For ‘THE BARGE CRUISE COMPANY LTD’

These apply to all barge bookings made through us, and will be complimented by the individual barge’s Terms and Conditions, where relevant. Copies of these will be made available to you at the time of booking.

Agency Status and Owners’ Conditions – The Barge Company (“we”) act only as agents for barge owners and contractors (“owners”) whose services are featured on the Price List and in our brochure. We do not own any barges or provide any services other than booking your chosen barge. Your contract will be with the owner (s) of your chosen barge. The following terms and conditions will form the basis of your contract. Some owners will have additional terms and conditions, which will also form part of your contract – you will be advised of these at the time of booking where applicable. Where there are any differences between these terms and conditions and those of the owners on the same point, the more restrictive provision(s) (from your point of view) will apply.

Payment Schedule – When you make your booking, the first named person must complete and sign a Booking Form, accepting on behalf of all members of the party the terms of these booking conditions and other terms noted above and pay a deposit of 25% of the total price (35% may be required for charter bookings) at the time of booking. A contract will exist between you and the owner when we confirm your booking in writing. We will upon confirmation issue your confirmation invoice (which will confirm specific cruise inclusions). The balance of the cruise must be paid at least 75 days before the cruise. Please note, if you book through a travel agent, all monies you pay to that agent will be held by the agent on your behalf until they are paid to ourselves or the owners (whichever is first).

Cancellations by You – You may cancel your booking at anytime provided that the cancellation is communicated to us in writing directly or by the travel agent with whom you made your booking. The notice of cancellation will only become effective when it is actually received by us. Cancellation results in administration costs and the risk that your holiday may not be resold. If your notice of cancellation is received by us more than 90 days before the scheduled departure date of your cruise, your deposit will be retained. If, for whatever reason, the barge owner concerned is prepared to refund the deposit paid, you must pay an administration fee of $100 per person plus all expenses we incur as a result of cancellations such as telephone calls, bank transfer charges etc. to cover our costs. This fee and these expenses must be paid before any refund will be made. Owners are not obliged to make any such refund and where they do so this is purely on a good will basis. If your notice of cancellation is received by us 90 days or less before the scheduled departure date of your cruise, the full cost of your cruise will remain payable and no refunds will be made unless your place(s) on the cruise is/are resold in which case you will receive a refund of all monies paid less your deposit and any differences between the price you paid and the price paid by the replacement passenger(s). Such a refund will only take place after the cruise has taken place.

Complaints – We and the owners make every effort to ensure that you have a trouble free cruise. In the event of a complaint concerning your cruise, you should immediately report it to the barge crew and to the relevant barge owner, specifying in writing all the details in order to give a fair opportunity to investigate the matter. The complaint should be followed by a formal notice of complaint which must be received by us or the barge owners no more than 28 days after your return from the cruise. If your complaint relates to the booking service we provide, you must notify us in writing as soon as possible and in any event within 28 days of your return from the cruise. Owners and The Barge Company Limited have no liability in relation to any claim, which is not notified in accordance with this clause.

Changes or Cancellations By Owners – It is unlikely that changes to your cruise will have to be made but arrangements are made many months in advance. Sometimes changes have to be made and bookings have to be cancelled, which the owners have the right to do at any time. Changes can include: changes to your itinerary, cruise dates, embarkation and disembarkation points, a change of region or reduction in the standard of the cruise. We will inform you or your travel agent of any such change when you book, or, if you have already booked, as soon as it is reasonably possible if there is time to do so before departure. While every effort has been made to ensure accuracy in our brochure, we cannot be held responsible for changes in cruise dates, cruise fares, itineraries and other changes, errors or omissions that may occur.

Force Majeure – Neither the owners nor ourselves can accept any liability for any failure to perform or any improper performance of any of our respective obligations which result from any even which the owner in question or ourselves, as applicable, could not, even with all due care, foresee or avoid. Such events will generally include war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, mechanical or technical problems with the barges, fire, adverse weather conditions, waterways repairs or regulations, flood, drought or any other reason outside the reasonable control of the owner or, where applicable, ourselves. Owners reserve the right to curtail cruises if necessary due to ‘force majeure’ In this very unusual event, the owner will refund such part of the payment the owner received from you as relates to the part of the cruise which was not provided as a result. However, neither the owner or ourselves can accept any further liability. No expenses or costs incurred by you can be met.

Responsibilities – We, as agents for the owners, are not liable for any failure to perform or improper performance of any service(s) or obligation(s) by any owners or for any act(s) or omission(s) of any owners, agents or suppliers. We do of course accept responsibility for the acts and omissions of our own employees providing they were at the time acting within the scope of their employment. Except for death, injury or illness caused by negligence on the part of any owners or their employees (whilst acting in the scope of their employment) the owners limit any liability they may have to you to a maximum of the cost per person of the cruise in question paid or on behalf of the person affected. In addition, the owners limit their liability in accordance with international conventions, where applicable.

Insurance – It is a condition of booking your chosen barge that you arrange holiday insurance against personal accident, injury or illness, loss, damage or theft of personal effects and trip cancellations. The policy must also offer a 24 hour emergency telephone and repatriation service. In the event of an emergency should you not have adequate insurance cover, although the owner/we will offer reasonable assistance, you will be responsible for any costs involved and must indemnify the owner and ourselves, as applicable, for all costs and expenses incurred in connection with assisting you.

Surcharges – The right to increase fares in the event of adverse exchange rate fluctuations, substantial increase to transport costs (including the cost of fuel) or government imposed increases to taxes/ fees is reserved. Increases up to a total amount equivalent to 2% of the cruise price will be absorbed and only amounts in excess of this figure will be surcharged. Surcharges will not be imposed once the full payment of your cruise is received.

Damage – You are responsible for any breakages or damage caused during the cruise and it is your responsibility to either put right the damage or pay the full cost of the repair or replacement as appropriate to the barge crew before the end of the cruise.

Governing Law – These conditions are governed by English Law, and all parties shall submit to the jurisdiction of English courts at all times.