Read our terms and conditons, privacy policies and booking terms below or download them as a printable PDF document.
Last updated: 10 June 2018
www.foxhangers.co.uk (‘Website’) is provided by Foxhangers Limited (‘we’/’us’/’our’). In doing so, we may be in a position to receive and process personal information relating to you. As the controller of this information, we’re providing this Privacy Notice (‘Notice’) to explain our approach to personal information. This Notice forms part of our Terms of Website Use, which governs the use of this Website.
Of course, you may browse parts of this Website without providing any information about yourself and without accepting cookies. In that case, it’s unlikely we’ll possess and process any information relating to you.
Sometimes, when you take a new service or product from us, or discuss taking a new service or product but decide against, we might wish to provide you with further information about similar services or products by email or other written electronic communication. In that situation, we will always give you the opportunity to refuse to receive that further information and if you change your mind please let us know. We’ll endeavour to remind you of your right to opt -out on each occasion that we provide such information.
1 Identity and contact details
1.1 Registered number: 08301123
1.2 Registered office: Lower Foxhangers Farm, Nr Rowde, Devizes, Wiltshire, SN10 1SS
2 When we’re allowed to collect information from you We will only collect personal information relating to you if one of the following conditions have been satisfied:
2.1 You have clearly told us that you are content for us to collect that information for the certain purpose or purposes that we will have specified.
2.2 The processing is necessary for the performance a contract that we have with you.
2.3 The processing is necessary so that we can comply with the law.
2.4 The processing is necessary to protect someone’s life.
2.5 The processing is necessary for performance of a task that’s in the public interest.
2.6 The processing is necessary for our or another’s legitimate interest – but in this case, we’ll balance those interests against your interests.
3 How to consent
3.1 At the point of collecting the information, we’ll endeavour to explain how we intend to use the information and which of these purposes apply. If we rely on consent, we’ll provide you with the opportunity to tell us that you’re happy to provide the information.
3.2 If at any point in time you change your mind and decide that you don’t consent, please let us know and we’ll endeavour to stop processing your information in the specified manner, or we’ll delete your data if there is no continuing reason for possessing it.
3.3 If you don’t consent to a particular bit of processing, we’ll endeavour to ensure that the Website and our service continue to operate without the need for that information.
4 Information we expect to collect from you
4.1 We envisage asking for the following types of information from you:
Information type – Payment details (credit/debit card number, expiry date, security code, billing address)
Purpose and related details – We ask for this to process your payment fulfill your booking
Justification – It’s necessary for the performance of a contract with you
Information type – Contact information (address, phone number, email address)
Purpose and related details – 1.We ask for this to tell you about news and special offers 2. fulfill your order
Justification – It’s necessary for the performance of a contract with you
4.2 We may collect personal information about you from a number of sources, including the following:
4.2.1 From you when you agree to take a service or product from us, in which case this may include your contact details, date of birth, how you will pay for the product or service and your bank details.
4.2.2 From you when you contact us with an enquiry or in response to a communication from us, in which case, this may tell us something about how you use our services.
4.2.3 From documents that are available to the public, such as the electoral register.
4.2.4 From third parties to whom you have provided information with your consent to pass it on to other organisations or persons – when we receive such information we will let you know as soon as is reasonably practicable.
4.2.5 From our hire boats which are fitted with a GPS tracking device so that their whereabouts can be traced by us at any time.
4.3 If you refuse to provide information requested, then if that information is necessary for a service we provide to you we may need to stop providing that service.
4.4 At the time of collecting information, by whichever method is used, we’ll endeavour to alert you and inform you about our purposes and legal basis for processing that information, as well as whether we intend to share the information with anyone else or send it outside of the European Economic Area. If at any point you think we’ve invited you to provide information without explaining why, feel free to object and ask for our reasons.
5 Using your personal information
5.1 Data protection, privacy and security are important to us, and we shall only use your personal information for specified purposes and shall not keep such personal information longer than is necessary to fulfil these purposes. The following are examples of such purposes. We have also indicated below which GDPR justification applies, however it will depend on the circumstances of each case. At the time of collecting we will provide further information, and you may always ask for further information from us.
5.1.1 To help us to identify you when you contact us. This will normally be necessary for the performance our contract.
5.1.2 To help us to identify accounts, services and/or products which you could have from us or selected partners from time to time. We may do this by automatic means using a scoring system, which uses the personal information you’ve provided and/or any information we hold about you and personal information from third party agencies (including credit reference agencies). We will only use your information for this purpose if you agree to it.
5.1.3 To help us to administer and to contact you about improved administration of any accounts, services and products we have provided before, do provide now or will or may provide in the future. This will often be necessary, but sometimes the improvements will not be necessary in which case we will ask whether you agree.
5.1.4 To allow us to carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information. This will sometimes require that you consent, but will sometimes be exempt as market research.
5.1.5 To help to prevent and detect fraud or loss. This will only be done in certain circumstances when we consider it necessary or the law requires it.
5.1.6 To allow us to contact you by written electronic means (such as email, text or multimedia messages) about products and services offered by us where:
18.104.22.168 these products are similar to those you have already purchased from us,
22.214.171.124 you were given the opportunity to opt out of being contacted by us at the time your personal information was originally collected by us and at the time of our subsequent communications with you, and
126.96.36.199 you have not opted out of us contacting you.
5.1.7 To allow us to contact you in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by us and selected partners where you have expressly consented to us doing so.
5.1.8 To keep you up to date with our member benefit scheme under which, as part of your membership benefits, we will give you membership information and details of discounts and offers we negotiate from time to time on behalf of our members. We will only do this if you have told us that you would like this benefit.
5.1.9 To allow us to track your location when on our hire boat (for example, to locate a boat for engineering call-out purposes and if unexpected issues / stoppages occur on the canal that we need to inform you about).
5.1.10 We may monitor and record communications with you (including phone conversations and emails) for quality assurance and compliance.
188.8.131.52 Before doing that, we will always tell you of our intentions and of the specific purpose in making the recording. Sometimes such recordings will be necessary to comply with the law. Alternatively, sometimes the recording will be necessary for our legitimate interest, but in that case we’ll only record the call if our interest outweighs yours. This will depend on all the circumstances, in particular the importance of the information and whether we can obtain the information another way that’s less intrusive.
184.108.40.206 If we think the recording would be useful for us but that it’s not necessary we’ll ask whether you consent to the recording, and will provide an option for you to tell us that you consent. In those situations, if you don’t consent, the call will either automatically end or will not be recorded.
5.1.11 When it’s required by law, we’ll check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we intend to record this.
5.2 We will not disclose your personal information to any third party except in accordance with this Notice, and in particular in these circumstances:
5.2.1 They will be processing the data on our behalf as a data processor (where we’ll be the data controller). In that situation, we’ll always have a contract with the data processor as set out in the GDPR. This contract provides significant restrictions as to how the data processor operates so that you can be confident your data is protected to the same degree as provided in this Notice.
5.2.2 Sometimes it might be necessary to share data with another data controller. Before doing that we’ll always tell you. Note that if we receive information about you from a third party, then as soon as reasonably practicable afterwards we’ll let you know; that’s required by the GDPR.
5.2.3 Alternatively, sometimes we might consider it to be in your interest to send your information to a third party. If that’s the case, we’ll always ask whether you agree before sending.
5.3 Where you give us personal information on behalf of someone else, you confirm that you have provided them with the information set out in this Notice and that they have not objected to such use of their personal information.
5.4 In connection with any transaction which we enter into with you:
5.4.1 If you provide false or inaccurate inform ation to us and we suspect fraud, we will record this and may share it with other people and organisations. We, and other credit and insurance organisations, may also use technology to detect and prevent fraud.
5.4.2 We may need to transmit the payment and delivery information provided by you during the order process for the purpose of obtaining authorisation from your bank or from PayPal.
5.5 We may allow other people and organisations to use personal information we hold about you in the following circumstances:
5.5.1 If we, or substantially all of our assets, are acquired or are in the process of being acquired by a third party, in which case personal information held by us, about our customers, will be one of the transferred assets.
5.5.2 If we have been legitimately asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings.
5.5.3 We may employ companies and individuals to perform functions on our behalf and we may disclose your personal information to these parties for the purposes set out above, for example, for fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit and debit card payments and providing customer service. Those parties will be bound by strict contractual provisions with us and will only have access to personal information needed to perform their functions, and they may not use it for any other purpose. Further, they must process the personal information in accordance with this Notice and as permitted by the GDPR. From time to time, these other people and organisations to whom we may pass your personal information may be outside the European Economic Area. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Notice and the GDPR.
6 Protecting information
6.1 We have strict security measures to protect personal information.
6.2 We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software to encrypt information you input.
6.3 We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
6.4 We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
6.5 It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
7 The internet
7.1 If you communicate with us using the internet, we may occasionally email you about our services and products. When you first give us personal information through the Website, we will normally give you the opportunity to say whether you would prefer that we don’t contact you by email. You can also always send us an email (at the address set out below) at any time if you change your mind.
7.2 Please remember that communications over the internet, such as emails and webmails (messages sent through a website), are not secure unless they have been encrypted. Your communications may go through a number of countries before they are delivered – this is the nature of the internet. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.
8 Cookies and other internet tracking technology
8.2 Where applicable, this section of the Notice also relates to that technology but the term ‘cookie’ is used throughout.
8.3 Some of these cookies are essential to services you’ve requested from us, whereas others are used to improve services for you, for example through:
8.3.1 Letting you navigate between pages efficiently
8.3.2 Enabling a service to recognise your computer so you don’t have to give the same information during one task
8.3.3 Recognising that you have already given a username and password so you don’t need to enter it for every web page requested
8.3.4 Measuring how many people are using services, so they can be made easier to use and that there is enough capacity to ensure they are fast
8.4 To learn more about cookies, you may wish to visit: www.allaboutcookies.org, www.youronlinechoices.eu or
8.5 This Website uses, or allows use of, the following cookies:
Cookie name – Statcounter
- Tracks visits to website. Stores the number of visits made from your device, the time of the first visit, the previous visit, and the current visit.
- Category 2 – performance
- First party: we’re placing the cookie
- Persistent cookie, expiry: 2 years from when it’s placed
- The information will be sent to Statcounter so that To display the information in order to be analysed for website performance
Consent needed- Yes
Cookie name – Google Analytics
- Tracks visits to website. Stores the number of visits made from your device, the time of the first visit, the previous visit, and the current visit.
- Category 3 – functionality
- First party: we’re placing the cookie
- Persistent cookie, expiry: 2 years from when it’s placed
- The information will be sent to Google analytics to display the information in order to be analysed for website performance
Consent needed– yes
8.6 The distinctions referred to in the above table are as follows:
8.6.1 First party versus third party cookies – we set first party cookies ourselves; third party cookies are set by other entities via our Website.
8.6.2 Session versus persistent cookies – session cookies only persist for the duration of that visit; persistent cookies last for longer
8.6.3 Identifying information removed – just because we’ve done this, they will still be personal information if the relevant information can be reassembled
8.6.4 Categories 1-4 found in the ICC UK Cookie guide, as explained below. Category 1 cookies don’t require the user’s consent, though you must still tell them about the cookies. Categories 2-4 do require their specific and informed consent.
Category 1 Strictly necessary
These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies services you have asked for, like shopping baskets or e-billing, cannot be provided. We include in this category cookies that are used only for electronic communication. (The ICC doesn’t refer to these cookies, but the law is the same.) Note that cookies for which another person is the controller will never be necessary for a service requested of you. On the other hand, if you’ve asked another person to send a cookie on your behalf for an essential feature of your website, that would be category 1.
Category 2 Performance These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. This information is only used to improve how a website works.
Category 3 Functionality These cookies allow the website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. For instance, a website may be able to provide you with local weather reports or traffic news by storing in a cookie the region in which you are currently located. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as a live chat session.
Category 4 Targeting and advertising
These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited a website and this information is shared with other organisations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organisation.
8.7 As with any other information we may collect from you, we’ll work to protect the security of your information during transmission by using by using Secure Sockets Layer (SSL) software to encrypt information you input.
8.9 We exclude all liability for loss that you may incur when interacting with this third-party advertising or using these third-party websites unless you’ve consented in accordance with this privacy notice.
9 Further information
9.1 If you would like any more information or you have any comments about this Notice, please either write to us at Data Protection Manager, Foxhangers Limited, Lower Foxhangers Farm, Nr Rowde, Devizes, Wiltshire, SN10 1SS, or email us at email@example.com.
9.2 Please note that we may have to amend this Notice on occasion, for example if we change the cookies that we use. If we do that, we will publish the amended version on the Website. In that situation we will endeavour to alert you to the change, but it’s also your responsibility to check regularly to determine whether this Notice has changed.
9.3 You can ask us for a copy of this Notice by writing to the above address or by emailing us at firstname.lastname@example.org. This Notice applies to personal information we hold about individuals. It does not apply to information we hold about companies and other organisations.
9.4 If you would like access to the personal information that we hold about you, you can do this by emailing us at email@example.com or writing to us at the address noted above. There is not normally a fee for such a request, however if the request is unfounded, repetitive or excessive we may request a fee or refuse to comply with your request. You can also ask us to send the personal information we hold about you to another controller.
9.5 We aim to keep the personal information we hold about you accurate and up to date. If you tell us that we’re holding any inaccurate or incomplete personal information about you, we will promptly amend, complete or delete it accordingly. Please email us at firstname.lastname@example.org or write to us at the address above to update your personal information. You have the right to complain to the Information Commissioner’s Office if we don’t do this.
9.6 You can ask us to delete the personal information that we hold about you if we relied on your consent in holding that information or if it’s no longer necessary. You can also restrict or object to our processing of your personal information in certain circumstances. You can do this by emailing us at email@example.com or writing to us at the address noted above.
9.7 We will tell you if there is a breach, or a likely breach, of your data protection rights.
FOXHANGERS LIMITED trading as FOXHANGERS CANAL HOLIDAYS TERMS & CONDITIONS
Foxhangers Limited, Registered in England & Wales, Company Number; 08301123 Registered Office; Lower Foxhangers, Rowde, Devizes, Wiltshire, SN10 1SS 19/03/18
Please read these conditions carefully. They are part of the hire agreement and contain rights and duties of both the Hirer and the Company.
When the Hirer requests a booking, the Hirer is making an offer to hire a boat on these Conditions. The Agreement itself only comes into existence when the Company sends out the booking confirmation. A provisional or conditional booking is not binding and the Hirer may cancel it at any time before the booking confirmation is sent out to the Hirer by the Company. Similarly, the Company may hire the boat to another party in place of the Hirer at any time before a booking confirmation has been sent to the Hirer. The entire agreement between the Hirer and the Company is contained in these Conditions and any documents and policies referred to in these Conditions, the booking request and the booking confirmation. These Conditions do not affect the Hirer’s statutory rights. Any Company policies referred to in these Conditions will be made available to the Hirer on request to the Company.
Group Bookings, Age Limits, Hirer’s Responsibilities and Unsuitable Hirers
The Hirer must be aged 21 years or over. Although there is no age limit for driving the boat, the Hirer warrants that whenever the boat is driven by a person aged under eighteen years that person will always be under the close supervision of a competent adult. Where a boat is occupied by a Group comprising mainly young persons, the Hirer warrants that at all times, a responsible person aged more than 21 years will be in charge of the Group. At the request of the Company the Hirer must provide full details of all persons in their proposed Group. Bookings from ‘Stag’ or ‘Hen’ or same sex or other groups that the Company deems in its sole discretion to be ‘high risk’ will be accepted subject to such groups agreeing to the Company’s Party Groups policy, Pre-Authorisation policy and the payment of additional security bonds. The Company may at its discretion cancel any booking made in contravention of this condition before or at the start date. In this event any money paid will be forfeited and any balance payment will remain due unless the Company is able to re-let. If the Company is able to re-let, the Hirer will remain liable for 15% of the price, to cover administration expenses. The Company may at its discretion cancel the booking and refuse to hand over the boat to any person or Group who in its opinion is not suitable to take charge, on the grounds of age, inexperience, suspected influence of alcohol or drugs or any reason that may adversely affect the safety of any person, or the commercial interests of the Company. In this event the Company will be under no obligation to refund, compensate or indemnify the Hirer. The Company may repossess the boat at any time if in the opinion of the Company, the Hirer is unsuitable for the reasons given above, or if the Hirer is not behaving responsibly, or if the boat or any persons are at risk. In this event the Hirer shall remain liable to pay the hire price and no refund shall be due.
The Hirer shall be responsible and liable for each member of the Group and the terms of the Agreement shall apply to each member of the Group. The Hirer shall be responsible for any breach of the Agreement by any of the Group.
Cancellations and Changes by the Hirer
The Agreement including the payment terms is a legally binding contract and may not be cancelled or amended except as provided in the Conditions. Should the Hirer wish to cancel or amend the booking they must advise the Company immediately by telephone and at the same time send written confirmation with proof of sending. The Company reserves the right to levy an administration charge of £50, for any amendment to a booking made by the Hirer (including any request to apply a discount not claimed at the time of booking), after it has issued a booking confirmation. The Company also reserves the right to charge a cancellation fee in accordance with the terms below for any changes to the dates of the period of hire requested by the Hirer. In the event of a cancellation, the deposit will be forfeited and, except in relation to discounted prices which are non-refundable in accordance with section 8, the following charges shall apply: cancellations prior to: 56 days of hire date: 25% (deposit amount); 56-43 days 50%; 42-29 days 75%; 28-0 days 100%, such percentages relating to the total booking price. Any credit owed back from the Company to the Hirer will be made by way of a voucher redeemable against any future bookings with the Company. It is strongly recommended that the Hirers protect themselves against cancellation liability by taking out cancellation protection. In the event of any claim being disallowed for any reason, the Hirer remains liable for the full hire charges.
Cancellations by the Company
The Company may cancel the Agreement by written notice in the following circumstances: a) for any of the reasons described in section 3; b) in the event of an incident affecting safety, or navigability of the hire boat; c) for breach of any of the rules set out in section 12; d) for non- payment of any sum due under the booking e) if a pricing error is discovered by the Company within 48 hours of the booking confirmation being sent to the Hirer and the Hirer declines to accept the corrected price. The Company is entitled to recover from the Hirer any loss which it suffers as a result of cancellation under any of the provisions of section 3 or for breach of section 12 and it may retain all or part of any payments which the Hirer has made as security for such claims.
Hire Period, Collection and Return of Boat
The hire period and times will be confirmed in the booking confirmation. The Hirer must notify the Company of any faults on the boat, its content and the equipment in accordance with section 18 in order to give the Company the opportunity to rectify such faults. Claims will not be considered for faults unless they are notified to the Company immediately upon their discovery. The Company reserves the right to make a charge if the boat is not returned in a clean and tidy condition and/or for any loss or damage. The Hirer must notify the Company of any likely delay in arrival as soon as possible by email or telephone. Before the Hirer departs with the boat, the Company will give the Hirer such instructions, demonstrations and trials as it thinks fit and reserves the right to make the Hirer check and sign for the contents, inventory and boat acceptance. In the event that the boat is not available on the start date because of circumstances beyond the Company’s control, the Company may substitute a boat of similar accommodation. The boat shall be returned to the Company’s hire base (or such other location as the Company may direct) and be vacated in a clean and tidy condition no later than the time confirmed in the booking confirmation. Hirers are responsible for ensuring that their cruising schedule allows time for unforeseen contingencies so as to permit their return and vacation of the boat by the scheduled time. Breach of this condition will incur an additional charge of up to £100 per hour or part thereof. In addition, the Hirer will be liable for any extra costs and/or damages incurred by the Company as a result of the boat not being available on time for the next Hirer. Where the Company has to recover a boat and return it to the base, the Hirer shall be liable for all the costs involved. Where operational circumstances make it necessary, the Company reserves the right to require the boat to start from, or return to, a place other than its normal base of operation. In such circumstances the Company will where necessary assist with transport from the original base. If the period of hire is not during British Summer Time the Company reserves the right to adjust the arrival time for collection of the boat in advance of the period of hire to allow for a safe handover in day light hours.
Prices and Payment
Prices are inclusive of V.A.T. and are subject to any change in the V.A.T. rate. The booking confirmation and booking statement are not V.A.T. invoices. Prices are in pounds sterling. The Hirer shall reimburse the Company on demand for any expenses incurred in the conversion of foreign currencies, bank charges, special clearance, re-presenting cheques, processing payments or otherwise in obtaining cleared sterling funds of the amount due on the due date. Payment is not made until cash or cleared funds have been received by the Company. The booking deposit must be sent with the booking application and unless otherwise stated is 25% the total price. The balance of the price is due not less than 8 weeks before the hire start date. Company may take any balance payments due from any VISA/MasterCard credit/debit card previously used for a deposit payment where Hirer has consented to this as part of the bookings process. Company reserves the right to take a pre-authorisation from a VISA/MasterCard credit/debit card in accordance with its Pre-Authorisation Policy if payment is made by BACS, cheque or cash. Time of payment shall be of the essence of the contract. For bookings made within 8 weeks before the hire start date payment in full must accompany the booking form. Without prejudice to any other rights of the Company it may charge interest (both before and after any judgment) at the rate of 3% over the Company’s bankers’ base lending rate, on any monies due from the due payment date until the date of payment, and interest shall accrue from day to day.
Discounts must be claimed at the time of booking and cannot be claimed retrospectively. Legitimate discounts claimed will be deducted from the final balance due and cannot be deducted from an initial deposit. Discounted prices will be non-refundable and the cancellation provisions set out in clause 4 will not apply to discounted prices.
Compulsory Damage Waiver and Fuel Waiver
There is a compulsory, non-refundable damage waiver fee of £65 payable with the final balance due in accordance with section 7 above. This is instead of a damage deposit and affords the Hirer protection against the cost of damage, loss or accident to the hire boat or its inventory during the period of hire up to certain specified limits. There are certain exclusions for which additional charges will apply that are not covered by the damage waiver fee and these are set out in section 10 below. There is a compulsory, non-refundable fuel waiver fee of £55 per week or £35 per short-break payable with the final balance due in accordance with section 7 above. The fuel waiver covers the cost of fuel that is used by the boat for heating and propulsion that is considered by the Company to be a reasonable level of use for hire boating activities during the period of hire.
The Company reserves the right in its sole discretion to make the following charges (plus VAT) to the Hirer in the following circumstances and may request the Hirer to provide a pre- authorisation for payment using a VISA/MasterCard credit/debit card in accordance with Company’s Pre-Authorisation Policy:
(a) Late Arrival for handover. If the Group’s arrival for the handover is recorded as being 30 minutes or more later than your handover start time as stated in the booking confirmation correspondence, the Company reserves the right to make a charge of £50 hour or part thereof.
(b) Late Return and or Recovery Charge. If the boat is returned and vacated to Foxhangers Wharf (or such other designated point of return) later than the time quoted in the booking confirmation correspondence, the Company reserves the right to make a charge of £100 per hour or part thereof. In the event that the boat is vacated in a location unauthorised by the Company, the Company reserves the right to make a charge of £200 per hour to cover the costs of returning the boat back to the Company’s premises. Additionally, the Hirer will be responsible for any compensation claims for non-availability of the boat at the correct time from subsequent hirers of the boat in question.
(c) Cleaning Charge. Cleaning charges of £60 per hour will be payable if the boat is not returned in a condition that is reasonably comparable with the cleanliness of the boat at the start of the period of hire and further charges will apply to correct damage caused by spillages, stains or other negligence. All kitchen crockery and equipment must be clean, washed, dried and stored away. Where dog(s) or other pets were permitted, any pet hairs or marks are found on beds or seating areas will incur an extra cleaning charge at the above rate. Any sign of damage from a cigarette burns to soft furnishing or smell of cigarette smoke on board will incur a charge of £100.
(d) Skeg and Other Damage. The Company reserves the right in its sole discretion to apply a charge to cover the Company’s insurance excess up to the value of £500 for damage arising from speeding, contact with a lock cill or negligence causing damage to the rudder, skeg or stern gear, or other negligent, malicious or intentional damage to the boat.
(e) Negligent or Rowdy Behaviour. In the event of any complaints of rowdy or inappropriate behaviour regarding any person aboard the boat, the Company reserves the right to apply a charge to the Hirer of £250 for compensation for damage to the Company’s reputation. The Hirer is also liable in addition to pay for negligent, malicious or intentional damage to other boats and property.
(f) Call-Outs. The Company reserves the right in its sole discretion to charge for calling out Company engineers to rectify issues caused by Hirer error, including but not limited to ropes caught around the propeller, damage to windows, delivering replacement keys. Charges shall be at the Company’s then-current mechanical engineering hourly rate plus travel costs.
(g) Pump-Outs. Where pump-outs are required to toilet tanks, the cost is the responsibility of the Hirer.
The Hirer agrees that the Company may collect any additional payments or charges due from VISA/MasterCard credit/debit card details previously used for part or full payment of the booking in the first instance and / or from any pre-authorised VISA/MasterCard credit/debit card in accordance with Company’s Pre-Authorisation Policy. If the Company is unable to recover payment in this way, it will contact the Hirer in order to effect payment of the due amounts which must be paid within 7 days of such contact.
The Company insures the boat and its equipment and inventory against public liability risks. The Company’s insurance does not cover personal accidents or loss or damage to personal effects. Hirers and their Group are advised to take out their own personal insurance cover.
Safety and Other Rules
The Hirer agrees to comply with the following rules at all times for the health and safety of the persons on the boat and other persons and for safeguarding the boat and other property: a) to ensure that at all times while the boat is being navigated or is transiting locks the minimum age of the operator onboard and in charge is 18 years; b) to moor the boat securely; c) to allow the boat to be occupied only by the persons named in the booking confirmation; d) not to tow other craft or allow the boat to be towed except under professional assistance in the event of breakdown or emergency; e) not to cruise between sunset and sunrise (the boat is only equipped for cruising during daylight hours); f) to observe all speed limits, not to race and not to cruise at a speed that creates a breaking wash or disturbs or inconveniences other waterway users; g) not to take or have on the boat without the Company’s prior written permission, any dinghies, canoes, inflatables, portable heaters, bicycles, vehicles, lighting equipment, TV sets, electrical appliances (other than razors), inflammable liquids or substances, gas cylinders, barbecues, car batteries, firearms or any other items which might create dangers or hazards; h) not to use the boat for business purposes; i) not to allow on the boat at any time, more persons than the maximum number of berths and under no circumstances more than 9 persons; j) to give way to laden or unladen cargo boats, sailing craft, rowing boats and other human propelled craft; k) at all times to observe all by-laws, navigational limits, or instructions and advice of Canal and River Trust, other navigational authorities, the Company and their respective officers and employees; l) not to have or carry any live fishing bait on the boat. The boat may only be taken on canals. Experienced hirers should seek the agreement of the Company at the start of the hire period if they wish to cruise on rivers or into Bristol Floating Harbour. The Company reserves the right at its discretion, without liability, to restrict cruising areas or routes in the light of prevailing conditions.
If the Hirer is reported for improper navigation during the hire period or is in breach of this section 12 and if the Company has good reason to believe that it will be involved in any expense or penalty as a consequence then the Company in its sole discretion may recover any costs from the Hirer and the Hirer agrees that the Company may collect payment from VISA/MasterCard credit/debit card details previously used for part or full payment of the booking in the first instance and/or provided in accordance with the Company’s Pre-Authorisation Policy. If the Company is unable to recover payment in this way, it will contact the Hirer in order to effect payment of the due amounts which must be paid within 7 days of such contact.
The Hirer is in charge of the boat and is responsible for its safe navigation and return. In the event of any accident or damage to the boat, other craft or the waterway the Hirer must: a) obtain and record the name and registration number of the other boat, and names and addresses of all parties involved including the other boat owners and other hirers; b) notify the Company by telephone immediately with full details of the accident including damage incurred; c) where possible provide photographic evidence of any damage caused by the accident; d) NOT IN ANY CIRCUMSTANCES ADMIT OR ALLOW OTHER PERSONS ON THE BOAT TO ADMIT LIABILITY TO ANY OTHER PERSON; e) not to carry out or have carried out repairs without the consent of the Company; f) obtain and follow the Company’s instructions. In the event of an accident, the Company may repossess the boat without liability of the Company to provide any substitute boat. In the event that the Company’s insurance cover is prejudiced or invalidated by any failure on the part of the Hirer to comply with the provisions of this condition, the Hirer shall indemnify the Company in respect of all liability claims, loss, damage or expenses incurred. The Hirer is liable for and shall indemnify the Company against any claim or charge made by any Navigation Authority for damage to waterway property or loss of water.
Maintenance, Repairs, Damage and Breakdown
The Hirer shall take reasonable care of the boat, its equipment and contents and shall return them at the end of the hire period in accordance with the Company’s instructions and in good clean and tidy order and condition. The Hirer shall notify the Company by telephone immediately in the event of breakdown, damage, theft or loss and shall provide full details and comply with the Company’s instructions. The Hirer must not undertake or have undertaken any repairs, adjustment or service without the Company’s prior approval. Any repairs or replacements by the Hirer without the Company’s approval will not be accepted. The Hirer shall be responsible for getting the boat off mud banks or other grounding and for removal of weeds, rope and other matter from propellers. The Hirer shall notify the Company if any of these operations cannot be carried out without risk of accident or damage. If the Hirer requires assistance from the Company in such circumstances, the Company will charge the Hirer for such assistance. The Hirer shall have no claim on the Company as a result of breakdown or failures of the boat and its equipment or for any delays caused by any required repairs to the boat. The Hirer shall comply with the Company’s instructions and the Hirer remains responsible to the Company for any damage or loss arising from any breach of the Agreement, deliberate acts or negligence.
Vehicles may be left in the Company’s car parks at the owner’s risk. The Company will be under no liability for any loss of, or damage to vehicles or contents of the Hirer’s, the Group’s or other people’s property, on the boat or elsewhere, howsoever caused, except by the Company’s negligence. Hirers and Groups are particularly advised not to leave any valuable or portable items in the car. The Company shall take such action as may be necessary to silence car alarms in the Company’s car parks and to recover the costs from the Hirer. The Company may return Hirer’s or the Group’s property left behind if claimed and following the receipt of payment for postage and packing (minimum charge £15). The Company will dispose of property not claimed within two months from the end date.
Fuel, Gas, Water etc.
The boat will be provided filled with an amount of fuel that is usually sufficient for a booking period of up to two weeks. If refuelling becomes necessary, it may only take place at the premises of suppliers designated by the Company. The Company will only reimburse the cost to the Hirer for fuel purchases that are authorised, and in the case of gas on a like for like exchange, and on presentation of a V.A.T. receipt. The Company may make an additional fuel surcharge if there is any material increase of diesel or gas prices or duty. Whilst water supply and moorings on the canals are normally free of charge, any costs incurred are the responsibility of the Hirer.
Pets are only allowed on the boat if it has been requested on the booking form and written confirmation has been received from the Company. Hirers must provide their own pet baskets or blankets. All pets must be properly house trained or caged as appropriate, must not be left unattended, and must not be allowed on bedding or chairs. Pets are not covered under the Company’s insurance policy and the Hirer shall be liable for the cost of any damage or extra cleaning required. A charge of £30 is made for each pet.
The Hirer and/or the Group shall check the boat, its contents and equipment fully, immediately after taking possession of the boat. In the unlikely event of any alleged deficiencies or shortcomings the Hirer and/or the Group must notify the Company before the boat leaves the departure point. Once the Hirer and/or the Group has left the departure point the Hirer and/or the Group are completely responsible for the boat, its equipment and its operation, until it is handed back to the Company at the end of the period of hire. Any deficiencies or shortcomings subsequently discovered shall immediately be notified to the Company by telephone, in order to give the Company the opportunity to take any necessary remedial action. The Company shall not be liable in respect of any matter which is not so notified and in any event shall not be liable in respect of any matter which is notified after the end of the period of hire, as the boat may then have been taken over by another hirer and may not be available for inspection. Any compensation agreed by the Company shall be at its sole discretion and at an amount commensurate with any deficiency or shortcoming.
The Hirer will be responsible for the cost of replacing or repairing any items which are missing from the boat or damaged at the end date.
The Company shall not be liable to pay any compensation, damages, losses, costs or expenses for any claim arising from any cause beyond the Company’s reasonable control which could not have been mitigated or avoided by the Company including but not limited to: a) loss of or damage to any person’s property (including the boat); b) non-fulfilment, interruption or delay to the booking; c) breakdowns, mechanical problems, latent defects, damage to the boat; d) restrictions on cruising, obstructions, repairs, damage or closure of waterways, non availability of routes, navigational works, storms, floods, droughts, ice, shortage of water or other weather or climatic conditions; e) rationing, shortage or non-availability of fuel; f) consequential loss, damage or expense which the Hirer and/or the Group incurs including the cost of alternative transport, accommodation or other holiday provision.
The Company’s total liability to the Hirer, the Group and any person claiming through the Hirer in respect of all claims which may arise under the Agreement (other than in respect of claims for personal injury or death due to negligence on the part of the Company or other liabilities that cannot legally be excluded or limited) shall be limited in aggregate to the total price actually paid by the Hirer to the Company in respect of the Agreement.
Brochure and Website
The specification of boats, including their accommodation, facilities and equipment in the brochure is intended as a general guide, but the Company shall not be liable in the event of any differences in the boat supplied and reserves the right to make modifications. Layout plans are for guidance only and are not to scale and may have steps which are not shown. If the Hirer’s Group includes any infirm persons, the Hirer should make relevant enquiries at the time of booking. The Company reserves the right to change boat specifications without prior notice.
The Company may assign the benefit and burden of this Agreement to any purchaser or subsequent owner of the Company or its assets or in the event of a change of ownership or control of the Company.
Only the named parties to the Agreement may enforce the terms of the Agreement. The parties agree that the Contracts (Rights of third Parties) Act 1999 shall not apply to this Agreement.
No indulgence, forbearance or delay by the Company shall constitute any bar to its enforcement of its rights at any time and no waiver in respect of any breach shall operate as a waiver in respect to any other subsequent breach.
The British Marine Federation and the Royal Yachting Association recommend that disputes arising under this form of Agreement which cannot be resolved by negotiation, should, with the written agreement of the Parties, be submitted to mediation or failing that to arbitration under the British Marine Federation’s Dispute Resolution Scheme, which is approved by the Royal Yachting Association. Details of the mediation scheme operated by the British Marine Federation are available at www.britishmarine.co.uk/mediation. Matters suitable for arbitration shall be submitted to a single Arbitrator in accordance with the British Marine Federation’s Dispute Resolution Scheme. The provisions of the Arbitration Act 1996 shall apply.
Law and Jurisdiction
This Agreement shall be governed by the law of England and Wales. Any dispute arising under this Agreement shall be submitted to the exclusive jurisdiction of the Courts of England and Wales.
Terms and conditions of use
Please read these terms and conditions (these ‘Terms’) carefully as they contain important information about
your rights and obligations when using this website (the ‘Website’) and in particular clause 10.6 and 10.7. You
should print a copy of these terms for future reference. We, Foxhangers Limited (trading as Foxhangers Canal Holidays), own and operate this Website. We’re a limited company registered in England and Wales under company number: 08301123 having our registered office at Lower Foxhangers Farm, Nr Rowde, Devizes, Wiltshire, SN10 1SS. Our VAT Number is: GB 154931404. We are a member of the Foxhangers Limited, a publicly accessible trade register. We can be identified on the register by Foxhangers Limited. Details of the trade register can be found at www.gassaferegister.co.uk.
1 How these Terms apply
1.1 By using the Website you are agreeing to comply with and be bound by these Terms regarding the use of the Website in consideration for us allowing you to access and use the Website. You must not use the Website if you do not agree to comply with and be bound by these Terms.
1.2 Use of the Website includes accessing or browsing the Website.
1.3 We reserve the right to change these Terms at any time. We will take reasonable steps to make you aware of any changes to the Terms, for example by posting them on the Website. You agree to be bound by the version of these Terms displayed on the Website at the time you use it.
1.4 These Terms refer to the following, which also apply when using this Website:
1.4.2 Booking Terms & Conditions, which can be found at www.foxhangers.co.uk/legals
2.1 You are responsible for making all arrangements necessary for you to have access to the Website.
2.2 You are responsible for ensuring that all persons who access the Website through your internet connection
are aware of these Terms, and that they comply with them.
2.3 We make reasonable efforts to ensure that the Website is available to view and use 24 hours a day throughout
each year; however, this is not guaranteed. The Website may be temporarily unavailable at any time because
of server or systems failure or other technical issues, or reasons that are beyond our control, required
updating, maintenance or repair.
2.4 Where possible, we will try to give you advance warning of maintenance issues but shall not be obliged to do
3 Intellectual property
3.1 In these Terms, Intellectual Property Rights mean copyright (including design copyrights), trade marks,
patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in software, design, materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Foxhangers Limited (trading as Foxhangers Canal Holidays), moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).
3.2 The software code contained in and related to the Website and the materials on the Website including text, images, videos, photographs and other materials are protected by Intellectual Property Rights owned by us and our licensors. You acknowledge that the Intellectual Property Rights in the Website and any software code used with and material supplied as part of the Website shall remain with us or our licensors.
3.3 Subject to clause 4 you may:
3.3.1 retrieve and display materials on the Website on a computer screen;
3.3.2 download and store in electronic form materials on the Website; and
3.3.3 copy and print one copy only of materials on the Website.
3.4 Copying, downloading, storing or printing the materials on the Website for any reason other than personal use or in accordance with clause 4.2.2 is expressly prohibited.
3.5 You agree that you will not (and will not assist or facilitate any third party to) otherwise reproduce, modify, copy, distribute, transmit, publish, display, commercially exploit or create derivative works from any of the materials on the Website.
3.6 No licence is granted to you to use any of our trade marks or those of our affiliated companies.
3.7 You agree that you will not use our Intellectual Property Rights in any way other than allowed under these Terms and any infringement by you of our Intellectual Property Rights will be a breach of these Terms.
4 Use of the Website
4.1 You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these Terms as may be amended from time to time without notice to you.
4.2 Provided that you comply with the other provisions of this clause, you may download or print one copy only of pages of our website:
4.2.1 for your own private use; or
4.2.2 to draw attention to the content of our website to members of your organisation.
4.3 You must not:
4.3.1 download or print pages of the Website for commercial use other than use permitted by clause
4.3.2 alter the content of any webpage you download or print; or
4.3.3 use any images, videos or photographs on the webpage without the accompanying text.
4.4 You must:
4.4.1 keep intact all and any copyright and proprietary notices accompanying or attached to the materials on the Website you download, copy, store or print;
4.4.2 acknowledge us as the owners of the content of the Website;
4.4.3 erase any pages of the Website or materials on those pages downloaded other than in accordance with this clause; and
4.4.4 destroy any pages of the Website or materials on those pages printed other than in accordance
with this clause.
4.5 You must not modify, adapt, translate, reverse engineer, decompile or disassemble any code or program used by or in connection with the Website. You must contact us to request our consent if you wish to take any such action to create an interoperable program and we may provide such consent if you provide us with the information we request.
4.6 We provide access to and use of the Website on the basis that we exclude all representations, warranties
and conditions to the maximum extent permitted by law.
4.7 We reserve the right to:
4.7.1 Make changes to the information or materials on this Website at any time
4.7.2 Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or theentire Website without notice or liability to you or any third party
4.7.3 Refuse to post material on the Website or to remove material already posted on the Website
4.8 You may not use the Website for any of the following purposes:
4.8.1 Disseminating any unlawful, harassing, libellous, abusive, threatening, fraudulent, malicious, harmful, vulgar, obscene, or otherwise objectionable material
4.8.2 Stalking, harassing, threatening, blackmailing any person or violating or interfering with the rights of any other person including their right to privacy
4.8.3 Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise
4.8.4 Breaching any applicable local, national or international laws, regulations or code of practice
4.8.5 Gaining unauthorised access to other computer systems
4.8.6 Interfering with any other person’s use or enjoyment of the Website
4.8.7 Breaching any laws concerning the use of public telecommunications networks
4.8.8 Interfering with, disrupting or damaging networks or websites connected to the Website
4.8.9 Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website or the contents of the Website
4.8.10 To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
4.8.11 To create and/or publish your own database that features all or substantial parts of the Website or the contents of the Website
4.8.12 Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner
4.8.13 Selling or re-selling or using for commercial purposes any of the content of or access to the Website or using for commercial purposes any of the content of or access to the Website
4.8.14 To represent to others that there is any connection between the Website and your business or your views and opinions or that we endorse you or anything connected to you
4.9 In addition, you must not:
4.9.1 Knowingly introduce viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website
4.9.2 Impersonate any other person or fraudulently provide us with incorrect information
4.9.3 Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it
4.9.4 Attack the Website via a denial-of-service attack or a distributed denial-of service attack
4.9.5 Damage, disrupt or interfere with any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website
4.9.6 Remove any copyright notice or notice of any other intellectual property right from the Website or any materials on the Website
4.10 A breach of clause 4.9 or 4.8 may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
5 Suspending or terminating your access
We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:
5.1 You breach these Terms (repeatedly or otherwise)
5.2 You are impersonating any other person or entity
5.3 When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
5.4 We suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent, defamatory or illegal activity on the Website
6.1 You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to our other websites, publications or marketing materials.
6.2 You will grant us a licence to use, store, copy, make available to third parties, distribute and publish the content of any review submitted by you.
6.3 You undertake that any review, feedback or rating that you write shall:
6.3.1 Comply with applicable law in the UK and the law in any country from which they are posted
6.3.2 Be factually accurate
6.3.3 Contain genuinely held opinions (where applicable)
6.3.4 Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
6.3.5 Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
6.3.6 Not infringe any trade mark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach any legal duty you owe to a third party
6.3.7 Not be used to impersonate any person, or to misrepresent your identity
6.4 We are not responsible to any third party for the content or the accuracy of the content which you have posted or uploaded.
6.5 You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any review, feedback or rating posted by you on the Website, including, without limitation, the violation of their privacy, defamatory statements or infringement of intellectual property rights.
6.6 You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
6.7 We reserve the right to publish, edit or remove any reviews without notifying you.
6.8 You agree that we may disclose your identity to any third party who claims that content which you have posted or uploaded infringes their intellectual property rights or right to privacy or is defamatory.
6.9 The views expressed by other users on the Website do not represent our views or values.
7 Linking to the Website
7.1 You must not create a link to the Website from another website, document or any other source without first
obtaining our prior written consent.
7.2 Any agreed link must:
7.2.1 Be to the Website’s homepage and not to any other page on the Website
7.2.2 Be established from a website or document that is owned by you and does not contain content that is offensive, controversial, defamatory, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted
7.2.3 Be provided in such a way that is fair and legal and does not damage our reputation or take advantage of it
7.2.4 Not suggest any form of association, approval or endorsement on our part where none exists
7.2.5 Not cause the Website or content on the Website to be embedded in or ‘framed’ by any other website
7.2.6 Not cause the content of the Website to be displayed differently from the way it appears on the Website
7.3 We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.
7.4 We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.
8 External links
To provide increased value and convenience to our users, we may provide links to other websites or resources for you
to access at your sole discretion and risk. You acknowledge and agree that, as y ou have chosen to enter the linked
website we are not responsible for the availability of such external sites or resources, and do not review or endorse and
are not responsible or liable in any way, whether directly or indirectly, for:
8.1 The privacy practices of such websites
8.2 The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
8.3 The use which others make of these websites
8.4 Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
9.1 The content on the Website is provided for general information only. It is not intended to be advice on which you should rely. It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.
9.2 We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.
9.3 The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Terms or required by law).
9.4 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
9.5 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.
9.6 You are responsible for maintaining appropriate anti-virus software on and appropriately configuring the technological devices, platform and computer programs you use to access the Website that are in your control. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses, Trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
10 Limitation of liability and indemnity
10.1 If you are a consumer, nothing in these Terms affects your legal rights. You can obtain advice about your legal rights from Citizens Advice if you need to.
10.2 We cannot exclude or limit our responsibility to you for:
10.2.1 Death or personal injury resulting from our negligence
10.2.2 Fraud or fraudulent misrepresentation
10.2.3 Action pursuant to section 2(3) of the Consumer Protection Act 1987
10.2.4 Any liability, right or remedy which we cannot exclude or limit pursuant to the Consumer Rights Act 2015
10.2.5 Any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability
10.3 We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract
or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses where they have arisen from use of or inability to use the Website for commercial purposes, or use of or reliance on any material or content displayed on the Website or on any linked websites for commercial purposes:
10.3.1 Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
10.3.2 Any loss of goodwill or reputation
10.3.3 Any special or indirect losses
10.3.4 Any loss of data
10.3.5 Wasted management or office time
10.3.6 Any other loss or damage of any kind
10.4 If you are not a consumer we exclude all liability, including any liability in negligence, arising from your use or inability to access or use the Website other than that referred to in clause 10.2.
10.5 If you are a consumer, we are responsible for foreseeable loss or damage which you suffer as a result of a breach by us of the Terms or as a result of our failure to act with reasonable care and skill. Loss or damage
is foreseeable if either it is obvious that it will happen or if , at the time the contract was made, both we and
you knew it might happen, for example, if you discussed it with us before using the Website. We are not
responsible for unforeseeable losses.
10.6 If you are not a consumer, you agree to fully indemnify, defend and hold us, our officers, directors, employees
and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reason able administrative and legal costs, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
10.7 If you are a consumer you agree to fully reimburse us, our officers, directors, employees and suppliers for all losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Terms by you, or any other act or omission by you in using the Website or by any other person accessing the Website using your personal information with your authority that results in any legal responsibility on our part to any third party.
11 Use of personal data
12.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
12.2 Each of the sub-clauses of these Terms should be considered separately. If any of these Terms are found to be unenforceable, invalid or illegal, the rest of these Terms will continue to have full effect.
12.3 These Terms are in English only.
12.4 We will not lose our rights under these Terms by reason of any delay by us in enforcing those rights. We will not be bound by any agreement not to enforce our rights under these Terms unless we have agreed not to do so in writing.
12.5 Any delay by us in enforcing our right, non-enforcement of our rights or agreement not to enforce our rights in respect of one breach by you of these Terms will not prevent us from fully enforc ing our rights in respect of any other breach by you of these Terms.
13 Governing law and jurisdiction
13.1 The Website is controlled and operated in the United Kingdom.
13.2 If you are a business, these Terms are governed by the laws of England and Wales and the court s of England and Wales shall have exclusive jurisdiction over legal proceedings in connection with your use of the Website, any breach of these Terms and any question in connection with the interpretation or application of these Terms.
13.3 If you are a consumer, these Terms are governed by the laws of England and Wales and you can bring legal proceedings in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in either the courts of Scotland or England and Wales. If you live in Northern Ireland you can bring legal proceedings in either the courts of Northern Ireland or England and Wales. If you live in another country in the EU, you can bring legal proceedings in either the courts of your home country or England and Wales.