• TERMS AND CONDITIONS FOR RENTAL
NB: IT IS YOUR RESPONSIBILITY TO INSPECT YOUR EQUIPMENT PRIOR TO USE.
ANY DAMAGE WILL BE CHARGED TO FIX OR REPLACE
I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment during the rental period.
SURFBOARDS, PADDLEBOARDS (SUP’s) - Should I damage a surfboard, windsurfer or SUP, I agree to pay a damage fee of $40 per minor repair and $100 per major repair. (maximum limit of liability for surfboard damage is $400 for a short board (up to 6’9) and $500 for a mid range (7’0 – 9’0) and $600 for a long board (9’0 up), $1,000 for SUP’s: ISLAND SURF AND SAIL LTD reserves the right to deem a board no longer of sufficient quality to remain in its rental fleet. Should this occur, I agree to replace the board and have my credit card charged with the replacement cost of the board/s.
FISHING GEAR, - Replacement Costs: Feather Lures $10 ea, Silver Spinner $15 – Excessive Lost Line $15
KAYAKS – Replacement Cost: $600, FLOATS $150, PADDLES $60 Reservations must be cancelled 3 days or more prior to day of rental to avoid a late cancellation fee of $50.
Customer acknowledges that Customer has examined and visually inspected the equipment described in this contract and knows the condition thereof at the time of rental. Customer also agrees to periodically inspect the equipment to maintain it in a safe, seaworthy and dependable condition.
2. DAMAGES OR LOSS
In the event of damage or loss, Customer shall be responsible and agrees to pay Island Surf and Sail salvage or other service and expenses and/or a replacement cost for any loss, theft, disappearance, collision or other occurrence to the equipment regardless of fault of any party while being in the custody of the Customer for the rental term or under the conditions of the Terms and Conditions’ as outlined in this rental contract. Customer understands that no right, title or interest in any of the rented objects shall pass to the customer.
3. RENTAL TERMS AND OWNERSHIP
The agreed rental term or period of this contract is as stipulated on page 1 of this contract at the time rented. The Customer agrees to return the equipment to Island Surf and Sail or a pre-arranged location, at no later then the time due as listed on page 1 of this contract. If the customer fails to return the equipment by the date and time due, such failure may constitute an unauthorized taking and the Customer will be fully liable for all legal fees, costs and expenses, including consequential loss of potential rental income to Island Surf and Sail and the replacement cost of the rental equipment.
Customer understands that the equipment described in this contract is to remain the property of Island Surf and Sail and the Customer agrees to return the same to the location from which is rented, or alternate location designated at the time of rental and so listed. For purposes of enforcing Island Surf and Sail’s ownership of said equipment and to protect Island Surf and Sail’s rights under this contract, the Customer agrees that Island Surf and Sail may retake possession of the equipment at any time and for such purposes to enter upon the premises of the Customer. Customer hereby waives the right of any action against Island Surf and Sail, its owners, employees or agents by reason of such retaking or entry.
4. PERSONAL PROPERTY
Customer agrees to assume all responsibilities for loss or damage from and cause to any and all personal property of the customer and any guest or passenger.
5. FINES & PERMITS
Customer shall obtain and pay for any required permits and licenses, particularly fishing licenses according to BVI laws and regulations and is personally responsible for any fines due to violations of or negligent operation to said laws and does hereby to indemnify Island Surf and Sail for it. If the equipment is seized, commandeered by government or government agency the Customer is responsible in full.
6. OPERATIONS / USE
Customer at all times agrees to operate equipment in a safe and prudent manner and understands that Customer is responsible for equipment under the ‘Terms and Conditions’ under this contract. Customer warrants that Customer has basic knowledge of operation and use, and understands and agrees that this rental is not contingent upon customer’s prior experience with the specific equipment. Customer further agrees and understands that Customer will be provided with basic written and / or oral instructions in the operation of said equipment and further agrees to indemnify and hold Island Surf and Sail harmless for any and all use of the same. Customer understands should Customer permit the operation of the equipment by a member of customer’s party, all termsand conditions of this contract remain the same; Customers liability and responsibility shall not cease or be altered in any way. Customer warrants and agrees not to operate the equipment while under the influence of alcohol, narcotics, barbiturates, drugs or marijuana nor carry or transport it if possession is in violation of any law. If the participant is a minor, the parent or legal guardian warrants and represents that this Release Agreement, it's significance and the assumption of risk, has been explained to and understood by the minor child or ward. I hereby declare, under penalty or perjury, that I am the parent or legal guardian of the named participant
7. THIRD PARTY LIABILITY
Customer agrees and acknowledges that all third party liability for property damage or bodily injury in relation to the use and operation of the equipment at the sole responsibility of the customer and / or operator, and that Island Surf and Sail provides no liability protection to the Customer, operator or passengers. Customer shall indemnify and hold Island Surf and Sail and its owners, employees and duly authorized agents harmless for any and all damages and / or liability arising out of or resulting from Customer’s use and / or operation of the equipment. The Customer further assumes all risk involved in the use and / or operation of the equipment and acknowledges the inherent and natural hazards and perils of waterways.
8. NOTICE OF LOSS OR DAMAGE
Customer agrees to immediately report any accident, loss or damage to Island Surf and Sail and further agrees to cooperate and provide written or oral statements to Island Surf and Sail or its designated representative.
9. PAYMENTS OF CHARGES
Customer shall pay Island Surf and Sail all charges hereunder on demand. This contract allows the use of renter’s credit card for all needed expenses i.e. rental and damage.
10. DEPOSIT / COLLECTION EXPENSE
Any deposit given by the customer shall be applied to and guarantee the faithful performance of all the provisions of the contract and for all sums and for all losses, services and repairs necessary to the equipment which now or hereafter may be due. If action is brought to enforce any of the Terms and Conditions of the contract or to recover any sums due hereunder, the Customer shall pay all attorneys fees court costs and other expenses.
For and in consideration of permitting the Customer to lease the equipment, the Customer individually, and the Customers individual heir, executors, administrators and assigns hereby voluntarily now and forever release, discharge, waive and relinquish any and all actions or causes of actions (for personal injury, property damage or wrongful death occurring to Customer self), arising at any time against Island Surf And Sail Limited and all its owners, directors, officers, employees, successors, heirs and assigns as a result of the lease, use or operation of the leased equipment.
Further the Customer exempts and relieves Island Surf And Sail Limited and all its owners, directors, officers, employees, successors, heirs and assigns from liability, -for personal injury, property damage and wrongful death caused by negligence.
It is the intention of the Customer by signing this instrument to assume FULL responsibility-, and to exempt and relieve Island Surf And Sail Limited and all its owners, directors, officers, employees, successors, heirs and assigns from liability, -for personal injury, property damage and wrongful death to any other passenger / user of equipment, or third party, caused by Customer or any of customer’s passenger / guests.
12. ENTIRE CONTRACT
Customer and Island Surf and Sail Limited understands and agrees that the Terms and Conditions of the entire contract are set forth on both sides of this instrument, that the same contains all agreements of parties, and further headings used herein are for the convenience of the parties only and should not be construed otherwise. No oral explanation or information by any party shall alter the meaning or interpretation of this contract. It is the entire agreement of the parties.
Please confirm that you have read and agree to our terms and conditions.
NB - It is your responsibility to inspect your equipment prior to use. Any Damage will be charged to fix or replace.