HIRE TERMS & CONDITIONS

1. HIRE TERMS AND CONDITIONS

1.1 We aim to provide high quality specialist adventure experiences. To achieve this at a reasonable cost we ask you to treat all equipment responsibly.

1.2 Equipment can only be hired on completion of a hire agreement form or by accepting our hire conditions on our online booking portal. We reserves the right to take your Credit Card details to hold as security until the equipment is returned in the condition it was hired out in. Upon acceptance of these Terms & Conditions a binding contract is formed between us and you. We reserve the right not to accept or to fulfil a Booking.

1.3 All Bookings are subject to availability. When a Booking is made by one person on behalf of another person or people, that person confirms to us that he or she has the authority to make such a booking.

1.4 The Hire period commences on the day the equipment is collected or dispatched to you the customer and continues until the equipment is returned to us.

2. HIRER’S TERMS AND CONDITIONS

2.1 You are responsible for ensuring that you have the knowledge, skills and fitness to undertake the adventure activity involving the equipment you have booked. We do not accept any responsibility for your failure to complete your hire period due to lack of knowledge, skill, fitness, illness or injury. We do not accept liability for death, personal injury, loss or damage to personal effects to you the customer, nor can we accept any responsibility for delays or changes to your period of hire due to weather, strikes, war, terrorism or other causes.

2.2 You accept that adventure activities carry their own risks and you have made your booking on the basis that you undertake the hire at your own risk. You understand and accept that we advise the wearing of the designated Personal Protective Equipment at all times when undertaking the adventure activity.

2.3 You will participate responsibly at all times when undertaking the adventure activity. You will not hold us responsible for any loss, damage or injury including death to persons or property with regard to the use of the equipment hired. You accept responsibility to Indemnify us against any claim, interest, demand or expense in respect of such injury or damage.

2.4 You will ensure that you have suitable Insurance cover at all times during the period of your hire. We may offer Insurance as part of its offer and if so, will only use a reputable and affiliated Insurance provider.

2.5 You are responsible for all equipment hired or loaned and it your responsibility to keep these items safe from damage, loss or theft, use it in a proper manner and not subject it to any misuse or unfair wear and tear.

2.6 Any damage caused due to crash or neglect is the Customer’s responsibility and will be charged for.

2.7 You will notify us immediately of any loss, damage or theft to the hired equipment however caused. You will be responsible for paying us the reasonable costs of repair or replacement for any such loss, damage or theft.

2.8 You will not offer for sale, sell, dispose, mortgage, lend, pledge or otherwise part with possession of the hired equipment.

2.9 Our staff are usually available by phone or email to help out with any problems during the hire period; However it is the customer’s responsibility to assemble, set up and keep a check on the equipment they have hired. Whilst we will always do it’s best to have staff available during the hire period this cannot be guaranteed.

3. PAYMENT TERMS

3.1 Payments are collected on booking the equipment. Our cancellation policy is as follows:

Up to 4 weeks before the hire date – 50% of the value of the hire.

Up to 2 weeks before the hire date – 75% of the value of the hire.

Up to 1 week before the hire date – 90% of the value of the hire.

Within 1 week including the day of event. – Full charge will be applied.

*Please note that as of 01/12/2018 all refunds are subject to a fixed charge of £19 from our payments provider. This amount will be deducted from any refunds authorised.

We will consider individual cases in extraordinary circumstances.

3.2 In consideration of our arranging and fulfilling your hire in accordance with these terms and conditions you will pay us the total price for your period of hire set out in the hire agreement form in advance of the hire commencing.

3.3 Late return of equipment will be charged at twice the published daily hire rate for each day/ part day that the equipment is returned late.

3.4 A Credit Card will be required at the commencement of any hire period, but this may extend to a deposit to the value of the equipment by credit or debit card payment or other surety as deemed sufficient by us depending on our assessment of the risk and the value of the equipment. If a deposit is taken it will be returned at the end of the hire period provided that;

Any equipment hired or used are returned in an undamaged condition to us.

Any equipment hired or used are returned within the arranged hire period at an arranged time and place to us.

3.5 If the terms set out in 3.4 (above) are not complied with, we reserve the right to charge reasonable charges until such time when the equipment concerned has been returned to us. In the case of equipment left or returned damaged, you are responsible for any costs incurred and sustained in replacing or repairing (whichever the cheaper) the items concerned to a condition equivalent to that prior to the hire.

3.6 In all cases normal wear and tear as defined by the products manufacturer or supplier is accepted and allowed and is included in any hire price.

3.7 In all cases, the security/ damage deposit can be used as a deposit against the costs or charges mentioned herein.

4. PERSONAL SAFETY

4.1 It is the users responsibility for their own safety. Adventure activities involve personal risk and you must participate responsibly.

4.2 Injury(s) and/or death associated with adventure activities may result from weather, excessive speed, drowning, collision with inanimate objects or other persons, user inexperience, error or abuse of equipment.

4.3 Beginners/novice participants should use the equipment under the supervision of an experienced participant – see our guiding options for beginners/novice.

4.4 You must not participate in adventure activities under the influence of alcohol, strong medication, other drugs or fatigue.

5. OUR LIABILITY TO YOU

5.1 We accept responsibility for death, personal injury and direct loss suffered by you which you can demonstrate was caused by our negligence up to the limit set out in clause 5.3 below.

5.2 We will not be liable to you where any alleged loss or damage results from;

Any of your own actions or omissions;

The action or omission of a third party not connected with the provision of your equipment hire:

An event or circumstances which we could not have predicted or avoided even after taking all reasonable care;

Where any loss or damage is considered to be indirect or consequential loss.

5.3 Except in respect of death and personal injury, in respect of which no limit of liability shall apply, our total liability to you under this contract between us shall be limited to the total cost of your booking.

5.4 We shall have no liability to you if we are unable to fulfil a booking due to an event of Force Majeure. In the event of us being unable to fulfil your booking our liability to you shall not exceed to the agreed cost of the hire.

5.5 Except where expressly permitted under the Data Protection Act 1998, we will only use your personal details in connection with your booking arrangements, unless you agree otherwise. We will keep your personal details secure in accordance with our obligations under the Date Protection Act 1998.

6. COVID

6.1 As of 17th March 2020, we have revised our way of working to accommodate the additional challenge of Coronavirus, with a focus on protecting both our staff and you our clients as required by law.

6.2 To assist us in delivering on our part, we require you to deliver on yours as per current UK Government guidance – Social Distancing when in public, Self-Isolation when necessary & Personal Hygiene (hand washing) at all times

6.3 We also require you to confirm the following – we will accept your acknowledgement of our terms as confirmation;

! confirm that within the last 14 days

• I, nor anyone involved in my booking have not been infected or shown symptoms of Covid-19
• No one in my household or that of anyone in my booking has been infected or shown symptoms of Covid-19
• No one in my household or that of anyone in my booking is in the vulnerable or extremely vulnerable categories as defined in the current UK Government advice

GENERAL

7.1 These terms and conditions constitute the entire agreement between us and supersede any previous agreement or understanding and may not be varied except in writing between us. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

7.2 Any notice required or permitted to be given by either of us to the other under these terms and conditions shall be in writing.

7.3 No failure or delay by either of us in exercising any of its rights under these terms and conditions shall be deemed to be a waiver of that right, and no waiver by either of us of any breach of these terms and conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

7.4 If any provision of these terms and conditions is held by any court or other 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.

7.5 Except as otherwise expressly provided herein, nothing in these terms and conditions confers or purports to confer on any third party any benefit or any right to enforce any of these terms or conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.

7.6 These terms and conditions shall be governed by law, and both of us hereby agree to submit to the exclusive jurisdiction of the relevant Courts.