Kernow Kayak Hire Terms & Conditions
Definitions in these terms and conditions
The company means Kernow Kayak Hire and all of its divisions and subsidiary companies.
The customer means any person, firm, company or other legal entity which places an order or buys any products or services from the company and includes the employee’s servants, agents or sub-contractors of any such person, firm company or other legal entity.
Service means any equipment offered by the company.
Contract means a contract between the company and the customer for the provision of products or services Statutory Interest means statutory interest for the late payment of commercial debts (Interest) Act 1998.
Terms and Conditions means these terms & conditions of provision.
Applicability of Terms & Conditions
These terms and conditions shall be incorporated into the contract and shall apply in place of and prevail over any terms and conditions contained or referred to in any communication from the customer or implied by custom or practice. Other terms and conditions are expressly rejected by the company.
Booking Conditions
The contract shall be formed when the company acknowledges acceptance of the customers booking form and required payment.
Participation in adventurous activities entails some risk of injury, customers need to accept that accidents and injuries can happen.
Any customer under the age of 16 years must be accompanied by his/her parent or guardian at the time of kayak delivery. The parent or guardian need to be aware and accept the risks involved in adventure activities and satisfy themselves accordingly.
The customer is responsible for the safekeeping of all equipment issued for use during the activity. With the exception of fair wear and tear the company reserves the right to charge for equipment that has been lost or misused.
All bookings are on the basis that the customer will, at all times, observe the safety regulations set by the company.
The contract is subject to availability of equipment/date and the acceptance by the customer of these terms and conditions.
Neither the company website or literature constitutes an offer, and the company may correct any errors or omissions to its published prices at any time prior to the confirmation of the contract in accordance with this condition.
All information is produced in good faith that it is accurate at the time of going to press.
Any current price list replaces all previous price lists.
Payment
To secure a booking we require a 50% deposit to be paid. The balance is due prior or on the day of the trip.
Our preferred method of payment is PayPal, but we accept payment by debit/credit card and bank transfer.
Cancellations and Refunds
- If you cancel with more than 24 hours notice before the start time of the trip we will refund the deposit.
- If you cancel with less than 24 hours notice before the start time of trip we will keep the deposit.
- If you are more than 30 minutes late on the day of the trip you may not be able to participate in the trip that day and we will keep the deposit.
Deposit
The Company requires a deposit in the form of a driving license or passport that will be returned on safe return of all kayaks and equipment hired by the customer.
Cancellation by the company
Whilst every attempt is made to ensure that activities actually run, the company will notify the customer of cancellation as soon as practicable where it believes on reasonable grounds that cancellation is necessary due to dangerous and/or unsuitable conditions for the activity.
In the event of cancellation customers will be offered the choice of the following options:
Another booking on a different date; or Full refund of the fee paid.
Health
Customers participating in activities must expect to be involved in adventurous and sometimes strenuous activities. Although prior experience and/or training is not necessary on the activity, customers are expected to be of good general health. The customer must satisfy him/herself that taking part in the activity is within his/her own capabilities. The company reserves the right to refuse a booking on medical grounds if it is considered to be detrimental to the safety and smooth running of the activity. All customers will be required to complete a disclaimer before participating in the activity. The company shall not be responsible for any circumstances arising from a customer failing to divulge relevant information of by providing fraudulent information.
Unruly behaviour
Behaviour that disrupts the smooth running of an activity may result in the disruptive customer(s) being excluded, or the whole activity being terminated. Any damage caused to property or equipment as a result of unruly behaviour will be charged for.
Personal Property
Property belonging to the customer is at all times the responsibility of the customer unless any loss or damage is due to any negligence by the company or its representatives.
Complaints
If the customer encounters any problem or difficulty the company will try and resolve them as soon as is possible. In the first instance report anything either to the instructor, the course director or the management.
If your complaint is not resolved to your satisfaction, please write to Kernow Kayak Hire, 38 Trelawney Estate, Penzance TR20 8SJ. Your concerns will be dealt with within 28 days of writing.
Force Majeure
The company shall have no liability whatsoever in respect of any delay or failure in delivery of the service or of any of the company’s other obligations due directly or indirectly to any cause whatsoever outside the reasonable control of the company including but not limited to act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes or other industrial disputes, unusually severe weather or energy supplies.
Limitation of Liability
The company limits its liability to the maximum extent permitted by law as follows;
The company shall have no liability for any loss or damage suffered by the customer or any other person as a consequence of any defect in any product caused by abnormal conditions of storage, treatment or handling or any negligence or wrongful act on the part of the customer or its employees or agents For any claim arising on an invoice issued more than 3 months before the date upon which such claim is received by the company.
Any failure by the company to perform any part of its obligations in these terms and conditions caused by circumstances beyond its reasonable control.
The company’s liability in respect of death or personal injury caused by the company’s negligence shall not be limited.
Intellectual Property
Copyright and all other intellectual property rights in the products and services shown in the company’s price lists, brochures and other literature shall remain at all time the property of the company. The customer shall acquire no rights in the products and services except as expressly provided for in these terms and conditions.
Data Protection
The personal information requested by the company at the time of booking plus any subsequent information is held in its original form and on computer. The information is required to assist the company, employees, agents and sub-contractors to deliver the course and in maintaining the company’s high standards of delivery. By providing us with the information to process your booking you are agreeing that the information can be kept and accessed by authorised company personnel. Contact details will be used to advise you of future offers either by post or email. If you do not want to receive future mailings please advise us.
Applicable Law
The contract will be governed by the laws of England any dispute will be dealt under the jurisdiction of the courts of England and Wales.
The statutory rights of the customer are not affected by the above.