Terms and Conditions – Sussex Fishing
Definitions and interpretation
- 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 of 12, Gardeners Court, New Street, Horsham, West Sussex GB, RH13 5TB;
1.2 “Customer, they or you” means the person, company or organisation booking a trip.
1.3 “Fee” means the cost of the boat trip as published on the Sussex Fishing website or otherwise agreed in writing by us.
1.4 “Business Days” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England
1.5 “Passenger” means any other individual on the Boat
1.6 “Boat or Vessel” means She Likes It II
1.7 “Port” means Shoreham Harbour, West Sussex or any other safe haven in unforeseen circumstances
- In these Terms & Conditions, unless the context requires a different interpretation:
- the singular includes the plural and vice versa;
- references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this Terms and Conditions;
- a reference to a person includes firms, companies, government entities, trusts and partnerships;
- “including” is understood to mean “including without limitation”;
- reference to any statutory provision includes any modification or amendment of it;
- the headings and sub-headings do not form part of this Terms and Conditions.
- These Terms and Conditions apply to all bookings confirmed to a Customer by Sussex Fishing and by entering into a confirmed booking the Customer agrees to be bound by them (unless otherwise agreed in writing).
- A booking will be provisional until Sussex Fishing receives the following:
4.1 Deposit or Payment is received under Clause 5 and,
4.2 Customer name, address, telephone number and an email address
4.3 Upon receipt of the above Sussex Fishing will confirm the booking in writing or email.
Deposits and Payments
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 full Fee is required prior to departure on the day of the booking.
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 Other payment options by prior agreement ONLY.
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.
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 4 weeks before the booked date then the Deposit will be returned.
6.2.2 Less than 4 weeks before the booked date then 50% of the Deposit is forfeited.
6.2.3 Less than 2 weeks before the booked date then the deposit is forfeit.
6.2.4 Less than 3 days before the booked date the deposit is forfeit and the balance of the full Fee becomes due.
6.2.5 If the Customer is unable to go on the day because of illness or unforeseen circumstances, at my discretion the deposit may be carried over to another suitable date.
Postponement by the Customer
7.1 In the event the Customer wishes to postpone the booking the Customer must notify Sussex Fishing in writing immediately.
7.2 Postponement by the Customer less than 1 week prior to the booking is not permitted.
7.3 On receipt by Sussex Fishing of a notice we will use reasonable endeavours to reschedule the booking 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 5 weeks before the booked date then the booking can be rescheduled to an available date and the deposit remains returnable.
7.4.1 Less than 3 weeks and more than 1 week before the booked date then the booking can be rescheduled, and the deposit becomes non-returnable in any event.
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 either the day before, or on the morning of the trip.
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.
8.2 In the event of cancellation by Sussex Fishing the Customer has the option of either,
8.2.1 rescheduling the booking to another suitable and available date, or
8.2.2 requesting the Deposit or Payment is returned in full 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 full 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 full fee remains payable by the Customer and all other Passengers on board.
9.3 The Skipper may deem it necessary to return early to Port due to
9.3.1 A Passenger or Customer using drugs or excessive alcohol consumption (under clause 6.2)
9.3.2 Passenger or Customer behaviour (under clause 6.3)
9.3.3 Illness or medical emergency
9.3.4 Mechanical or Electrical breakdown
9.3.4 or other unforeseen circumstances
In such circumstance the Skipper’s decision is final and the full 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 if we return to port early under this clause.
Pre-departure Check in & Weather
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 and finalise details and departure times. Telephone/text 07754 324270 email Tim@sussexfishing.co.uk
10.1.1 Failure 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 with regard to the weather, but we do try to get out, if possible, with due regard to safety and common sense.
10.1.3 at the time the Customer makes contact under clause 10.1 Sussex Fishing will advise of a departure time. This time is the time the Vessel breaks away from the mooring and not the time you should arrive. The Vessel must and will leave at the advised time to ensure we comply with Shoreham Ports Lock timings. Failure to be on board at the time of departure will be considered a short notice cancellation as per clause 6.2.4 and dealt with accordingly
Trip Duration and Departure Times
11.1 All timings and durations are approximate
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 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 If we alter a wreck fishing trip to ground / reef fishing as it is still a practical option, a trip will go ahead, and we will reduce the price accordingly.
12.3 In these circumstances we will not offer a refund of deposit.
Alcohol, Drugs and Safety
13.1 All Customers 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.
13.2 Do not bring alcohol on board the Vessel unless you have prior written agreement from Sussex Fishing. Only a small quantity of low strength alcohol will be allowed on board and always at the discretion of Sussex Fishing.
13.3 Drug abuse or excessive alcohol consumption will cause an immediate return to port. The Skippers decision is final.
13.4 Smoking is only permitted above deck.
13.5 Verbal and or physical abuse and or threats and or discriminatory and or antisocial behaviour towards our 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.
13.6 Any injury or loss sustained on board must immediately be reported to the Skipper.
13.7 Children under 14 years old are only taken by prior agreement with Sussex Fishing. Parents/Guardians are required to ensure the children wear a Life Jacket at all times whilst on board the Vessel. These are supplied free of charge.
13.8 It is recommended that all Customers wear a Life Jacket when on board the Vessel. These are available on request and supplied free of charge.
13.9 She Likes It II is licensed for a maximum of TEN Passengers and two crew.
13.10 Any medical conditions that might affect a Customer during the trip MUST be reported to Sussex Fishing at the time of booking.
Insurance and Legal
14.1 Anything you catch you can keep always provided that
14.1.1 it is above the minimum landing size,
14.1.2 in season,
14.1.3 not subject to a temporary landing ban.
14.2 It is illegal to sell any fish caught.
14.3 She Likes It II and Skipper are fully licensed to operate in accordance with the requirements of the MCA – Maritime and Coastguard Agency.
14.4 Sussex Fishing cannot be held liable for any indirect or consequential loss incurred by the Customer under these Terms & Conditions
14.5 Nothing in these Terms and Conditions shall affect the rights of Consumers.
14.6 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.
14.7 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.
Version 4 edited 16th May 2022: