For the avoidance of doubt – Glenshee Ski Hire does not guarantee that equipment can be used during the rental period and no refunds shall be due if equipment cannot be used (such as if roads are closed, Glenshee Ski Centre cannot operate, there is no snow etc).
If a client wishes to cancel an order they must do so a minimum of 14 calendar days BEFORE the commencement of the Rental Period to receive a refund in full
Equipment must be returned by 1800 to the store on the last day of the Rental Period
Unreturned/damaged Equipment will include a daily hire charge and an Equipment replacement fee (both per item of Equipment) which Client must pay.
By collecting the Equipment, Client confirms it is in good working order, the Client’s information given in the Order (and during any fitting) are accurate and Client is capable of using/operating the Equipment safely.
Glenshee is not liable for loss/damage suffered by Client as a result of the Equipment and from the information supplied by Client
The Rental Price applies for the entire Rental Period – there is no refund for Equipment returned early!
Introduction
These terms (“Terms”) are automatically incorporated into any rental agreement between you (“Client”) and Omnivore Sports Limited, trading as Glenshee Ski Hire ( “Glenshee”), for the rental of winter sports equipment (“Equipment”) including (but not limited to) ski and snowboard equipment for a defined period of time (“Rental Period”). The Equipment is chosen either on our online site (“Site”) or at Glenshee’s physical location (“Store”). By placing an order for rental (“Order”) either on this Site or in a Store accept these Terms in their entirety, together with any additional provisions contained in the Order.
Reservation
The cost of Equipment rental is determined by the category of equipment that you select and the duration of the Rental Period (“Rental Price”). The prices are generally available online on our Site, however we reserve the right to modify these at any time.
A legally-binding contract is formed when you accept the terms of the Order proposed by Glenshee, by making payment of the Rental Price set-out in the Order. The Order will incorporate these Terms, together with any additional provisions entered-into between the Parties, and the Rental Price agreed for the rental of the Equipment.
Payment
Rental Prices are generally listed in British Pounds. Payment shall be in full and any charges of the card issuer, conversion fees or otherwise shall be borne by the Client.
Until payment of the Rental Price is received by Glenshee in full, no contract has been entered-into and Glenshee has no obligations towards you.
Guarantee
Glenshee reserves the right to require the Client to provide a guarantee at any time (including during the Rental Period) to its reasonable satisfaction and without reason. In this case Equipment may not be used further until the guarantee is settled – and any Equipment must be returned in accordance with Glenshee’s instructions.
Collections
If you have pre-ordered your Equipment (through the Site or by other means), you will be able to go to a Store and collect your Equipment. Please bring a copy of your Order confirmation, ID and the means to make payment for the anything additional (such as guarantees). We reserve the right not to release the Equipment until these are provided.
Equipment may be collected at the Store during the times advised either on your order confirmation or our Site.
The Rental Period commences upon the Client taking possession of the Equipment with Glenshee’s consent, and ends upon the physical return and acceptance of the Equipment by a member of the Glenshee staff, who confirms the return (and end of the Rental Period) by rebooking of the Equipment into the Store records. Risk in the Equipment during the Rental Period remains with the Client.
Equipment is for use only by the person named on the Order. The Client must not allow it to be used by other third parties (whether for commercial or personal means). Glenshee may require the Client to immediately return the Equipment and/or provide a guarantee if it suspects that this provision is, has or will be breached.
The Equipment is rented-out on reliance upon the Client’s description of their ability and experience, physicality and other information as required by Glenshee. The Client is responsible for information Glenshee of any changes to this, and obtaining any changed or updated Equipment. Glenshee has no liability for losses, claims, injuries or damages arising as a result of the Client’s incorrect, incomplete or unknown information.
Glenshee reserves the right at any time to refuse to issue Equipment and/or to require its immediate return if it feels that the Client is unable or unwilling to operate the Equipment safely and/or in compliance with any local rules, regulations or directions.
You must inspect the Equipment on presentation at the Shop – by taking possession you confirm that it is in good working condition and free of faults.
Return
All original Equipment must be returned to Glenshee in the same condition as issued at the commencement of the Rental Period, and at or by the time/date stated in the Order.
Any Equipment returned late and/or in a different condition shall be payable at the daily rate of hire (available in-Store or on Site) – until accepted by Glenshee.
If the Equipment is returned damaged or in a different condition to when it was delivered to the Client, upon presentation of an invoice by Glenshee the Client must pay the replacement cost of the Equipment (regardless of the extent of the damage), plus the daily hire charge cost until the replacement equipment is redelivered to Glenshee.
Glenshee’s decision on the condition of the Equipment upon collection and return is final. Notwithstanding the return of the Equipment and end of the Rental Period, Glenshee reserves the right to later inspect the condition of the Equipment in full.
Any lost / unreturned Equipment at the end of the Rental Period shall be paid by the Client upon presentation of an invoice at the replacement cost of the Equipment, together with the daily hire charge cost until the replacement Equipment is received by Glenshee.
Sure – I have said “if the equipment is damaged then Client pays for the 100% replacement value”. I think this is the easiest way of doing things – and realistically you might want to discount them – but the starting point needs to be “if the equipment comes back damaged -you pay for it”.
Sure. So (i) the Equipment is returned “as was” – nothing due. (ii) Equipment is returned damaged / changed condition – Client pays replacement (plus time/cost to deliver) (iii) Equipment lost/non-returned – Client pays replacement (plus time/cost to deliver). Decision of condition of Equipment always Glenshee’s.
Loss / Damage
Any loss/damage must be reported to Glenshee immediately, by telephone on 07749882006 and/or info@glensheeskihire.co.uk.
Any Equipment failures must be reported to Glenshee immediately, so that arrangements can be made for repair / replacements, by telephone on 07749882006 and/or info@glensheeskihire.co.uk.
A failure by a Client to notify Glenshee immediately and/or at all of the above shall be a material breach of the Order and Terms.
Client warrants that the information given in the Order if true and correct. Client warrants that they have the skills, expertise and experience to use the Equipment safely and in accordance with all laws, regulations, directions and best-practices both the Equipment and the area in which it is to be used, and shall make themselves aware of the these and operate the Equipment in accordance with such requirements.
Client warrants that they shall cease using the Equipment immediately if they are (or believe they may be) unable to comply with their obligations under these Terms and the Order.
Insurance
Client warrants that they have their own insurance coverage for incidents such as theft, loss or damage. Glenshee reserves the right to require confirmation and/or proof of such insurance before allowing the Rental Period to commence.
Equipment – Disclaimer and limitation
Glenshee will use reasonable efforts to check the Equipment before it is hired-out. If the Client believes that the Equipment is faulty and/or needs replacing (having inspected the Equipment in accordance with their obligations above), they should contact Glenshee as soon as possible so that appropriate action can be taken.
Glenshee shall not be liable for any loss, damage, claim or expense unless caused by Glenshee’s proven and material gross negligence or fraud.
In any event, Glenshee’s liability shall be capped at the total Rental Price paid by the Client for the Rental Period.
Glenshee shall not in any circumstances be liable to the Client for any direct, indirect or consequential damage or any claim against Glenshee by any third party. Client shall indemnify Glenshee in full for any claims brought against Glenshee and arising from the Client’s use of the Equipment.
Cancellations and Refund Policy
Any cancellation made by the Client must be in writing and made by the person who agreed to the Order. Glenshee reserves the right to refuse cancellations or changes required by parties who are not named on the Order.
If cancellation is not made at least 14 calendar days before the commencement of the Rental Period, no refund shall be issued.
There are no refunds for return of Equipment before the end of the Hire Period.
Force Majeure
Force Majeure refers to events outside of Glenshee’s reasonable control (which may include but are not limited to: weather conditions, terrorism, significant risk to human health, natural disasters, acts of governments or local authority and other similar events).
No refunds shall be issued if a Force Majeure event occurs and which impacts upon the fulfilment of the Order.
For the avoidance of doubt – Glenshee does not guarantee that Equipment can be used during the Rental Period and no refunds shall be due if Equipment cannot be used (such as if roads are closed, there is no snow etc).
Law and Jurisdiction
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Scotland and you submit to the exclusive jurisdiction of the courts Scotland for the resolution of any dispute arising.
Other Terms
If any of these Terms (or those contained in an Order) are determined to be illegal, invalid or otherwise unenforceable it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and continue to be binding and enforceable.
Glenshee shall be entitled to assign any of its rights and obligations under these Terms to a third party at its discretion.
A failure or delay by Glenshee in exercising any rights under these Terms or at law shall not be deemed a waiver unless expressly confirmed in writing by Glenshee.
Nothing in these Terms, an Order or at law creates a partnership, joint venture, agency or other relationship between the Parties, other than the contractual relationship set-out in the Order.
No third party shall have any rights conferred on it by these Terms or at law to the fullest extent possible. The Contracts (Rights of Third Parties) Act 1999 shall not apply.
In the event of a dispute the Parties shall seek to settle the same in accordance with these Terms. Neither Party shall publish anything defamatory, derogatory or harmful to the other without having sought (i) a resolution in accordance with these Terms; and (ii) giving the other Party fair warning and a right to respond before any contents are published.
