Terms and Conditions for all direct holiday bookings
1. Your Contract
Your contract is with Norfolk Broads Direct Ltd (referred to throughout these terms & conditions as “NBD”). Any contract to hire a boat or cottage listed on this website incorporates the conditions below and is between NBD and you as the hirer. The contract does not take effect until NBD despatch confirmation of your booking to you by email. The contract is made in England and is governed in all aspects by English Law.
2. Booking
All Correspondence will be sent to the email address on your booking (or postal address in the absence of an email address). NBD may refuse to accept a booking at its discretion and will not accept any booking form signed by a person less than 18 years old. For cruiser holidays, NBD requires a minimum of two adults on board capable of controlling the boat at all times and taking charge in an emergency. Any decision to allow parties not meeting this requirement – for example, one adult with a child of 14 years or over – will be at the discretion of NBD.
3. Payments
You must make an initial payment when booking. This is typically 25% of the total holiday cost and comprises your booking deposit in part payment for the cost of your boat or property and your Cancellation Protection payment (mandatory). It will be refunded if your booking is not confirmed. The balance of the holiday price must be received by NBD no later than 70 days before the holiday start date. If booking within 70 days, full payment must be made when booking. If final payment is not received as required, NBD may cancel the booking and apply charges (see para 9). Travel documents will not be released until full payment has been received by NBD. Cheques are not an accepted form of payment, and NBD may recover the cost of any bank charges or other costs incurred in handling returned payments and foreign currency transactions.
4. Low Initial Payment
When NBD offer opportunities to book holidays with a low initial payment, the following conditions apply:
(a) the remainder of the standard initial payment will become due on 1st February in the year of the holiday arrival, with the remaining balance due under the terms of para 3 above;
(b) if you cancel your booking (see para 9), you will be required to pay the balance of the deposit which would normally have been payable in the absence of any promotion.
5. Price Guarantee
NBD guarantees that there will be no surcharges within 70 days of your departure but reserves the right to alter the price of any of its holidays before you make your booking.
6. Hire Terms
All hire terms are inclusive of VAT and quoted in £ sterling per boat/property per holiday, equipped as described unless otherwise stated. As soon as the booking is confirmed by NBD the hire terms are guaranteed unless there is a change in the rate of VAT (any such change to be at the discretion of NBD).
7. Insurance
Protection against cancellation or curtailment of your holiday for certain qualifying reasons (see para 9 below) is included in the cost of your holiday. We strongly recommend that you have adequate personal insurance cover for your holiday needs, as NBD are unable to provide insurance. NBD are not responsible for loss or damage to any of your personal effects or your vehicle whilst it is parked on our site.
8. Alterations by You
If you wish to change your booking after NBD has issued your confirmation, NBD will do its best to help but has no obligation to make any change. Transfer from one boat to another may be possible, subject to availability and payment by you of any difference in the hire price at the time of making the alteration. If NBD are able to make changes, an administration fee of £35 may be charged. Please note that major changes may be treated by NBD as a cancellation by you and will be subject to charges as described in para 9.
9. Cancellation by You
If you are forced to cancel your booking, you must notify NBD immediately by telephone and send written confirmation by email or recorded delivery post, signed by the person who made the booking. The cancellation will be effective from the date written confirmation is received by NBD. If the reason for cancellation is within the terms of the NBD cancellation protection (see below), you will receive a refund of monies paid less a cancellation administration fee of £35. If the reason for cancellation falls outside its terms, NBD will make a charge:
(a) cancellation 70 days or more prior to start date: NBD will retain the initial payment only. If you have not paid the full initial payment shown in your booking confirmation at the time of booking, you must pay the shortfall;
(b) cancellation less than 70 days before start date (or if NBD cancels because you fail to pay the balance of the holiday price as required by para 3) – you will be liable to pay the whole balance less any hire charges NBD may be able to recover by re-letting the boat. It is not possible to make refunds for any services booked but not used.
Qualifying Reasons for Cancellation of your Holiday that fall within the NBD cancellation protection:
Death, serious illness, serious bodily injury, pregnancy or childbirth providing pregnancy commences after the insurance is effected. Jury service, witness call.
Travel restrictions relating to a pandemic event affecting either you or NBD.
Redundancy, as long as the employment has been continuous with the same employer for at least two years. Cancellation of arranged leave in respect of a member of HM Forces or police.
Unexpected occupational postings within six weeks of the commencement date of the holiday or involving an occupational transfer in excess of 50 miles.
Fire, storm, flood, subsidence or malicious damage rendering the home uninhabitable.
Police requiring presence following a burglary or other incident at home or place of business.
Death, serious injury or serious illness of any member of your immediate family, fiancé(e), close business associate, partner or co director.
Cancellation protection only applies where the person making the booking has been directly affected by the qualifying reason identified above. In cases where multiple units of accommodation are booked together, cancellation protection is limited to the single cruiser or cottage which was (or would have been) occupied by the person directly affected.
Please note that your reason for cancellation must not have been within your knowledge at the time of booking.
10. Alterations by NBD
NBD reserves the right to make changes when they become unavoidable or necessary. If a material change is made to your holiday, NBD will inform you as soon as reasonably possible. A material change is one that is a significant change of location or a change of boat to that of a lower category or price. In the event of material change you may choose to:
(a) accept the alteration and the contract will be varied accordingly.
(b) purchase an alternative NBD holiday (where available) with credit being given for the price of the cancelled holiday; or
(c) cancel and receive a refund of monies you have paid.
11. Cancellation by NBD
NBD will not cancel your holiday within 70 days of your holiday start date other than due to:
(a) Unusual or unforeseeable circumstances beyond NBD’s control such as war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions including flooding of waterways.
(b) Your failure to pay the balance of the holiday price within the time stipulated.
(c) A failure to comply either with our terms and conditions, or with the waiver signed by you prior to the commencement of your holiday.
NBD may cancel your holiday at its absolute discretion on or before the date when payment of the full holiday price becomes due. If NBD cancel, they will inform you as soon as reasonably possible and you will be offered either:
(a) a holiday of comparable standard (if available) together with a full refund of any price difference; or
(b) a full refund of any monies you have paid.
NBD may at its absolute discretion either refuse to hand over a boat or terminate a holiday where in the opinion of NBD a person or group is likely to cause damage, distress or annoyance to other persons or property. In such event NBD will be under no obligation to refund, compensate or indemnify you.
12. Start and finish of your boating holiday
(a) unless otherwise stated, the time of boarding the boat on the hire start date is 4:00pm for holidays of 7 nights or more, and 2:30pm for short breaks of 3 or 4 nights;
(b) in the event of mechanical failure, the right is reserved to delay departure until a repair is effected;
(c) NBD will give you a demonstration and explain the controls of the boat and its equipment. You must notify NBD of any faults in the equipment of the boat identified either before or after the boat leaves the boatyard so that they can be rectified. Any issues with the cleanliness of either a boat or property must be notified prior to leaving the boatyard on the arrival day.
(d) non-arrival at the boatyard by midday on the day following your start date without prior notification shall entitle NBD to treat the booking as cancelled as per para 9;
(e) unless otherwise stated you must return the boat (with all gear and equipment) to the boatyard in a clean and tidy condition by 9am on the final day of hire. A charge will be made if the boat is returned late or is not clean and tidy, with all rubbish being removed before leaving the boatyard.
13. Accidents
You are responsible for the boat’s safe navigation and must take all reasonable care. No minor may control the boat without the direct supervision of an adult. In the event of damage to the boat rendering it inoperable, however caused, no responsibility can be accepted by NBD for loss of time or cost of alternative accommodation or any other damages or occasioned expenses. In the case of any accident or damage to the boat or any other craft or to waterway property or any third party’s property, you must, for insurance reasons:
(a) record the name of any other boat involved with names, addresses and phone numbers or other contact details of its owner or hirer (where applicable); and
(b) immediately report these facts by calling the boatyard and providing full details of the incident and the extent of the damage; and
(c) report the full details by email to NBD as soon as possible after the incident (or in writing on return from your holiday if you do not have access to email), quoting your booking reference number. No repairs may be put in hand without NBD’s consent. On returning the boat at the end of your holiday you must inform NBD of any damage or items broken, lost or stolen.
14. Damage Waiver
Although boats are insured by NBD you are primarily responsible for any damage to the boat, its equipment or to any third party property and for loss of equipment. A non-refundable damage waiver is included in the cost of your holiday, which indemnifies you for any accidental damage to the boat and its equipment, accidental damage to third party property, and loss of equipment. It does not indemnify you or your party for the cost of wilful, criminal, reckless or negligent damage, for which you will remain fully responsible and liable.
15. Delays
Every boat is checked before the start of each hire and in the event of a mechanical failure the right is reserved to delay departure until a repair has been effected, so it is unlikely that your boat will suffer a mechanical breakdown. If a breakdown of any kind occurs, you must report it to NBD immediately so that repairs can be made to enable you to resume your cruise. Provided that NBD is so informed, they will take steps to repair the boat and/or its equipment as speedily as practicable in the circumstances. Apart from these obligations, NBD shall not be liable in any respect for any indirect or consequential loss or damage, whether financial or otherwise, suffered as a result of such a breakdown. NBD shall not be responsible for the consequences of delays or restrictions on cruising arising from obstruction, repairs or damage to waterways, flooding, shortage of water, industrial action or other circumstances beyond their control. The right is reserved to restrict cruising if unusual or hazardous conditions prevail.
16. Loss of Water
You are responsible for any charges made by waterways authorities in respect of loss of water or damage to waterway property caused by you while in charge of the boat.
17. Navigation Restrictions and Bye-Laws
On no account may you:
(a) tow, or be towed by other cruisers unless with professional assistance;
(b) cruise after dark (your boat is not equipped or insured for night navigation);
(c) permit your boat to be taken out to sea.
You must navigate in accordance with current bye-laws and must observe the speed limits applicable to the waterway. No hire boats may be taken below Haven Bridge, Great Yarmouth or through the lock at Oulton Broad. More detailed information will be provided at the boat yard.
18. Hirers’ Equipment
You may not take on the boat, without NBD’s prior permission, portable heaters of any type, lighting equipment or anything which may cause danger to the boat, its equipment or its occupants.
19. Injury or Damage to you or your property
NBD is not liable for death, personal injury, or loss or damage to you or your property, or any property belonging to or in the possession of you or any member of your party (including any vehicles or their contents parked at the boat yard) unless it is caused by NBD’s negligence or wilful default.
20. Party Members with limited mobility.
If any members of your party have limited mobility, you must enquire as to the suitability of the boat at the time of booking. Whilst no guarantee can be given, NBD will offer assistance and advice so far as is practical. Our holiday cruisers are not suitable for mobility scooters.
21. Extra Persons
The number of persons indicated for each boat must not be exceeded except where provision for extra persons is specified in individual boat descriptions.
22. Optional Extras
Optional extras such as dinghies and dog life vests may be available at extra charge, subject to availability on your hire start date.
23. Pets
Up to two pets are normally allowed on board a boat unless otherwise stated in the boat details, at an extra charge. If you wish to take more than one pet, you must obtain prior permission.
24. Security Deposits
A security deposit may be charged if it is considered that a party may present a heightened risk of damage to the boat or of complaints by other river users – for example, single sex parties or groups hiring multiple boats. The decision to charge a security deposit is at the discretion of Norfolk Broads Direct and is intended to protect our property as well as the enjoyment of other river users.
Any security deposit charged will be paid by card and is repayable if the boat is returned on time, in a clean and undamaged condition, and if no justified complaints have been received about behaviour or damage to other boats or property. Security deposits are a minimum of £500 for boats with up to 7 berths and a minimum of £1,000 for boats with 8 berths and over.
25. Modifications and Descriptions
Every effort has been made to ensure that individual boat descriptions contained in a brochure, on the website or on other platforms are correct. However, the right is reserved to make modifications to boat specifications that are considered necessary in the light of operating requirements. Layout plans are for general guidance and are not to scale. Illustrations and photographs of standard production built boats are sometimes used and the interior and exterior colour scheme and layout of your boat may therefore not be identical with the one shown online or in a brochure.
26. Force Majeure
Neither party shall be held liable for failure or delay in the performance of their obligations under this contract, if such performance is delayed or hindered by the occurrence of an unforeseeable act or event which is beyond the reasonable control of either party (“Force Majeure Events”).
Acts or events constituting Force Majeure Events shall include, but not limited to Act of God, pandemic events, government intervention, directives or policies.
The party affected by a Force Majeure Event shall notify the other as soon as soon as reasonably practicable after commencement of a Force Majeure Event.
27. Disputes
Any dispute, difference or question which may at any time arise out of the contract or the subject-matter thereof shall be referred to a single arbitrator to be agreed upon between the parties (or failing agreement to be nominated by the Chartered Institute of Arbitrators on the application of either party) in accordance with the provisions of the Arbitration Act, 1996, or any statutory modifications or re-enactment thereof for the time being in force.
28. Your rights
Your statutory rights are not affected by anything contained within these conditions.
These conditions supersede all previous issues.
