West Country Water Park Ltd Equipment Hire Terms and Conditions
These terms and conditions apply to the hire of all watersports equipment, including stand up paddle boards and accessories (“Equipment”) from West Country Water Park Ltd (“West Country Water Park”) by Customers (defined below) who are hiring Equipment for use at a location of their choice (“Location”).
- Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Commercial Terms” means the terms such as price, type of Equipment and length of hire specified by the Customer, usually as part of the booking process on West Country Water Park’s website;
“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;
“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 West Country Water Park usually as part of placing a booking for a Hire and the Commercial Terms and these Terms and Conditions which shall govern the Hire of the Equipment;
“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 Commercial Terms; and
“Price List” means West Country Water Park’s price list, current at the time of the start of the Hire Term.
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 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 as amended or supplemented at the relevant time;
1.2.4 a Clause is a reference to a Clause of these Terms and Conditions; and
1.2.5 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.
- Hire Term
2.1 The agreed Hire Term will be set out in the Commercial Terms.
2.2 If the Customer wishes to extend the Hire Term they must contact West Country Water Park to arrange such an extension. Extensions may be made at West Country Water Park’s discretion and subject always to the existence of prior reservations made by other customers. West Country Water Park cannot guarantee the availability of the Equipment to the Customer beyond the end of the pre-existing Hire Term.
2.3 West Country Water Park reserves the right to recall the Equipment immediately at any time. In the event that West Country Water Park exercises this right the Customer will be reimbursed for 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.
3.1 The Customer shall not be required to pay a refundable Deposit to West Country Water Park at the commencement of the Hire Term, unless West Country Water Park asks for one before the start of the Hire Term. The sum of the Deposit shall be set out in the Commercial Terms.
3.2 In the event of a deposit being deemed necessary by West Country Water Park, at the end of the Hire Term West Country Water Park shall have a period of seven (7) days within which to fully inspect the Equipment. If the Equipment requires cleaning and / or maintenance which is the result of normal wear and tear the Customer will receive the Deposit back in full at the end of the inspection period. In the event that additional cleaning and / or maintenance is required West Country Water Park shall retain the Deposit in full or in part as appropriate and shall provide the reasons for such retention to the Customer in writing, including all relevant calculations and pricing information.
- 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 Commercial Terms.
4.2 Payment shall be made in part or in full, as set out in the Commercial Terms, prior to the commencement of the Hire Term. Online payment can be made by credit or debit card.
- Delivery and Return
5.1 Following the receipt by West Country Water Park of the Hire Fees (and Deposit if required), either (1) West Country Water Park shall deliver the Equipment to the Location on the agreed date, as set out in the Commercial Terms, or (2) the Customer will collect the Equipment from West Country Water Park at a date and location agreed in advance.
5.2 West Country Water Park shall use its reasonable endeavours to ensure that delivery is made on time but shall not be liable for any failure to do so.
5.3 The Customer or a suitable authorised representative must be available at the Location at the time of delivery to sign for the Equipment. If they are not, then West Country Water Park may, at its discretion terminate the Hire Agreement and keep the Hire Fee or agree another Location and time for delivery and charge to the Customer any additional delivery charges it incurs.
5.4 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 West Country Water Park or its representative.
5.5 If any Equipment is not returned to West Country Water Park immediately following the end of the Hire Term and the Customer has failed to either contact West Country Water Park and explain the circumstances, or negotiate an extension to the Hire Term (and West Country Water Park has provided written confirmation of such extension), West Country Water Park will conduct an investigation and may inform the police and report the Equipment as stolen and will take steps to recover the Equipment including, but not limited to, charging the Customer’s credit or debit card for the full price of replacement equipment.
- Use and Care of the Equipment
6.1 The Customer will only use the Equipment in a safe and correct manner in accordance with the operating manual/instructions supplier with the Equipment or by West Country Water Park and for the normal purpose for which it is intended.
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.
6.5 The Customer shall be responsible for the safe keeping of the equipment throughout the Hire Term and shall be liable to West Country Water Park for all loss of or damage to the Equipment however caused. The Customer shall also at all times treat the Equipment with a reasonable level of care.
6.6 The Customer shall not remove any labels from and/or interfere with the Equipment or make any permanent modifications to it. The Customer shall ensure that the Equipment is kept clean, subject always to reasonable levels of wear and tear. In particular, the Customer shall clean the Equipment before returning to West Country Water Park so that is in no less clean than when provided to the Customer.
6.6 If that the Equipment is not available at the start of the Hire Term for whatever reason, West Country Water Park reserves the right to substitute the Equipment with equipment of a similar quality and specification, and which may be a different brand.
- Maintenance and loss or damage
7.1 The Customer will notify West Country Water Park of any loss or damage to any Equipment immediately, and where a theft has occurred, the Customer should inform the police and provide to West Country Water Park a crime reference number without unnecessary delay. The Customer will not carry out or attempt to carry out any repairs to damaged Equipment without the prior written permission of West Country Water Park.
7.2 The Customer shall pay West Country Water Park all costs for repairs to damaged Equipment. The Customer shall pay to West Country Water Park the full cost of replacing any lost Equipment, or any Equipment, which in the reasonable opinion of West Country Water Park is uneconomic to repair, with new equipment of the same or similar specification to that equipment which has been lost or damaged. An administration fee of £15 will be added to each missing part or damaged item. The Customer shall also be liable for any loss of rental income resulting from such loss or damage or for the period it takes to effect repairs, up to and including the replacement value of the equipment.
7.3 Where Equipment is returned with missing components, the Customer shall ensure that said components are returned to West Country Water Park by either Royal Mail Special Delivery or an approved carrier service within one working day of being notified. If the components are not returned by this time and no agreement has been made in writing between West Country Water Park and the Customer, all monies owed for replacing said components will become immediately due and West Country Water Park may take them automatically from the deposit (if any) or debit them from the Customer’s card.
8.1 The Equipment shall be insured by West Country Water Park as part of the Hire. This insurance cover provides for the following:
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.
8.2 The insurance cover provided for in this Clause 8 shall not cover accidental or malicious damage.
8.3 In the event of damage or theft of the Equipment, the Customer will have to pay an insurance excess of up to three hundred pounds (£350) per event.
8.4 West Country Water Park will maintain sufficient public liability insurance coverage at all times during the Hire Term.
8.5 The Equipment is only insured for use in the United Kingdom and must not be taken outside of the United Kingdom without West Country Water Park’s prior written approval.
9.1 West Country Water Park will not be liable for any personal injury or damage to property which results from the improper use of the Equipment.
9.2 West Country Water Park will not be liable for any other loss or damage arising out of any circumstances beyond its reasonable control.
9.3 Nothing in these Terms and Conditions restricts West Country Water Park’s liability for death or personal injury arising out of any act or omission of West Country Water Park.
9.4 Subject to the foregoing, West Country Water Park’s liability shall not exceed the Hire Fees actually paid by Customer.
- Data Protection
West Country Water Park 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 West Country Water Park’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
- Hirer Termination
11.1 Where the Customer is an individual, West Country Water Park shall be entitled to terminate the Hire if the Customer is in breach of these Terms and Conditions.
11.2 Where the Customer is a company, West Country Water Park shall be entitled to terminate the Hire in the event that:
11.2.1 the Customer is in breach of these Terms and Conditions;
11.2.2 the Customer goes into bankruptcy or liquidation either voluntary or compulsory or if a receiver is appointed in respect of the whole or any part of its assets.
11.3 In the event of termination for any of the above reasons:
11.3.1 all payments required under these Terms and Conditions shall become due and immediately payable; and
11.3.2 West Country Water Park 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.
- Customer Termination
12.1 In the event Customer terminates the Hire, the following charges shall be applicable:
12.1.1 If the Customer gives West Country Water Park over 20 days’ written notice: £25 shall be payable.
12.1.2 If the Customer give West Country Water Park between 14 and 20 days’ (inclusive) written notice: 25% of the Hire Fees shall be payable.
12.1.3 If the Customer give West Country Water Park less than 14 days’ written notice: 50% of the Hire Fees shall be payable.
- No Waiver
No failure by either West Country Water Park 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.
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.
- Force Majeure
West Country Water Park 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 West Country Water Park with reasonable care.
- Law and Jurisdiction
16.1 These Terms and Conditions shall be governed by the laws of England and Wales.
16.2 Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.