Terms & Conditions and Acknowledgement of Risk
1. HIRE AGREEMENT.
Before the commencement of any trip, our hire agreement and the acknowledgement of risk must be acknowledged and the booking form/hire agreement completed.
2. THE SIGNATURE
( Party Leader) of the agreement is responsible for ensuring that each member of the party is fully aware of the risk when participating in a canoeing/kayaking activity, that they participate at their own risk, and that they are aware of health and safety issues involved. Additionally each member of the party must be individually named on the agreement.
Risks: Change in air temperature, water temperature, wind speed, requires significant physical effort, capsizes, boat entrapment and personal injury cannot be excluded.
Anyone with a medical history has disclosed to us any medical conditions from which they suffer in respect of asthma, diabetes and heart disease. Anyone that is pregnant or epileptic cannot participate.
By signing this agreement the (Party leader) and all participants affirm the hazards involved and safety rules have been explained to them by us, and that they have been clearly understood.
A canoe must have at least 2 people in it. The maximum is 4 – which could be with 1 or 2 adults with 2 children. The maximum number of adults is 3 (with no children). There is a weight limit to each craft of 40 stone.
As a general rule each child under 14 is to be supervised 1 to 1. Children 15 and above could be supervised 1 adult to 2 in some situations, such as both being competent swimmers.
When there are 2 adults and 2 children in a canoe, and if the upper age limit is 10 years for the children, we find a greater risk of capsize. Typically we advise that the children can sit side by side on the middle moulded seat to improve stability.
Where there is 1 adult and 3 children there must be an older teenager ( 17 years) who can look after themselves independently, i.e. strong swimmer, water confident etc. and also take responsibility for one of the other children with their parents/Guardians consent.
The test we ask parents to apply is,’ would you be happy leaving one child to fend for themselves in the water?’
Where a party member is aged less than 17 years, a parent, guardian or responsible adult must supervise at all times and must sign the agreement. No person under 4 years is allowed to participate.
We are letting and you are hiring the goods detailed on your hire schedule together with any accessories described (the Goods) for the period of hire shown thereon, upon the terms and conditions set out in the agreement including those set out on said schedule.
YOUR OBLIGATIONS. You shall:
3.1 USE AND LOCATIONS
Keep the Goods in your possession and under your control at all times and use the goods only within the area of, and for the purposes of, your trip previously agreed with us.
3.1 a Listen to and adhere to the safety brief given prior to your launch.
3.1 b ALCOHOL/DRUGS . You will not take alcohol or drugs on your trip. Either will you be under the influence of Alcohol or drugs prior to your trip.
3.1 c BUOYANCY AIDS. You will keep your buoyancy aid on at all times, correctly fitted/adjusted whilst on the river.
3.2 INSPECTION ETC.
Permit our representative access to the goods at all reasonable times, for the purpose of inspecting, repairing and removing goods.
3.3 LOSS OR DAMAGE
Be responsible for losses of, or damage to, the goods caused by your own fault and indemnify us appropriately.
3.4 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 of these conditions.
It is our full obligation and forms part of these terms and conditions to maintain all goods hired as they are in a full working condition, provided that you have abided by all your Obligations (section 3, above).
5. 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 we may terminate the agreement and your continued possession of the Goods will be without our consent.
7. CANCELLATION BY US
We have the right to cancel or re-schedule bookings at our discretion if adverse weather or water conditions are in force on the day of your booking. In these circumstances, deposits will be refunded in full.
8. CANCELLATION BY YOU
If you cancel your booking, we reserve the right to charge you according to the notice you have given us:
A. Less than seven days – your deposit will not be returned
B. Within seven (7) days but more than 48 hours – 50% of basic hire cost
C. Less than 48 hours notice – 100% of basic hire cost.
If you rearrange your booking at the time of cancellation, provided that it is more than 48 hours prior to the date of the original booking, your deposit will be moved to the new booking and no cancellation fees will be applied.
9. TERMINATION BY YOU
You have the right to terminate this agreement at any time. However, unless agreed otherwise, we are entitled to hold back from any refund of payments previously made what is likely to be reasonably needed to cover both any net costs to us of your termination, particularly with regard to the collection of the Goods, and/or the net loss of profit resulting directly from your termination.
Ross on Wye Canoe Hire, The Canoe Hire Company Ltd ( trading as The River Wye Canoe Hire Company ) will not be liable for any death, personal injury, or loss of or damage to goods arising out of the hire of any items by them unless that death, personal injury or loss of, or damage to the goods arises directly from an act of omission on the part of the company, it’s servant or agent.