Bourne
This page tells you information about us and the legal terms and conditions (Terms) on which we provide any of the services (Services) listed on our website (our site) to you.
These Terms will apply to any contract between us for the supply of Services to you (Contract). Please read these Terms carefully and make sure that you understand them before booking any Services from our site. Please note that before placing a booking you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to book any Services from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to book Services, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.thamesluxuryboathire.co.uk. We are Thames Limo Limited, a company registered in England and Wales under company number 08771431 and with our registered office at 18 The Polygon, Clapham Old Town, London SW4 0JG. Our main trading address is the same, although please be aware that we operate from Imperial Wharf Marina, The Boulevard, London SW26 2ZT.
1.2 Contacting us if you are a consumer:
1.2.1 If you wish to contact us for any reason, including because you have any complaints, you can contact us by telephoning 077 458 2000 or by e-mailing us at bookings@thameslimo.co.uk.
1.2.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your booking.
1.3 Contacting us if you are a business. You may contact us by telephoning 0770 458 2000 or by e-mailing us at bookings@thameslimo.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 14.3.
2. Our Services
2.1 The images of the Services on our site are for illustrative purposes only. Your Services may vary slightly from those images.
2.2 We will supply the Services to you on the date and time set out in the booking.
2.3 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 13 for our responsibilities when an Event Outside Our Control happens.
2.4 We may have to suspend the Services if we have to deal with technical problems. We will contact you to let you know in advance as soon as possible if this occurs using the contact details you have provided when making your booking, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 2.4.
2.5 Our Services are suitable for adults, however heavily pregnant women will not be allowed on board. In certain situations and with our prior agreement, small children are allowed on board. Sharp objects or toys are not permitted on the vessel and children are to be supervised at all times. Regrettably no wheel chair access on board.
2.6 We operate a strict no smoking policy. Drugs, other illegal substances and candles are not permitted on board.
2.7 It is your responsibility to ensure that you are in sufficient health to board the vessel. If you are on medication, suffer from a severe medical condition, or have any disability or limited mobility we ask that you inform us when making your booking.
2.8 We reserve the right to terminate the Services if your behaviour is deemed dangerous or distracting to the Capitan or any third parties. This includes drunkenness, smoking and abuse towards our crew.
2.9 As part of our Services we offer a transfer service to airport links and hotels. If you are travelling with luggage, weight restrictions will apply. The vessel accommodates 10 people without luggage, with luggage only a maximum of 8 people are allowed on board.
2.10 As space is limited we ask that you keep hand luggage to a minimum during guided river trips and tours.
2.11 If you have a special request, please inform us in writing when making your booking. We will aim to meet your needs but cannot guarantee that every request will be met. Special requests are subject to availability and will be confirmed by us in writing.
2.12 If you ask us to provide additional services for which we have to engage a third party for example, licensed tour guide, photographer, flowers or catering, we cannot accept any responsibility as to the quality of the services provided by the third party. In the unlikely event you have any problems with the additional services provided you should liaise directly with the third party provider.
2.13 We request that no heels be worn on the vessel and that no dark liquids or food be consumed on-board.
2.14 You agree to allow us the right to use any photographic images taken of the vessel or on the vessel unless you inform us otherwise.
2.15 Please note that embarkation and disembarkation times may vary slight from the booking times agreed due to traffic on the piers. Also certain pier stops may not be available on the date and/or time of your booking due to operating hours, weather or tide conditions, in such circumstances, we will use the nearest pier available to the pier booked.
2.16 During July and August, we have a minimum hire requirement of 3 hours.
2.17 Travel time is counted as chartered or booked time.
3. How we use your personal information
3.1 We will use the personal information you provide to us to:
3.1.1 provide the Services;
3.1.2 process your payment for such Services; and
3.1.3 inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
3.2 We will not give your personal data to any third party.
4. If you are a consumer
This clause 4 only applies if you are a consumer.
4.1 If you are a consumer, you may only book Services from us if you are at least 18 years old.
5. If you are a business customer
This clause 5 only applies if you are a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Services.
5.2 These Terms constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
6. How the contract is formed between you and us
6.1 Our Services page will guide you through the steps you need to take to make a booking with us.
6.2 After you place a booking, you will receive an e-mail from us acknowledging that we have received your booking. However, please note that this does not mean that your booking has been accepted. Our acceptance of your booking will take place as described in clause 6.3.
6.3 We will confirm our acceptance to you by sending you an e-mail that confirms that your booking has been confirmed (Booking Confirmation). The Contract between us will only be formed when we send you the Booking Confirmation. Payment in full is required at this point.
6.4 If we are unable to supply you with the Services, for example because we cannot meet your requested date or because of an error in the price on our site as referred to in clause 9.4, we will inform you of this by e-mail and we will not process your booking. If you have already paid for the booking, we will refund you the full amount as soon as possible.
7. Our right to vary these Terms
7.1 We may amend these Terms from time to time.
7.2 Every time you make a booking with us, the Terms in force at the time of your booking will apply to the Contract between you and us.
7.3 We may revise these Terms as they apply to your booking from time to time to reflect changes in relevant laws and regulatory requirements.
7.4 If we have to revise these Terms as they apply to your booking, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel your booking. If you opt to cancel, we will arrange a full refund of the price you have paid.
8. Your consumer right to cancel and applicable refund.
This clause 8 only applies if you are a consumer.
8.1 Before we provide the Services, you have the following rights to cancel a booking for Services, including where you choose to cancel because we are affected by an Event Outside Our Control:
8.1.1 you may cancel your booking for Services a month (30 calendar days) before the date on which the Services are to be provided by contacting us. We will confirm your cancellation in writing to you;
8.1.2 if you cancel your booking under clause 8.1.1, please note that 25% of the charter fee plus any other costs We have reasonably incurred in the preparation of your booking will be deducted from any refund that is due to you. We will tell you what these costs are when you contact Us;
8.1.3 If cancellation request has been sent to us less than 30 days prior to booking taking place, we reserve the right to deduct 50% of the total booking value.
8.1.4 however, if you cancel your booking under clause 8.1.1, within 96 hours of the date on which the Services are to be provided, or you do not show up at the agreed time and place, you will receive no refund for services or catering on board.
8.1.5 however, where you have cancelled your booking because we have been affected by an Event Outside Our Control, you will receive a 100% refund of the price.
9. Price
9.1 The price of the Services will be set out on our site. Our prices may change at any time, but price changes will not affect bookings that we have confirmed with you. Please note that you may be charged up to £500 per hour waiting time (or a portion thereof) in the event you do not arrive at the time set out in your booking as We will be charged for overstaying the pre-booked time at the pier and incur extra costs for fuel, crew etc.
9.2 Where we are providing Services to you, we will ask you to make an advance non-refundable payment of 25% of the price of the Services with balance of payment due at least 31 calendar days before said booking taking place. Your rights to a refund on cancellation are set out in clause 8.
9.3 If you do not make any payment due to us by the due date for payment, we will cancel your booking.
9.4 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If we discover an error in the price of the Services you have booked we will contact you to inform you of this error and we will give you the option of continuing with the booking at the correct price or cancelling your booking. We will not process your booking until we have your instructions. If we are unable to contact you using the contact details you provided during the booking process, we will treat the booking as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price.
10. How to pay
10.1 You can pay for the Services using a debit card or credit card and fees will apply depending on which card is used. Currently our credit card fee incurs a 3.5% charge and no charge is made for direct payments into our bank account.
10.2 Payment for the Services is in advance.
11. Our liability if you are a Consumer
11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
11.2 We only supply the Services for domestic and private use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not exclude or limit in any way our liability for:
11.3.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
11.3.2 fraud or fraudulent misrepresentation;
11.3.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
11.3.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
11.3.5 defective products under the Consumer Protection Act 1987.
12. Our liability if you are a business
This clause 11 only applies if you are a business customer.
12.1 Nothing in these Terms limits or excludes our liability for:
12.1.1 death or personal injury caused by our negligence;
12.1.2 fraud or fraudulent misrepresentation;
12.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
12.1.4 defective products under the Consumer Protection Act 1987.
12.2 Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
12.2.1 any loss of profits, sales, business, or revenue;
12.2.2 loss or corruption of data, information or software;
12.2.3 loss of business opportunity;
12.2.4 loss of anticipated savings;
12.2.5 loss of goodwill; or
12.2.6 any indirect or consequential loss.
12.3 Subject to clause 12.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 90% of our insurance cover from time to time.
12.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, river closure, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
13.3.1 we will contact you as soon as reasonably possible to notify you; and
13.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of Services to you, we will arrange a new date with you after the Event Outside Our Control is over.
13.4 You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us.
14. Communications between us
14.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
14.2 If you are a consumer you may contact us as described in clause 1.2.
14.3 If you are a business:
14.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
14.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at 1 Wingate BX, 64-66 Wingate Square, Clapham Old Town, London SW4 0AF; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting or if sent by e-mail, one business day after transmission.
14.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. Other important terms
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
15.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
