Full Terms and Conditions of Inflatable SUP Equipment Rental in Hong Kong
(Whatzsup Limited, Last update: 24 June 2020)
Part 1 Safety Instructions
Customers are required to observe these safety guideline when using the equipment. Failure to do so may result in equipment damage, personal injury or lost of life. In such cases Whatzsup limited shall not bear any associated costs and liabilities.
- Customer should fully check the equipment before paddling, if any equipment is found faulty or damaged, customer should not enter the water and should notify Whatzsup Limited immediately for replacement or refund.
- Inflated your board to the correct pressure (PSI). Make sure you have pumped your board to the correct PSI pressure. Most boards need to be inflated around 15 PSI but make sure you check yours beforehand (PSI info usually displayed around the Board’s Air Intake Hole).
- After inflated, do not expose the board under direct sunlight for over 30 mins unless you are in the water. Prolong exposure to the sun with no water could cause the board to explode.
- When paddling using Inflatable SUP boards provided by Whatzsup Limited, customers are required to wear the provided Life vast, and Leash, at ALL times.
- SUP leashes prevent you from becoming separated from your paddle board — something that can happen in a split second if you’re dealing with windy, choppy conditions and a strong current. This type of mishap can prove to be deadly if you’re far offshore, and it can easily be avoided by simply wearing a leash.
- SUP board itself is sport equipment and shall not deem to be life saving device.
- Customer shall not under the influence of any kind of alcohol or prescription drugs when using the equipment provided by Whatzsup limited.
- Children under the age of 18 shall only operate the equipment under the supervision of an adult.
- Before paddling, customers are required to do sufficient research regarding the weather, water condition, tide times and other related safety information of the area. If the water is too choppy, you might find it difficult, especially if you are a beginner. And be aware, the conditions can change quickly.
- Avoid offshore winds. They will quickly blow your paddle board far out to sea, which can make it extremely tiring and difficult to paddle back to shore.
- When paddling with inflatable board, customer should avoid any sharp objects on land or in water.
- Do not paddle alone without first notifying your friends or family. Bring your phone (with a waterproof pouch) and make sure you can contact others for help if needed.
- Dress appropriately: Dress for the weather. Layers work best, so layer up with water-wicking clothing. If it’s warm when you set off, pop some warm, dry layers in your dry back just incase. If you’re paddling in the cold, pack some gloves and a dry hat and layers just incase you need them.
Part 2 General Terms and Conditions
The agreed Hire Terms are agreed upon check out using Whatzsup Limited Online Booking System.
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 Whatzsup Limited 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 Whatzsup Limited 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 in 2.1.
The Whatzsup Limited reserves the right to recall the Equipment immediately at any time. In the event that the Whatzsup Limited 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 Whatzsup Limited on request the Customer shall be deemed to have authorised the Whatzsup Limited to charge for any costs associated with such recovery.
The Customer shall be required to pay a refundable Deposit to the Whatzsup Limited at the commencement of the Hire Term, unless stated by the Whatzsup Limited prior to the commencement of the Hire Term. The sum of the Deposit shall be set out during check out on our Online booking system.
In the event of a deposit being deemed necessary by the Whatzsup Limited, at the end of the Hire Term the Whatzsup Limited 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 Whatzsup Limited 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.
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 Online booking system.
Payment shall be made in full, as set out in the Online booking system, prior to the commencement of the Hire Term. Online payment can be made by credit card only.
Following the receipt by the Whatzsup Limited of the Hire Fees (and Deposit if required), either
- Whatzsup Limited shall deliver the Equipment to the Location on the agreed date, as set out in the Online booking system, or
- Customer will collect the Equipment from the Whatzsup Limited by prior appointment.
To avoid dispute, customer is advised to check the equipment at the time of delivery or collection, in case the equipment is damaged during storage or transit.
If the equipment is found damaged at the time of collection or delivery, customer should contact Whatzsup Limited immediately, to arrange either a full refund, or a replacement subject to availability.
Upon accepting the equipment either by collection or delivery, it is assumed that customer has taken custody of the equipment and all liability of damage shall fall to the customer.
The Whatzsup Limited 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.
The Customer or a suitable authorised representative must be available at the Location at the time of delivery in order to sign for the Equipment. In the event that the Customer fails to comply with the provisions of this sub-Clause 2.6 it shall be deemed to have accepted delivery of the Equipment, assumed responsibility therefor and shall not have the right to subsequently dispute the facts of the delivery.
In the event that the Whatzsup Limited 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.
At the end of the Hire Term, on the agreed collection date the Customer shall ensure that all of the Equipment is delivered using reasonable delivery method (e.g. Gogovan) to Whatzsup Limited’s location at customer’s own expenses.
In the event that any Equipment is unable to deliver 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 Whatzsup Limited (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 Whatzsup Limited’s then current Price List.
The Customer may only use the Equipment for the normal purpose for which it is intended.
All Equipment must be used in accordance with any and all operation and safety guideline (Part 1) or similar documentation provided.
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.
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.
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 Whatzsup Limited so that is in no less clean than when provided to the Customer.
In the event that the Equipment is not available for whatever reason, the Whatzsup Limited reserves the right to substitute the Equipment with equipment of a similar quality and specification, and which may be a different brand.
Adding damage protection to your rental covers your paddle board against any kind of accidental damage that may occur during your rental period.
This includes tears, dings, scratches, punctures, broken fins, broken leash, broken paddle.
Should your board be damaged during the rental period the cost of repair/replacement is covered if damage protection was added to the rental at checkout.
If damage protection is not added the person listed on the rental order/agreement is responsible for covering any and all costs associated with repair/replacement within 14 days of the end of rental period.
Damage protection does not cover theft or loss (in such case, customer need to bear the full cost of equipment lost). Damage protection cannot be added after the rental period begins.
The Customer shall not attempt to make any repairs to the Equipment without the prior written consent of the Whatzsup Limited. When Whatzsup Limited 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 Whatzsup Limited or the Customer, the responsibility being determined by the reasons for those repairs.
All parts which may require replacement during the Hire Term shall be replaced free of charge by the Whatzsup Limited 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.
Whatzsup Limited will not be liable for any personal injury, lost of life or damage to property which results from the improper use of the Equipment.
Whatzsup Limited will not be liable for any other loss or damage arising out of any circumstances beyond its reasonable control.
Subject to the foregoing, Whatzsup Limited’s liability shall not exceed the Hire Fees actually paid by Customer.
Where the Customer is an individual, Whatzsup Limited shall be entitled to terminate the Hire in the event that:
- the Customer is in breach of these Terms and Conditions;
- the Customer has had their personal belongings confiscated in order to satisfy debts; or
- the Customer has a receiving order made against them.
Where the Customer is a company, Whatzsup Limited shall be entitled to terminate the Hire in the event that:
- the Customer is in breach of these Terms and Conditions;
- 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.
In the event of termination for any of the above reasons:
- all payments required under these Terms and Conditions shall become due and immediately payable; and
- Whatzsup Limited 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.
In the event Customer terminates the Hire, the following charges shall be applicable:
- If the Customer gives Whatzsup Limited over 7 days’ written notice: no amount shall be payable, and we will refund the full amount excluding credit card transaction fee.
- If the Customer give Whatzsup Limited less than 7 days’ written notice: 50% of the Hire Fees shall be payable, and we will refund the half amount excluding credit card transaction fee.
Customers who wish to use the Equipment but, due to “Typhoon signal No.3 or higher” or “Red raining warning or higher” or “Thunderstorm warning” issued by the Hong Kong Observatory, shall have the option to:
re-book the Hire for another date to be agreed with Whatzsup Limited
To avoid fraud, you hereby agree Whatzsup to collect a copy of your personal identification (usually Hong Kong ID card or Passport) or other personal information, when using our rental service(s).
You also hereby agree in the event of dispute, Whatzsup can use the identification/information to facilitates and police / 3rd party investigation.
Part 3 Rental and Damage Liability Waiver
3.1. I hereby agree that by renting any equipment from Whatzsup Limited, I accept liability for any damages or injury that may occur while using any of the equipment- regardless of its condition- rented from Whatzsup Limited.
3.2. By signing this agreement I understand that I am waiving my right to bring a court of action to recover compensation or obtain any other remedy for any injury to myself, my property, or my death, however caused, arising out of my use of any equipment from Whatzsup Limited.
3.3. I understand that there are inherent risks associated with the activities offered by Whatzsup Limited including but not limited standup paddle boarding.
3.4. I understand that equipment and safety devices are provided for my use (such as the leash, and life vest).
3.5. I agree that I will be solely responsible for proper use of safety and other equipment and procedures. It is my responsibility to inspect all equipment.
3.6. I, the undersigned user-or guardian of user-HEREBY RELEASE on behalf of myself, my heirs, representatives, managers, successors, executors and administrators of Whatzsup Limited its officers, agents, and employees from any cause of action, claims, or demands whatsoever including, but not limited to, a claim of negligence.
3.7. I also agree that if equipment is damaged, lost or misplaced that I rent from Whatzsup Limited I will pay for the losses or damages as shown in Appendix 1A. .
3.8. I agree that if Whatzsup Limited incurs any cost associated with recovery of payment for damages or losses (such as court costs, collection costs and/or attorney costs) that I will reimburse or pay Whatzsup Limited for these costs as well as the cost of the damaged items.
3.9. It is solely the discretion of Whatzsup Limited to determine if damaged equipment will be repaired or replaced at the renter’s expense.
3.10. I agree that Whatzsup Limited can charge my account daily late fees for any rental not returned on on the due date with or without my consent.
3.11. I agree that Whatzsup Limited can charge the full retail price of any rental product not returned within 5-days of the expiration of the rental term without my consent.
3.12. I (renters) am responsible for ensuring all equipment is properly used and attached. I also agree to not operate the equipment under the influence of drugs or alchohol.
I understand that the terms of this agreement (Part 1, 2 & 3) are legally binding and I certify that I am signing this agreement, after having carefully read it, of my own free will.