These terms and conditions are the contract between you and Dolphin Boat Charter Ltd trading as Stoked Watersports (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.
If you violate these terms we may terminate your use of Our Website, bar you from future use of Our Website, cancel your Ticket order, and/or take appropriate legal action against you.
We are Dolphin Boat Charter Ltd, a company registered in England, number 10171358 of 69 Serpentine Road, Fareham, PO16 7EE, trading as Stoked Watersports. (the “Owner”)
You are: Anyone who uses Our Website, hires Equipment from the Owner (the “Hirer”) or buys from us.
These are the agreed terms:
1. Definitions
These definitions apply unless the context requires a different interpretation:
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“Beach hire” |
means the hire of Equipment and any other services we provide to you under this contract and used from the Stoked Watersports premises. Stoked Watersports premises are located at:
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“Charges” |
means the hiring fee and includes all cost related in any way to this hire agreement. |
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“Deposit” |
means a sum paid by you to us as a bond against the possibility of loss or damage to the Equipment while in your possession and against late return of the Equipment to us. |
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"Equipment" |
means the subject matter of this agreement as described in the price list on our website. |
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“Hire Period” |
means the period of time within which you are entitled to possession of the Equipment. |
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“Pick up and go service” |
means the hire of Equipment and other services where the hirer collects the Equipment from Stoked Watersports premises:
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"Services" |
means the hire of Equipment and any other services we provide to you under this contract. |
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"Site" |
means the place where the Equipment is to be used by you. |
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“Content” |
means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. |
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“Our Website” |
means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the Dolphin Boat Charter group of companies. It includes all web pages controlled by us. |
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“Services” |
means a service available from Our Website, whether free or charged. |
2. Interpretation
In this agreement unless the context otherwise requires:
2.1 a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
2.2 a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.3 a reference to a person or party includes reference to that person's successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
2.4 in the context of permission, “may not” in connection with an action of yours, means “must not”.
2.5 the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
2.6 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.7 all money sums mentioned in this agreement are calculated net of VAT, which will be charged when payment is due.
2.8 these terms and conditions apply to all supplies of Services by us. They prevail over any terms proposed by you.
3. The basic contract
3.1 In entering into this contract you have not relied on any representation or information from any source except posted on Our Website.
3.2 Beach hire and Pick up and go services: This is a hire agreement. We own the Equipment and hire it to you for the Hire Period, for a Charge. You may not deal with the Equipment in any way which is contrary to our ownership of it. If you do, you will be in breach of this agreement and will also be committing a criminal offence. You acknowledge that you understand exactly what is included in the Charges and you are satisfied that the Service you have selected is suitable and satisfactory for your requirements.
3.3 The Hire Period is the period of time within which you are entitled to possession of the Equipment on the date indicated when you purchase the Service.
3.4 This agreement contains the entire agreement between us and supersedes all previous agreements and understandings between us. By consenting, you accept the terms set out in this agreement.
3.5 Risk in the Equipment passes immediately to you when the Equipment leaves our possession. That means you are responsible for taking care of it. You remain responsible until the Equipment is safely back in our possession.
3.6 Unfortunately, we cannot guarantee that every Service advertised on Our Website is available. If at any time you pay for a Service which is not available, we will immediately refund any money you have paid.
3.7 We may change this agreement and / or the way we provide a Service, at any time. If we do:
3.7.1 the change will take effect when we post it on Our Website. You are advised to check this page from time to time.
3.7.2 if you make any payment for Services in the future, you will do so under the terms posted on Our Website at that time.
3.8 You may not resell any Service purchased from us. If you do, or attempt to do so, we are entitled to cancel all your purchases without compensating you.
4. The price and delivery
4.1 The price payable for a Service is clearly set out on Our Website. Prices are inclusive of any applicable value added tax or other sales tax.
4.2 Every sale will be subject to the laws applicable but there shall not be implied any right which is neither a legal right nor set down in these terms and conditions.
4.3 You are responsible for collecting the Equipment from our premises.
4.4 For Beach hire you may not use the Equipment at any other place than within the confines of the defined operating area in Stokes Bay, Gosport or Fell Foot, Windermere (as applicable).
4.5 If you pick up Equipment from our premises for Pick up and go services then:
4.5.1 we will not be able to assist you in loading heavy Equipment;
4.5.2 the Equipment is at your risk from the moment it is picked up by you or your carrier from our premises;
4.5.3 you agree that you are responsible for everything that happens after you take possession of the Equipment, both on and off our premises, including damage to property of any sort, belonging to any person.
4.6 If you ask us to deliver the Equipment, and we agree, we shall have given you a price for delivery (if applicable) as part of our Charge. That Charge must be paid in advance when you pay for the hire contract. Delivery will be made by us to your address stipulated at the time of ordering the Equipment. You must ensure that someone is present to accept delivery. We shall not leave the Equipment without your having signed for it. Delivery is subject to availability and by prior agreement only.
5. Charges and Deposit: payment procedure
5.1 All Charges are specified in the price list.
5.2 All the payments may be made by credit card or otherwise as specified in the agreement.
5.3 We take care to make Our Website safe for you to use.
5.3.1 Card payments are not processed on a page controlled by us. We use the online payment service provider, Square, who will encrypt your card or bank account details in a secure environment.
5.3.2 If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
5.4 The Deposit specified in the price list for “Pick up and go” hiring shall be paid by you to us when placing your order.
5.5 The Deposit will be repaid to you after you have returned the Equipment and we have had a reasonable time to assess its condition.
5.6 The Deposit will be returned to your credit card or bank account through the same mode you have paid to us.
5.7 If we have reason to make a deduction from the Deposit, we will tell you the reason and the sum deducted. We shall never deduct more than our actual loss or cost of remediation, or additional hire time.
5.8 If you cancel an order after you have contracted to hire Equipment, we shall have lost money. You agree that we may reasonably charge you a percentage of the Charges in the event of cancellation by you as set out in our Cancellation Policy. If we have to collect the Equipment from you, the Charge for doing so will be payable in full.
6. Cancellation terms: hired Equipment
6.1 Booking and cancellation policy overview
6.1.1 When you place a booking to purchase a service from Stoked Watersports, we will send you an e-mail confirming receipt of your booking and containing the details of your order. Your order represents an offer to us to purchase a service which is accepted by us when we send e-mail confirmation to you detailing that we've booked an activity or event for you ("Booking Confirmation E-mail"). That acceptance will be complete at the time we send the Booking Confirmation Email to you.
6.1.2 All bookings are non-transferable and cannot be re-sold without the prior consent of Stoked Watersports.
6.1.3 Any refunds will be given at the discretion of the company management.
6.1.4 In no event shall Stoked Watersports be liable for any damages whatsoever, and in particular Stoked Watersports shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of time, or disappointment suffered by you arising from a cancellation or postponement of a booking.
6.2 Group bookings cancellation policy
6.2.1 Cancellations made 7 days or more prior to the booking will receive a 100% refund. Cancellations made within 3-6 days prior to the booking will incur a 25% fee. Cancellations made 24 to 48 hours before the booking will incur a 50% fee. Cancellations made within 24 hours of the event are not refundable.
6.2.2 In the event of adverse weather (as defined by our operating parameters), we will endeavour to reschedule your booking to another time. Should this not be possible, management will work with you to arrange a refund of your booking less any expenses incurred in preparing for your event. Any refunds will be given at the discretion of the company management.
6.3 General cancellation policy
6.3.1 Should you not be able to attend your booking for a valid reason, we can rebook it to another time or date subject to availability. Bookings cancelled up to 72 hours prior to the event will receive a 100% refund. Cancellations made 24 to 48 hours prior to the event will receive a 50% refund. Cancellations made within 24 hours of the event are not refundable.
6.3.2 In the event of adverse weather (as defined by our operating parameters), we will reschedule your booking to another day and time that suits you. Should this not be possible, we may at our discretion issue a refund of your booking.
7. Equipment not as ordered
7.1 We shall use all reasonable endeavours to ensure that:
7.1.1 the Equipment complies with its description on the price list; and
7.1.2 is of satisfactory quality and/or fit for purpose;
7.2 Immediately upon taking possession of any Equipment, you should examine it and satisfy yourself that it complies with the description in the price list, is of merchantable quality and has arrived in safe, clean and usable condition.
7.3 If you find any defect in the quality or quantity of the Equipment, you must immediately inform us of that defect. If no notice is received by us on delivery, then we shall be entitled to assume that you have accepted the Equipment.
7.4 If you claim that the Equipment was defective, you must return it to us in the exact same condition as you received it.
7.5 In returning defective Equipment please demonstrate to a member of staff clearly the fault and when it arises or arose.
8. Breakdown and repair
8.1 You must inform us immediately of any problem in the operation of the Equipment.
8.2 If we agree that there is a fault in the Equipment, you may choose whether we should replace it or terminate the hire. In any event we will refund you, for any period in which the Equipment is not useable.
8.3 If we repair or replace Equipment, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect or problem.
8.4 If you have been negligent in your care or use of the Equipment, you will pay us for appropriate replacement Equipment of the same quality without deduction for depreciation or use.
8.4.1 If damage to the Equipment exceeds the deposit taken, we will obtain a quote to remedy the damage and bill the customer raising an invoice for this amount. Where the damage is beyond repair, we will obtain a quote from the supplier and bill the customer for the cost of replacing the Equipment. Failure to pay within 30 days of receipt of the bill may result in debt collection proceedings being brought against the Hirer.
9. Hirer’s other obligations
You agree that you will:
9.1 not permit any other person other than those specified on the hire forms to use the Equipment. Any children under the age of 16 must be accompanied by an adult, in line with the terms of our insurance.
9.2 not take the Equipment to any site other than the Site, and particularly not to any other country in the case of Pick up and go hire.
9.3 remain within the designated operating area demonstrated to you by Stoked Watersports staff in the case of Beach hire.
9.4 use the Equipment only in accordance with the manufacturer’s instructions and to its capacity limits as instructed by Stoked Watersports staff or instructions on the product or within the product manual (if applicable).
9.5 keep the Equipment safe, properly maintained and repaired.
9.6 not take the Equipment out of the United Kingdom.
9.7 return the Equipment to us in condition in which you collected it.
9.8 not attempt to repair or service the Equipment.
9.9 return the Equipment promptly when the hire period ends. Failure to do so could result in the card you used for payment being charged for additional time. This is at the discretion of Stoked Watersports management.
9.10 wear a buoyancy aid or lifejacket at all times whilst using the Equipment.
9.11 adhere to all safety instructions given by Stoked Watersports staff.
9.12 ensure you look after your property. Dolphin Boat Charter cannot be held responsible for loss or damage to property. Please remember to take all your belongings with you at the end of your Hire.
9.13 contact us if you have any problems with directions and / or you are going to be late. Failure to do so may result in your event being cancelled by the Company Management.
9.14 not leave the Equipment unattended at any point.
10. Loss or damage caused by third parties
10.1 You must inform us immediately if the Equipment is stolen or damaged by a third party.
10.2 You undertake to report the theft to us and to the Police, and after that to co-operate with us and with the Police so far as your help may be required.
11. Disclaimers and limitation of liability
11.1 Conditions, warranties or other terms implied by statute or common law in any country, are excluded from this agreement to the fullest extent permitted by law.
11.2 Our business is to hire equipment. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from www.stokedwatersports.co.uk or from our staff.
11.3 We are not liable to any person in any circumstances if at any time:
11.3.1 the Equipment has been damaged in any way whatever;
11.3.2 the Equipment has been repaired or serviced by someone not authorised by us to provide that service;
11.3.3 the model or serial number of the Equipment has been altered, tampered with, defaced or removed.
11.4 We makes no representation or warranty that the Equipment will be:
11.4.1 useful to you;
11.4.2 of satisfactory quality;
11.4.3 fit for a particular purpose;
11.5 We do not give any warranty, representation or undertaking that the use of any of the Equipment will not infringe any intellectual property or other rights of any other person.
11.6 Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
11.7 Our Website includes Content posted by third parties. We are not responsible for any such Posting. If you come across any Content which offends against this document, please contact us via the “Contact us” page on Our Website.
11.8 We shall not be liable to you for any loss or expense which is:
11.8.1 indirect or consequential loss; or
11.8.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
11.9 Except in the case of death or personal injury, our total liability, arising in any way out of this agreement, shall not exceed the sum of £10,000. This applies whether your case is based on contract, tort or any other basis in law.
11.10 This paragraph (and any other paragraph which excludes or restricts the liability of Company) applies to Company’s directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999, as well as to Company itself.
12. Termination
This agreement terminates on the first to happen of the following events:
12.1 at the expiry of a fixed Hire Period set out in this agreement, or any extension of it;
12.2 we give you notice that we are terminating the agreement because you are, or might be, in breach of this agreement including a failure to make payment of Charges when due.
13. You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
13.1 your failure to comply with the law;
13.2 your breach of this agreement;
13.3 a contractual claim arising from your use of the Equipment or the Services.
and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £50.00 per hour without further proof.
14. Miscellaneous matters
14.1 No amendment or variation to this agreement is valid unless in writing, signed by us.
14.2 So far as any time, date or period is mentioned in this agreement, time shall be of the essence, except we shall not be liable if delivery of the Equipment by us to the Site is delayed for reasons beyond our control.
14.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
14.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
14.5 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
14.6 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
14.7 The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
14.8 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.
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It shall be deemed to have been delivered: |
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14.8.1 if delivered by hand: on the day of delivery; |
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14.8.2 if sent by post to the correct address: within 72 hours of posting; |
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14.8.3 if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. |
14.9 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
14.10 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
14.11 Unless this agreement says otherwise, neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
14.12 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
