Dark Sky Telescope Hire Terms and Conditions.
CONDITIONS OF HIRE AND USE
This is a contract made between Dark Sky Telescope Hire “Supplier”, and the Hiring Party, ‘Hirer’. “Equipment” is any item supplied to the Hirer by Dark Sky Telescope Hire including telescope, telescope mount, telescope optics, eyepieces, covers, finderscope, accessories, and any other items supplied with the telescope.
1. Dark Sky Telescope Hire accept no responsibility whatsoever for injury or damage to any person or property whilst the Hirer is in possession of the equipment.
2. Should any damage/fault occur, please notify Dark Sky Telescope Hire immediately and refrain from usage until advised otherwise. Do not hesitate to call for advice.
3. The Hirer agrees to pay Dark Sky Telescope Hire in full, new replacement costs for any equipment that is lost or severely damaged (i.e. mirror breakage) in any way and is beyond economic repair.
4. Dark Sky Telescope Hire leases telescopes to the Hirer on the clear understanding that the Hirer is fully responsible for use, treatment and storage of the telescope while the equipment is in the Hirer’s possession.
If Equipment is hired for a period of less than 30 calendar days the Hirer will pay the Hire Charge immediately and in full on receipt of the Equipment and in accordance with the instructions of the Supplier. If Equipment is hired for a period of more than 30 days the Hirer will pay the Hire Charge as specified by the supplier. The Hire Charge is the price stated by the Supplier to the Hirer at time of booking.
If Equipment is hired for a period of less than 30 calendar days, The Hirer may be asked to pay a security deposit of between £50 and £100 to the Supplier at commencement of hire. The Supplier agrees to return the security deposit in full upon the safe return of the Equipment in full, undamaged and in the same working order as at the start of the hire period. Supplier reserves the right to retain part or all of the security deposit should the equipment not be returned in full by the date and time agreed, or be returned damaged, broken or in a state of disrepair.
The Hire Charges will commence from the time stated, and will continue during the Period of Hire until the Equipment is restored to the Supplier in a serviceable condition against the Supplier’s receipt. All time is chargeable including weekends, Bank Holidays etc.
Supplier agrees to hire the Equipment to the Hirer subject to availability and as specified in the confirmation email / telephone call at the hire cost agreed.
EXTENT OF CONTRACT
The Contract will come into being between the Hirer and the Supplier when the Supplier raises a booking confirmation to the Hirer so that it is registered by the Supplier as an Order.
DELIVERY AND COLLECTION
Delivery and collection of Equipment must be agreed by both parties and will be subject to confirmation by e-mail.
RESPONSIBILITIES OF THE HIRER AND THE PERSON SIGNING
The Hirer must review the booking confirmation and any errors or queries must be notified to the Supplier at least 24 hours prior to the commencement of the hire period. If the Supplier does not receive any alterations, it will be assumed that the details of the confirmation are correct and the Equipment will be made ready for delivery / collection as per confirmation.
The Hirer must check the Equipment on receipt to ensure it is undamaged, in good working order and fit for intended purpose. The Hirer must notify the Supplier immediately if any items are faulty. Under no circumstance shall the Hirer repair or attempt to repair the Equipment unless authorised by the Supplier.
Instructions for Set-up, Use and Storage will be provided by the Supplier with all the Equipment. The Hirer must read these carefully prior to using the Equipment and adhere to these when using the Equipment.
The Hirer is responsible for ensuring the equipment is used in a safe and sensible manner, only for the intended purpose and in accordance with the instructions provided. The Hirer must return the Equipment at the agreed time and place stated unless alternative arrangements are agreed with the Supplier. If returning the Equipment by courier or other means, the risk of loss or damage in transit will be the Hirer’s.
NON RETURNED, DAMAGED, OR LATE RETURN OF EQUIPMENT
The Hirer accepts full responsibility for the care and safekeeping of the Equipment during the Period of Hire. If the Equipment is lost, damaged beyond economic repair, or stolen, then the Hirer shall pay to the Supplier on demand, the full replacement costs.
CANCELLATION / AMENDMENT POLICY
If the Hirer wishes to cancel or amend the Contract, the Hirer is entitled to do so free of charge up to 24 hours prior to the commencement of the Period of Hire. If the Hirer wishes to cancel or amend the Contract within 24 hours of the commencement of the Period of Hire, the Supplier shall be entitled to retain 25% of the Hire Charge.
All Equipment remains the property of the Supplier at all times
Subject to the provisions of the Unfair Contract Terms Act 1977 (as amended) the Supplier is not responsible for any direct or indirect damage, injury, loss, claim, cost or expenses (including inconsequential loss) incurred by the Hirer or any other person arising out of the Hirer’s, or any other persons use of the Equipment.
COSTS, EXPENSES AND INTEREST
Any additional expense incurred by the Supplier in the recovery of the Equipment or any fees or expenses payable by the Hirer due to breach of these contract terms shall be payable in full by the Hirer with interest from the date incurred or due until payment at a daily rate equivalent to 4% above the Base Rate of the Bank of England over the equivalent period. Payment of any lesser sum than the amount due shall not discharge the Hirers obligations under this agreement.
Should any item in this Contract be held to be invalid, such invalidation will not affect the validity of the remaining items.
BREACH OF CONTRACT
The Supplier shall be entitled at any time, if the Hirer is in breach of Contract, to terminate this Contract (such termination to be effective immediately) and to repossess the Equipment or any part thereof.
Any failure by the Supplier to enforce any or all of these conditions shall not amount to, or be interpreted as waiver of any of the Supplier’s rights or claims.
The Supplier cannot accept responsibility for any failure or delay on the Suppliers part to fulfil the Suppliers obligations in the Contract where such failure/delay is caused by circumstances beyond the Supplier’s control.
Any amendments to these Terms and Conditions must be agreed in writing.
By making a telescope booking you agree to accept and be bound by these terms and conditions.