STAND UP PADDLEBOARD (SUP) EQUIPMENT HIRE TERMS AND CONDITIONS
These Terms and Conditions are applicable to the hire of all Stand Up Paddle Boards and Accessories (Thereafter called “Equipment”) from SUP Hire Thailand Co., Ltd. (thereafter called the “Hirer” or “Company” or “Us”) by Customers (thereafter called “You”) who hire the Equipment for use at a location of their choice.
Your hire of equipment from us indicates your agreement with these terms. If you do not agree with any of our terms, you cannot use our services.
You understand that we at any time at our sole discretion may revise, amend, or completely change these terms and conditions even without any prior notice to you. Your use of our services after any amendments are made shall be interpreted as your acceptance of the terms as amended.
- DEFINITION OF TERMS
Under this agreement, the following terms shall be defined as follows unless the context otherwise requires:
Customer/You: This shall mean the individual who hires Equipment from the Hirer subject to these Terms and Conditions;
Hire: This shall mean the hire of the Equipment by the Customer;
Hire Agreement: This shall be interpreted to mean the agreement entered into by the Customer and the company. This shall incorporate these Terms and Conditions which shall govern the Hire of the Equipment;
Hire Fees: This shall mean the sum payable by the Customer for the Hire of the equipment;
Hire Term: The start and end date of the Hire. This shall be set out in the Schedule portion of this agreement these Terms and Conditions;
Price List: This shall be construed to mean our current price list, effective at the time of the start of the Hire Term;
Writing: In these terms, this shall refer to any communication between hirer and customer, whether by electronic means, fax or similar means.
Statute or a provision of a statute: This shall mean a reference to that statute or provision as re-enacted or amended at the relevant time;
Terms and Conditions/Agreement: Used interchangeably, this shall mean these Terms and Conditions;
Schedule: This shall be defined as a schedule to these Terms and Conditions;
Clause or paragraph: This is a reference to a Clause of this agreement (different from the Schedules) or a paragraph of the relevant Schedule;
Party/Parties: This shall mean the parties to this agreement and this includes the customer and the hirer.
Please note that words imparting the singular number in this agreement shall include the plural and vice versa. You also understand and accept that references to any gender include both genders.
You agree that the headings used in this agreement are for convenience only and shall have no effect on the interpretation of the provisions of these Terms and Conditions.
- HIRE TERMS
If you desire to extend the original Hire Term, you can do so at any time, provided that this is before the conclusion of the original Hire Term. To do this, you are required to contact us to arrange such an extension. Subject to the existence (or nonexistence thereof) of prior reservations made by other customers, extensions may be made for up to five (5) days. While we will do our best to grant requests for extensions, we however cannot guarantee the availability of Equipment to you beyond the end of the pre-existing Hire Term.
We reserve the right to recall the Equipment at any time. Should we choose to exercise this right; the Customer will receive a reimbursement for days remaining in the Hire Term or will immediately receive a replacement Equipment at no additional cost. This may be of the same type or may be the closest type there is to the original equipment.You will be deemed to have authorized us to charge for any costs associated with recovery, if the Equipment is not returned to us on request.
Fees and Payment:
The Hire Fees to be borne by customer shall be determined by factors such as length of the Hire Term, the price list, quantity and type of Equipment required, as well as any additional items to be included in the Hire, and/or as set out in the Schedule to this agreement. You may make payment online. Online payments can be made by credit or debit card. We take a deposit for each board of ฿ 3000. Deposits for the Carbon fibre paddles and Titan pump are discretionary.
Delivery and Collection:
Once we have received your authorization of payment, we shall deliver the Equipment to the specified Location on the agreed date, as set out in the Schedule to this agreement. Please note that delivery dates are indicative only, and that while we shall use our best and reasonable endeavours to ensure that delivery is made on time, we shall not be liable for any failure to do so.
You or an authorised representative must be available at the time of delivery at the Location and will be required to sign before the Equipment is handed over. Should you fail to comply with the provisions of this sub-Clause, you shall be deemed to have accepted delivery of the Equipment and assumed responsibility thereof. Thus, you shall not have the right to afterward dispute the facts of the delivery.
If we are unable to deliver the Equipment due to your absence from the Location, we may charge you additional delivery charges for any necessary re-delivery.
In the rare event that the specified Equipment is not available for whatever reason, we reserve the right to substitute the Equipment with another of a similar quality and specification, and which may be a different brand.
You are to ensure that the Equipment is available for collection by our courier at the end of the Hire Term, and on the agreed collection date.
If the Equipment is unavailable for collection on the agreed date, you will be required to pay the relevant Hire Fees for the missing items up to and including the day that they are returned to us. If those items are unavailable due to loss or damages, you will be liable for the cost of replacement in accordance with our current Price List.
Use and Care of Equipment:
You agree to use the Equipment only for the normal purpose for which it is intended, and for no other purpose.
You must use all equipment in compliance with all operation and safety instructions provided.
You are not to make any alterations or adjustments to the Equipment outside of those that would be regarded as reasonable for normal use and within the range of possible adjustments particular to a given item.
You may only connect or affix other items to the Equipment where such connection does not exceed the design limitations of the Equipment and will not cause damage to the equipment in any way.
You must at all times treat the Equipment with a reasonable level of care and must always keep it clean. Specifically, you must clean the Equipment before returning to the Hirer and ensure that it is returned in the original condition it was in at the beginning of the hire term. You must not use chemicals or detergents that may in any way compromise or damage the materials or construction of the Equipment.
You will be liable to pay for damages to the equipment at the end of the rental period, if the equipment is not returned in a reasonable condition. Please note that you are not liable to pay for cleaning and maintenance resulting from normal wear and tear, but will be answerable for other damages to the equipment. You will be liable to pay for the replacement cost of the equipment in case of theft or loss.
You may under no circumstances attempt to make any repairs to the Equipment without our prior written consent. When you do report a need for repairs to us, we shall either repair the Equipment ourselves or grant you permission to make the necessary repairs. The cost of such repairs shall be borne by either us or you, as to be determined by the reasons for repairs.
All necessary replacements during the Hire Term shall be done free of charge by us, as long as such a replacement is caused by normal wear and tear. We may charge you for additional damage (which without limitation includes cost of replacement parts and associated labour) for replacements necessitated by reasons other than normal depreciation.
The customer shall be responsible for the cost of insuring the equipment. For ease however, customers have the choice of taking out insurance for the hired equipment using a link to an insurance company, available on our website. In the event of damage, customers who opt for this insurance cover will be reimbursed the cost of damage by the insurer, once the insurer agrees with the claim. Customers who choose not to take out the insurance at the beginning of the hire term shall be liable to pay for all damages out of pocket.
We will under no circumstances be liable for any personal injury or damage to property suffered by customer resulting from the improper use of the Equipment.
You also understand and accept that we will not be liable for any loss or damage resulting from events beyond our reasonable control.
Nothing included in this agreement is intended to exclude or limit any legal responsibility for injury or death arising from our deception, carelessness, or any other liability which may not be exempted or limited by law, or that is aimed at affecting your statutory rights as a consumer.
Subject to the foregoing, our liability shall not exceed the Hire Fees paid by Customer.
The Hirer will not under any circumstances and for any reason share your personal data with any third parties without your consent. We collect, process and hold dataonly in accordance with our rights and obligations arising under the provisions and principles of the Data Protection Act 1998.
Where this agreement is made with an individual customer, we may terminate the Hire under the following circumstances; If you are in breach of these Terms and Conditions; you have had your personal belongings confiscated in order to satisfy debts; and/or you have a receiving order made against you.
Where this agreement is made with a corporate/organizational customer, we may terminate the Hire under the following circumstances; the Customer is in breach of these Terms and Conditions; the Customer declares bankruptcy or liquidation whether voluntary or compulsory, except for the purposes of bona fide corporate reconstruction or amalgamation; and/or if a receiver is appointed in respect of the whole or any part of its assets.
When/if we terminate this agreement for any of the reasons listed above, all payments required under this agreement shall become due and immediately payable; and we will have the right to request the immediate return of the Equipment and/or repossess the Equipment. You understand and accept that we may charge you for any reasonable costs borne in the course of such repossession.
In the event that a Customer terminates the Hire, the following shall be applicable;
If the Customer gives us more than 7 days’ written notice prior to the start of the rental period, a fee of (500 Baht) shall be payable, for each board hired.
If the Customer gives us between 4 and 7 days’ (inclusive) written notice, prior to the start of the rental period, 20 percent of the Hire Fees shall be payable, for each board hired.
If the Customer give us less than 4 days’ written notice, prior to the start of the rental period, 50 percent of the Hire Fees shall be payable, for each board hired.
You understand and accept that we shall not be considered to be in breach of these Terms and Conditions due to our failure to perform our obligations pursuant to this agreement as a result of events/situations beyond our control, including without limitation any act of God, act of a public enemy or terrorist, civil or regulatory authority, act of any military, change in any law or regulation, flood, earthquake, fire, extraordinary market conditions, storm, disruption or outage of communications (counting the Internet and other networked environment), theft or criminal misconduct of unrelated third parties, power or other utility, unavailability of supplies, labour problem, or any other cause, which could not have been prevented by the Hirer with reasonable care.
Should any provision of these terms be adjudged to be invalid or unenforceable for any reason by a Thailand court having expert jurisdiction, then such a provision shall be made void while the remaining provisions shall survive and continue to be binding and enforceable.
Except where prohibited, all and any claims, disputes, as well as causes of action (whether directly or indirectly) arising out of this terms and conditions shall be resolved without recourse to any form of class action but individually.
This agreement is construed under and in accordance with the laws of the Kingdom of Thailand and shall thus be so governed. You consent to submit to the exclusive jurisdiction of its courts.
- WAIVER/RELEASE AND INDEMNIFICATION AGREEMENT
You, the undersigned, as “ Customer/Renter” in consideration for the use of the rental equipment identified herein, after receiving and acknowledging the receipt of such equipment, willingly and sign this Waiver/Release and Indemnification Agreement with the explicit intention of releasing and indemnifying SUP HIRE (THAILAND) Co., Ltd., its affiliates, managers, directors, employees, agents and assigns. You also make other covenants and warranties as follows:
Warranties and Acknowledgment:
The Customer/Renter, as an inducement to the Company to enter into this Agreement, expressly warrants, acknowledges and states that;
He has conducted a physical and visual inspection of the equipment upon receipt to determine that it is in good and safe working condition;
He is familiar with the proper usage and operation of the equipment or has requested instructions from the Company as to the rental equipment’s proper usage, if unsure as to the proper use and operation. You grant that the receipt of the equipment from our immediate custody shall be deemed an acknowledgment that you have either received adequate instruction on the equipment’s use from us or have waived receipt of these instructions;
You fully understand and acknowledge that there are certain characteristic dangers and risks of damage and/or serious bodily harm, including death, accompanying the use and operation of the rental equipment, even when due care is exercised. You further warrant that you are in good health, know of no physical illness or limitations preventing you from using the equipment in a safe manner, with due care, and exclusively for its intended proper use and purpose.
The Customer/Renter, as an inducement to the Company to enter into this Agreement, expressly agrees that;
You, the customer/renter will be responsible for exercising due care in the use and operation of the equipment (whether one equipment or multiple equipment) by you (in the case of an individual hire of one equipment) and/or by your group/party (in the case of the rent of multiple equipment). You agree that you, the paying renter, will be answerable for all damages to all equipment rented by you, even if the equipment is used by someone other than you in your group/party; and
You (and your group, as applicable) shall use the rental equipment safely, with due care, and only for its intended proper use and purpose.
You therefore hereby expressly, knowledgeably and voluntarily agree to indemnify and hold the Company harmless and blameless for all and any liability for injuries, losses or damages arising from the use of the rental equipment by anyone not primarily authorised by this agreement to use the rental equipment, irrespective of whether such injury, loss or damage is as a result of the company’s negligence or fault.
Release, Indemnification, and Waiver:
The Customer/Renter, as an inducement to the Company to enter into this Agreement, expressly agrees that;
The Customer/Renter, with the intention of binding himself, his legal representatives, heirs and assigns, hereby expressly, knowledgeably, and willingly releases and discharges the Company from any and all claims or demands of any type of injury, damage or loss, whether in contract or tort, equity or law, matured or unmatured, fixed or unfixed, and/or liquidated or otherwise, arising out of this Agreement, including but not restricted to the use (by you or a third party) of the rental equipment. You hereby expressly, knowledgeably and willingly agree that this release shall apply and be binding if you (or a member(s) of your group/party) suffer injury, damage or loss resulting from our negligence or fault. You further agree that you are barred, on your own behalf and on behalf of those claiming through or under the Customer/Renter, from bringing any demand or claim against us for any injury, damage or loss referred to in this paragraph;
The Customer/Renter further particularly agrees to assume and bear full liability for all injury, damage or loss (whether to you or other members of your group/party) emerging out of your (their) use of the rental equipment. You hereby expressly, knowingly and willingly agree to indemnify and hold the Company harmless and blameless for all and any liability for such injury, damage or loss irrespectiveof whether the injury, damage or loss is as a result of the Company’s negligence or fault;
You expressly agree to bear liability for all damage to or loss of rental equipment and that you will fully indemnify us for all and any costs and expenditures incurred by us for repairing and/or replacing the rental equipment or other damaged or lost equipment during your possession of said equipment, (with the exception of normal wear and tear);
You agree that this agreement is planned to be as broad and inclusive as allowed by the laws of the Kingdom of Thailand, and that should any provision of these terms be adjudged to be invalid or unenforceable for any reason by a Thailand court having expert jurisdiction, then such a provision shall be made void while the remaining provisions shall survive and continue to be binding and enforceable; and
You further agree and acknowledge that you have carefully read this Agreement and understand it.
Legal Fees and Costs:
Your agree to repay the Company for any and all costs, expenditures and actual legal fees incurred by us while prosecuting or defending any legal claims or actions arising from this Agreement, including through all appeals.
You fully understand that failure to return the Company’s rental equipment upon expiration of rental period, and your failure to pay all amounts due (counting costs for damages to the equipment) shall be deemed as evidence of abandonment or refusal to return the equipment.
All parties acknowledge and accept that while they have a constitutional right to a jury trial, they hereby knowingly and willingly waive all and any right to any trial by jury in any action arising directly or indirectly under this agreement.
- INFORMATION COLLECTION
We may ask you to provide identity, contact, and payment information, as well as some other personally identifiable information anytime you use our services. We may also collect some information based on your activity on the SUP HIRE THAILAND CO., LTD. website. This information is primarily used to conduct in-house research on our user demographics, interests and behavior, so that we are better able to understand and serve you.
- USE OF INFORMATION
The following are the ways in which we use your information:
- To facilitate the delivery of services requested by you;
- To validate transactions which you may enter into with us;
- To verify your identity;
- To collect fees owed and enforce applicable agreements;
- To manage the provision of our services;
- To troubleshoot problems and resolve disputes;
- To provide you with our customer services;
- For the detection and prevention of fraud and crime;
- To develop our service offerings and content;
- To comply with regulatory requirements and laws including complying with any legitimate request made by a government authority as it relates to legal proceedings; and
As otherwise defined at the time of collection.
- DISCLOSURE OF YOUR INFORMATION
We will not knowingly share, transfer or sell your information with and to any third party. We may however share your information with any third party with whom you ask us to share such information with; and with appropriate governmental and legal authorities and officials if we are mandated to do so.
- SECURITY OF INFORMATION
We deploy a variety of security measures, such as but not limited to Secure Socket Layer (SSL) to ensure the security of users’ personal information. Despite this, we will not be responsible for breach of information security that is beyond our control, as there is no full guarantee of security for data transmission over the internet.
- OUR COOKIES POLICY
To guarantee a user friendly registration and log-in experience and to generally improve user experience, SUP HIRE THAILAND CO uses the cookies technology, which doesn’t make available to us information beyond what you freely share with us. You may choose to accept or deny cookies on your web browser.
- CHILDREN’S PRIVACY
Our website and related services are intended for an adult audience and are not targeted at children. We thus will never knowledgeably collect personal information from minors under the age of 18.
- LINKS TO THIRD PARTY SITES
We may provide links to the resources of other companies and third party sites on SUP HIRE THAILAND CO., LTD. You are not to take the availability of such links as an endorsement of the privacy policies of such linked third party websites. As a user, your use and access of third party websites is entirely at your own risk.