Scottish Mountain Hire
I (Customer) have carefully read this agreement in its entirety and understand its content. I am aware this is an assumption of risk, waiver and release of liability and I sign it voluntarily.
1. Scottish Mountain Hires Responsibilities
1.1 Scottish Mountain Hire agrees to maintain the equipment to an appropriate standard.
1.2 All hire equipment will have been checked before being picked up or dropped off. Scottish Mountain Hire will only accept responsibility for negligence if the equipment is found to be faulty
2. Hirers Responsibilities
2.1 You are responsible for ensuring that you are physically fit enough to undertake mountaineering/hiking and climbing activities involved with the hire Equipment you have booked. Scottish Mountain Hire does not accept any responsibility for your failure to complete your Hire period due to lack of fitness, illness or injury. Scottish Mountain Hire does not accept liability for death, personal injury, loss or damage to personal effects to any participant, nor can Scottish Mountain Hire accept any responsibility for delays or changes to your period of Hire due to weather, strikes, war, terrorism or other causes.
2.2 The Hirer shall keep the equipment in good condition, only use it for its intended use and return it in the same condition it was hired in.
2.3 You will notify Scottish Mountain Hire immediately of any loss, damage or theft to the hired equipment however caused. You will be responsible for paying Scottish Mountain Hire the reasonable costs of repair or replacement for any such loss, damage or theft.
2.4 You will not offer for sale, sell, dispose, mortgage, lend, pledge or otherwise part with possession of the hired equipment.
2.5 Written permission from Scottish Mountain Hire is required for any alterations to the rental agreement.
2.7 The Hirer agrees not to allow the usage of the equipment by an unauthorised person.
2.8 The Hirer agrees not to use the equipment in violation of the law.
2.9 The Hirer agrees to undertake appropriate training for the use of the equipment and for its correct fitting.
2.10 You will notify Scottish Mountain Hire immediately of any loss, damage or theft to the hired equipment however caused. You will be responsible for paying Scottish Mountain Hire the reasonable costs of repair or replacement for any such loss, damage or theft.
3.1 All hire equipment is used at your own risk. Accepting the hire agreement is accepting full liability for any accident or injury to either the hirer or any third party. The hirer is at all times personally liable for any accident that they may cause or damage to people or property. Personal insurance cover is not included. We recommend you take out personal insurance cover prior to the hire period.
3.2 Scottish Mountain Hire is not responsible for the fitting of crampons to hire boots, this is the job of the hirer to seek appropriate instruction in the safe use and fitting of crampons to winter mountaineering boots.
4. Hire Period
4.1 The Hire period commences on the day the equipment is collected or dropped off to you and continues until the equipment is returned to Scottish Mountain Hire.
4.2 The Hire period may only be changed in agreement with Scottish Mountain Hire otherwise charges may apply.
5. Payment Conditions
5.1 100% of the Hire Fee is to be paid in order to confirm the booking. Cancellations up to 7 days before the hire date will result in a full refund of the reservation fee less 10% administration fee. Cancellations within 6 days and up to 24 hours of the hire date will forfeit 50% of the Hire Fee. Cancellations made within 24 hours of the hire date will forfeit the full hire fee.
5.2 In all cases normal wear and tear as defined by the products manufacturer or supplier is accepted and allowed and is included in any hire price
5.3 In all cases, the security/ damage deposit can be used as a deposit against the costs or charges
5.4 No refunds or reductions will be given for any equipment that is returned early for any reason.
6. General Conditions
6.1 These terms and conditions constitute the entire agreement between us, and supersede any previous agreement or understanding and may not be varied except in writing between us. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
6.2 Any notice required or permitted to be given by either of us to the other under these terms and conditions shall be in writing.
6.3 No failure or delay by either of us in exercising any of its rights under these terms and conditions shall be deemed to be a waiver of that right, and no waiver by either of us of any breach of these terms and conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
6.4 If any provision of these terms and conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
6.5 Except as otherwise expressly provided herein, nothing in these terms and conditions confers or purports to confer on any third party any benefit or any right to enforce any of these terms or conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.