1. In these terms and conditions, the following definitions apply:
a. “Voyage” refers to the boat trip of predetermined duration for which the Customer has purchased tickets.
b. “Customer” refers to the individual or company who purchased the Voyage tickets.
c. “Passenger(s)” refers to all members of the group undertaking the Voyage using tickets purchased and paid for prior to the trip by the Customer.
d. “PHQ” is Portsmouth Historic Quarter Trust, the charitable company that owns and operates the historic boats.
e. “Skipper” refers to the individual appointed by PHQ to be in charge of the boat. The vessel will be under the command of the Skipper at all times.
2. The Skipper is responsible for the safety of the boat, crew and Passengers and for the comfort of Passengers at all times. All Passengers are to follow the directions of the Skipper and the crew.
3. The Voyage will depend on suitable prevailing weather conditions and may be curtailed or cancelled at any time by PHQ or the Skipper, if in the opinion of PHQ or the Skipper the weather or other conditions have deteriorated or may deteriorate to the extent that the safety and/or comfort of Passengers and/or crew is at risk.
4. Passengers under the age of 16 must be accompanied by an appropriate number of responsible adults, with the ratio one adult (18 and over) to two under-16’s.
5. Children under the age of 10 will not be admitted as Passengers onto MGB 81 and HSL 102. Children under the age of 5 will not be admitted as Passengers onto F8.
6. Lifejackets will be provided by PHQ and must be worn from fitting until after the Voyage is complete and Passengers have alighted from the boat.
7. Smoking is prohibited in Boathouse 4, on the pontoon network and on board the boat.
8. Alcohol may only be consumed on board with the prior permission of the Skipper.
9. All Passengers must dress appropriately, bearing in mind it can be cooler and windier at sea than on shore, and the boats have limited cover in the event of wet weather. In hot, sunny weather Passengers are to take measures to protect themselves.
10. Passengers should be aware of the possibility of falling on the pontoon or on the boat if wearing shoes with slippery soles or high heels. Stiletto heels must not be worn on the pontoon or on board the boat.
11. Passengers will only be allowed to take the helm at the discretion of and under the guidance of the Skipper.
12. PHQ reserves the right to decline boarding to any Passenger considered by the Skipper to be unfit to undertake the Voyage, or who appears to be under the influence of alcohol, drugs or illegal substances.
13. In the event of cancellation by the Customer, a refund will be issued if the Customer informs PHQ with notice of more than 14 days before the Voyage. If the cancellation is made within 14 days of the Voyage, no refund will be issued.
14. In the event of cancellation by PHQ before the Voyage, other than due to unsafe conduct by Passengers, an alternative date and/or boat may be offered. If no such alternative is offered or the Customer elects not to accept the alternative, a full refund will be issued to the Customer.
15. In the event of curtailment of the Voyage after it has commenced, other than due to unsafe conduct by Passengers, the Customer may apply to boatbookings@PHQ.com for a partial refund. PHQ will investigate the extent and reason for the curtailment and may at its discretion issue a partial refund to the Customer.
16. The provisions above are the sole remedy of the Customer in the event of cancellation or curtailment of the Voyage. PHQ will not be liable for any other losses incurred by the Customer or any Passengers.
17. PHQ accepts no liability for any loss or damage to property or (to the extent permitted by law) injury to Passengers arising out of or in connection with the Voyage including while Passengers are on the pontoon and on the boat.
18. The contract between PHQ and the Customer may only be enforced by PHQ and the Customer and is not intended to benefit any other person.
19. The contract between PHQ and the Customer is subject to the law of England and Wales and the jurisdiction of the courts of England and Wales.
20. The Customer must supply the names of all Passengers. The lawful basis for this disclosure is that processing is necessary in order to fulfil our contract with the Customer (Article 6(b) GDPR). The Customer must provide the age bracket of each Passenger and must procure that each Passenger provides emergency contact details. The lawful basis for this disclosure is that processing is necessary in the vital interests of the Passengers (Article 6(d) GDPR).