By making a booking with Silver Halo Charters (SHC) you acknowledge that you have read, understand and agree to be bound by these terms and conditions during your time with us. Where the booking is made as a group then the person making the booking must ensure that all passengers have read and agree with these terms and conditions

These terms and conditions are governed by and shall be construed in accordance with English Law, and any claim brought under these conditions shall be subject to the exclusive jurisdiction of the English Law.

Torbay Council (TC) owns and maintains Torquay promanade and harbour area. SHC shall not be liable to any passenger whilst on the Promanade, its landings or surrounding areas.

Marine Developments Ltd (MDL) owns and maintains the marina and pontoons in the harbour area. SHC shall not be liable to any passenger whilst on the marina or pontoons in the harbour area.

TC shall not be liable to any passenger on SHC, for any loss or damage which arises out of or in connection with or as a consequence of the operation of SHC including, but not being limited to, loss of profit, damage to or loss of property or items belonging to the passenger and any personal injury to the passenger.

MDL shall not be liable to any passenger whilst on their property including their pontoons, or whilst on SHC, for any loss or damage which arises out of or in connection with or as a consequence of the operation of SHC including, but not being limited to, loss of profit, damage to or loss of property or items belonging to the passenger and any personal injury to the passenger.

Tickets may be purchased either individually or a vessel may be hired exclusively (referred to as a “Private Charter” or “Complete Boat”). The maximum number of persons allowed per boat is eight or 8, including crew (babies, toddlers and third party tour guides do count towards this final and maximum passenger number).

All persons cruising on the vessel must pay for admission prior to boarding the vessel. Tickets must be retained at all times and submitted for inspection if required by any employee or agent of SHC. Any person attempting to gain admission to the vessel without a valid ticket may be ejected from the vessel and its vicinity.

Bookings

1. Payment is due at the time of booking. Due to the nature of the business when bookings are confirmed SHC immediately incur expenses and costs directly relating to your booking whilst we prepare for your arrival.
2. All bookings are transferable. Only in extenuating circumstances will bookings be considered for transfer and where at least a minimum of 48 hours notice of request is given via email, please note an administrative fee may apply of up to 50%.
3. A minimum of six passengers is permitted for “individuals” trips, except at the absolute discretion of SHC or in the event of a private charter. Vessels that are not filled by the minimum number will be rescheduled. Passengers will be contacted to arrange an alternate date and/or time to travel. If smaller numbers require a booking then the “Private Charter” cost should be met.
4. SHC reserve the right to move your booking time or day due to operational needs or due to other company commitments. Sometimes governing boards involvement may result in changes becoming necessary.
5. We will use all reasonable endeavours to ensure that SHC operates. However, we reserve the right, in our absolute discretion, whether for safety reasons or otherwise, and with or without prior notice, to cancel any trip. In the event of such cancellation, SHC will fully refund any visitor whose ride is cancelled, the cost of his or her prepaid ticket, but otherwise shall have no liability whatever, including liability for travel expenses or any other out of pocket expenses, including accommodation, in respect of the cancellation.
6. In the unlikely event that the vessel has to make an emergency return to Torquay Harbour (or any other landing point along the route) SHC will not be liable for replacement tickets and/or refunds.
7. All prices are in pounds sterling, VAT is added to bookings and is included in the ticket price shown.
8. SHC reserve the right, where necessary to deviate from a vessel’s planned route. Please be aware, the weather and tides will on occasion dictate delays or alterations to the publicised route, where possible customers will be advised of any changes prior to sailing.
9. Due to the nature of the business sailing times cannot be guaranteed, however, every effort will be made to keep on schedule.
10. Speed restrictions apply at certain points around the harbour, SHC work closely with Torquay harbour master and the Maritime Coastal Agency”MCA” to ensure we maintain high levels of customer comfort and safety.
11. All passengers should arrive at our pickup point outside the Torquay MDL Marina entrance no less than 30 minutes prior to the cruise.
    
12. Please be aware if you miss your scheduled departure you will not be eligible for a later booking or refund. If you are not present upon check-in for your pre-booked departure time our boarding team will endeavour to contact you, please ensure you provide us with a mobile telephone number that your lead passenger will have with them on the booking day.
13. SHC will prioritise all customers against their booking times and never allow late running customers to have an impact on later departure times. SHC are not responsible for factors out of our control, for example; late running commuter services, traffic or parking difficulties (this is not an exhaustive list).
14. From time to time SHC reserve the right to change the vessel your party are booked on, this will not affect passenger numbers or experience/transfer times.
15. On occasion SHC may act as a managing agent for larger group bookings where boats maybe supplied by alternate companies. In this instance you will be covered by their insurance, duty of care and terms and conditions. SHC will not be liable for third party bookings.

Medical Conditions & Pregnancy

1. The decision to sail and the consequences of doing so are entirely at the passenger’s own risk. SHC does not accept any liability for personal injury, or injury to others and/or loss or damage.
2. Expectant mothers are permitted on board at any stage of their pregnancy but this will be down to the discretion of the skipper and will take into account weather and sea conditions at the time.
3. SHC advises you NOT to travel if you have any historical or current backbone conditions or complaints. Be advised the open sea is an ever changing environment and the vessel may be subject to unpredictable movements. We are not medical experts so are unable to assess every situation individually; we simply advise you do not travel with us.
4. All boats can experience unpredictable movements that could aggravate existing medical conditions. You must inform us of any material fact, including medical conditions or disabilities, which may affect the skipper’s decision to carry you as a passenger, especially epilepsy, dizzy spells, diabetes, angina or any other heart conditions, back/bone conditions and pregnancy (this is not an exhaustive list). You must also inform us of any medication you maybe taking.

Clothing and safety equipment

1. SHC recommend your party to ‘dress for the weather’ bearing in mind it is usually cooler out at sea compared to the on the land. All passengers should arrive in suitable attire which will not be damaged by exposure to sea water or sunlight and in extreme circumstances hail or snow.
2. Life jackets are provided on board for those who wish to use them, it is not a requirement to wear them at all times. Your guide will give a full safety briefing which will include full instruction on the fitting of life jackets in the event of an emergency.
3. Please note if life jackets are manually inflated and/or damaged with intent and where no emergency has taken place, as lead name on this booking you will be charged £50.00 per jacket.
4. All safety equipment and fishing tackle must be returned to SHC at the end of your experience with us. SHC will consider any items removed from the boarding area or vessel as stolen and issue a payment request to the lead passenger as a direct result. The same applies to damaged or lost fishing tackle and all items onboard.
5. SHC accepts no responsibility if any personal belongings are damaged, lost or stolen at any time whilst on the pier.

Comfort and Well-being

1. Passengers will not be permitted to board if SHC find that individual has:
   • been convicted of a criminal offence which, in the opinion of ISS, is likely to affect the safety or enjoyment of other visitors
   • behaved in a manner which, in the opinion of SHC has, or is likely to affect the safety or enjoyment of other visitors
   • used threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace.
   • shown signs of discourtesy, abuse or aggression to staff or crew.
2. SHC prevent offensive weapons or dangerous articles from being taken onto the vessel, visitors are admitted subject to a condition that, if requested to do so, they will allow themselves and/or their belongings to be searched.
3. It is prohibited to take onto the vessel any weapons including fireworks, smoke bombs, glass bottles, flammable liquids or other articles, which may cause injury. The throwing of any article from vessels is strictly prohibited.
4. Smoking is strictly prohibited on the vessel itself and on the boarding platform leading to the vessel.
5. Pets or animals of any nature are expressly prohibited on the vessel itself and the boarding platform leading to the vessel (except for dogs, which are more than welombe) without the express permission of SHC.
6. Unnecessary noise, (such as that from the use of radio sets and other electrical equipment), or any behaviour likely to cause annoyance to other visitors or confusion of any kind is not permitted on or in the vicinity of the vessel.
7. SHC request you are respectful of our staff, other passengers and neighbours. Whilst onboard please refrain from offering obscurities, profanities or any indecent hand/body gestures to members of the public or other harbour users.
8. Food or beverages may be consumed on the boat itself or on the boarding platform leading to the boat with express permission of SHC.
9. Other than liability for death or personal injury resulting from SHC’s negligence, SHC, its employees or agents shall not be liable for any loss or damage, direct or indirect, howsoever arising, including without limitation any distress, inconvenience or anxiety caused during the course of any cruise undertaken and/or during evacuation from the vessel in the event of breakdown or accident.
10. SHC cannot be held responsible for weather conditions during your experience. Without exception poor weather will not be deemed a valid reason to authorise relocation of any booking.
11. Children are deemed to be 12 years and younger; any person with a child ticket must be accompanied by a responsible adult at all times.
12. Passengers must remain seated at all times during their experience except when directly instructed by a representative of SHC that it is safe to embark/disembark.

Private Transfers and Charters

1. All vessels will be hired on a ‘Private Charter’ basis. The maximum number of passengers (including crew) allowed per boat is eight or 8.
2. A vessel may only be privately chartered by persons aged 18 years or over.
3. No ticket/booking may be resold without the previous written consent of SHC. If SHC reasonably believes that a ticket has been resold without such consent, the holder may be refused entry to or ejected from the vessel without payment of compensation.
4. SHC are able to suggest approximate timings based on the logistics of your booking, however, where there are elements out of our control we kindly recommend you contact all other event organisers and transport providers to check your specific timings independently prior to confirming your booking with SHC. SHC will be held responsible for their own service only.

Stowage

1. Hand Luggage (up to rucksack).
   There is sufficient room on board to store luggage on the vessel.
2. Large Luggage (suitcases).
   Please contact the office at least 24 hours prior to your trip date in order to make prior arrangements.
3. Buggies/Wheelchairs
   Please contact the office at least 24 hours prior to your trip date to arrange storage of items.
4. SHC will not be responsible for any belongings left behind and advise passengers to take all valuables with them.
5. From time to time SHC or other authorised parties will carry out photography and/or video recording and/or other monitoring on or in the vicinity of the vessel which may feature visitors. By accepting these terms and conditions, you agree that SHC or any authorised party may use such images in perpetuity in any promotional, advertising or publicity material in any format whatsoever. You further agree that copyright in these materials rests with SHC or such authorised party (as the case may be).
6. SHC allow customers to take their own photography from their seats. We are not liable for any damage to equipment during this operation. Where customers request our employee to use their camera/recording equipment SHC will not be liable for any damage incurred as a result.

Vouchers

1. Gift vouchers are soon to be available. They shall be purchased on an individual or charter basis online.
2. Ensure to pre-book by telephone to avoid disappointment.
3. All vouchers are valid for a full twelve months from the date of issue, booked and sailing date within this period.
4. An extension of six months can be applied for but will incur a 30% administration fee as standard. Up to two extensions can be applied for, after this time vouchers will automatically expire.
5. Reseller/Third party/Agent vouchers will expire as per their booking terms and conditions.
6. All vouchers are non refundable.

Complaints and Feedback

1. Any passenger complaints should be brought to the attention of the crew on the day of your booking.
2. Following this, any further complaint should be put in to writing no less than seven days following your experience to info@silverhalo.co.uk
3. Compliments and general feedback will be gratefully accepted to the same email address.
4. SHC endeavours to respond to your correspondence within 72 hours, however, on occasion and where an internal investigation is necessary this can take longer.

Business Customers Only

1. Unless a credit account has been agreed, all orders must be accompanied by payment in full. We reserve the right to clear cheques before releasing vouchers/confirming bookings. SHC do not accept cheques.
2. For credit account holders, payment should be made within 15 days of receipt of invoice. Late payment of invoices will result in the removal of any discount/credit offered. Vouchers are not sold on a sale or return basis.
3. For amended bookings your commission should be added to the total quoted and/or invoiced amount prior to quoting your clients.
4. No ticket may be resold without the previous written consent of SHC. If SHC reasonably believes that a ticket has been resold without such consent, the holder may be refused entry to or ejected from the vessel without payment of compensation.
5. Prices shown are in pounds sterling, VAT is applicable and included in the price. Where overseas transactions are being processed you should ensure the amount received covers the invoice in its entirety, taking into account current exchange rates.
6. You will be responsible at all times for the behavior and conduct of your clients and/or guests. It is your duty to ensure they have received and understood the terms and conditions prior to sailing.
7. You may not use or adopt any of our trading names, trademarks, promotional images or other intellectual property rights (or those of any of our businesses) without having first obtained our written consent.
   • You may not produce, distribute or otherwise use any such materials without our prior written approval.
   • You will not use any such marks in combination with any other mark, name, word, device, symbol or logo without our prior written approval
   • You will use such marks (including as respects colour, printing, style, typeface and proportion) only in the form directed by us.
   • You will not do anything that in our absolute opinion could bring any such mark, us or our shareholders into disrepute or damage the goodwill attaching to any such mark or us.

Many thanks Matt Forrester SHC