Terms and Conditions
These Terms & Conditions (“Terms”) set out the terms on which you will be bound if you hire any paddle board equipment from Norfolk Paddle Boards. Please read these Terms carefully as they will govern our relationship with you.
2) NORFOLK PADDLE BOARDS LIMITED, a limited company incorporated in England (company number 12793276) with its registered address at 31 Cattle Market Street, Norwich, Norfolk, NR1 3DY, England (“Norfolk Paddle Boards” / “we” / “us”); and
2) You are a customer (either individually or part of a Party) who wishes to hire paddle board equipment from Norfolk Paddle Boards (the “Customer” / “you”).
1. DEFINITIONS AND INTERPRETATION
Disclaimer Form: the form of liability waiver set out at Annex A.
Hire Day: each day that you have scheduled with Norfolk Paddle Boards to use the Hire Equipment.
Hire Equipment: the stand-up paddle boards and ancillary items made available by Norfolk Paddle Boards to you, as detailed in the Inventory List.
Hire Licence: means a voucher for a Participant to use of the Hire Equipment. A Hire Licence will either be for single use of the Services or on a Subscription basis.
Inventory List: the list of Hire Equipment agreed with you on the relevant Hire Day.
Location: the location notified you for you to collect and/or return your Hire Equipment on a Hire Day. A list of potential Locations are available atwww.nofolkpaddleboards.com/, as updated by Norfolk Paddle Boards from time to time.
Order: a booking form for Hire Licences submitted by the Customer in accordance with clause 3. Orders will either be for single use of the Services or on a Subscription basis.
Participant: any individual person using the Services.
Party: a group of Participants that use the Services by purchasing multiple Hire Licences within a single Order.
Services: the provision of Hire Equipment by Norfolk Paddle Boards to you and/or a Party, as detailed in the applicable Order.
Website: www.norfolkpaddleboards.com. Whilst one individual Participant of the Party may place an Order, all Participants within a Party are deemed to be subject to these Terms. For the avoidance of doubt, all refers to ‘you’ in these Terms is interchangeable with, and includes, references to “you and each Participant within your Party”.
1.2 The Participant placing an Order for a Party will be required to sign a Disclaimer Form on behalf of themselves and all of the Participants in the Party. The Participant placing an Order for a Party warrants and represents that they have:
1.2.1 made the other Participants of the Party aware of the terms of the Disclaimer Form; and
1.2.2 have obtained their approval for the booking Participant to sign the Disclaimer Form on their behalf.
1.3 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. In these Terms, unless the context requires otherwise, the terms ‘including’, ‘include’, ‘in particular’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. Clause headings are for reference purposes only.
1.4 A reference to ‘writing’ or ‘written’ includes email unless stated otherwise, but not faxes.
2.1 These Terms shall:
2.1.1 apply to and be incorporated into any Order for Services to be provided by Norfolk Paddle Boards to you; and
2.1.2 prevail over any inconsistent terms or conditions contained in, or referred to in, any purchase order, confirmation of order, or specification, or implied by law, trade custom, practice or course of dealing.
3.1 You must be at least 18 to place an Order and to use the Services
3.2 The individual placing an Order booking is the designated hirer and they warrant that they have the authority to make such a booking on behalf of the other Participants in their Party. The designated hirer placing an Order is responsible for ensuring that all Participants in their Party have a suitable level of fitness and health to undertake the Service activities booked.
3.3 Any Orders placed by you will be treated as an offer to purchase the Services from us. When you place an Order to purchase Services from Norfolk Paddle Boards through the Website, we will send you a message confirming receipt of your Order and containing the details of your Order (the “Order Notification”). The Order Notification is acknowledgement that we have received your Order, and does not confirm acceptance of your offer to purchase the Services.
3.4 Your Order will only be accepted when we: (i) debit your credit, debit card or other payment account for the agreed fees and security deposit; or (ii) send an e-mail confirming to you that we've accepted your order (the “Order Confirmation”). The Order Confirmation will contain a copy of your Order and Hire Licences.
3.5 We reserve the right not to accept or fulfil an Order. All Orders are subject to availability.
4. PRICE AND PAYMENT
4.1 Payment for the whole hire period is required before hire commences, along with the completed booking form. Proof of identity may be required in the form of a valid driving licence or passport.
4.2 At our discretion a holding deposit of £100 per paddle board hire may be required. This may be increased to the value of the relevant Hire Equipment by bank transfer or other methods deemed suitable by us depending on our assessment of risk and value the relevant Hire Equipment. This deposit will be returned in full provided that the relevant Hire Equipment are used and returned in an undamaged condition to us and returned within the arranged time period and place.
4.3 If the terms stated above are not complied with, we reserve the right to charge reasonable charges until the Hire Equipment is returned to us. If paddle boards/equipment are returned damaged, you are responsible for the costs incurred and sustained in replacing or repairing the items concerned to a condition equivalent to that before hire commenced.
4.4 Where stated by Norfolk Paddle Boards as part of your Subscription, you must implement a direct debit with Norfolk Paddle Boards. You will be sent a link to set up a direct debit mandate in order to collect payment for your invoices automatically. In such circumstances, you will not be able to use your Hire Licences until your direct debit set up has been completed. Further direct debit terms will apply.
4.5 All prices shown on the Website are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time.
4.6 In the unlikely event that the price shown on a Service webpage or the checkout page is wrong, and we discover this before accepting your order, we are not required to sell the Services to you at the price shown. We always try and ensure that the prices of Services shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the Services that you have ordered we will let you know as soon as possible and give you the option of re-confirming your Order at the correct price or cancelling it.
4.7 Without limitation, we may use the security deposit paid by you with your Order to compensate Norfolk Paddle Boards for any liability, costs or charges arising under these Terms by you and/or your Party.
4.8 Any carriage fees will be charged to you where we have to pick up the Hire Equipment from a place other than from the agreed termination Location.
5. BOOKING A HIRE DAY
5.1 All Hire Licences are valid for 365 days from the date that they are issued to you by Norfolk Paddle Boards.
5.2 You will be required to pre-book a Hire Day in order to use your Hire Licences. This can be done via the Website. Whilst we will use reasonable efforts to accommodate your preferred Location on the Hire Day, this is subject to availability and is not guaranteed. We will confirm the Location with you when confirming the Hire Day. We reserve the right to change the Location at any time due to unsuitable conditions.
5.3 When a Hire Licence is purchased as a gift voucher, you have a responsibility to ensure that the unique voucher number is not disclosed to any third parties.
5.4 Each Hire Licence will be valid for single redemption only.
5.5 Hire Licences cannot be: exchanged for cash; extended (except by agreement in writing with Norfolk Paddle Boards); refunded; or transferred to any third party (other than in respect of participants receiving the Hire Licences as a gift). All Hire Licences purchased as vouchers must be used in full and no change or further vouchers for unused amounts of the Services can be issued.
5.6 Hire Licences must be booked and used prior to the expiry date stated within the Hire Licence. After this date the Hire Licence will cease to be valid.
6. OBTAINING YOUR HIRE EQUIPMENT ON A HIRE DAY
6.1 You must present your email detailing your Hire Licence at arrival at the agreed Location. Norfolk Paddle Boards will accept no liability for loss of the Hire Licence and customers that are unable to present an email detailing your Hire Licence will be unable to obtain the Hire Equipment.
6.2 The hire period commences on the day the Hire Equipment is collected by, or delivered to, you and continues until the Hire Equipment is returned to us. If your possession of the Hire Equipment exceeds the scheduled Hire Day(s) booked you then you will be charged for additional Hire Days at our standard rates until the Hire Equipment is returned to us, provided that where such a period exceeds three days, you agree to reimburse us on demand for the full replacement cost of new Hire Equipment.
6.3 You undertake to keep the Hire Equipment safe from damage, loss or theft. You agree to use the Hire Equipment respectfully and not to cause unreasonable wear and tear. In all cases, normal wear and tear is defined by the products manufacturer or supplier is accepted and allowed and is included in the hire price.
6.4 You must notify us immediately of any loss, damage or theft to the Hire Equipment. You agree to reimburse us on demand for the full repair or replacement cost of new Hire Equipment (at our sole discretion) where you breach clause 6.3.
6.5 You undertake not to offer for sale, sell, dispose, mortgage, lend or pledge or otherwise part with the Hire Equipment
and acknowledge and agree that it is provided on a temporary basis only. Norfolk Paddle Boards retains full rights of ownership of the Hire Equipment throughout the hire period. Norfolk Paddle Boards reserves the right to recover the Hire Equipment from any location where you and/or your Party are in breach of these Terms.
7.1 Subscriptions are personal in nature and may only be used by the Subscription holder and may not be used by any other Participant or third party.
7.2 YOUR ATTENTION IS SPECIFICALLY REQUESTED FOR THIS CLAUSE: Each Subscription commences on the date of the Order for the Subscription and shall continue for a period of 12 months (“Initial Term”), whereby it will automatically renew for subsequent successive 12 month periods (each a “Renewal Period”), unless and until you provide Norfolk Paddle Boards with at least one month’s prior written notice (not to take effect before the end of the Initial Term or the end of the then current Renewal Period). PLEASE NOTE THAT WE MAY NOT NOTIFY YOU OF AN UPCOMING RENEWAL, SO PLEASE ENSURE THAT THIS IS DIARISED IN ADVANCE IF YOU ARE INTENDING TO CANCEL BEFORE THE AUTOMATIC RENEWAL DATE.
7.3 All Subscriptions are for a fixed term and, subject to clause 9, refunds for early termination will not be provided under any circumstances.
8. DISCLAIMER AND YOUR RESPONSIBILITIES
8.1 You understand that you are participating in stand-up paddle boarding at your own risk. Buoyancy aids and a leash to the paddle board must be worn at all times when paddle boarding. You are required to provide your own suitable clothing to wear whilst paddle boarding.
8.2 You are solely responsible for your and your Party’s (and third parties that you encounter whilst paddle boarding) safety and wellbeing whilst using the Hire Equipment and Norfolk Paddle Boards takes no responsibility for any subsequent actions or omissions that you make using the or generally.
8.3 Young persons under the age of 18 must be accompanied by an adult while on or near the water.
8.4 Participants require a reasonable amount of mobility, must be competent swimmers and confident in their abilities in and around water.
8.5 Participants should declare any pre-existing medical conditions that may affect their suitability use the Services, such as heart conditions, high blood pressure, epileptic conditions or leg / knee weaknesses.
8.6 If you take any medication, please ensure that you carry such medication with you when you use the Hire Equipment.
8.7 We do not accept liability for changes in your period of hire due to weather and other causes out of our control.
8.8 You agree not to use the stand-up paddle boards if you are impaired by alcohol, drugs or are otherwise unfit to participate.
8.9 You agree that stand-up paddle boards must not be used during hours of darkness.
8.10 You agree to be respectful of other water users in crafts such as barges, kayaks, paddle boards, swimmers and fishermen.
8.11 We reserve the right, without any liability, to withhold or recover the Hire Equipment from any Participant where we consider the Participant to pose a risk to the safety and/or welfare of themselves or any other person.
8.12 You will indemnify and keep Norfolk Paddle Boards indemnified against all losses, costs, and liabilities and all expenses, including reasonable legal or other professional expenses, suffered or incurred by Norfolk Paddle Boards arising out of or in connection with:
8.12.1 any wilful misconduct, reckless conduct, negligence, or any action or omission by you and/or your Party which breaches these Terms and/or which causes any damage or injury to a third party;
8.12.2 your failure to notify Participants in your Party of the terms of the Disclaimer Form; and/or
8.12.3 your failure to obtain approval from each Participant in your Party for the booking Participant to sign the Disclaimer Form on their behalf.
9. CANCELLATIONS AND NON-ATTENDANCE
9.1 All Hire Days are subject to availability and unforeseeable events e.g. staff illness. Subject to clause 10.2, if a Hire Day needs to be postponed for any reason by Norfolk Paddle Boards, Norfolk Paddle Boards will use reasonable efforts to re-book your Hire Day for an available date that suits you.
9.2 Your failure to attend a booked Hire Day will result in your Hire Licence vouchers being automatically redeemed unless there are exceptional circumstances (as determined at Norfolk Paddle Boards’ sole discretion).
9.3 You are entitled to cancel any Order within 14 days from the day on which you placed the Order (“Cancellation Period”).
9.4 To exercise the right to cancel, you must inform us of your decision to cancel the order by a clear statement (e.g. by a letter sent by post or by email). You may use the example model cancellation form below, but it is not obligatory.
9.5 Model Cancellation Form:
To: NORFOLK PADDLE BOARDS LIMITED, of 31 Cattle Market Street, Norwich, Norfolk, NR1 3DY, England
I hereby give notice that I cancel my contract of sale of the following Services:
Ordered on: Order number: Name of customer:
Address of customer:
Signature of customer (only if sent by paper): Date:
9.6 If you book a session within the Cancellation Period, you will need to provide us with your express written confirmation (which may be sent by email) before Norfolk Paddle Boards can provide the Services to you. Please note that by booking the Services within the Cancellation Period, you will be deemed to be waiving your right to cancel your Order. Where only part of a Hire Licence has been used within the Cancellation Period (e.g. if the Hire Licence is for multiple sessions), if the Customer then cancels the remainder of the Order within the Cancellation Period, Norfolk Paddle Boards will refund the Customer a pro rata amount for the unused proportion of the Hire Licence.
9.7 We will reimburse you without undue delay and not later than 14 days after receiving your notice of cancellation.
10.1 You may terminate an Order at any time upon providing you with notice, provided that you acknowledge that no refunds will be payable.
10.2 In the event that we need to cancel an Order for any reason (which may include, for example, unsafe weather conditions), we may do so at any time upon providing you with notice, provided that we shall provide you with a pro rata refund for any unused Services within a period of 14 days from the date of cancellation.
10.3 Without limiting any other rights or remedies, either party (“Terminating Party”) may terminate this Agreement and/or any Service Schedule with immediate effect by providing written notice to the other party (“Defaulting Party”) on or at any time after a breach by the Defaulting Party of its obligations under these Terms which (if the breach is capable of remedy) the Defaulting Party has failed to remedy within 14 days after receipt of notice in writing from the Terminating Party requiring the Defaulting Party to do so.
11. LIMITATION OF LIABILITY
11.1 This clause 11 sets out the entire financial liability of each party (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the other party:
11.1.1 arising under or in connection with these Terms; and
11.1.2 in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.
11.2 Nothing in these Terms limits or excludes the liability of either party: (i) for death or personal injury which results from negligence; (ii) for any damage or liability incurred by a party as a result of fraud or fraudulent misrepresentation by the other party; (iii) under any indemnity in these Terms; or (iv) any other liability which cannot be excluded by law.
11.3 Unless otherwise stated, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
11.4 Subject to clause 11.2, neither party will be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss or corruption of data or information or any unforeseeable, special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. For the avoidance of doubt loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Order process.
11.5 Subject to clause 11.2, each party’s total liability to the other party in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising under or in connection with these Terms will be limited to a sum equal to 100% of the amount paid for the Order giving rise to such claim for damages.
11.6 Nothing in these Terms affects your statutory rights as a consumer, nor does it affect your contract cancellation rights (where applicable from time to time).
12. DATA PROTECTION
12.1 We will be required to process Personal Data relating to you and your Party pursuant to the Services. We will only process such personal data in accordance with our Privacy Notice (as updated from time to time) available at www.nofolkpaddleboards.com/. THIS SECTION ONLY APPLIES WHEN YOU HAVE A SUBSCRIPTION: Please note in particular that if you wish to receive any third party Subscription Benefits as part of a Subscription, we will need to share your name and email address with the relevant third party benefit provider.
13. FORCE MAJEURE
13.1 Neither party shall be liable for any delay in performing or failure to perform (other than a payment obligation) due to any act of god, war, strike lock-out, pandemic, epidemic, industrial action, fire, flood, drought, tempest or any other unforeseeable event beyond the reasonable control of either party. Such delay or failure will not constitute a breach of these Terms and time for the performance of the affected obligations will be extended by such period as is reasonable. If a force majeure event prevents, hinders or delays the affected party's performance of its obligations for a continuous period of more than four weeks, the party not affected by the event may terminate the order immediately by giving written notice to the affected party.
14.1 These Terms constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into these Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that are not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
14.2 All obligations in these Terms which expressly, or by their nature, are intended to continue beyond the termination of these Terms will survive the termination of these Terms.
14.3 We reserve the right to make changes to these Terms at any time upon providing you with notice (including by email). Any changes to these Terms that you wish to make must be agreed with Norfolk Paddle Boards in writing.
14.4 Except as stated otherwise in these Terms. All notices must be in writing and are deemed given when mailed by registered or certified mail, return receipt requested, to the other party’s address. It is agreed that serving notice by email will not be an effective method of providing notice of a claim under these Terms.
14.5 Norfolk Paddle Boards reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract to any third party.
14.6 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
14.7 No one other than a party to these Terms, their successors and permitted assignees, shall have any right to enforce any of its terms.
14.8 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
14.9 If you have any issues with our services, please contact us at firstname.lastname@example.org. Please note that the European Commission has established the ODR Platform, which is available at http://ec.europa.eu/consumers/odr/, as a potential means of resolving disputes.
14.10 These Terms are governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts.