Paddleboard terms and condtions
1.1 These terms ("Terms and Conditions") set out the terms and conditions that apply to the contract between Stewart Marine and Trading Co Ltd, Trading as ‘Harts Boats and Boards’ (“Us”, “We”, “Us”, “Our”) for hiring a Paddleboard (as defined below) to You (“You”, “Your”) ("the Contract") through www.boatsandboard.co.uk (Our, or this, "Site").
1.2 Please read the Contract carefully and ensure that You understand it before You hire a Board from Us.
1.3 The paddleboard is an inflatable boad suitable for carrying one (1) person (including the You) ("the Board").
1.4 You should print a copy of the Contract for future reference.
1.5 Please note that references to defined terms in the singular include the plural and vice versa. The headings of this Contract are for identification only and shall not be deemed to be part hereof or be taken into consideration in the interpretation or construction of this Contract.
2.1 By hiring the Board from Us, You represent and warrant that You are a bona fide end-user customer hiring for Your own or another’s personal use.
2.2 By hiring the board from Us, You agree to be bound by the Contract.
2.3 Only individuals (and not legal entities) who are eighteen years of age and who have legal capacity to enter into contracts may hire the Vessel.
2.4 As the individual making the booking, You are responsible for complying with the contract
2.5 As the individual entering into the Contract with Us, You represent and warrant that you are over eighteen years of age and have the legal capacity to enter into the Contract.
2.6 By hiring a Board from Us, You represent and warrant that You have brought the Terms and Conditions to the attention of every individual using the board. Everyone who uses the board will be deemed to be subject to these Terms and Conditions.
3 HOW WE WILL ACCEPT YOUR BOOKING
3.1 After receiving and accepting your booking, We will send you an email confirmation to the email address provided on the booking ("Our Email Confirmation"). Upon receipt of Our Email Confirmation, the Contract will come into existence between You and Us.
3.2 The Contract is for one (1) Board for the duration selected unless stated otherwise on Our Email Confirmation.
3.3 We reserve the right at any time prior to You receiving Our Email Confirmation to change the hire price, date, duration of hire and/or availability of the Board.
3.4 Each booking will be assigned a unique booking number. Your booking number will be displayed in Our Email Confirmation. Please refer to your booking number when contacting us about your booking and/or when you arrive to hire the Board.
4 YOUR BOOKING
4.1 Your booking will confirm the date, start time, end time of your hire of the Board and the price paid by You ("the Booking")
4.2 We will provide a Board to You on the date, start time and for the duration of your Booking ("the Services"). Time is not of the essence in relation to Us providing you with the Board.
5.1 The price of the Services (which includes VAT) will be the price indicated online when you place your Booking.
5.2 You must pay in full at the time of making the Booking.
6 HANDOVER PROCEDURE
6.1 The Board will be located at Harts Boatyard, Portsmouth Road, KT64HJ ("Starting Point")
6.2 It is recommended arriving 15 minutes before your start time of your hire.
6.3 Upon arriving at the Starting point, the Hirer will be required to show proof of age using a valid form of ID.
6.4 We will go through a handover procedure with You in order to familiarise You with the Board.
6.5 If you fail to arrive at the Starting Point within 20 minutes after the start time of your hire, We reserve the right to end the Contract. In such circumstances, You will not be entitled to the Services, voucher or a refund.
6.6 You must sign the Waiver & Release form on site before using the Board
7 ASSUMPTION OF RISK
7.1 By hiring a paddleboard from Us, You accept that renting the Board and participating in water based activities exposes you to many hazards and entails unavoidable risk of death, personal injury and loss of or damage to property.
7.2 You should be in good physical health to participate in stand-up paddle boarding.
7.3 You are choosing to participate in stand-up paddle boarding despite these risks and hereby assume all risk of injury or loss of life to yourself and loss of or damage to property arising out of renting this board. You accept full responsibility for all such damage or injury which may result.
8 YOUR RESPONSIBILITIES
8.1 You are responsible for ensuring the Board is used safely on the river.
8.2 You must comply with any instructions given by Us when using the board
8.3 The Board must only be used in the area marked in Blue on the attached map
8.4 Under no circumstances should the Board pass through any lock on the river.
8.5 You must return the Board to the Starting Point prior to the end time of your hire.
8.6 Children under 16 years of age must wear a lifejacket at all times when on the Vessel.
8.7 Regardless of swimming ability, You and all individuals over the age of 16 using the board are encouraged to use the lifejackets supplied for your safety. Not wearing a lifejacket is at Your/the individual's own risk.
8.8 When using the board, a safe distance and speed must be maintained between all other vessels, river users, banks and objects.
8.9 You do not have the option of subletting, assigning or loaning the Board to any person or company.
8.10 You shall not use the Board for any other use other than leisure purposes.
9 YOU NEED TO CHANGE YOUR BOOKING AND/OR CANCEL
9.1 Subject to You notifying Us at least 48 hours in advance of the start time of your hire, if You wish to change that Booking or cancel that Booking, you are entitled to a voucher for the price You paid as stated in Our Email Confirmation to be used at another time and/or date.
9.2 If You change or cancel the Booking with Us within 48 hours of the start time of your hire, You are not entitled to a voucher and/or refund.
10 WE NEED TO CHANGE YOUR BOOKING
10.1 The Booking is subject to river conditions. We reserve the right to postpone the Booking if in the sole discretion of Us, the Board, our staff and/or Your safety is at risk due to the weather, river height or any other relevant circumstance.
10.2 In addition to Clause 10.1 above, We reserve the right to change the Booking. If We do make any changes to the Booking, We will inform You. If We change the Booking, You are entitled to either;
10.2.1 Accept the new date and/or time proposed for the same duration at no additional cost. We shall use our reasonable endeavours to minimise the impact of any change to the Booking; or
10.2.2 End the contract and receive a full refund.
10.3 We are under no obligation to cover Your loss of amenity, expenses, costs or loss you incur as a result of Us changing the Booking.
10.4 If you select to cancel the Contract in accordance with Clause 10.2.2 above, Your refund will be made to the original payment method.
11.1 In the event of government regulations enforcing a lockdown, local restriction or equivalent tier system due to a pandemic or state of emergency on the date of your trip, We reserve the right to notify you that the Booking has been cancelled and provide You with a voucher for the price You paid for your Booking to be used on another suitable time and date when the lockdown, local restriction or tier system has been lifted and We have availability.
11.2 We will make all reasonable efforts to avoid, minimize or prevent the effect of such events and/or conditions detailed in Clause 11.1 impacting the Booking.
11.3 Neither party shall be liable for any loss, damage or delay due to any of the events and/or conditions detailed in Clause 11.
12 LATE REDELIVERY FEES
12.1 If the Board is not redelivered by You to the Starting Point prior to the end time of hire as set out in the Booking, You shall pay the late redelivery fee of £10.00 every 20 minutes until the Vessel is redelivered to Us at the Starting Point.
12.2 In addition to Clause 12.1 above, You must notify us if the Vessel will not be back at the Starting Point before the end time as set out in the Booking. If You do not notify Us in advance of the end time expiring, We may start any search for the Board. Any costs incurred in connection with the search will be charged to You in addition to the late redelivery fee.
13 DAMAGE TO THE BOARD
13.1 If any damage occurs to the Board, Our Berth and/or Our marina due to Your use and/or operation of the Board, You are liable for the full costs incurred by Us in repairing and/or replacing the damaged Board and/or equipment.
14 ALCOHOL, DRUGS AND/OR BANNED SUBSTANCES
14.1 You undertake that You and/or any individual on the Vessel will not be under the influence or carry on the Board for the duration of the hire any drugs, Alcohol or banned substances.
14.2 Should We suspect any time that You or any individual on the Vessel are under the influence of excessive alcohol consumption, drugs or banned substances, in Our sole discretion, We can refuse You and/or any individual on the Vessel and/or terminate this Contract with no refund to You.
15 OUR RIGHTS TO END THE CONTRACT
15.1 We can cancel this Contract immediately for any of the following reasons:
15.1.1 We receive no payment for the Services in advance of the start time of the hire; or
15.1.2 You refuse to sign the handover procedure; or
15.1.3 You do not return the Board to the Starting Point within 40 minutes of the end time of the Booking. At this time, You shall immediately return to the Board to the Starting Point.
15.2 Subject to Our rights set out in this Contract, if We end the Contract for any of the reasons stated above, We will keep any payment for the Services.
16 THIRD PARTIES
16.1 No provision of this Contract shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to it.
17 HOW WE MAY USE YOUR PERSONAL INFORMATION
17.1 We use google analytics to improve our content and as such Our Privacy and Cookie Policies are set out in the following link, https://policies.google.com/technologies/partner-sites. These set out how We will use personal information, which We will always do in accordance with data protection legislation. Please read them carefully.
18 OUR LIABILITY
18.1 We only hire the Board for private use. You agree not to use the Vessel for any commercial, business or re-sale purposes, and We shall under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.2 Subject to clause 19.4 below, We shall under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or Consequential Damages arising under or in connection with a failure by Us to comply with the Contract. “Consequential Damages” shall include, but not be limited to:
18.2.1 consequential or indirect loss under English law; and
18.2.2 loss of use, loss of amenity, loss of profits, loss of revenue, loss of transport costs, loss of accommodation costs, cost of insurance, in each case whether direct or indirect to the extent that these are not included in Clause 19.2.1 above and whether or not foreseeable at the date of this Contract.
18.3 Subject to clause 18.4 below, Our total liability to You in respect of all losses, however so arising, under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall (to the fullest extent permissable by law) in no circumstances exceed the price paid by You for the booking.
18.4 Nothing in these terms shall limit or exclude Our liability for any liability for which it would be unlawful for Us to exclude or restrict liability (including but not limited to: (a) death or personal injury caused by Our negligence; (b) Our fraud or fraudulent misrepresentation; and (c) any breach of the terms implied into contract by the following sections of the Consumer Rights Act 2015: sections 9 and 34 (satisfactory quality); sections 10 and 35 (fit for purpose); sections 11 and 36 (as described); sections 12 and 37 (conformity to pre-contract information); section 16 (non-conforming digital content) and section 28 (delivery).
19 STATUTORY RIGHTS
19.1 You benefit from the rights conferred by statute, such as the Consumer Rights Act 2015. Nothing in the Contract seeks to exclude the rights conferred on You by any legislation in force in the UK, as amended from time to time.
19.2 Advice about Your legal rights is available from the Citizens' Advice Consumer Service (Website www.adviceguide.org.uk or call on 03454 040506).
20.1 We always hope to be able to resolve any disputes with you as problems are identified. If we are unable to do so, this clause provides the procedure that we will follow.
20.2 This Contract is governed by the laws of England and Wales.
20.3 Any dispute between Us and You in connection with or arising out of the Contract shall be resolved by means of the following procedure:
20.3.1 One party shall serve a notice of dispute in writing or by email on the other party setting out (i) the background facts to the dispute, (ii) the contractual clauses relied upon by the Party initiating the dispute process and (iii) the value of the dispute with a detailed explanation of how the value of the dispute has been calculated by that Party ("Notice of Dispute").
20.3.2 Within 10 Business Days of the Notice of Dispute being served on the other Party, the parties (or their representatives) shall discuss the matter, either in person or by telephone. The Parties (or their representatives) shall make all reasonable efforts to reach an agreement.
20.3.4 If no agreement is reached under Clause 21.3.2 above or 10 Business Days have passed since the Notice of Dispute was served on the other Party, the Parties shall, acting in good faith, within 40 days from the date of the Notice of Dispute, attempt to resolve the dispute by attending mediation. The mediation shall be in accordance with the Centre for Effective Dispute Resolution Model Mediation Procedure. The Parties shall exchange mediation papers (maximum 2 pages long) outlining their position five (5) Business Days in advance of the mediation. The mediation shall be conducted in London, United Kingdom.
21 OTHER IMPORTANT TERMS
21.1 We may transfer this Contract to someone else. We may transfer Our rights and obligations under the Contract to another organisation.
21.2 This Contract, including all appendixes referenced herein and attached hereto, is the entire agreement of the parties, which supersedes all previous written or oral understandings, and which may not be modified except by a written amendment signed by both parties.
21.3 You cannot transfer Your rights to someone else.
21.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms and Conditions 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.
21.5 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 and Conditions, 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 and it will not prevent Us taking steps against You at a later date.
21.6 Nothing in these terms and conditions, including Clause 22 affects Your rights as a consumer to rely on such mandatory provisions of local law.
23. MEDICAL CONDITIONS
23.1 If You and/or any individuals on the Vessel have any medical conditions and/or requirements, You must be satisfied that before using the Board, You/they are medically fit to do so.
23.2 If You have any reason to suspect that You and/or an individual has a condition which might be made worse by the use of a board or could cause you difficulty if you do not have medical assistance before the trip has ended, then You/they should not get on the board.
23.3 If You have any suspicions whatsoever, You are obliged to seek professional medical advice before the start time of the hire. Whenever You are aware of a health condition but have been advised that You are fit to travel provided certain precautions are taken, it is Your responsibility to ensure that all such precautions are in fact taken before, during and after the trip, and that You are able to produce written evidence of your fitness to travel, if requested.