hire equipment terms & conditions
You should read our Terms and Conditions carefully. Bookings with Enable Accessibility CIC (“we” or “us”) and, the hire and use of our equipment, is subject to these Terms and Conditions. These Terms and Conditions govern any contract between us and you and shall prevail over any other terms, unless such other terms are expressly agreed by us in writing. You are required to read these Terms and Conditions and sign our Booking Agreement to confirm your acceptance and understanding of them.
You can find everything you need to know about us, and the products we have available for hire, on our website, before you order. If you have any queries, please contact a member of the Enable Accessibility CIC team.
Definitions
In these Terms and Conditions:-
“Booking” means: the booking described in and governed by the Booking Agreement.
“Booking Agreement” means: the agreement between you and us, incorporating these Terms and Conditions, for the hire of equipment by you.
“Booking Fee” means: the fee charged by us and payable by you for the hire of the Equipment as set out in the Booking Agreement.
“Booking Period” means: the period for which your hire of the equipment shall last, starting on the Commencement Date, as specified in the Booking Agreement.
“Commencement Date” means: the first day of the Booking Period.
“Equipment” means: the equipment you shall hire from us, as specified in the Booking Agreement
Confirmed Bookings
Your Booking, and the contract between us, will be confirmed upon you signing the Booking Agreement and paying the Booking Fee in full via our website.
Payment Terms
Full payment of the Booking Fee is required at the time you make your booking online, via our website.
Hire Of Equipment – Our Obligations
Subject to you complying with these Terms and Conditions and any other rules or instructions we notify you of prior to or during your Booking Period, we will hire you the Equipment for the Booking Period.
We will provide you with advice relating to the use and care of the Equipment. You will also be given the manufacturer’s User Manual. We will ensure that the Equipment is maintained to the manufacturer’s recommended standard and, that the Equipment is suitable for its intended purpose
Hire Of Equipment – Your Obligations
You must disclose to us any information relevant to or likely to affect your ability to operate the Equipment safely, prior to the Commencement
Date. If we are not satisfied with regard to your safety or that of the Equipment, we may cancel the Booking without any liability to you (other than
a refund of the Booking Fee, if applicable).
You must if requested to do so provide any information we require, including identification documentation.
You must: –
- Look after the Equipment (and any keys, charging equipment, and User Manual); in particular, you must protect the Equipment against
wet weather which may cause damage. - Operate the Equipment safely, sensibly and with utmost care and attention at all times.
- Not load the equipment beyond the manufacturers’ maximum weight recommendations.
- Not use the equipment or allow it to be used on unsuitable terrain or gradients.
- Not sell, rent or dispose of the Equipment or any of its parts.
- Not allow any other person to use the Equipment.
- Not use the Equipment whilst under the influence of alcohol, drugs or medication likely to affect ability to operate the Equipment safely.
Use, store, and charge the equipment in line with advice given, and the advice contained within the manufacturers User Manual.
It is a condition of our agreement with you that you are hiring the equipment for domestic or personal use only.
Hire Period
The Booking Period is specified in the Booking Agreement. We may be able to extend the Booking Period upon request but this is subject to availability of the Equipment at the relevant time and, we do not guarantee that an extension will be available.
Each Booking Period must last a minimum of three days
Cancellation By Us
If we have to cancel your Booking for any reason prior to the Commencement Date, you will be given the option of moving your Booking to another date or, being refunded in full.
Cancellation By You
If you cancel the Booking, whether or not you will receive a refund will depend on when you cancel and, whether we are able to replace your Booking.
You have a legal right to change your mind about your purchase, provided you notify us within 14 days of receiving our confirmation of your Booking.
To cancel a booking, you must notify us by emailing info@enableaccessibility.org.uk or by calling 07453 977765. Unless a booking has been cancelled in accordance with these terms, no refund will be given.
Refunds
If you exercise your legal right to change your mind, you may receive a refund. You will not be refunded for any services you have already received from us before changing your mind. You will not receive a refund if you have validly waived your cancellation rights – we will only ask you to do so if your Booking is due to start within 14 days at the time you place the Booking.
In addition to your legal right to change your mind, you will receive a refund, if you cancel at any time before 90 calendar days prior to the Commencement Date.
Subject to your legal right to change your mind within 14 days, you may receive a refund, in full or in part, if you cancel your Booking within the period of 90 calendar days prior to the Commencement Date, but only if we are able to secure an alternative and equivalent booking for the Booking Period (excluding delivery or collection related charges). If we do so, you will be sent your refund in full as soon as reasonably practicable once the relevant alternative booking has been confirmed and paid for in full. If the alternative booking leaves a shortfall between your Booking Fee and the booking fee for the alternative booking, the shortfall will be deducted from the amount refundable to you. If we are unable to secure a replacement booking for the Booking Period, you will receive no refund.
You may receive a refund, in full or in part, if your Booking is affected by the matters referred to in Emergency Call Out; see below.
If you choose, on or after the Commencement Date, to end the Booking Period and/or return the Equipment early, you will not be entitled to a
refund
Other Costs Or Charges That May Be Payable By You
If you lose and/or do not return, or damage, any of the Equipment or ancillary items, you will be liable for the cost of us replacing or repairing the Equipment or those items. This cost shall not include any penalty; it will simply be the cost for us to replace the lost or damaged item(s).
If we are required to deliver and/or collect the Equipment to and/or from you, delivery and/or collection charges will be applicable in addition to the Booking Fee. The amount of such charges will depend on the services you choose but all our ancillary charges are detailed in the price list on our website.
If you fail to arrive at the agreed time and date to collect and/or return the Equipment or, fail to give sufficient notice that you may need to amend the agreed time and date to collect and/or return the Equipment we shall be entitled to charge an additional collection and/or delivery fee to cover time, fuel and other expenses.
If we are required to attend an Emergency Call Out (see below) due to your own actions or omissions, you shall be liable for our costs in respect of our time, fuel and other expenses.
Liability
Our total liability to you shall not exceed the amount of the Booking Fee but, nothing limits our liability which cannot legally be limited, including but not limited to liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; and breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Insurance
We have public liability insurance. Rates quoted include public liability insurance (subject to the damage liability of the Equipment) and VAT (where applicable). Details of the insurance cover are available if required.
It is a condition of the Booking that you must inform us, by emailing info@enableaccessibility.org.uk or by calling 07453 977765, as soon as possible in the event of any accident, incident or damage to or involving the Equipment.
Delivery & Collection
You may collect the Equipment from us at the following address: 2 Pochin House, Pochin Drive, St Austell, Cornwall, PL25 3RX.
Alternatively, we may agree to meet you at an alternative location within 25 miles of that address, for you to collect the Equipment. Delivery charges will be applicable, as detailed in the price list on our website.
We may be able to deliver the Equipment to you outside the 25-mile radius described above, subject to us agreeing a bespoke, additional delivery charge.
On delivery/collection, you will receive a demonstration of the equipment including charging, assembly and disassembly, if required.
A member of our team will inspect the equipment at the time of return to ensure it is returned in satisfactory condition.
All deliveries of equipment may be subject to proof of identification.
Overseas Hire
Enable Accessibility CIC do not offer overseas hire agreements.
Other Consequences Of Failing To Return Equipment
If you fail to return the Equipment, we will report this to the police, where appropriate, and take civil law action.
Emergency Call Out
In the event of a technical problem with the Equipment, we will endeavour to resolve the situation as quickly as reasonably possible. If the Equipment is unable to be repaired, a replacement model of similar specification will be offered if available.
Should the problem be directly attributed to negligence or improper use by you, you will be liable for the costs of the repair or replacement, as appropriate, plus the costs of our time and expenses in attending the call out.
If you experience technical problems with the Equipment which substantially impact upon your Booking and your ability to use the Equipment within the Booking Period, we will issue a pro rata refund of the Booking Fee, to reflect the timeframe you were unable to use the Equipment during the Booking Period, provided these problems are not attributable to your negligence or improper use of the Equipment.
Equipment Images
Equipment images on our website are representative examples only. Specific models cannot be guaranteed.
Data Protection
Your personal information will be used and stored in accordance with current Data Protection laws and, only for the intended purpose, which is enabling us to administer our contract with, and obligations to, you.
We will not give your personal details to third parties, or use your details for marketing, advertising or publicity purposes, without your consent, other than to reasonably administer our contract with you.
We Are Not Responsible For Delays Outside Our Control
We shall not be in breach of these Terms and Conditions or, otherwise liable for any failure or delay in the performance of our obligations, if such delay or failure results from events, circumstances or causes beyond our reasonable control. If the period of delay or non-performance substantially impacts upon your Booking, you will be given the option of moving your Booking to another date or, being refunded in full.
Complaints
All queries or complaints should be made by sending an email to info@enableaccessibility.org.uk or by calling 07453 977765.
Severance
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
