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Arnold Clark Drum

Arnold Clark Drum -

Terms and Conditions

Arnold Clark Drum

Company Details

The Company referred to in these terms and conditions is Arnold Clark Automobiles Limited a company registered in Scotland (No: SCO36386) Registered Office: 454 Hillington Road, Glasgow G52 4FH. Head office phone number 0141 648 1200. Booking Enquiries 0141 952 6600.

 

Booking / Deposit / Final Payment

Provisional bookings will be accepted by the Company and held for 7 days, pending receipt of a completed, signed booking form together with a deposit of 25% of the agreed costs. The charterer will be sent a confirmation letter together with an invoice by the Company for the full amount and payment of the balance of the charter will be due not later than 6 weeks prior to the date of the charter.

 

Non-Availability

If, for any cause whatsoever, the Company is unable to make the vessel available, a mutually acceptable alternative date will be offered or alternatively, the deposit and any fees paid will be returned in full. The Company accepts no liability for any other costs incurred by the hirer arising as result of such cancellation.

 

Descriptions

Every effort has been made by the Company to give accurate descriptions of the vessel and her inventories. The Company disclaims any liability for minor inaccuracies and reserves the right to change or alter equipment at its discretion.

 

Insurance

The vessel is comprehensively insured by the Company including Third Party Liability. The insurance does not cover personal effects or vehicles left at the port of departure, responsibility for which remain solely with the hirer.

 

Departure / Arrival Times

As provided to you when your booking was made.

 

Numbers

The Company reserves the right to limit the number of persons chartering to 12 persons plus crew unless a RIB is also chartered for the day, when the maximum number can be increased to 24.

 

Cruising Area

Mainly the Firth of Clyde, West of Scotland and Ireland or elsewhere by arrangement to suit the charterer.

 

Clothing & Footwear

Waterproofs and life jackets (which must be worn) and other safety equipment is provided. Wear warm clothing, dressing in layers and include a hat, scarf & gloves. A change of clothing is also advised. Suitable footwear, such as deck shoes or trainers with non marking soles must be worn. Anyone arriving with inappropriate footwear will not be allowed to board the yacht.

 

Health & Safety

Due to the nature of the yacht, anyone coming on board will require to have an average level of fitness and be in good health. If the hirer or any guest has a pre existing medical condition, it is that person’s responsibility to obtain proper medical advice to ascertain it is safe for him/her to come on board. As the trip involves the hirer and guests participating in sailing the yacht if agreed, the hirer and all guests need to be reasonably fit. This means that all persons must be able to walk safely on deck and be able climb up and down the steps to access toilet facilities below decks. Should the Skipper of the yacht consider that it would be unsafe for someone to come aboard for any reason, his decision will be final.

 

Due to the type of vessel and the large amount of equipment on deck, the consumption of alcohol must be within reason and the decision of the Skipper is final on this matter.

 

Guests are not permitted to bring alcohol on board with them.

 

In the event that the hirer and/or guests are, in the reasonable opinion of the Skipper, under the influence of alcohol at the time of boarding, the Skipper may refuse the right to come aboard. The decision of the Skipper is final and no refund shall be offered in these circumstances.

 

Limitation of Liability

The Company will accept liability for the negligence of its staff causing you injury or death only to the extent that it is obliged under Scots law. The Company shall not (subject to any statutory requirement to the contrary) be liable for any injury, death, loss or damage caused by other passengers or any third party, nor will it be liable for any uninsured losses of your property, nor for any illness sustained during any voyage.

 

The Company accepts no responsibility for travel delays which prevent you and your party departing at the agreed time.

 

Invalidity

If any part of these Terms & Conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms & Conditions will not be affected, with all other clauses remaining in full force and effect. So far as possible, where any clause or part of a clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause as is permitted by law.

 

Authority

You and the members of your party agree to accept the authority, decisions and instructions of the Company’s employees, during your voyage. At all times the decision of the Company’s Skipper will be final on all matters. You and your party must adhere to instructions and discipline issued to you by the Skipper. If there is any discrepancy in instructions issued, those of the Skipper shall prevail. Although the Skipper will try to meet any reasonable requests to visit specific places, there is no guarantee and this is entirely at the discretion of the Skipper. Should you or your guests interfere with the wellbeing of the crew through disruptive or difficult behaviour, the Skipper has full authority to dismiss you from the yacht at the nearest suitable location and in such an event you will have no recourse to any refund.

 

If the Skipper decides that the yacht shall not sail at any time due to adverse weather conditions or should return after departure for any other reason which the Skipper considers necessary to ensure safe passage, the Skipper’s decision will be final.

 

Flexibility

The hirer and all guests acknowledge and accept that any voyage requires flexibility since it will be subject to factors beyond the Company’s reasonable control occurring at short notice, such as weather, indisposition of Skipper and/or crew, defects to the yacht or its equipment, climatic and other unpredictable or unforeseeable circumstances.

 

Further Information

Please view the Arnold Clark Drum website www.arnoldclarkdrum.com which gives in depth information on the yacht as well as answers to frequently asked questions about various aspects of your trip.

 

Force Majeure

Any failure by the Company to perform any of its obligations under this Agreement by reason of the performance of any clause being beyond the reasonable control of the Company shall be deemed not to be a breach of this Agreement.

 

Complaints Handling Procedure

In the event of a complaint or dispute of any kind our complaints handling procedure is available from us on request.

 

Governing Law and Jurisdiction

These Terms & Conditions are to be construed in accordance with Scots Law and irrespective of your place of domicile. In the event of any dispute associated with these Terms & Conditions, that dispute shall be subject to the exclusive jurisdiction of the Scottish courts.