Terms & Conditions

 1. DEFINITIONS AND LAW
The “Contract” is the document or documents that set out these Conditions and all other details about your agreement with us. “We”, “Us” mean the supplier of the hired Equipment (Hiraeth Hire). “You”, “Yours” and “Customer” means the person, firm, or company to whom we supply Equipment/Goods on hire. “Equipment” and “Goods” means the hired items referred to in the Contract. “Recipient” means the person, firm or company when it is not you. These Conditions exclude any terms and conditions you may have put forward, except where we have agreed to any amendments or other conditions in writing. These Conditions do not affect the statutory rights of a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977 or any statutory modification of that Act. The Contract will be governed by and interpreted in accordance with English Law.

2. BASIS OF CHARGING/PAYMENT
Payment of the full hire cost together with a refundable deposit must be made at the time of placing your order unless agreed otherwise. Payment can be made using our online booking system. Upon receipt of your order by online booking we will confirm by email or by telephone.  This confirmation shall be checked thoroughly by you and any errors or queries notified to us within 48 hours of receiving such confirmation.  If we receive no such notification, we will assume the details of the confirmation are correct and delivery will be effected as agreed. 

 

3. DAMAGE DEPOSITS, NON-RETURNED, LOST, STOLEN, DAMAGED OR UNCLEAN EQUIPMENT
(i) You have full responsibility for the care, safekeeping and return in good order of the Equipment.
(ii) You will pay to us all costs we incur in rectifying any Equipment returned damaged or unclean. Additionally, you will pay for our financial loss until such rectification is complete.
(iii) Where Equipment is lost or stolen or damaged beyond economic repair, you will pay for all financial loss to us until you have paid to us the replacement cost. This is without
prejudice to our other rights.

(iv) Provided the goods are returned to us on the last date of hire in the same condition as you received them, and in the absence of any agreement to the contrary, we shall return the deposit to you in full via your original payment method. 

(v) Any damage or costs incurred in rectifying will be deducted form your deposit accordingly. 

4. RECEIPT OF EQUIPMENT
The Customer, or the Recipient on the customers behalf, will receive and should check the equipment for quantity and condition upon delivery/collection. If any of the Equipment are in an unsatisfactory condition, the Customer or the Recipient must give written notice of this to Hiraeth Hire on the day of delivery. If this condition is not observed, no claim in respect of shortage or of unsatisfactory condition of the Equipment will be entertained. We undertake that the Goods will conform in all material respect with their description. 

 

Hiraeth Hire reserves the right to refuse or cancel an order due to reasons beyond our control, including stock unavailability.  Customers will be notified at the earliest opportunity and a full refund given of any payments made. 

 

We reserve the right to send an alternative item of equipment, other than specifically listed on our website, where this is necessary due to circumstances beyond our control.  In this instance, we will endeavour to send an appropriate alternative item that is fit for the purpose of your hire and, where possible, will notify you of this in writing beforehand.

 

5. RISK AND TITLE TO EQUIPMENT
The ownership of the Equipment will remain with Hiraeth Hire and we reserve the right to dispose of the Equipment which we have supplied at any time to the Customer. For the duration of the hire the Customer will hold the Equipment on behalf of Hiraeth Hire  and will be under an obligation to return the Equipment to Hiraeth Hire on demand.

 

6. RISK AND TITLE TO GOODS
(i) The risk in the Equipment will pass to the Customer immediately on delivery of the Equipment to you or to the recipient.
(ii) The ownership of the Equipment will remain with Hiraeth Hire and you permit Hiraeth Hire to enter any land or premises of yours to recover our Equipment.

 

7. WHEN THE CONTRACT COMES INTO BEING
The Contract comes into being when you have placed an order giving details of your requirements and have agreed to be bound by these Conditions and we have accepted your order.

 

8. CANCELLATION: 

Cancellations terms are as follows:- 

1. If you cancel your hire agreement 7 days or more before your agreed rental period, you will receive 100% refund. 

2. If you cancel your hire agreement 7 days or less before your agreed rental period, you will receive 50% refund. 

3. If you cancel your hire agreement 2 days or less before your agreed rental period, you will receive 0% refund. 

Whenever you cancel, you will always receive 100% your damage deposit back. 

 

 

9. SAFETY AND INSTRUCTIONS

Where possible, instructions will be supplied with the equipment. You are responsible for reading these carefully prior to using the equipment and for complying with these instructions whilst using the equipment. You must ensure that the Equipment is not misused. If hiring a stand-up paddleboard or kayak Hiraeth Hire cannot stress the importance of safety in the water. If you hire equipment from us you do so at your own risk and if you are not a competent kayaker or paddleboarder then we highly recommend booking a lesson prior to hiring equipment. 

 

You have full responsibility for the care and safekeeping of the equipment and will retain it in your possession and under your control at all times. You are responsible for ensuring that it is used in a safe and sensible manner, used only for the purpose for which it is supplied and in accordance with the manufacturer’s instructions and it is your responsibility to provide adequate supervision where appropriate.

 

 

10. RESPONSIBILITY OF HIRER (YOUR RESPONSIBILITY)
(i) Your responsibility for the Equipment begins when you receive the Equipment. Your responsibilities include safekeeping of the Equipment, and protection against the elements, theft, vandalism or improper use. You are responsible for the return of the Equipment or making clear arrangements with us for the collection of the Equipment at the end of hire. Your responsibility ends only when the Equipment has been returned or collected and you have our unqualified receipt for all of the Equipment. 

(iv) The Customer will indemnify Hiraeth Hire against any and every expense, liability, financial loss, claim or proceedings whatsoever, and in respect of any death or personal injury whatsoever or damage to or loss of property whatsoever. 
(v) You should not remove, deface or cover up the name plates or marks which we have placed on Equipment, which indicates that it is the property that belongs to us. Nor will you deface, alter or cover up any notices giving warnings, information or instructions about the use of the Equipment. You must take all reasonable, adequate and proper measures to protect the Equipment from vandalism and any other damage including, but not limited to, damage caused by adverse weather conditions such as frost.

 

 

11. MAINTENANCE OF EQUIPMENT, BREAKDOWN PROCEDURES AND ACCIDENT REPORTING
You must throughout the period of the Contract take good care of the Equipment and keep yourself acquainted with the state and condition of the Equipment, ensuring that it remains safe, serviceable and clean; order and pay for such consumable items as you shall require to operate and use the Equipment; and under no circumstances must you make or endeavour to make any repairs, alterations or additions to the Equipment or any part thereof nor permit any other person to do so without our prior written consent. Any breakdown or any unsatisfactory working of Equipment must be immediately notified to us. You must notify us immediately if the Equipment is involved in any accident resulting in damage to the Equipment or to other property, or injury to any person. No allowance for the hire charges or for the cost of repair will be made by us to you unless they have been specifically authorised in writing by us to carry out the repair. You will be responsible for the expense arising from any breakdown of the Equipment unless it is deemed by us to have been caused by an inherent fault in the Equipment, normal running repairs or fair wear and tear. You shall be responsible for all loss and damage incurred by us including but not limited to that caused by your negligent misdirection or misuse of the Equipment whether by you. You shall be responsible for all hire fees during such time as the Equipment is idle due to such a breakdown.

 

 

12. LIMITS OF OUR LIABILITY- YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
(i) Nothing in these terms and conditions shall exclude us from liability for death or personal injury caused by our negligence, fraudulent misrepresentation or any other type of liability which cannot be excluded or limited by operation of law.
(iii) This clause will survive termination or expiry of these terms and conditions.

(iv) We cannot accept responsibility for any failure or delay on our part to fulfil our obligations where such failure/delay is caused by circumstances beyond our control or by a 3rd party provider.

(v) Subject to the provisions of the Unfair Contract Terms Act 1977 (as amended) we are not responsible for any injury, loss or claim arising out of the use of the equipment.

 

13. INSURANCE AND YOUR RESPONSIBILITY FOR LOST, STOLEN OR DAMAGED EQUIPMENT
You will pay to us the replacement cost of any Equipment which is lost or stolen or damaged beyond economic repair. The damage deposit will be kept to cover the cost of any damage. You are advised to insure the Equipment on this basis. You will hold in trust for us and pay to us on demand all money you receive from an insurance company or from any other source in settlement of any claim relating to the loss, theft or damage of any of the Equipment. You must not compromise any claim without our express consent.

 

14. CONFIDENTIAILTY, DISCLOSURE AND DEFAMATION – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
If an incident should occur in which a piece of our Equipment provided to you is involved this must be reported to Hiraeth Hire as soon as possible. No announcement relating to our Equipment should be made or any blame attributed to our Equipment without our having had the opportunity to investigate the incident. Any press release, discussion, briefing or industry circular which falsely attributes blame to our Equipment will be investigated and we will take appropriate action against any party who makes inaccurate statements about our Equipment when another factor out with our control such as operator error, site conditions, weather conditions or your failure to comply with a clause of this Contract was to blame. Making inaccurate statements about our Equipment may cause us financial loss. If this occurs we will seek to recover that loss from you. We take matters of this nature very seriously and may refuse to hire Equipment to you in the future should you fail to comply with the terms of this clause.

15. FORCE MAJEURE
Neither party to the Contract shall be under any Liability for any the failure to perform any of their respective obligations as a result of Force Majeure, other than your obligation to make any payment hereunder. Following notification by one party to the other of Force Majeure, the affected party shall be allowed a reasonable extension of time for the performance of its obligations. For the purposes of this Clause, “Force Majeure” means fire, explosion, flood, adverse weather conditions, lightning, government restrictions, act of God, act of terrorism, war, rebellion, riot, sabotage, pandemics, strike or similar labour dispute, traffic delays or other events or circumstances outside the reasonable control of the affected party.

16. TERMINATION OF HIRE
Hiraeth Hire will be entitled at any time to terminate the Contract with immediate effect and to repossess any or all of the Equipment if you commit a material breach of your obligations under this Contract. Such termination will not affect our right to recover from you any money due to us under this Contract or damages for breach of contract.

17. RIGHTS RESERVED
Any failure by us to enforce any or all of these Conditions shall not amount to, or be interpreted as, a waiver of any of our rights.

18. SEPARATE TERM VALIDITY AND HEADINGS
If any term in this Contract is held invalid this shall not affect the validity of the remaining terms. The headings in these Conditions are for reference purposes only and shall not affect the interpretation of these Conditions. No variation of these terms and conditions shall have effect without our express agreement in writing.