Silver Fleet Terms and Conditions

1. 1 Definitions
1.1 In these Terms and Conditions unless otherwise stated the following words and expressions shall have the following meanings:-
"Boarding at" means the time by which the boat will arrive at a Pier to allow Guests to commence boarding for the Event to commence, as set out in the Contract;
"Boat Set Up" means any particular requirements in relation to the set up of the boat including but without limitation stages, banners and booths;
"Booking" means a binding contract for the hire of a boat for an Event and supply of such other goods, services and/or facilities as agreed;
"Break Down Time" means two hours after the "Disembark at" to allow for any entertainment, staging, decoration etc to be removed from the boat and Wapping Pier such period of time being provided at no extra charge by the Silver Fleet;
"Cancellation Fee" means the fee payable where a Booking is cancelled as determined by the schedule set out in clause 3.2;
"Working Days" in relation to a period of notice means that period, excluding the day when the notice is given, or deemed to be given or on which it is to take effect;
"Confirmation Period" means a period of 10 Working Days from the date of the provisional reservation;
"Contract" means a contract for the hire of a boat and any other agreement(s) for the supply of further goods, services and/or facilities;
"Deposit" means 25% of the total cost of hiring a boat;
"Disembark at" means the time by which all Guests must have vacated the boat on its return to the Pier;
"Estimated Function Charge" means an estimation of the total cost of arranging and holding an Event which sum excludes the total cost of hiring a boat or
"Event" means the Event for which a boat has been hired, including without limitation a reception, conference, lunch or dinner;
"Event Confirmation Date" means the date on which the Event is scheduled to take place;
"Events Team" means an officer or employee of the Silver Fleet appointed to manage the Event
"Final Confirmed Numbers Date" means 3 Working Days before the Event;
"Final Event Plan" means the final plan containing details of the Event including but without limitation, food, drink and entertainment requirements;
"Final Payment" means the payment due in addition to the Estimated Function Charge and boat hire charge in respect of any other goods, services and/or facilities requested and supplied for the Event, the costs of which, are not provided for in the Estimated Event Charge;
"Guests" means the persons attending the Event;
"Material" means any materials which may be attached to walls, floors, ceiling or pillars of the boat including but without limitation velcro and adhesive tape;
"Pier" means the Charter Pier from which Guests will board or disembark the boat;
"Return at" means the time by which the Event must have finished for the boat to arrive at the Pier, as set out in the Contract;
"Request for Payment" means a request for payment document setting out the estimated charges for the Event;
"Rules" means the rules for hirers and their contractors set by the Silver Fleet;
"Sail at" means the time by which the boat must depart the boarding pier;
"we" means Silver Fleet " Woods River Cruises and "Silver Fleet", "us" and "our" are to be understood accordingly;
"Working Day" means any day which is not a Saturday, Sunday, Bank Holiday or other Public Holiday in England or Wales;
"Working Hours" means 9am to 5pm on any Working Day;
"you" means the person, firm, company or group to whom the boat is being (or is proposed to be) hired for and shall include its agents, employees, contractors and/or guests and "your" is to be understood accordingly.

2. Provisional reservation and booking
2.1 All provisional reservations of a boat hire with Silver Fleet made by you will be held (subject to any extension agreed by us in writing) for the Confirmation Period. You must do all of the following things within the Confirmation Period:-
2.1.1 either sign the Contract yourself or where the provisional reservation has been made on behalf of a company or firm, arrange for the Contract to be signed by a duly authorised signatory;
2.1.2 return the signed Contract to us (by post or fax) within the Confirmation Period with payment for the Deposit using any of the methods of payment set out in clause 5.4.
2.2 We will not make any further arrangements in relation to your reservation until we have received a signed Contract and the Deposit.
2.3 If you do not confirm your provisional reservation in accordance with clause 2.1, the provisional reservation will lapse. You will still have an option to hire the boat. However, your option will lapse if we receive another request for a booking for the same boat and you, when contacted by us, cannot immediately confirm your reservation and pay the Deposit.
2.4 As soon as we receive the Deposit and signed Contract, your Booking is confirmed subject to these Terms and Conditions.
2.5 Once you have a Booking, you must pay
2.5.1 the remaining 75% balance of the total cost of hiring a boat; and
2.5.2 90% of the Estimated Function Charge
at least 21 Working Days before the Event Confirmation Date.
2.6 You must confirm the number of Guests which will attend the Event by the Final Confirmed Numbers Date. If you do not confirm the number of Guests by this date, we will assume that the number of Guests attending the Event is as set out in the Contract and you will be charged accordingly. Once the number of Guests is confirmed or assumed, we will prepare the Final Event Plan.
2.7 If the number of Guests has increased or decreased by more than 10 per cent between the date when we receive your Deposit and Contract and the Final Confirmed Numbers Date, we may at our sole discretion either:-
2.7.1 increase or decrease the Request for Payment under this clause 2.7 and if so you will (as the case may be) be issued with a revised Request for Payment Form in respect of the increase in the number of Guests which will be immediately due or where there is a decrease, any additional amounts paid for Guests no longer attending the Event will be credited to you from your Final Payment; and/or
2.7.2 send to you the Final Event Plan on request after we have received confirmation of the number of Guests attending. This will set out the final details of your Event.
2.8 We cannot accept significant changes to the Final Event Plan after the Final Confirmed Numbers Date.

3. Cancellation by you
3.1 If you wish to cancel your Booking, such cancellation must be made in writing to us immediately and we may, subject to clause 3.3, charge a Cancellation Fee.
3.2 The Cancellation Fee will be payable by reference to a percentage of the Estimated Event Charge and the cost of hiring a boat and any sums under clause 5.7, such amount being dependant on how much notice of cancellation is given before the Event, as follows:


Number of clear Working Days notice given before Event	Percentage (%) of Estimated Function Charge plus boat hire charge payable
180 days or more	Nil
Between 120 and 179 days	10
Between 90 and 119 days	20
Between 60 and 89 days	30
Between 30 and 59 days	80
Between 15 and 29 days	90
14 days or less	100


3.3 If, after you have given us notice to cancel your Booking, we are able to hire the boat to another customer for the time of your Booking, the Cancellation Fee will be reduced by any sums we receive from such other customer for that booking. We will use our reasonable efforts to rehire the boat.
3.4 We may retain all or part of any money already paid by you, in whole or partial satisfaction of the Cancellation Fee.
3.5 We recommend that you take out suitable insurance cover in the event that you cancel your Booking and incur the Cancellation Fee.

4. Cancellations by Us
4.1 We may cancel your Booking at any time by reason of circumstances or events beyond our reasonable control including (but not limited to) acts of God, war, terrorism, riot, strike, lock out, trade dispute or labour disturbance, accident, fire, flood, storm, or other circumstances affecting our ability to perform our obligations. In such circumstances we may, at our discretion;
4.1.1 refund any Payments made; or
4.1.2 use our reasonable endeavors to transfer your Booking to another appropriate venue.
In any event, we shall have no further liability whatsoever owed to you.
4.2 We may cancel your Booking at any time without further liability to you if we reasonably believe that you:-
4.2.1 being an individual, shall suffer an interim order (within the meaning of the Insolvency Act 1986) to be made against you or enter into a voluntary arrangement or suffer the making of a statutory demand or the presentation of a petition for a bankruptcy order; or
4.2.2 being a body corporate or firm, shall enter into any liquidation, shall call any meeting of its creditors or shall have a receiver or receiver manager of all or any of its undertaking or assets appointed or shall suffer the appointment or the presentation of a petition for the appointment of an administrator under the provisions of Part II of the Insolvency Act 1986, or shall be deemed by virtue of Section 123 of the Insolvency Act 1986 to be unable to pay its debts
and the Cancellation Fee under clause 3 shall remain payable.
4.3 We may cancel your Booking at any time, including during an Event, if we reasonably believe that you are doing or proposing to do, anything (or are allowing, or proposing to allow, anything to be done) which we reasonably believe might prejudice our reputation or might result in any form of action being taken against us or our officers or employees. In such circumstances we will have no liability to you arising from such cancellation. In the event of such cancellation the provisions of clause 3 shall apply.
4.4 We may cancel your Booking at any time without further liability, if the boat hired for the Event undergoes any structural or engine works that would make it unsuitable for your Event to be held. In circumstances covered by this clause we may at our discretion:
4.4.1 refund any Payemnts made; or
4.4.2 use our reasonable endeavors to transfer your Booking to another appropriate venue.
In any event we shall have no further liability whatsoever owed to you.

5. Terms of payment
5.1 You will pay us:-
5.1.1 the Deposit, as set out in clause 2.1 at the time of Booking;
5.1.2 the remaining 75% of the boat hire charge and 90% of the Estimated Function Charge no later than 21 Working Days before the Event in accordance with clause 2.5.
5.2 We issue invoices for the payments due under clause 5.1 after they have been received by us and upon request only. After the Event, we will issue you with a final invoice in respect of the balance remaining and additional charges incurred by us on your behalf.
5.3 If you fail to make any of the payments mentioned in clause 5.1 on the due dates as set out in the Contract, we will treat your Booking as having been cancelled by you and the Cancellation Fee provisions in clause 3 will apply.
5.4 You must make all payments to us in Pounds Sterling by cash, cheque (with a suitable cheque guarantee card and payable to "Woods River Cruises"), banker"s draft, credit card or by BACS/CHAPS bank transfer to our bank account held at Clydesdale Bank Ltd, 91 Gresham Street, London EC2V 7BL, Sort Code 82-04-03, Account No 00554695, Account Name Woods River Cruises Ltd to ensure we have received cleared funds 21 Working days prior to the Event.
We will not accept any transfer charges relating to receipt of funds via wire transfers, CHAPS, BACS or any other form of electronic payment whether charged directly by your bank or any intermediaries. Your account will only be credited with the net funds received by us. Please ensure clear instructions are given to your bank (and any intermediary that you or your bank may use) that payment of all such transfer charges are your sole responsibility and not ours.
5.5 When you make a provisional reservation, we will agree an Estimated Function Charge with you. After the Event has taken place, we will invoice you the Final Payment. You must pay the Final Payment within 7 Working Days after the date of your Event.
5.6 The Boat hire charge is as stated on the Contract and is fixed from the Final Confirmed Numbers Date when you make your Booking. All other prices and costs are as listed in our price list as amended from time to time. Copies of such price list are available on request. Boat hire charge is Zero rated and all other prices are quoted exclusive of VAT. The Contract sets out the payments that are to be made by you together with the due dates.
5.7 If, at your request, we purchase goods/services from a third party or arrange additional facilities with the same, we will charge you for all costs incurred by us. We may add a handling charge which will form part of the Final Payment and will be payable in addition to any Cancellation Payment under clause 3.
5.8 If you do not pay any payments due under the Contract by the due dates we reserve the right to add interest to all amounts owing by you to us, at the annual rate of 4% above the published base rate from time to time of Barclays Bank Plc. Such interest shall accrue on a daily basis from the due date until the date of payment, whether before or after any judgment.

6. Maximum numbers
Each boat has a designated maximum number of persons that are legally allowed on board at any one time. The maximum number allowed depends on the type of boat. Full details will be made available at the time of the Booking.

7. Our liability
7.1 We shall be under no liability to you for any loss, damage or injury, direct or indirect, resulting from your Booking or to your equipment, furniture, stock or other items however arising (and whether or not caused by our negligence or that of our employees or agents).
7.2 We shall have no liability for any indirect or consequential losses or expenses suffered by you however caused and including (but not limited to) loss of anticipated profits, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims. It is to be noted that the cloakrooms provided for the customer and guests are not under constant supervision and that any property deposited therein is left there at the sole risk of the owner.
7.3 If you wish to leave any equipment, furniture or other items on board the Silver Fleet, we will only be liable for loss of, or damage to, such items, if such items are deposited by you, expressly for safe keeping with an appropriate member of staff of the Silver Fleet. We may, at our absolute discretion, refuse to accept items for safekeeping. You must collect all items deposited for safekeeping by such time as we may agree. If any deposited items have not been collected by you within 1 (one) week of their collection time, we may dispose of them.
7.4 Where we accept responsibility for safekeeping of your belongings and such belongings are either lost, stolen or damaged, our only obligation will be to replace or repair any lost or damaged items provided such belongings have already been insured to their maximum value and you first claim under such insurance. In any event, our liability to you under this clause is limited to a maximum of "250 for any one item and to a total of "2500 for all items.
7.5 Nothing in these Terms and Conditions limits our liability for death or personal injury resulting from our negligence.

8. Your liability
8.1 You shall be responsible for and shall indemnify us in respect of:
8.1.1 any loss or damage to the boat and its fixtures, fittings, equipment, stock or other items arising directly or indirectly as a result of negligent or deliberate acts and/or omissions by you; and
8.1.2 any claim brought by a third party against us arising directly or indirectly as a result of negligent or deliberate acts or omissions by you.
8.2 We recommend that you take out suitable insurance cover to protect you in the event that any of the above incidents occur.

9. Punctuality
9.1 The "Boarding at" and "Return at" times are not guaranteed by us. However, we will use our reasonable endeavors to comply therewith.
9.2 It is your responsibility to ensure the Guests are ready to board the boat by the "Boarding at" time and your responsibility to ensure the Event ends by the "Return at" time. You must vacate the boat by the "Disembark at" time.
9.3 We may make a further charge (as part of the Final Payment) for any additional expenses or costs we incur where;
9.3.1 delays are caused by you; and
9.3.2 you fail to vacate the boat of all guests by the "Disembark at" time and the equipment and contractors by the Break Down Time. We reserve the right at our discretion to charge additionally in this respect on a 30 minute basis.

10. Engagement of contractors
10.1 Subject to clause 10.2, if you have any particular requirements in relation to the Boat Set-Up we can arrange for this to be done or, alternatively, you may engage your own contractors to provide the Boat Set-Up.
10.2 All proposals for the Boat Set-Up, including plans and specifications, must first be submitted to our Events team in writing for approval no later than 10 Working Days prior to the Final Confirmed Numbers Date. The Event team member will provide his/her decision in writing within 7 Working Days thereafter.
10.3 You will procure that any outside contractors (including entertainers) whom you engage observe the Rules and these Terms and Conditions (where relevant). A copy of the Rules is available upon request. Unless your contractor signs a copy of the Rules, we will refuse them access to the boat.
10.4 You will indemnify us against all claims, expenses and costs we suffer or incur due to your contractors" acts and/or omissions.

11. Site work
11.1 You are not permitted to make any alterations, or cause any alterations, or cause any damage of any kind, to the boats or any Pier. If any such alterations are made or damaged caused, we will notify you as to whether we require you to put the boat or any Pier back to its unaltered state or make good the damage (at your own expense) or to pay for the damage to be made good. A member of the Silver Fleet crew will supervise all site work and check for any damage that might arise as contemplated in these Terms and Conditions. We will without prejudice to our legal rights charge you for that person"s time at our published hourly rate as well as compensation for loss of business whilst such damage is being repaired. Such charges shall form part of the Final Payment.
11.2 We expressly forbid the attachment of any Material to walls, floors, ceilings or pillars without permission in writing from the Event Manager.

12. Equipment
You are responsible for ensuring that all equipment used by you on the boats complies with any relevant statutory regulations and requirements.

13. Entertainment
13.1 It is your responsibility to ensure that all performers, bands and live acts contracted by you for the Event have public liability insurance to the value of at least "3,000,000 to cover any death of, or injury to any of our employees or any third party or loss of or damage to our, or any third party"s property resulting from the malfunction of their equipment and from their actions generally. You must produce on request a copy of the policy of insurance and evidence that it is in force. The use of dry ice and bubble machines must be approved of by the Silver Fleet in advance of its use.
13.2 The Events team member will have absolute authority to stop live acts or refuse them permission to perform.
13.3 Where live entertainment is provided or audiovisual equipment is used, the maximum decibel level at which you may use such equipment is 90 decibels.
13.4 You must give us full details of any live entertainment you intend to engage for the Event within 10 Working Days before the Event.
13.5 You must not show films or videos or perform plays without our prior written approval.
13.6 You must ensure that you observe the terms of our Alcohol Policy as set out in our Alcohol Policy Letter, a copy of which will be provided to you at the time of your booking.

14. Licences
14.1 It is your responsibility to ensure the orderly and safe conduct of the Event. You must ensure that nothing will be done which will constitute a breach of the law, may interfere with any other person"s use or enjoyment of the Silver Fleet and other Events or in any way cause a nuisance, or be an infringement of, or occasion or make possible any forfeiture or endorsement of the
licences held by us in respect of sale of alcohol or the performance of music and dancing. In particular, you will ensure that there is no illegal betting or gaming carried out on board the boats. Copies of our licences are available for inspection upon request.
14.2 We may be able to obtain extensions to the Silver Fleet"s liquor licences provided such a request is received in writing by us at least 28 Working Days before the Event. We will charge to you the costs of obtaining any such extension, which will form part of the Final Payment.

15. Security
If security is required we will provide security staff at our usual published rates. If you provide your own security staff for the Event, such staff must hold the Security Industry Association Badge (copy to be supplied 14 days prior to the event) and be approved by us in writing in advance.

16. General
16.1 No food or drink may be brought into or on the boats by you for consumption on board unless we have given you our prior written consent and, if we require, you have agreed to pay an additional charge.
16.2 The boat master shall have full responsibility for the boat and you must comply with all instructions and directions given by him/her or the Event Team member before, during and after the Event.
16.3 You must not sub-licence or share occupation of the boat, without our prior written consent.
16.4 You may only use the " Silver Fleet" name in advertising or publicity solely in connection with the Event, and not otherwise, provided also that you obtain our prior written approval as to the media, format, design and content of such advertising or publicity.
16.5 No forbearance or indulgence on our part in enforcing the Contract or these Terms and Conditions shall prejudice our rights under the Contract or these Terms and Conditions, nor shall it be construed as a waiver of such rights.
16.6 You may not assign, transfer or change your rights and/or obligations under these Terms and Conditions (or purport to do so) without prior written consent. We may assign, transfer or change our rights and/or obligations under these Terms and Conditions without needing further consent from you.
16.7 If you are more than one person, company and/or firm, any liability arising under these Terms and Conditions shall be the joint and several liability of all those persons, companies and/or firms (the "Principals") and any demand for payment made or notice given by us to any one or more of the Principals shall be deemed to be a demand or notice given to all Principals. We may release or discharge any one or more of the Principals from liability under this undertaking or compound with, accept compositions from or make any other arrangements with any of the Principals without in consequence releasing or discharging the others or otherwise prejudicing or affecting our rights and remedies against the other Principals.
16.8 Without written confirmation by the Silver Fleet, no other Terms and Conditions will apply and no variation of these Terms and Conditions will be effective.
16.9 The validity construction and performance of these Terms and Conditions shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
16.10 In the event of any claim or dispute arising under or in connection with these Terms and Conditions, the parties will attempt to settle such claim or dispute by negotiation. If any claim or dispute cannot be settled by negotiation within 21 days after either party has made a written offer to the other party to negotiate a settlement to such claim or dispute, the parties shall, before resorting to court, proceedings, attempt to resolve the claim or dispute by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If the parties have not settled any claim or dispute by mediation within 42 Working Days from the initiation of the mediation, the dispute shall be referred to and finally resolved by the courts in accordance with clause 16.9.
16.11 If for any reason there is a major fluctuation in the market price of a food or beverage item that has been offered as part of your Event, the Silver Fleet reserves the right to amend either the food or beverage item or charge the appropriate supplement.
16.12 The scheduled trip may be varied by the boat master at his/her absolute discretion in the event of his/her considering that such variation is desirable through any cause whatsoever, including but not limited to weather or tide conditions.
16.13 The customer undertakes that no tickets shall be issued or sold to the general public and that all persons who embark the boat are either invited by the individual booking the Event or are bona fide members of the company, firm or group named in the Contract.
16.14 These Terms and Conditions together with the Contract constitute the entire agreement and understanding between you and us in respect of the hire of a boat for your Event and supercede any prior written or oral agreement between you and us. You confirm that you have not entered into this agreement on the basis of any representations that are not expressly incorporated in these Terms and Conditions and/or the Contract.