Our paramount interest is to ensure that you enjoy your vacation from start to finish. Please read the following terms and conditions of hire since your signature on this form confirms acceptance of all of the terms and conditions on behalf of yourself, your family and your guests. Venue is in the State of New York unless the company determines a different venue to be reasonable. The “Company” is the Erie-Champlain Canal Boat Company, Inc. The “Hirer” is the person who signs this contract and/or any member of his/her party or guests. The “Boat” is the canal boat that has been allocated to the Hirer by the Company. This contract supersedes all previous issues.

RESERVATION: A Boat is not reserved, and no contract shall exist until this completed and signed contract together with the initial payment have been received by the Company, and a Reservation Confirmation is issued by the Company.

FARE: Includes four (4) persons. Each additional person over the age of 16 years is $100.00/person.  The maximum number of people permitted on the boat for a day trip is ten (10).

41 feet long and 10 feet wide Canal Cruiser

Full Week $2750

Daily Rate $425

Daily use of the boat is based on availability since weekly use takes priority. 50% of the fare is due to reserve a boat. Business or personal checks or cash are accepted. The balance must be received by the Company thirty (30) days prior to the departure date. The Reservation Confirmation is the only payment reminder. If payment is not received thirty (30) days prior to the departure date, the Company reserves the right to cancel the reservation without refund or further obligation to the Hirer. Late payment or returned check fee is $50.

Major credit cards (Visa, MasterCard, American Express and Discover) are accepted. Once again, 50% of the fare is due to reserve the boat. The balance is charged to the credit card 10 days prior to the departure date.

Weekly charters depart on Saturdays at 8:00 a.m. and return the following Friday by noon. Early arrivals may stay on the boat on Friday evening for an additional charge of $100 (subject to availability). Special arrangements may be made for extended charters.

DAMAGE AND SECURITY DEPOSIT: A $500 damage and security deposit is due thirty (30) days prior to the departure date. All or part of this sum may be retained by the Company if the Boat is returned dirty, late or has been damaged in any way, or any of its equipment is lost, stolen or damaged. The Hirer is responsible for immediate payment for any damages in excess of $500 caused by the Hirer’s negligence or accident including but not limited to careless boat handling, abuse of equipment or damage due to excessive speed.

CANCELLATION: To cancel a reservation, the Hirer must notify the Company in writing. If the cancellation is received more than 91 days before the departure date, the Hirer forfeits 15% of the fare. If received 45-90 days before the departure date, the Hirer forfeits 50% of the fare. If received 44 days or less, the Hirer is responsible to pay 100% of the fare.

CHARTER INSURANCE: Insurance coverage is for $18.50 per day chartered.

HIRE PERIOD: Unless otherwise agreed to in writing by the Company, reservations are for the period, date, time and place of departure as stated on the Reservation Confirmation. The boat must be cleaned and vacated by noon of the return date or fees will be assessed.

ARRIVAL/RETURN: The Company reserves the right to assess a fee for the Hirer’s late arrival or late return of the Boat. The Boat must be returned in clean condition and vacated at the agreed time and place.

ACCEPTANCE OF BOAT: Upon arrival, the Hirer shall physically verify the inventory and satisfy himself/herself that all of the Boat’s systems are complete and in proper working order and accept responsibility for the Boat, its equipment and condition. Any and all exceptions shall be noted and initialed by the Hirer and the Company prior to departure. The Hirer shall familiarize himself/herself with charts, cruising guides and the Boat’s manual prior to departure.

ORIENTATION: The Hirer shall receive orientation and sign the Orientation Sheet prior to departure. The Hirer will need to read the New York State Boating Safety Manual and take the test provided on the website to test their preparedness for assuming responsibility for taking the boat. Personalized boat handling instruction is mandatory for $100 after the first hour, unless you have a Captain’s license or can show proof of significant boating experience. The Hirer must demonstrate competent and safe cast off, docking and locking, and navigation skills.

NAVIGATIONAL LIMITS: Boats must cruise between the hours of sunrise and sunset. Boats must cruise within the limits indicated in the Boat’s manual and shall at all times comply with waterway regulations. If the Company discovers that an infringement of this condition occurred, the Company may repossess the Boat and the Hirer will be responsible for all expenses incurred in excess of the amount of the security deposit. The Company reserves the right to restrict cruising areas if the Company determines unusual or hazardous conditions prevail. The Company prohibits the use of the Boat on the Great Lakes. The Company is not responsible for incidental costs that may arise from the Hirer of the Boat including, but not limited to, transportation, lodging, meals, lost earnings or attorney fees.

AVAILABILITY OF THE BOAT: If, due to circumstances beyond its control, the Company is unavailable to provide the Hirer with a Boat and an acceptable alternative is not available, the Company shall refund all monies paid but the Hirer will have no further claim against the Company, its owners, agents or assigns for damages, inconvenience or other incidental costs.

BOAT DELAYS: If a breakdown of any kind should occur, the Hirer must report it to the Company immediately so steps can be taken to make repairs and enable the cruise to be resumed. The Hirer shall make no claim against the Company as a result of any grounding, breakdown or failure of the Boat, its engine or equipment. If such breakdown or failure is due to negligence of the Hirer, the Hirer agrees to pay the expenses incurred in rectifying the matter prior to vacating the Boat or upon receipt of invoices from the Company.

SUBSTANCE ABUSE - DRUGS/ALCOHOL: The Hirer agrees that at no time during the period of hire should any illegal substances be in the possession of or used by any member of the Hirer’s party or taken aboard the Boat. The Hirer or any crew member shall not operate the Boat while under the influence of alcohol. Smoking is not permitted in the living quarters of the Boat.

UNSUITABLE HIRERS/MINORS: The Company reserves the right to deny hire to anyone who, in the sole opinion of the Company, does not demonstrate the ability or skill to safely operate the Boat. The Company reserves the right to re-possess a Boat from a Hirer whom, in the sole opinion of the Company, is not suitable to continue his/her cruise with no refund due the Hirer. Hirers must be twenty-five (25) years of age.

ROUTE CHANGES: The Company reserves the right to alter the place of departure, within a reasonable distance to be determined by the Company, in the event that some un-anticipated circumstances arise. Such a change will not give the Hirer the right to cancel the reservation nor to have monies refunded.

RESTRICTED OR INTERRUPTED CRUISE: The Company accepts no liability and shall not be bound to make any financial adjustments or refunds in the event of cruising waters being restricted or closed, drought, flooding, bad weather, mechanical breakdowns or any other cause.

ACCIDENTS AND LOSS OF EQUIPMENT: The Hirer under-takes to report immediately to the Company any accident of any nature in which the Boat is involved. In such an event, the Hirer will fill in the Incident Report Form provided in the ship’s manual and ask other parties who are involved or who are witness to the matter, to complete the same form. The Hirer’s personal insurance is responsible for any damages caused by the Hirer.  The Hirer is to check their home owner policy, the primary insurance coverer, for coverage prior to leasing to insure sufficient coverage.  The Hirer will not have repairs performed without the prior agreement of the Company unless the Boat is in imminent danger. The Company will not pay for repairs unless previously approved of by the Company. The Hirer undertakes the responsibility to immediately report in writing any damage to the Boat and any equipment damaged, lost, stolen or broken.

TECHNICAL ASSISTANCE: The Company will provide break-down repair services during normal working hours and attend to any breakdown or other technical incident within the context of available material and personnel. Outside normal working hours only emergency service is available. Emergency service includes failure in steering, engine, plumbing or electrical systems, or other dangerous alteration, in so far as the failure jeopardizes the Boat or crew.

HOLD HARMLESS AGREEMENT: The Company, its agents or assigns accepts no responsibility in the event of a loss or damage to the Hirer’s person or personal belongings, including but not limited to bodily injury or death however caused, baggage, motor cars or cameras. The Hirer under-takes to hold the Company, its agents or assigns harmless in all respects and under all circumstances connected with the hire or navigation and use of the Boat, its equipment or services provided by the Company.

MEDIATION/ARBITRATION: In the event a disagreement arises between the Company and the Hirer and a com-promise cannot be reached, the parties hereby agree to share equally in the cost of hiring an arbitrator from a list provided by American Arbitration Association within thirty (30) days of the written notice of a disagreement by either party. Arbitration will decide how the disputes shall be settled, binding all parties without further claim.