TERMS & CONDITIONS

TERMS OF LESSONS & TOURS

MOCOAST terms and conditions of Tours and Lessons as detailed below cover all aspects of Tours and Lessons.

By completing the purchase and booking of  Tours and or Lessons from MOCOAST you are agreeing to all terms and conditions laid out below.

STAND UP PADDLE BOARD TOURS AND LESSONS

TERMS AND CONDITIONS

BACKGROUND: These Terms and Conditions shall apply to the booking of all Stand Up Paddle Boards Tours and or Lessons from MOCOAST(the “Provider”) by Customers who are booking Tours and or Lessons of their choice.

  1. DEFINITIONS AND INTERPRETATIONS

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Customer” means the customer who is booking the Tour and or Lesson subject to these Terms and Conditions;

“Deposit” means the sum payable by the Customer under these Terms and Conditions and as set out in the Booking Agreement;

“Price List” means the price list of the Tour and or Lesson, current at the time of the start of the Tour and or Lesson;

“Tour and or Lesson” means the booking of the Tour and or Lesson by the Customer subject to these Terms and Conditions;

Tour and or Lesson  Agreement means the agreement entered into by the Customer and the Provider incorporating these Terms and Conditions

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;

1.2.4 a Schedule is a schedule to these Terms and Conditions;

1.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and

1.2.6 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.

1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

1.4 Words imparting the singular number shall include the plural and vice versa.

1.5 References to any gender shall include the other gender.

 

 

2.CUSTOMER RESPONSIBILITY

2.1 The Customer assumes full responsibility for the equipment used on their Tour and or Lesson and the associated accessories. 

 

  1. LOCAL REGULATIONS

3.1 The Customer agrees to obey all local regulations, and all lawful directives from appropriate emergency or law enforcement personnel, while operating the watercraft.

 

  1. OPERATING OF EQUIPMENT

4.1 The Customer is capable of operating the equipment and find it in good working order, condition, and repair. The Customer shall not be under the influence of drink or drugs and understand the Provider believe them to be so that they shall not be allowed to participate and may forfeit the cost of the booking.

 

  1. DAMAGE OR LOSS

5.1 The Customer shall bear all risk of damage or loss of the equipment, or any portion thereof, including but not limited to damage and theft, and shall pay The Provider the cost of repair or replacement. I hereby authorise The Provider to charge the credit card details taken during the booking process for cost of repair or replacement in the event of but not limited to damage, loss, or theft of the equipment.

5.2 The Customer understands that they are liable for all dirty, damaged, lost, or stolen equipment and any fees associated with the listed equipment, and that all equipment must be returned in good condition as determined by The Provider.

 

6.MEDICAL CONDITIONS

6.1 The Customer certifies that to the best of their knowledge they do not have a medical condition which might make them more likely to sustain an injury.

6.2 To the best of their knowledge they are not pregnant.

 

  1. ABILITY TO SWIM

7.1 The Customer MUST be able to swim. They must disclose any medical condition, or injury that could affect their ability to participate in the activity safely.  All information will be kept strictly confidential.

 

  1. SUPERVISING OF CHILDREN

8.1 The supervising adult customer must accompany the under 18s on the water at all times, and can supervise no more than two children in total. 

8.2 Children must be 30kg+ and  must have a suitable level of fitness and ability (under no circumstances with instructors transport unable children on their board)

8.3 The supervising adult customer certifies that any children they are signing for, do not have any medical conditions (including previous injury) which might make it more likely that they will be involved in an incident. 

8.4 Mocoast reserves the right to refuse participation. 

 

 

  1. RECOGNITION OF RISK

9.1 The Customer acknowledges that stand up paddling is an activity with inherent risks of injury to persons and property. They are aware of those risks and understand them. MOCOAST Ltd requires all Customers to wear a Buoyancy Aid at all times while on the water. The Customer understands the dangers of paddling on tidal or still water and understands that weather can play a factor in paddling safety and that such activities are subject to the unpredictable forces of nature.

 

  1. CANCELATION

10.1 The Customer must provide a minimum of 24 hours’ notice if they wish to cancel the activity.  If they cancel with less than 24 hours’ notice, the price of the lesson will be charged in full.  Discretion will be used in extenuating circumstances.

 

  1. RELEASE OF LIABILITY

11.1 The Customer hereby release The Provider, its agents, contractors, employees, and owners from liability for negligence and hold them harmless from any loss, expense, or cost, including solicitors fees, arising out of damages or injuries, whether to persons or property, including those not listed on this agreement, occurring as a result of the participation in Tours and or Lessons or use of said paddle board and equipment.

11.2 This agreement constitutes the entire agreement between The Customer and The Provider and no term may be waived or modified, including any provision against oral modification, except in writing signed by both parties. There are no warranties, expressed or implied, by The Provider to The Customer except as contained herein, and The Provider shall not be liable for any loss or injury to me nor to anyone else, of any kind or however caused.

TERMS OF HIRE

MOCOAST terms and conditions of hire as detailed below cover all aspects of hire.

By completing the purchase and hiring of equipment from MOCOAST you are agreeing to all terms and conditions laid out below.

STAND UP PADDLE BOARD REMOTE EQUIPMENT HIRE

TERMS AND CONDITIONS

BACKGROUND: These Terms and Conditions shall apply to the hire of all Stand Up Paddle Boards and Accessories (the “Equipment”) from MOCOAST(the “Hirer”) by Customers who are hiring the Equipment for use at a location of their choice (the “Location”).

  1. DEFINITIONS AND INTERPRETATIONS 

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Customer” means the customer who is hiring the Equipment subject to these Terms and Conditions;

“Deposit” means the sum payable by the Customer under Clause 3 of these Terms and Conditions and as set out in the Hire Agreement;

“Price List” means the Hirer’s price list, current at the time of the start of the Hire Term;

“Hire” means the hire of the Equipment by the Customer subject to these Terms and Conditions;

“Hire Agreement” means the agreement entered into by the Customer and the Hirer incorporating these Terms and Conditions which shall govern the Hire of the Equipment; and

“Hire Fees” means the sum payable by the Customer for the Hire as determined under Clause 4 of these Terms and Conditions.

“Hire Term” means the start and end date of the Hire as set out in the Schedule to these Terms and Conditions.

1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:

1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;

1.2.4 a Schedule is a schedule to these Terms and Conditions;

1.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and

1.2.6 a “Party” or the “Parties” refer to the parties to these Terms and Conditions.

1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

1.4 Words imparting the singular number shall include the plural and vice versa.

1.5 References to any gender shall include the other gender.

  1. HIRE TERM

2.1 The agreed Hire Term will be set out in the Schedule to these Terms and Conditions.

2.2 If the Customer wishes to extend the Hire Term they may do so at any time prior to the end of the Hire Term. The Customer must contact the Hirer to arrange such an extension. Extensions may be made for up to five (5) days subject always to the existence of prior reservations made by other customers. The Hirer shall use its best and reasonable endeavours to satisfy requests for extensions but cannot guarantee the availability of the Equipment to the Customer beyond the end of the pre-existing Hire Term.

2.3 The Hirer reserves the right to recall the Equipment immediately at any time. In the event that the Hirer exercises this right the Customer will be reimbursed for any and all days remaining in the Hire Term or will be issued immediately with replacement Equipment of the same type or of the closest type thereto at no additional cost. If the Equipment is not returned to the Hirer on request the Customer shall be deemed to have authorised the Hirer to charge for any costs associated with such recovery.

3. SUPERVISING OF CHILDREN

3.1 The supervising adult customer must accompany the under 18s on the water at all times, and can supervise no more than two children in total. 

3.2 Children must be 40kg+ and  must have a suitable level of fitness and ability.

3.3 The supervising adult customer certifies that any children they are signing for, do not have any medical conditions (including previous injury) which might make it more likely that they will be involved in an incident. 

3.4 Mocoast reserves the right to refuse hire.

4.DEPOSIT

4.1 The Customer shall not be required to pay a refundable Deposit to the Hirer at the commencement of the Hire Term, unless stated by the Hirer prior to the commencement of the Hire Term. The sum of the Deposit shall be set out in the Schedule to these Terms and Conditions.

4.2 In the event of a deposit being deemed necessary by the Hirer, at the end of the Hire Term the Hirer shall have a period of seven (7) days within which to fully inspect the Equipment. If the Equipment requires cleaning and / or maintenance which is the result of normal wear and tear the Customer will receive the Deposit back in full at the end of the inspection period. In the event that additional cleaning and / or maintenance is required the Hirer shall retain the Deposit in full or in part as appropriate and shall provide the reasons for such retention to the Customer in writing, including all relevant calculations and pricing information.

5.FEES AND PAYMENTS

5.1 The Hire Fees will be determined by reference to the length of the Hire Term, the type and quantity of Equipment, the Price List and any additional items which may be included in the Hire, as set out in the Schedule to these Terms and Conditions.

5.2 Payment shall be made in part or in full, as set out in the Schedule to these Terms and Conditions, prior to the commencement of the Hire Term. Online payment can be made by credit card / Paypal.

6.DELIVERY AND COLLECTION

6.1 Following the receipt by the Hirer of the Hire Fees (and Deposit if required), either (1) the Hirer shall deliver the Equipment to the Location on the agreed date, as set out in the Schedule to these Terms and Conditions, or (2) the Customer will collect the Equipment from the Hirer by prior appointment.

6.2 The Hirer shall use its best and reasonable endeavours to ensure that delivery is made on time but shall not be liable for any failure to do so.

6.3 The Customer or a suitable authorised representative must be available at the Location at the time of delivery in order to receive Equipment. -Clause 5.3 In the event that the Customer fails to be present to collect delivery, the courier will photograph proof of delivery outside agreed location drop off, leaving equipment under responsibility of customer thereafter.

6.4 In the event that the Hirer is unable to deliver the Equipment due to the Customer’s absence from the Location (along with that of any authorised representatives) additional delivery charges may be incurred for any necessary re-delivery. Any such additional charges shall be borne by the Customer.

6.5 At the end of the Hire Term, on the agreed collection date the Customer shall ensure that all of the Equipment is available for collection by the Hirer’s courier.

6.6 In the event that any Equipment is unavailable for collection on the agreed date the Customer shall be required to pay the relevant Hire Fees for the missing items up to and including the day that they are returned to the Hirer (at the Customer’s expense). If those items are not available for collection due to loss or destruction the Customer shall be required to pay the cost of replacement in accordance with the Hirer’s then current Price List.

7.USE AND CARE OF THE EQUIPMENT

7.1 The Customer may only use the Equipment for the normal purpose for which it is intended.

7.2 All Equipment must be used in accordance with any and all operation and safety instructions or similar documentation provided.

7.3 The Customer may not make any alterations or adjustments to the Equipment beyond those that would be considered reasonable for normal use of the Equipment within the range of possible adjustments specific to a given item.

7.4 The Customer may only affix or connect other items to the Equipment where such affixation does not exceed the design limitations of the Equipment and is not likely to damage it in any way.

7.5 The Customer shall at all times treat the Equipment with a reasonable level of care and shall ensure that it is kept clean, subject always to reasonable levels of wear and tear. In particular, the Customer shall clean the Equipment before returning to the Hirer so that is in no less clean than when provided to the Customer.

7.6 In the event that the Equipment is not available for whatever reason, the Hirer reserves the right to substitute the Equipment with equipment of a similar quality and specification, and which may be a different brand.

8.MAINTENANCE

8.1 The Customer shall not attempt to make any repairs to the Equipment without the prior written consent of the Hirer. When the Hirer is contacted in this regard it shall have the option of repairing the Equipment itself or granting the Customer permission to make the necessary repairs. The cost of such repairs shall be borne by either the Hirer or the Customer, the responsibility being determined by the reasons for those repairs.

8.2 All parts which may require replacement during the Hire Term shall be replaced free of charge by the Hirer provided that such replacement is necessitated by nothing more than normal wear and tear. Additional damage may result in the Customer being charged for the cost of replacement parts and associated labour.

9.INSURANCE

9.1 The Equipment shall be insured by the Hirer as part of the Hire. This insurance cover provides for the following:

9.1.1 Damage whilst the Equipment is in transit and whilst it is being used responsibly in accordance with these Terms and Conditions.

9.1.2 Theft- this covered whilst in transit to and from customer only, once the  customer has taken receipt of goods the sole responsibility for the products will be that of the customer.

9.2 The insurance cover provided for in this Clause 8 shall not cover accidental or malicious damage.

9.3 In the event of damage or theft of the Equipment, the Customer will have to pay fees up to the total value of replacement parts/boards per event- failure to fulfil your requirements to return the board due to theft and/or damage will result in legal action being taken.

9.4 The Hirer will maintain sufficient public liability insurance coverage at all times during the Hire Term.

9.5 The Equipment is only insured for use in the United Kingdom and must not be taken outside of the United Kingdom without the Hirer’s prior written approval.

10.LIABILITY

10.1 The Hirer will not be liable for any personal injury or damage to property which results from the improper use of the Equipment.

10.2 The Hirer will not be liable for any other loss or damage arising out of any circumstances beyond its reasonable control.

10.3 Nothing in these Terms and Conditions restricts the Hirer’s liability for death or personal injury arising out of any act or omission of the Hirer.

10.4 Subject to the foregoing, the Hirer’s liability shall not exceed the Hire Fees actually paid by Customer.

11.DATA PROTECTION

The Hirer will not share the Customer’s personal data with any third parties for any reasons without the prior consent of the Customer. Such data will only be collected, processed and held in accordance with the Hirer’s rights and obligations arising under the provisions and principles of the Data Protection Act 1998.

12.HIRER TERMINATION

12.1 Where the Customer is an individual, the Hirer shall be entitled to terminate the Hire in the event that:

12.1.1 the Customer is in breach of these Terms and Conditions;

11.1.2 the Customer has had their personal belongings confiscated in order to satisfy debts; or

12.1.3 the Customer has a receiving order made against them.

12.2 Where the Customer is a company, the Hirer shall be entitled to terminate the Hire in the event that:

12.2.1 the Customer is in breach of these Terms and Conditions;

12.2.2 the Customer goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.

12.3 In the event of termination for any of the above reasons:

12.3.1 all payments required under these Terms and Conditions shall become due and immediately payable; and

12.3.2 the Hirer shall have the immediate right to request the immediate return of the Equipment or repossess the Equipment and may charge the Customer for any reasonable costs involved in such repossession.

13.CUSTOMER TERMINATION

13.1 In the event Customer terminates the Hire, the following charges shall be applicable:

13.1.1 The Customer must provide a minimum 48 hours’ notice if they wish to cancel the hire.

 13.2 If the Customer gives the Hirer less than 48 hours written notice: 100% of the Hire Fees shall be payable. Discretion will be used in extenuating circumstances.

14.NO WAIVER

No failure by either the Hirer or the Customer to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.

15.SEVERANCE

If any provision of these Terms and Conditions is held by any 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 thereby.

16. FORCE MAJEUR

The Hirer shall not be liable for, nor shall it be considered in breach of these Terms and Conditions due to, any failure to perform its obligations pursuant to these Terms and Conditions as a result of a cause beyond its control, including any act of God or a public enemy or terrorist, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, theft or criminal misconduct of unrelated third parties, disruption or outage of communications (including the Internet or other networked environment), power or other utility, labour problem, unavailability of supplies, extraordinary market conditions or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by the Hirer with reasonable care.

17.LAW AND JURISDICTION

17.1 These Terms and Conditions shall be governed by the laws of England and Wales.

17.2 Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.

Paddle boarding can be inherently dangerous therefore by hiring the equipment the Customer acknowledges that they are exposed to certain risks which include but are not limited to physical hazards, unpredictable and sometimes dangerous surf and weather conditions and actions of other persons.