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), and they apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. 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 13. 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.
YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 11 (LIMITATION OF LIABILITY)
1. Information about us
1.1 We operate the website www.ultramarine.ltd. We are Ultramarine Powerboat Services Limited, a company registered in England and Wales under company number 12337569 and with our registered office at Westfield House, Howe Lane, Goxhill, Barrow-Upon-Humber, England, DN19 7HS, although please be aware that we operate from any suitable slipway or beach, but primarily those adjacent to Hessle Foreshore, Cliff Road, Hessle, East Yorkshire, HU13 0HE and Barrow Haven Boatyard, Ferry Road, Barrow Haven, Barrow-upon-Humber, North Lincolnshire, DN19 7ET (these two sites being the Primary Launch Sites).
2. Contacting us
2.1 You may contact us by telephoning 07811 827209 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 14.
3. Our Services
3.1 The images of the Services on our site are for illustrative purposes only. Your Services may vary slightly from those images.
3.2 We will make every effort to supply the Services to you on the date and time set out in the booking. However, there may be delays due to an Event Outside Our Control. See clause 12 for our responsibilities when an Event Outside Our Control happens.
3.3 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. For the avoidance of doubt, any interim invoices for the Services will not include charges for the Services which are not performed during any suspension under this clause 3.3.
3.4 The Services shall be provided at the discretion of the Captain of the vessel, having regard to the nature of the Services, the safety of embarkation and disembarkation, and the fact the vessel is a Maritime and Coastguard Agency category 4 vessel, which is permitted to operate no more than 20 nautical miles from a safe haven in favourable weather and daylight. If the Services cannot be provided, we will, at our discretion, offer alternative dates and times for the performance of the Services. We will contact you to let you know in advance as soon as possible if the Services cannot be provided, using the contact details you have provided when making your booking, unless the situation arises during the safety briefing detailed in clause 3.14 or during the performance of the Services.
3.5 Our Services are suitable for adults, however, pregnant women will be allowed on board at the Captain’s discretion. In certain situations, with our prior agreement and subject to the availability of a suitable buoyancy aid, children are allowed on board. Sharp objects or toys are not permitted on the vessel and children under 16 are to be accompanied by an adult and supervised at all times.
3.6 We operate a strict no smoking policy. Drugs, other illegal substances and naked flames (e.g. candles, barbecues) are not permitted on board.
3.7 It is your responsibility to ensure that you are in sufficient health to board the vessel. If you are on medication, suffer from a medical condition, or have any disability or limited mobility we ask that you inform us when making your booking. All passengers will be required to complete a ‘fitness to travel’ declaration before embarking. An adult will be required to complete this declaration for all children under 16 for which they are responsible during the performance of the Services.
3.8 We reserve the right to terminate the Services if your behaviour is deemed dangerous or distracting to the Captain or any third parties, and no refunds shall be paid in such circumstances.
3.9 The vessel accommodates 4 people (not including a Crew of 2 people), subject to a maximum weight of 450 kilograms. Any equipment to be brought aboard the vessel by passengers shall be with our prior agreement, provided that passengers may bring personal cameras or recording equipment aboard. Should you wish to appoint one of your party to be part of the Crew, alongside the Captain of the vessel, then the vessel will accommodate 5 people (not including the Captain), provided that the appointment of that person to be part of the Crew shall be at the Captain’s discretion.
3.10 If you ask us to provide additional services for which we have to engage a third party, for example, licensed tour guide or photographer, 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.
3.11 We request that no heels be worn on the vessel.
3.12 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.
3.13 Please note that embarkation and disembarkation times may vary slightly from the times agreed in the Booking Confirmation due to traffic on the Humber and Events Outside Our Control and the Captain may, at its discretion, make minor alterations to the itinerary agreed in the Booking Confirmation, having regard to the safety of the passengers.
3.14 All members of a party must be at the embarkation point 45 minutes prior to the departure time scheduled in the booking, for the delivery of a safety briefing and the issue of, and instruction in the use of, personal protective equipment during the performance of the Services. If any members of a party are late, we reserve the right not to provide the Services and no refunds shall be paid in such circumstances.
4. How we use your personal information
4.1 We will use the personal information you provide to us, including the names, postal and email addresses, phone numbers and details of medical issues, to:
4.1.1 provide the Services;
4.1.2 process your payment for such Services; and
4.1.3 inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
5. Basis of the Contract
5.1 You confirm that you have authority to bind any business on whose behalf you purchase Services.
5.2 These Terms constitute 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, either through the dedicated booking pages on our website, or via the email address in clause 2.1. It is your responsibility to ensure that the terms of your order are complete and accurate, and you co-operate with us in all matters relating to the Services.
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, which will include details of the price and the itinerary agreed between us.
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 7.9, 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.
7.1 We will agree the price of the Services with you, including any additional costs, including but not limited to:
7.1.1 mileage in providing the Services from sites other than the Primary Launch Sites;
7.1.2 notices to mariners issued by the statutory port authority; and
7.1.3 resolving any logistical issues relating to the equipment to be brought on board the vessel,
before sending the Booking Confirmation.
7.2 If you wish to change the scope of the Services after we accept your booking, and we agree to such change, we will modify the price of the Services accordingly.
7.3 Where the Services are to be provided over one trip and/or session, we will issue our invoice for the Services upon completion of the performance of the Services.
7.4 Where the Services are to be provided over several trips and/or sessions, we reserve the right to issue monthly invoices, in arrear, for the Services.
7.5 Payment is due to us in full and in cleared funds within 30 days of the date of the invoice and we reserve the right to charge you interest on the bill (including any interim invoices) from the date of the invoice in cases where payment is not made within 30 days of delivery by us of the invoice or any amount of the invoice which remains outstanding. We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998. Time for payment shall be of the essence of the Contract.
7.6 Our prices may change at any time, provided that:
7.6.1 where the Services are to be provided in a single trip or session, price changes will not affect bookings that we have confirmed with you in the Booking Confirmation; but
7.6.2 where the Services are to be provided over several trips and/or sessions, changes to our prices will apply 30 days after we have notified you of such changes.
7.7 Without prejudice to our rights under clause 7.5, if you do not make any payment due to us by the due date for payment, we reserve the right to cancel your booking, and no refunds shall be paid in such circumstances.
7.8 Our prices are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicate rate, at the same time as you pay us the price.
7.9 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.
7.10 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
8. How to pay
8.1 You can pay for the Services using PayPal, a debit card, cheque or by direct payments into our bank account. Payment details will be supplied in the Booking Confirmation.
8.2 Payment for the Services is in accordance with clause 7.
9.1 Before we provide the Services, you may cancel your booking for Services (whether this is a cancellation of Services to be provided in a single trip or session, or a cancellation of one or more trips or sessions where the Services are to be provided over several trips and/or sessions) at any time before the date on which the Services are to be provided by contacting us. We will confirm your cancellation in writing to you.
9.2 If you cancel your booking under clause 9.1 at any time up to 28 days before the date on which the Services are to be provided, we will not issue you with an invoice for the Services, with the exception of any charges we have incurred under clause 7.1.2.
9.3 If you cancel your booking under clause 9.1 at any time between 14 and 27 days before the date on which the Services are to be provided, we will issue you with an invoice for 50% of the price of the Services (with the exception of any charges we have incurred under clause 7.1.2, which will be charged in full).
9.4 If you cancel your booking under clause 9.1, within 14 days of the date on which the Services are to be provided, or you do not show up at the agreed time and place under clause 3.14, we will issue you with an invoice for 100% of the price of the Services.
9.5 If you cancel your booking:
9.5.1 because we have been affected by an Event Outside Our Control; or
9.5.2 because of a notification of suspension of the Services under clause 3.3; or
9.5.3 because the Captain has exercised his discretion not to provide the Services under clause 3.4,
9.6 and in each case, you have not accepted one of the alternative dates on which we offer to provide the Services, we will not issue you with an invoice for the Services we have been unable to provide.
10.1 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
10.1.1 you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;
10.1.2 you fail to pay any amount due under the Contract on the due date for payment;
10.1.3 you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
10.1.4 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
10.1.5 your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
10.2 On termination of the Contract, you shall immediately pay us all of our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately upon receipt.
10.3 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
10.4 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
11. Limitation of liability
11.1 The limits and exclusions in this clause reflect the insurance cover we have been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.
11.2 Nothing in these Terms limits or excludes our liability for:
11.2.1 death or personal injury caused by our negligence;
11.2.2 fraud or fraudulent misrepresentation;
11.2.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
11.3 Subject to clause 11.2, 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:
11.3.1 any damage to physical property or loss of equipment, whether brought aboard the vessel or otherwise;
11.3.2 any loss of profits, sales, business, or revenue;
11.3.3 loss of use or corruption of data, information or software;
11.3.4 loss of business opportunity, including but not limited to loss of agreements or contracts;
11.3.5 loss of anticipated savings;
11.3.6 loss of or damage to goodwill; or
11.3.7 any indirect or consequential loss.
11.4 Subject to clause 11.2, 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:
11.4.1 where the Services are to be provided in a single trip or session, the total charges you have paid under the Contract; or
11.4.2 where the Services are to be provided over several trips and/or sessions, the lower of the total charges you have paid under the Contract, or the charges you have paid in the 12 months prior to the date of the alleged loss.
11.5 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.
11.6 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 6 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
11.7 This clause 11 shall survive termination of the Contract.
12. Events outside our control
12.1 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 12.2.
12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation the Captain of the vessel being required to attend upon a call out of Humber Rescue, 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, storm surge, 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.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
12.3.1 we will contact you as soon as reasonably possible to notify you; and
12.3.2 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.
12.4 You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us.
13. Our right to vary these Terms
13.1 We may vary these Terms from time to time.
13.2 Subject to clauses 13.3 and 13.4, every time you make a booking with us for Services to be provided in a single trip or session, the Terms in force at the time of your booking will apply to the Contract between you and us.
13.3 We may vary these Terms as they apply to your booking from time to time to reflect changes in relevant laws and regulatory requirements.
13.4 If we have to vary these Terms as they apply to your booking, we will contact you to give you reasonable advance notice of the changes.
13.5 Where you make a booking with us for the Services to be provided over several trips and/or sessions, we may vary these Terms as they apply to your booking from time to time, and, subject to clause 7.6.2, we will contact you to give you reasonable advance notice of the changes.
14. Communications between us
14.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
14.2 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 A notice or other communication shall be deemed to have been received: if delivered personally, when left at Westfield House, Howe Lane, Goxhill, Barrow-Upon-Humber, England, DN19 7HS; if sent by pre-paid first class post or other next working day delivery service, at 9.00 a.m. on the second business day after posting; or, if sent by e-mail, one business day after transmission.
14.4 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.
14.5 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 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.
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).