Bright Chalet Ski HIre

Terms and Conditions of Hire

Definitions
'Equipment’ means skis, boots, bindings, stocks, snowboards, chains, ski racks, apparel and any other items hired to the customer by the ‘Owner’ Bright Chalet.

Property
Ownership of the Equipment shall at all times remain Bright Chalet’s and no other person shall be entitled to use, dispose of or deal with the Equipment in any way which is inconsistent with the Owner’s rights of these conditions.

Loss or Damage to Equipment
The customer will immediately stop using the Equipment if it is damaged or becomes unsafe. The customer will not repair or attempt to repair the Equipment without the Owners consent. The customer will reimburse the Owner or pay for the costs of all repairs and if the damage is irreparable or the Equipment is lost or stolen, the replacement cost of the goods.

Customer’s Obligations
The customer shall:
(a) pay the Owner all hire and other charges for which the Customer is liable to the Owner;
(b) upon delivery, immediately equipment to be satisfied as to its condition and fitness for the purpose for which the Equipment is required. In accepting the Equipment, the Customer acknowledges the Equipment has been examined and the Customer is satisfies as required;
(c) use the Equipment in a proper manner and only for the purpose and within the capacity for which it was designed acknowledging that the Owner can give no warranty as to that capacity;
(d) accept full responsibility for the safekeeping if the Equipment;
(e) not alter, make additions to, deface or erase any identifying mark, trademark, writing or number on the Equipment or in any other manner interfere with or modify the Equipment;
(f) accept responsibility for and fully reimburse the Owner for the cost of freight to retrieve any Equipment abandoned for any reason.

Din Settings
The Customer acknowledges the DIN (Deutsche Industrie Norm) setting has been calculated on the basis of information provided by the Customer to the Owner, the information is warranted as correct by the Customer and the Customer releases the Owner from and indemnifies the Owner against any claim arising as a consequence of the DIN setting being incorrect.

Indemnity
The Customer agrees to indemnify and keep indemnified the Owner against liability in respect of any suits, claims, actions, demands, costs, loss or damages by the third party arising directly or indirectly out of hire or use of the Equipment by the Customer whether cause by the negligence of the Customer or any other person, the breakage of failure of the Equipment or otherwise.

Exclusions
Any warranty or representation whether express or implied as to the state, quality merchantability or fitness for purpose of the Equipment hired is excluded to the maximum extent permitted by law. The liability of the Owner to the Customer or any person claiming through the Customer for any loss, damage, claim, action or suit whether arising as a consequence of the negligence of the Owner or otherwise resulting from the hire or use the Equipment shall be limited to the maximum extent permitted by law and shall not exceed the refund of the hire fee. In no circumstances shall the Owner be liable for any indirect or consequential loss.

Termination of Hire
The customer may terminate the hire period at any time by returning the Equipment to the Owner prior to 6.30 p.m. on the agreed date. If the Equipment is returned in an unsatisfactory condition in breach of the terms of this agreement the hire periods shall be deemed to continue until the Equipment is in a state which is reasonably satisfactory to the Owner. The Owner undertakes to take reasonable steps to put the Equipment in a satisfactory state as soon as practicable after its return.

Miscellaneous
(a) These terms and conditions replace and supersede all other terms and conditions of hire, if any previously in force between the Owner and Customer and no variation of these terms and conditions shall bind either party unless confirmed by the Owner in writing.
(b) If any part of these terms or conditions becomes invalid, void, unenforceable or illegal for any reason than that part shall be deemed to be deleted from these terms and conditions which shall be interpreted and enforced as if such provision was not contained in this agreement.
(c) Termination of the hire period shall not affect any of terms and conditions which are expressed or implied to operate or have effect after termination.
(d) Any person signing this agreement for or on behalf of another person agrees with the Owner that he/she has the power and authority to make this agreement on behalf of the other and to bind the other to this agreement and indemnifies the Owner against all losses and costs incurred by the Owner arising out of person signing this agreement failing to have such power and/or authority.