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 10. 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 8 (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).
1.2 Contacting us
1.2.1 If you wish to contact us for any reason, including because you have any complaints, you can contact us by telephoning 07811 827209 or by e-mailing us at firstname.lastname@example.org.
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.
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 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 9 for our responsibilities when an Event Outside Our Control happens.
2.3 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. You do not have to pay any balancing payment for the Services while they are suspended under this clause 2.3.
2.4 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 2.14 or during the performance of the Services.
2.5 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.
2.6 We operate a strict no smoking policy. Drugs, other illegal substances and naked flames (e.g. candles, barbecues) 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 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.
2.8 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.
2.9 The vessel accommodates 5 people (not including the Crew), 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.
2.10 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.
2.11 We request that no heels be worn on the vessel.
2.12 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.
2.13 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 Crew may, at its discretion, make minor alterations to the itinerary agreed in the Booking Confirmation, having regard to the safety of the passengers.
2.14 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.
3. How we use your personal information
3.1 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:
3.1.1 provide the Services;
3.1.2 process your payment for such Services; and
3.1.3 inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
4. How the Contract is formed between you and us
4.1 You may only book Services from us if you are at least 18 years old.
4.2 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 1.2.1.
4.3 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 4.4.
4.4 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.
5.1 We will agree the price of the Services with you, including costs for mileage in providing the Services from sites other than the Primary Launch Sites, before sending the Booking Confirmation. The price is broken down into two parts: a non-refundable (other than as stated in clause 6) deposit of £50, being our fixed, unavoidable costs incurred if the Services are not provided, and the balance of the charter fee.
5.2 The non-refundable deposit is payable within 7 days of us sending you the Booking Confirmation.
5.3 The remainder of the charter fee is payable no later than 14 days before the date for the performance of the Services set out in the Booking Confirmation.
5.4 Our prices may change at any time, but price changes will not affect bookings that we have confirmed with you in the Booking Confirmation.
5.5 Your rights to a refund on cancellation are set out in clause 6.
5.6 If you do not make any payment due to us by the due date for payment, we will cancel your booking, and no refunds shall be paid in such circumstances.
5.7 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.
6. Your right to cancel and applicable refund
6.1 Before we provide the Services, you may cancel your booking for Services 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.
6.2 If you cancel your booking under clause 6.1 at any time up to 14 days before the date on which the Services are to be provided, you will receive a refund of the price you have paid at the point of cancellation less the sum of £50, being our fixed, unavoidable costs incurred if the Services are not provided.
6.3 If you cancel your booking under clause 6.1, 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 2.14, you will receive no refund.
6.4 If you cancel your booking:
6.4.1 because we have been affected by an Event Outside Our Control; or
6.4.2 because of a notification of suspension of the Services under clause 2.3; or
6.4.3 because the Captain has exercised his discretion not to provide the Services under clause 2.4,
and in each case, you have not accepted one of the alternative dates on which we offer to provide the Services, you will, subject to clause 6.5, receive a 100% refund of the price you have paid at the point of cancellation.
6.5 Please note that in the event your refund is made via international electronic transfer, we will deduct any bank charges which we have incurred in making the international electronic transfer.
7. How to pay
7.1 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.
7.2 Payment for the Services is in advance.
8.1 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.
8.2 We only supply the Services to consumers for private use. We have no liability to you for any damage to physical property or loss of equipment, whether brought aboard the vessel or otherwise, loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 We do not exclude or limit in any way our liability for:
8.3.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
8.3.2 fraud or fraudulent misrepresentation;
8.3.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
8.3.4 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
8.3.5 defective products under the Consumer Protection Act 1987.
9. Events outside our control
9.1 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 9.2.
9.2 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.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
9.3.1 we will contact you as soon as reasonably possible to notify you; and
9.3.2 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.
9.4 You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us.
10. Our right to vary these Terms
10.1 We may amend these Terms from time to time.
10.2 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.
10.3 We may revise these Terms as they apply to your booking from time to time to reflect changes in relevant laws and regulatory requirements.
10.4 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, and if you opt to cancel, we will refund you the amount you have paid as soon as possible.
11. Communications between us
11.1 When we refer, in these Terms, to “in writing”, this will include e-mail. You may contact us as described in clause 1.2.
12. Other important terms
12.1 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.
12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3 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.
12.4 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.
12.5 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.
12.6 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.