Terms and Conditions – Sussex Fishing

Definitions and interpretation

  1.           In these Terms & Conditions, the following definitions are used:

1.1       “Sussex Fishing, Skipper, we or us” means Mr T. Sutlieff t/a Sussex Fishing c/o Hills & Peeks, 62 The Street, Rustington, West                     Sussex, BN16 3NR

1.2       “Customer, they or you” means the person, company or organisation named in the Booking

1.3       “Boat or Vessel” means She Likes It II

1.4       “Boat Trip” means the type of excursion defined in the Booking for example but not limited to: – Ground/ Reef, Wreck, Bream                   etc

1.5       “Booking” means the agreement between Customer and Sussex Fishing once accepted and confirmed by Sussex Fishing in                       writing.

1.6       “Booking Date” means the date confirmed in the Booking for the Boat Trip.

1.7       “Business Days” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday, or a Bank Holiday in England

1.8       “Customer’s Party” means the Customer and all the Passengers undertaking the Boat Trip as part of the Booking.

1.9       “Departure Time” means the time the Vessel breaks away from the Mooring.

1.10     “Fee” means the total value of the Booking including Fishing Equipment hire and or loss and or bait published on the Sussex                     Fishing website or otherwise agreed in writing by us.

1.11     “Fishing Equipment” means any Rod, Reel, Tackle, and other equipment including knives, scales, pliers, landing nets etc owned               by Sussex Fishing, hired or otherwise.

1.12     “Mooring” means the place where the Vessel is berthed. This is currently Aldrington Marina, Hove Enterprise,                                               Centre Basin Rd N, Shoreham-by-Sea, Brighton and Hove, BN41 1UY. What3words location ///feel.friday.rarely or any other                       temporary location advised by Sussex Fishing.

1.13     “Passenger” means any individual including the Customer aboard the Boat other than the Skipper.

1.14     “Port” means Shoreham Harbour, West Sussex or any other safe haven in unforeseen circumstances

  1. In these Terms & Conditions, unless the context requires a different interpretation:

2.1       the singular includes the plural and vice versa;

2.2       references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these                        Terms & Conditions;

2.3       a reference to a person includes firms, companies, government entities, trusts and partnerships;

2.4       “including” is understood to mean “including without limitation”;

2.5       reference to any statutory provision includes any modification or amendment of it;

2.6       all timings / hours of the day are stated as GMT during the winter months (October to March) and BST during the summer                          months (April to September).

2.7       all days are deemed calendar days unless otherwise defined within these Terms & Conditions

2.8       the headings and sub-headings do not form part of these Terms & Conditions.

Scope

  1. These Terms and Conditions apply to all Bookings and the Customer agrees to be bound by them (unless otherwise agreed in writing by Sussex Fishing).

Customer & Customer’s Party

4.1     The Customer accepts full responsibility for the acts and or omissions of and or by Passengers forming part the Customer’s Party             insofar as clause 13.1 (Fishing Equipment) applies.

4.2     The Customer accepts full responsibility for the acts and or omissions of and or by Passengers forming part the Customer’s Party             insofar as clauses 14.1 to 14.13 inclusive (Alcohol, Drugs and Safety) apply.

Deposits, Payments, Refunds, Gift Vouchers

5.1     As part of the booking process Customers must pay the deposit as published on the Sussex Fishing website or otherwise agreed              in writing by us.

5.2     Payment of the Fee is required prior to Departure Time on the Booking Date.

5.3     The Customer agrees that payment of the Fee will be made: –

5.3.1    On the day in Cash

5.3.2    Via Electronic Banking.

5.4       The Customer agrees that other payment options are not permitted without prior written agreement from Sussex Fishing

5.5       Sussex Fishing shall use reasonable endeavours to ensure deposit returns or other refunds are processed within 2 Business                      Days of us receiving a written request from the Customer including the following details: – Account Name, Bank Name,                                Sort  Code, Account Number. The Customer agrees that all refunds are subject to a 5% deduction of the full value of the Deposit              to cover administration costs incurred by Sussex Fishing.

                   5.6       Gift Vouchers purchased by the Customer are:-

                               5.6.1    Valid for a Booking Date up to 12 months  from the date of purchase unless agreed to otherwise in writing by Sussex                                         Fishing.

                               5.6.2    Non-Transferable.

                               5.6.3    Non-refundable in any circumstances.

Cancellation by the Customer

6.1       In the event that the Customer wishes to cancel the Booking, the Customer must notify Sussex Fishing in writing immediately.

6.2       On receipt by Sussex Fishing of a notice of cancellation by the Customer the following applies with regards to the return of deposits and payment of the Fee. If the notice is received: –

6.2.1    More than 28 days before the Booking Date then the Deposit will be refunded subject to clause 5.5

6.2.2    28 Days or less before the Booking Date then 50% of the Deposit is forfeited the balance of the deposit will be refunded                   subject to clause 5.5

6.2.3    14 Days or less before the Booking Date then the deposit is forfeit.

6.2.4    7 days or less before the Booking Date the deposit is forfeit and the balance of the Fee becomes due.

6.3       The Customer agrees that all refunds are subject to a 5% deduction of the full value of the Deposit to cover administration                         costs incurred by Sussex Fishing.

6.4       Failure by the Customer to give notice under clause 6.1 will be treated as a cancellation by the Customer under clause 6.2.4.

6.5       Failure by the Customer’s Party, or person forming part thereof, to arrive at the Mooring by the Departure Time will be treated                 as a cancellation by the Customer under clause 6.2.4.

Postponement by the Customer

7.1       In the event the Customer wishes to postpone the Booking Date the Customer must notify Sussex Fishing in writing immediately.

7.2       Postponement by the Customer less than 1 week prior to the Booking Date is not permitted.

7.3       On receipt by Sussex Fishing of a notice under clause 7.1 we will use reasonable endeavours to reschedule the Booking Date                    and agree a suitable date with the Customer.

7.4       The following applies with regards deposits. If the notice is received: –

7.4.1    More than 35 days before the Booking Date then the Booking Date can be rescheduled to an available date and the                          deposit remains refundable.

7.4.2    Less than 21 days and more than 7 days before the Booking Date then the Booking Date can be rescheduled, and the                         deposit becomes non-returnable in any event.

7.4.3    Postponement of a Booking Date 7 days or less prior to the Booking Date is not permitted.

Cancellation by Sussex Fishing

8.1       Sussex Fishing may cancel the Booking at any time in the event of

8.1.1    bad weather actual or forecast.

8.1.2    illness, mechanical and or electrical breakdown and or other unforeseen circumstances. In this case reasonable                                   endeavours will be made by Sussex Fishing to find another available charter boat for the Customer so the day                                     would not be lost.

8.1.3    an insufficient number of Customers and or Passengers booking an Individuals Trip on any day. Sussex Fishing require                       4 Customers or Passengers to have booked on any day.

8.2       In the event of cancellation by Sussex Fishing the Customer has the option of either,

8.2.1    rescheduling the Booking Date to another suitable and available date, or

8.2.2    requesting the Deposit or Payment is returned in accordance with clause 5.5

8.3       Sussex Fishing cannot be held liable for any direct, indirect, or consequential loss incurred by the Customer if we cancel the                      trip under this clause.

Early Return to Harbour

9.1      Customers who have chartered the whole Boat may request an early return to harbour, however the Fee is still payable.

9.2      Customers who have not chartered the whole Boat are not allowed to request an early return to harbour unless all other                            Passengers onboard agree. The fee remains payable by the Customer and all other Passengers on board.

9.3      The Skipper may decide it is necessary to return early to Port due to

9.3.1    Passenger behaviour under Clause 14.6 (Drugs & Alcohol), 14.7 (Abusive Behaviour), 14.8 (Unsafe Acts)

9.3.3    Illness or medical emergency

9.3.4    Physical Damage and or Mechanical and or Electrical breakdown

9.3.5    weather conditions

9.3.6    or other unforeseen circumstances

In such circumstance the Skipper’s decision is final and the Fee will remain payable by the Customer and all other Passengers on board.

9.4     Sussex Fishing cannot be held liable for any direct indirect or consequential loss incurred by the Customer and or Passengers                  if we return to Port early under this clause.

Pre-departure Check In

10.1   The Customer must contact us the evening before the trip between 18:30 – 19.30 to check the weather is suitable for the trip                     to go ahead, finalise details and confirm the Departure Time. Telephone/text 07754 324270 email Tim@sussexfishing.co.uk

10.1.1 Failure by the Customer to make contact will be taken as acceptance by the Customer of any decisions made by Sussex                    Fishing for the following day.

10.1.2 Sussex Fishing’s decision is final regarding the weather, but we do try to get out, if possible, with due regard to safety and                common sense.

10.2   The Customer’s Party must arrive at the Mooring least 15 minutes prior to the Departure Time. Failure to be on board the Vessel               at the Departure Time will be considered a cancellation as per clause 6.2.4.

Trip Duration and Departure Times

11.1     All timings and durations are approximate. Except the Departure Time once advised under clause 10.1

11.2     Trip durations are based on overall time onboard not the time spent fishing.

Changes & Alterations to the Booked Trip.

12.1     Sussex Fishing reserves the right to alter the planned Boat Trip at any time with regards to weather and fishing conditions,                         for example a wreck fishing trip may have to become an inshore Plaice or Bream trip in the event of forecasted strong winds                     further out to sea, or in the event of algae bloom which particularly impacts wreck fishing.

12.2     The Customer accepts if Sussex Fishing alter a Boat Trip under clause 12.1 to another type of Boat Trip as it is still a practical                     option, the Boat Trip will go ahead, and Sussex Fishing will reduce the Fee accordingly to reflect the actual Boat Trip undertaken.

12.3     In these circumstances we will not offer a refund only a reduction of the Fee as per clause 12.2.

Fishing Equipment

13.1     Sussex Fishing offers hire of Fishing Rods, Reels, and tackle on the basis that all equipment including tackle is returned                               undamaged at the end of a trip. Loss of and or damage to any Fishing Equipment by the Customer’s Party will be charged at the               current rates advertised by Glasgow Angling Centre and will come payable by the Customer and become part of the Fee.

Alcohol, Drugs and Safety

14.1     The Customer agrees to ensure the Customer’s Party are aware of and understand these Terms and Conditions prior to the                       Departure Time.

14.2.    All Passengers will be given a Safety Briefing prior to putting to sea and should always follow the Skipper’s directions. Failure to                comply with the Safety Briefing and or Skippers directions and or any other unsafe act that jeopardises the safety of the                               Passengers and or workings of the Vessel will cause an immediate return to Port. The Skippers decision is final.

14.3     Any injury or loss sustained on board must immediately be reported to the Skipper.

14.4     Smoking is only permitted above deck. Smoking Inside the cabin and below deck is strictly prohibited.

14.5     Passengers must not bring alcohol on board the Vessel.

14.6     The Customer agrees that the use of drugs or alcohol on board the Vessel is strictly prohibited, this includes the misuse of                         legitimate drugs, or the use, possession, distribution, or sale of illicit or un-prescribed controlled drugs on board the Vessel.                       The Skipper of the Vessel shall use their best endeavours to ensure that this prohibition is enforced, and any suspected drug                     use or alcohol consumption will cause an immediate return to Port. Sussex Fishing reserve the right to require any Passenger                   to disembark the Vessel should the Skipper have reason to suspect they are under the influence of alcohol or drugs prior to                       the Departure Time. The Skippers decision is final.

14.7     Verbal and or physical abuse and or threats and or discriminatory and or antisocial behaviour by a Passenger towards the                        Skipper and or any Passenger will not be tolerated under any circumstances and will result in an immediate return to Port.                        The Skippers decision is final.

14.8.    Any act or omission by a Passenger that the Skipper believes threatens the safety of the Vessel and or any of those on board.

14.9     Children under 14 years old are only taken by prior agreement with Sussex Fishing. Passengers who have children under                            17 years old under their care are required to ensure they wear a Life Jacket whilst on board the Vessel. These are supplied free                of charge.

14.10   It is recommended that all Passengers wear a Life Jacket whilst on board the Vessel. These are available on request and                               supplied free of charge.

14.11   Passengers undertaking any type of Boat Trip with Sussex Fishing, must ensure that they are fit and healthy enough to do so.                   While these requirements are specifically for those working in the industry, they can be used as a guideline for anyone planning               to undertake a boat trip. The requirements include:

14.11.1            No medical condition that could lead to sudden incapacity or death

14.11.2            No medical condition that could endanger the safety of others

14.11.3            No medical condition that requires ongoing treatment or monitoring

14.11.4            No medication that could impair judgement or performance

14.11.5            No alcohol or drug dependency

14.12   It is important to note that the requirements under clause 14.11 are not exhaustive and that there may be other factors                             to consider depending on the nature of your Boat Trip. It is always advisable that all Passengers consult with their doctor before               undertaking any activity that may impact your health.

14.13   Any medical conditions that might affect a Customer or Passenger during the trip MUST be notified to Sussex Fishing at the time               of Booking and or prior to the Departure Time. Sussex Fishing reserves the right to require a Customer or Passenger to                               disembark the Vessel if the Skipper believes that person is unfit to undertake the Boat Trip. The Skippers decision is final.

Insurance and Legal

15.1     Anything you catch you can keep always provided that

15.1.1 it is above the minimum landing size,

15.1.2 in season,

15.1.3 not subject to a temporary landing ban.

15.2     It is illegal to sell any fish caught.

15.3     She Likes It II is licensed for a maximum of TEN Passengers and two crew.

15.4.    She Likes It II and Skipper are fully licensed to operate in accordance with the requirements of the MCA – Maritime and                               Coastguard Agency.

15.5     Sussex Fishing cannot be held liable for any indirect or consequential loss incurred by the Customer or Passengers under these                 Terms & Conditions

15.6     Nothing in these Terms and Conditions shall affect the rights of Consumers.

15.7     All clauses and sub-clauses of this Agreement are severable and if any clause or identifiable part thereof is held to be                                   unenforceable by any court of competent jurisdiction then such enforceability shall not affect the enforceability of the                                 remaining provisions or identifiable parts thereof in these Terms and Conditions.

15.8     These Terms and Conditions and all other express and implied terms of the contract shall be governed and construed in                             accordance with the laws of England and the parties agree to submit to the jurisdiction of the courts of England and Wales.

Sussex Fishing. Version 9 edited 3rd November 2023:

V8           General Revisions particularly but not limited to Definitions, Postponement, Cancellation, Fishing Equipment, Alcohol Drugs & Safety,                          Insurance & Legal                  V9           Gift Voucher Clause added