Hire Terms and Conditions

Your Responsibilities in Brief

You are responsible for ensuring you are physically fit enough to stand up paddle board.
Any medication you do need make sure you have it with you on the water.

All users must be competent and confident in their abilities to navigate a SUP and able to swim 50 meters unaided.

We do not accept liability for changes in your period of hire due to weather and other causes out of our hands.

You accept responsibility to indemnify us against any claim, interest, demand or expense in respect of such injury or damage.

You are responsible for all SUP’s and equipment hire, keeping it safe from damages, loss or theft. Use it respectfully and not cause unfair wear and tear. You understand that you are participating in Stand Up Paddleboarding at your own risk.
 

You will notify us immediately of any loss, damage or theft to the hired SUP’s and equipment and will be responsible for paying us reasonably costs of reparation of any such loss, damage or theft. 
 

You will not offer for sale, sell, dispose, mortgage, lend or pledge or otherwise part with the hired stand up paddle boards and equipment.

Buoyancy aids are to be worn at all times on and around the water. You must provide your own suitable clothing to wear during the time of hire.
 

You will paddle the SUP responsibly at all times. Hire will be revoked during your hire period in cases of reckless behaviour, putting other’s lives at risk, with no refund will be given. 
 

Clients who booked by telephone will be deemed to have read and accept these terms and conditions.

You have the right to terminate this agreement at any time, however unless we agree otherwise you will not be entitled to a refund.

Extra carriage charges may have to be made if stand up paddle boards and/or equipment have to be picked up, other than from the agreed termination point.

 

Hire on the day is subject to safe weather and water conditions. If a postponement of your hire is deemed necessary by Nene Valley SUP, we will give you as much notice as possible and we will offer you alternative dates, if no convenient alternative date can be agreed, any monies paid will be fully refunded.  
 

You agree to only use the SUP’s and equipment in the manner described by Nene Valley SUP and to use them in the UK only. You are strictly forbidden to take the paddleboards and equipment across any aqueduct or viaduct or abroad.

Full Terms and Conditions

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Customer” means the customer who is hiring the Equipment subject to these Terms and Conditions;
“Deposit” means the sum payable by the Customer under Clause 3 of these Terms and Conditions and as set out in the Hire Agreement;
“Price List” means the Hirer’s price list, current at the time of the start of the Hire Term;
“Hire” means the hire of the Equipment by the Customer subject to these Terms and Conditions;
“Hire Agreement” means the agreement entered into by the Customer and the Hirer incorporating these Terms and Conditions which shall govern the Hire of the Equipment; and
“Hire Fees” means the sum payable by the Customer for the Hire as determined under Clause 4 of these Terms and Conditions.

“Hire Term” means the start and end date of the Hire as set out in the Schedule to these Terms and Conditions.
 

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;
1.2.4 a Schedule is a schedule to these Terms and Conditions;
1.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and
1.2.6 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.

1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

1.4 Words imparting the singular number shall include the plural and vice versa.

1.5 References to any gender shall include the other gender.

2. Hire Term

2.1 The agreed Hire Term will be set out in the Schedule to these Terms and Conditions.

2.2 If the Customer wishes to extend the Hire Term they must communicate their wish to do so at any time prior to the end of the Hire Term. The Customer must contact the Hirer to arrange such an extension. Extensions may be made for up to five (5) days subject always to the existence of prior reservations made by other customers and hence the availability of the Equipment. The Hirer shall use its best and reasonable endeavours to satisfy requests for extensions but cannot guarantee the availability of the Equipment to the Customer beyond the end of the pre-existing Hire Term.

2.3 The Hirer reserves the right to recall the Equipment immediately at any time. In the event that the Hirer exercises this right the Customer will be reimbursed for any and all days remaining in the Hire Term or will be issued immediately with replacement Equipment of the same type or of the closest type thereto at no additional cost. If the Equipment is not returned to the Hirer on request the Customer shall be deemed to have authorised the Hirer to charge for any costs associated with such recovery.

3. Deposit

3.1 We require either a refundable £100 deposit OR valid credit/debit card details for hire:

3.2 The Customer shall be required to leave valid credit/debit card details including but not limited to full card number, start and expiry dates and security number with the Hirer at the commencement of the Hire Term, unless stated otherwise by the Hirer prior to the commencement of the Hire Term. The card details will be retained securely and destroyed safely.

3.3 At the end of the Hire Term the Hirer shall have a period of seven (7) working days within which to fully inspect the Equipment. In the event that additional cleaning and / or maintenance outside of normal wear and tear is required, the Hirer shall charge the appropriate fee to repair or replace the Equipment and shall provide the reasons for such charge to the Customer in writing, including all relevant calculations and pricing information, examples of which can be found in section 7.3

OR

 

3.4 The Customer shall be required to pay a refundable deposit of £100 before the hire commences, along with the completed booking form. Proof of Identity may be required in the form of valid photo ID. 

3.5 The deposit will be returned in full provided that all Equipment used is returned in an undamaged condition to us and is returned within the arranged time period/place. Should the Equipment be damaged outside of normal wear and tear or require cleaning, the Hirer shall deduct the appropriate fee from the deposit to repair the Equipment as set out in section 7.3 and will confirm the reason for such charge in writing to the Customer. If the Equipment cannot be repaired, the Customer is responsible for all fees to replace the Equipment. 


3.6 If the above terms are not complied with, the Hirer reserves the right to charge reasonable charges until the Equipment is returned to us. If Equipment is returned damaged, the Customer is responsible for all costs incurred and sustained in repairing or replacing the items concerned. In all cases, normal wear and tear is defined by the products manufacturer or supplier is acceptable and included in the hire price. In all cases, the security deposit can be used against the costs or charges mentioned herein. 


 

4. Fees and Payment

4.1 The Hire Fees will be determined by reference to the length of the Hire Term, the type and quantity of Equipment, the Price List and any additional items which may be included in the Hire, as set out in the Schedule to these Terms and Conditions.


4.2 Payment shall be made in full, as set out in the Schedule to these Terms and Conditions, prior to the commencement of the Hire Term. Online payment can be made by credit/debit card. For group payments, payment may be made by BACS or credit /debit card. 

5. Delivery and Collection

5.1 Following the receipt by the Hirer of the Hire Fees (and Deposit if required), the Customer will collect the Equipment from the Hirer by 8am on the day of hire, or at a pre-arranged time otherwise.

 

5.3 Upon collection, the Customer shall be deemed to have accepted delivery of the Equipment, assumed responsibility therefore and shall not have the right to subsequently dispute the facts of the delivery.

5.4 In the event that the Hirer is unable to deliver the Equipment due to the Customer’s absence from the Location (along with that of any authorised representatives) additional delivery charges may be incurred for any necessary re-delivery. Any such additional charges shall be borne by the Customer.


5.5 At the end of the Hire Term, on the agreed collection date the Customer shall ensure that all of the Equipment is available for collection by the Hirer’s courier.


5.6 In the event that any Equipment is unavailable for collection on the agreed date the Customer shall be required to pay the relevant Hire Fees for the missing items up to and including the day that they are returned to the Hirer (at the Customer’s expense). If those items are not available for collection due to loss or destruction the Customer shall be required to pay the cost of replacement in accordance with the Hirer’s then current Price List.


6. Use and Care of the Equipment

6.1 The Customer may only use the Equipment for the normal purpose for which it is intended.

6.2 All Equipment must be used in accordance with any and all operation and safety instructions or similar documentation provided.

6.3 The Customer may not make any alterations or adjustments to the Equipment beyond those that would be considered reasonable for normal use of the Equipment within the range of possible adjustments specific to a given item.

6.4 The Customer may only affix or connect other items to the Equipment where such affixation does not exceed the design limitations of the Equipment and is not likely to damage it in any way. The customer will not deface or sticker any of the Equipment hired to them in any way.

6.5 The Customer shall at all times treat the Equipment with a reasonable level of care and shall ensure that it is kept clean, subject always to reasonable levels of wear and tear. In particular, the Customer shall clean the Equipment before returning to the Hirer so that is in no less clean than when provided to the Customer.

6.6 In the event that the Equipment is not available for whatever reason, the Hirer reserves the right to substitute the Equipment with equipment of a similar quality and specification, and which may be a different brand.

7. Maintenance

7.1 The Customer shall not attempt to make any repairs to the Equipment without the prior written consent of the Hirer. When the Hirer is contacted in this regard it shall have the option of repairing the Equipment itself or granting the Customer permission to make the necessary repairs at a pre-approved repairer. The cost of such repairs shall be borne by the Hirer whereby the repair is due to negligence to maintain the Equipment or the Customer in all other circumstances.


7.2 All parts which may require replacement during the Hire Term shall be replaced free of charge by the Hirer provided that such replacement is necessitated by nothing more than normal wear and tear. Additional damage may result in the Customer being charged for the cost of replacement parts and associated labour.

7.3 An example of costs for repair and cleaning are as below; Prices may vary. 

Cleaning £25
Valve Repair from £60
Patch Repair from £60
Seam Repair from £68
Fin Box Repair from £100
Leash Ring Repair from £60
Replacement Paddle from £50
Replacement Leash from £20
Fin Bolt Kit from £10
Replacement Fin from £15
Replacement Carry Bag from £50
Replacement Pump from £70

8. Insurance


8.1 The Hirer is encouraged to insure The Equipment as part of the Hire. The Hirer is liable for any claims occurring during their use of the equipment. As an example, this insurance cover should provide for the following as a minimum:

8.1.1 Damage whilst the Equipment is in transit and whilst it is being used responsibly in accordance with these Terms and Conditions.
8.1.2 Theft, provided such theft occurs to Equipment responsibly looked after by the Customer.
8.1.3 Public liability whilst being used by the Customer.

8.1.4 Personal Injury at the Customer’s discretion.

8.2 In the event of damage or theft of the Equipment, the Customer agrees to pay an insurance excess of up to five hundred pounds (£500) per event or the full retail price to replace the item. 

8.3 The Hirer will maintain sufficient public liability insurance coverage at all times during the Hire Term.

8.4 The Equipment is only insured for use in the United Kingdom and must not be taken outside of the United Kingdom without the Hirer’s prior written approval.

 

9. Waterways License

 

It is the sole responsibility of the Customer to ensure they have the adequate permission and license, where applicable, to use an unpowered craft on the water they intend to use. Licenses can be bought directly from the appropriate agency covering the waterway, from the Canal and River Trust, or as part of membership to British Canoeing or the Water Skills Academy. It is the Customer’s responsibility to check with each individual agency whether the waterway is covered. The Hirer will not be responsible for any fees, including fines, incurred whatsoever where Customers paddle with-out an appropriate license.

10. Liability

10.1 The Hirer will not be liable for any personal injury or damage to property which results from the use of the Equipment.

10.2 The Hirer will not be liable for any other loss or damage arising out of any circumstances beyond its reasonable control.

10.3 Nothing in these Terms and Conditions restricts the Hirer’s liability for death or personal injury arising out of any act or omission of the Hirer.

10.4 Subject to the foregoing, the Hirer’s liability shall not exceed the Hire Fees actually paid by Customer.

 

11. Weather and Water Conditions
 

The Hirer is within their rights to cancel the booking if they deem the weather or water conditions to be unsuitable or dangerous conditions for SUP. This can change at short notice, including on the day of hire. Every attempt will be made to give as much notice as possible but be aware this is not always possible. In this instance, the Customer will be offered an alternative date to be agreed by the Hirer, or a refund of the Hire fees paid. 

12. Data Protection

The Hirer will not share the Customer’s personal data with any third parties for any reasons without the prior consent of the Customer. Such data will only be collected, processed and held in accordance with the Hirer’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998. The Hirer is registered as a data controller with the Information Commissioners Office.

13. Hirer Termination

13.1 Where the Customer is an individual, the Hirer shall be entitled to terminate the Hire in the event that:

13.1.1 the Customer is in breach of these Terms and Conditions;
13.1.2 the Customer has had their personal belongings confiscated in order to satisfy debts; or
13.1.3 the Customer has a receiving order made against them.

13.2 Where the Customer is a company, the Hirer shall be entitled to terminate the Hire in the event that:

13.2.1 the Customer is in breach of these Terms and Conditions;
13.2.2 the Customer goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.

13.3 In the event of termination for any of the above reasons:

13.3.1 all payments required under these Terms and Conditions shall become due and immediately payable; and
13.3.2 the Hirer shall have the immediate right to request the immediate return of the Equipment or repossess the Equipment and may charge the Customer for any reasonable costs involved in such repossession.

14. Customer Termination

14.1 In the event Customer terminates the Hire, the following charges shall be applicable:

14.1.1 If the Customer gives the Hirer over 15 days’ notice, there is no fee to pay.
14.1.2 If the Customer give the Hirer equal or less than 14 days’ written notice: 50% of the Hire Fees shall be payable.


14.2 Customers who wish to use the Equipment on the River Thames but are unable to, due to official red or yellow warning boards displayed by the Environment Agency shall have the option to:

14.2.1 re-book the Hire for another date to be agreed with the Hirer; or
14.2.2 receive a full refund of the Hire Fees.

15. No Waiver

No failure by either the Hirer or the Customer to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

16. Severance


If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.

 

17. Force Majeure


The Hirer shall not be liable for, nor shall it be considered in breach of these Terms and Conditions due to, any failure to perform its obligations pursuant to these Terms and Conditions as a result of a cause beyond its control, including any act of God or a public enemy or terrorist, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, theft or criminal misconduct of unrelated third parties, disruption or outage of communications (including the Internet or other networked environment), power or other utility, labour problem, unavailability of supplies, extraordinary market conditions or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by the Hirer with reasonable care.


18. Law and Jurisdiction


18.1 These Terms and Conditions shall be governed by the laws of England and Wales.


18.2 Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.

 

Updated: July 2020.

© 2020 by Nene Valley SUP.

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