Hire Terms and Conditions

Hire Terms and Conditions

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By hiring equipment from Encounter Adventure ("we," "us," or "our"), you ("the Hirer," "you," or "your") agree to be bound by these Terms and Conditions. Please read them carefully.

1. Definitions:

  • Hire Period: The period commencing when the Equipment is collected by or delivered to the Hirer and ending when the Equipment is returned to and accepted by us.   
  • Equipment: The items scheduled in Appendix 1, including any additional items loaned/used by your staff and/or clients during the hire period.    
  • Hire Fee: The total charges payable by the Hirer for the hire of the Equipment, as specified in the booking confirmation.
  • Security Deposit: A refundable amount payable by the Hirer as security against loss, damage, or non-return of the Equipment.
  • School Hire: Equipment hired by educational institutions or recognized youth groups for DofE expeditions and related activities.
  • Public Hire: Equipment hired by individual members of the public for their personal DofE expeditions or other outdoor activities.
  • Casualty Value: The market value of the Equipment at the end of the Term or, in relation to a Total Loss, the market value the Equipment would have had at the end of the Term but for the Total Loss. The Casualty Value may be less than but will not be more than the original purchase price of the Equipment.    
  • Total Loss: Any loss or damage that is not repairable or that would cost more to repair than the market value of the Equipment.    

2. Booking and Payment:

  • All bookings are subject to availability.
  • A booking is considered confirmed once we have issued a booking confirmation (electronically or otherwise) and the applicable payment (or deposit, if offered) has been received.
  • Loan Specific Terms: Where no Hire Fee is charged, the Casualty Value is payable if items are damaged or lost. No deposit will be due in relation to such a rental.    

3. Hire Period:

  • The Hire Period is as specified in the booking confirmation.
    Any extension of the Hire Period is subject to our prior written agreement and may incur additional charges.
  • Equipment must be returned by the agreed return date and time. Late returns may be subject to late return fees as specified on our website or at the time of booking.

4. Delivery and Return of Equipment:

  • The renter will arrange for items to be picked up and returned to the Hirers address. 
    We may offer delivery and collection services, the terms of which will be agreed upon at the time of booking.
  • Where the hire is specifically for an event that we are delivering, we will transport the equipment to the start of the event and collect it at the event's conclusion, as part of our service.

5. Use of Equipment:

  • The Hirer will use the Equipment in a good and careful manner and will comply with all manufacturer's requirements and recommendations, respecting the Equipment and with any applicable law respecting the use of the equipment.
    The Hirer will use the Equipment for the purpose for which it was designed and not for any other purpose.
    Unless the Hirer obtains the prior written consent of the Owner, the Hirer will not alter, modify, or attach anything to the Equipment unless the alteration, modification, or attachment is easily removable without damaging the functional capabilities or economic value of the Equipment.
    Specific Conditions for School Hires: The supervising adults within the school or youth group are responsible for ensuring the safe and proper use of the Equipment by the participants.

6. Repair and Maintenance of Equipment:

  • The Hirer will, at the Hirer's own expense, keep the Equipment in good repair, appearance, and condition, normal and reasonable wear and tear excepted.
    The Hirer will supply all parts that are necessary to keep the Equipment in such a state.  The Hirer will make no alteration to the Equipment and shall not remove any existing component(s) from the Equipment without the prior written consent of the Owner.
    If the Equipment is not in good repair, appearance, and condition when it is returned to the Owner, the Owner may make such repairs as are necessary to put the Equipment in a state of good repair, appearance, and condition, normal and reasonable wear and tear excepted. The Owner will make the said repairs within a reasonable time of taking possession of the Equipment and will give the Hirer written notice of, and an invoice for, the said repairs.  Upon receipt of such invoice(s), the Hirer will immediately reimburse the Owner for the actual expense of those repairs.
    The Hirer may, but is not obligated to, enforce any warranty that the Owner has against the supplier or manufacturer of the Equipment.  The Hirer will enforce such warranty or indemnity in its own name and at its own expense.

7. Warranties:

  • The Equipment will be in good working order and good condition upon delivery.
    The Equipment is of merchantable quality and will be fit for the purpose for which it is designed at the point of hire. 

8. Loss and Damage:

  • The risk of loss, theft, damage, or destruction of the Equipment shall pass to the Hirer on Delivery. The Equipment shall remain at the sole risk of the Hirer during the Term (the Hirer shall, at its discretion and at its own expense, obtain and maintain insurance in respect of the Equipment).  To the extent permitted by law, the Hirer will be responsible for risk of loss, theft, damage, or destruction to the Equipment from any and every cause.
    If the Equipment is lost or damaged, the Hirer will continue to pay the rent, will provide the Owner with prompt written notice of such loss or damage, and will, if the Equipment is repairable, put or cause the Equipment to be put in a state of good repair, appearance, and condition.
    In the event of Total Loss of the Equipment, the Hirer will provide the Owner with prompt written notice of such loss and will pay to the Owner the Casualty Value of the Equipment, at which point ownership of the Equipment passes to the Hirer. 

9. Ownership, Right to Lease, and Quiet Enjoyment:

  • The Equipment is the property of the Owner and will remain the property of the Owner, and the Hirer shall have no right, title, or interest in or to the Equipment (with the exception of clause 8 above 'Loss and Damage').
    The Hirer will not encumber the Equipment or allow the Equipment to be encumbered or pledge the Equipment as security in any manner.  
  • The Owner warrants that the Owner has the right to lease the Equipment according to the terms in this Agreement.   
    The Owner warrants that providing no Event of Default has occurred, the Owner will not disturb the Hirer's quiet and peaceful possession of the Equipment or the Hirer's unrestricted use of the Equipment for the purpose for which the Equipment was designed.  
  • 10. Insurance:
  • Insurance is not provided by the owner.
  • The hirer should obtain insurance at their discretion however, no evidence of insurance cover is required under this agreement.   

11. Indemnity:

  • The Hirer will indemnify and hold the Owner liable against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney's fees and costs, arising out of or related to the Hirer's use of the Equipment.  

    13. Remedies:

      • Declare the entire amount of the Rent for the Term immediately due and payable without notice or demand to the Hirer.  
      • Apply any Deposit made toward any amount owing to the Owner.  
      • Commence legal proceedings to recover the Rent and other obligations accrued before and after the Event of Default.  
      • Take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. The Hirer waives any and all damage occasioned by such taking of possession.   
      • Terminate this Agreement immediately upon written notice to the Hirer.  
      • Pursue any other remedy available in law or equity.  
        On the occurrence of an Event of Default, the Owner will be entitled to pursue any one or more of the following remedies (the "Remedies")
    • The Hirer is entitled to the protection and remedies available to them under the Consumer Credit Act 1974.

    15. Entire Agreement:

    • This Agreement will constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this Agreement will not be binding on either Party except to the extent incorporated in this Agreement.  

    16. General Terms:

    • This Agreement may be executed in counterparts. Electronic signatures are binding and are considered to be original signatures.  
    • Neither Party will be liable in damages or have the right to terminate this Agreement for any delay or default in performance if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions, wars, insurrections, natural disasters, such as earthquakes, hurricanes or floods and/or any other cause beyond the reasonable control of the Party whose performance is affected.