Terms and Conditions of Hire
When you hire from Thrupp Canoe & Kayak Hire, the following Terms & Conditions will apply:
You confirm your willingness to hire the vessel(s), subject to Thrupp Canoe and Kayak Hire’s Terms and Conditions of Hire (see below), at your own risk.
You will confirm that the Rules of the River have been explained to you and that you understand the details.
You understand that watersports are an “assumed risk water-contact activity” and that, as a pre-requisite of taking part, you accept that you are competent, fit and can swim.
You agree that ALL person(s) in your group, including those under the age of 18, are your responsibility at all times.
You agree that you will indemnify the Company against all claims arising from this hire for accident, injury to, or the death of, any person including any Third Party and loss of, or damage to, property, both personal and company, howsoever occasioned.
The safety of all vessels relating to this booking and their occupants is the responsibility of the main (named) hirer from the time that the craft departs its mooring until such time as it is returned to the mooring (or other agreed point) and all occupants have disembarked.
1. THE AGREEMENT
We are letting you and you are hiring the booked vessel(s), together with any accessories and safety equipment described (hereinafter “the goods”) for a period of hire upon the terms and conditions set out in this agreement.
2. YOUR OBLIGATIONS
2.1 USE AND LOCATIONS:
Keep the goods in your possession and under your control at all times; Use the goods only along the specified stretch of water and no other; Wear a suitable buoyancy aid, properly fastened, at all times when on or around the water.
2.2 INSPECTION ETC
Permit our representative access to the goods at all reasonable times, for the purpose of inspecting, repairing and/or removing the goods.
2.3 LOSS OR DAMAGE
Be responsible for, and indemnify us against, loss of or damage to, or caused by the goods whilst in your possession howsoever caused, and notify us as soon as practicable of any such loss or damage. A refundable deposit may be taken and held for the duration of the hire.
2.4 PROHIBITION AGAINST SALE ETC:
Not sell, underlet, or dispose of the goods, and will indemnify us against all losses, costs, claims, damage and expenses howsoever occasioned by your breach.
So long as you observe the terms and conditions of this agreement, we shall maintain the goods in good repair and working condition, and for this purpose, we shall be at liberty to remove the goods or any part of them for such a time as may be necessary and to replace the goods with equipment of similar (but not necessarily identical) type, which shall be held by you on these terms and conditions. Unless we agree otherwise you will not be entitled to any abatement or refund of rental for the time of any such removal, replacement or substitution.
4. CONSEQUENTIAL DAMAGE ETC
We accept no responsibility for consequential loss or damage howsoever arising from the letting evidenced by this agreement unless it arises from our negligent act or default.
Should you commit any breach of this agreement, or appear to be incapable of proper control of your vessel either through drink, drugs or for any other reason such that we believe other waterways users or yourselves to be endangered, we may terminate the agreement and you will no longer be in possession of the goods with our consent. Thrupp Canoe and Kayak Hire will have the right to repossess the goods with immediate effect. The decision of the company’s operative(s) or representative in this respect is final. You will not be entitled to any abatement or refund on the unexpired portion of the hire.
6. TERMINATION BY YOU
You have the right to terminate this agreement at any time, however, unless we agree otherwise you will not be entitled to any abatement or refund. Extra carriage charges may have to be made if boats have to be picked up other than from the agreed termination point.
7. JOINT HIRERS
Where you are more than one, each of you is separately responsible for the performance of this agreement.
Thrupp Canoe and Kayak Hire, will not be liable for any death, personal injury, or loss of, or damage to the goods or personal property arising out of the hire of any items by them unless that death, personal injury or loss of, or damage to the goods or personal property arises directly from an act or omission on the part of the company, its servant or agent.