to which liability may be excluded or avoided, we will have no liability, whether in contract or otherwise, for any losses, costs or damages, and in no event will be liable for any direct, indirect, incidental, special, punitive, expectancy or consequential damages, even if they are foreseen or foreseeable, arising or resulting from, or related to, our services and products.
In all cases, the maximum liability payable shall not exceed the total fee collected for the provision of the goods and/or services provided.
We provide our service strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, the implied warranty of fitness for a particular purpose. Your UK statutory rights are unaffected by our Warranty terms.
We are not responsible for, provides no representations, warranties or guarantees with respect to, and will not be held liable in any way for any content, information, services or material on any third party supplier, including, without limitation, any third party recommended, named or utilised by us.
It is clearly stated, understood and agreed that, to the fullest extent to which warranty may be excluded or avoided, the maximum warranty payable shall not exceed the fee collected for the provision of the goods and/or services provided.
The right is reserved to make operational changes at any time with or without notice, which is considered operationally necessary.
The right is reserved to cancel any booking at any time, should conditions or circumstances necessitate as detailed under our Cancellation by Us clause above. If circumstances warrant such action a full and documented reason shall be provided.
The right is reserved to require persons who are unable to move independently to be accompanied by an adult companion who is able to provide all necessary assistance and take full responsibility accordingly.
The right is reserved to decline, to accept, or retain, any person at the discretion of the management. If circumstances warrant such action a full and documented reason shall be provided and we shall cancel in accordance with our Cancellation by Us clause above. No compensation, consequential losses, additional travelling costs or other such claim shall be accepted in such an unfortunate event.
Reasons for such action shall include, but not be limited to:
- Violent, racist, verbal abuse or other such unacceptable behaviour.
- Failure to comply with the laws of the United Kingdom.
- Drunk and disorderly behaviour.
- Misuse of un-prescribed drugs.
- Refusal or failure to comply with health & safety issues.
- Refusal or failure to provide suitable evidence of entitlement to partake in a tour.
- Refusal or failure to pay the correct fee for taking a tour.
- Any other behaviour deemed disruptive, dangerous or insulting to other passengers.
The right is reserved to re-allocate an unsecured booking at any time.
The right is reserved to make alterations or changes to these Terms & Conditions at any time, ensuring that customers with existing bookings receive the latest copy prior to taking their booking. Should the revised Terms & Conditions be unacceptable to a pre-booked customer, the booking may be cancelled without penalty or administration charge as detailed under our Cancellation by Us clause.
Except where otherwise expressly stated in these conditions, we cannot, and will not accept liability or pay compensation where the performance or prompt performance of our contractual obligations is prevented or affected by, or you otherwise suffer any damage or loss, as a result of “force majeure”. For the elimination of doubt, in these conditions, “force majeure” means any event which we, or our sub-contractors, could not, even with all due care, foresee or avoid. Such events include, but are not limited to, war, threat of war, riot, civil strife, terrorism, industrial disputes, natural disaster, adverse weather, fire, etc.
Complaints & Disputes
Any disputes or complaints must be brought to our attention in writing no longer than twenty-one (21) days from the origin such. We shall then be granted an additional sixty (60) days to investigate and resolve such a dispute or complaint without involving third parties or outside solicitors, litigation or counsel.
In the event of a complaint or dispute not being satisfactorily resolved, both parties irrevocably agrees that the dispute will be settled and determined by final and binding arbitration pursuant to the United Kingdom and that such arbitration will be conducted in accordance with the Rules and Procedures in current effect under English law.