These terms

What these terms cover. These are the terms and conditions on which we will provide you with a public bird boat tour in Poole Harbour.
Why you should read them. Please read these terms carefully before you purchase your ticket. These terms tell you who we are, how we will provide the boat tour to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

Information about us and how to contact us

Who we are. We are Birds of Poole Harbour, a registered charity with Registered Charity number 1152615 and our registered office is at Enefco House, 19 The Quay, Poole, Dorset, BH15 1HJ
How to contact us. You can contact us by telephoning us at 01202 641003 or by writing to us at
How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.
“Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.


How to purchase a ticket. To purchase a ticket for the boat tour please visit our website at (Website) where you will be directed to the booking page.
Where to find the price. The price of the boat tour will be the price set out on our Website.
When you must pay and how you must pay. You must pay for your ticket at the time of booking via the online payment options on the Website. Alternatively you may be given an option to pay by cheque and in this respect your booking will be deemed to take effect once we have received the cheque in cleared funds.
How we will accept your order. Our acceptance of your booking will take place when we issue you by email with an order confirmation (which will be after we have received cleared payment from you) at which point a contract will come into existence between you and us.
Tickets. Your tickets will be contained on the email confirmation sent to you.

Providing the boat tour

Dates of Boat Tour. We will supply the boat tour on the date that you have booked and which is specified in your order confirmation.
We are not responsible for delays outside our control. If our performance of the boat trip is affected by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.  
Bad Weather. In the event bad weather prevents the boat tour from going ahead you will be offered a refund or you will be given the option to transfer your ticket to an alternative trip.
Wheelchair Access. We welcome disabled customers on board our vessels, but for safe access a small degree of mobility is needed by everyone.  Due to the jetty and vessel design, adults who use wheelchairs must be able to walk (assisted if necessary) just a few steps for access at boarding gates, as crews are not permitted to lift occupied wheel chairs.  Each wheelchair must be accompanied by an attendant to assist a disabled person in the event of an emergency on board.  We regret that electrically propelled wheelchairs will not be carried, due to the difficulties that might arise in the event of an emergency requiring evacuation from the vessel.  In all cases, the number of wheelchairs that may be carried is at the absolute discretion of the vessel’s Master.

Your rights to make changes or cancel

Changes. If you wish to make any changes to your booking these will be at our discretion.
Your right to change your mind.  You have a legal right to change your mind within 14 days after the date we sent you your order confirmation and receive a refund. Please call or email us to arrange this using the contact details at clause 2.1 of  these terms.
Your right to cancel your ticket. Tickets are non-refundable unless clause 4.2, 4.3 or 5.2 apply.

If there is a problem with THE BOAT TOUR

How to tell us about problems. If you have any questions or complaints about the boat tour, please contact us.
Your legal rights. Nothing in these terms will affect your legal rights. For detailed information please visit the Citizens Advice website or call 03454 04 05 06.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the boat tour.
We are not liable for business losses. The boat tour is for pleasure only. If you have booked the boat trip for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

How we will use your personal information. We will use the personal information you provide to us to:

provide the boat tour;
process your payment for such services; and
if you agreed to this when you purchased your ticket, to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.

We will only give your personal information to third parties where the law either requires or allows us to do so.
Photographs and Video. We occasionally take photographs and video footage of our boats and events on board which will inevitably include images of passengers. These images are used in our marketing material which includes brochures and our website. You agree to allow us to use such images, we will not pay any royalties or fees.

Other important terms

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
Alternative dispute resolution. Please note that should you have any dispute in relation to these terms we will endeavour to resolve it with you as efficiently as possible. However you can also submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.