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TIRIO STANDARD TERMS AND CONDITIONS
1. BACKGROUND AND DEFINITION OF TERMS.
1.1 These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Services are sold by Tirio to You. Please read these Terms and Conditions carefully and ensure that you understand them before making a Booking.
1.2 By making a Booking you agree to accept these Terms and Conditions and are voluntarily entering into a Legally Binding Contract between You and Tirio. If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to take part in any Activity provided by Tirio.
1.3 These Terms and Conditions, as well as any and all Contracts are in the English language only.
a. The term “Tirio”, “Us”, “We” or “Our” shall mean the company, Tirio Cyf, whose registered office is 19 Denbigh St, LLANRWST, Conwy, LL260LL. Our company is registered in Wales and its registration number is 10478549.
b. The Terms “You”, “Client(s)” or “Participant” shall mean any person, persons, organisation or company booking persons onto or taking part in an activity provided by Tirio.
c. The Terms “Activity” and “Activities” shall mean any booking, course, activity or event provided by Tirio Cyf.
d. The Term “Dependent” shall mean any person or persons for whom a Participant has Parental Responsibility.
e. The Terms “Deposit” and “Booking Fee” shall mean a non-refundable Activity Registration Fee, paid to secure a place or places on an Activity.
f. The Term “Booking Form” shall mean any method of collecting Participant(s) information to allow the Participant(s) to undertake an Activity. This information may be gathered by, but not limited to: Email, letter and on-line form.
g. The Terms “Booking Conditions” and “Participation Requirements” shall mean any condition(s) or requirement(s) stipulated by Tirio which a Participant must meet in order to participate in an Activity.
h. The Term “Open Water” shall mean any body of natural or man made water including but not limited to, ponds, pools, lakes, rivers, reservoirs, estuaries or seas.
i. The Term “Booking(s)” and “Contract” shall mean the contract entered into by you and Tirio upon you making a Booking.
j. The Terms “Coronavirus (COVID-19)”, “Coronavirus”, and “COVID-19” shall mean Coronavirus disease (COVID-19), Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) or any mutation, strain or variation of SARS-CoV-2.
2. MAKING A BOOKING.
2.1 Booking(s) for an Activity can only be made by means of a completed Booking Form and accompanying, non-refundable, Deposit of a percentage, to be specified by Tirio, of total Activity fee (outside of 30 days of the commencement date) or 100% of total Activity fee (inside of 30 days of the commencement date).
2.2 Payment methods:
a. Cheques can be made payable to “Tirio Cyf”. (Not accepted for Vouchers)
b. Electronic banking transfers (BACS). Please contact us to request the relevant Information.
c. Cash payments are accepted, but only by prior agreement by us.
d. Paypal Payments are accepted. Please contact us for details.
e. Card payments are accepted via the online payment system.
2.3 Once a Booking has been accepted in writing by Tirio or its agent(s), the Client(s) making the Booking will have entered into a Legally Binding Contract between Tirio and You, on the basis of these Terms and Conditions and shall be liable for the full Activity fee.
2.4 The balance of the Activity fee is payable a minimum 30 days prior to the commencement of the Activity. In the event that the balance is not paid, Tirio will have the discretion to treat the booking as cancelled by the client.
2.5 The whole Activity fee is required to reserve a place for any Booking made within 30 days of the commencement of the Activity date.
2.6 Vouchers. Vouchers will be sent to the stated recipient upon Tirio receiving the completed voucher Booking Form and receipt of full payment. A confirmation email will be sent to the address supplied by the purchaser. Please ensure that you carefully read the Voucher Information and Conditions that we will send to you prior to making any payment.
a. Vouchers are valid for 1 year from the date of issue.
b. Vouchers are only valid for the named individual supplied by you upon purchase.
c. Vouchers may be used as deposit or full-payment towards any of our scheduled packages, subject to the individual meeting the Booking Conditions.
d. A Dependent must be accompanied by their parent or legal guardian. Vouchers cannot be purchased for individuals under 18 years of age unless purchased with an additional Voucher(s) for the Dependent’s Parent or Legal Guardian. Please contact us to discuss.
e. Recipients of vouchers must meet the minimum requirements stated in the Booking Conditions.
f. Vouchers will entitle the recipient to book onto one of our scheduled activities, these will be published on our website.
2.7 Cancellation and Refunds of Vouchers. Vouchers are non-refundable.
2.8 As well as the conditions stated in Para 2.6 - 2.7, Paras 3 - 4.6 shall also apply.
3. CANCELLATION BY THE PARTICIPANT (YOU).
3.1 If the Participant is unable to take part in the activity then the activity shall be deemed to be cancelled by You. All cancellations made by you prior to the Activity must be made in writing.
3.2 In the event that you cancel, you will be charged the following cancellation fees:
a. Cancellation more than 30 days prior to the start of the Activity = Loss of deposit.
b. Cancellation between 7-30 days prior to the start of the Activity = 50% of total activity cost.
c. Cancellation during the Activity or less than 7 days prior to the start of the Activity = 100% total activity cost.
3.3 Postponing an Activity will be treated as a cancellation and a separate booking.
4. CANCELLATION BY TIRIO (US).
4.1 Whilst every attempt is made to ensure that an advertised Activity actually runs, Tirio will notify the client of cancellation as soon as it is practicable where cancellation is necessary for whatever reason, including, but not limited to:
a. Numbers do not meet the workable minimum for the effective running of the activity.
b. We have reason to believe there will be dangerous and/or unsuitable conditions for the activity.
c. We suspect any Participant(s) do not meet the Participation Requirements (Paras 6 and 9 refer).
4.2 Tirio shall make all reasonable efforts to notify the you of likely or actual cancellation of your Activity as soon as reasonably practicable, prior to the start of the Activity.
4.3 In the event of cancellation by Tirio, Participants will be offered, at Tirio’s discretion, one of the following options:
a. Full refund of the activity fee paid. Not for cancellation due to weather (Para 4.6 refers) and Not for reasons due to Coronavirus (Para 9.1 – 9.5 refers).
b. Another Activity on different dates.
c. A Voucher redeemable with Tirio for the value of the amount paid by you.
4.4 Tirio reserves the right to remove a Participant from or refuse to accept a client on, an Activity due to:
a. Any Participant who, in the opinion of Tirio Staff, is incapable or unable to meet the physical or mental demands of any activity.
b. A Participant failing to declare any relevant medical information.
c. A Participant who, in the opinion of Tirio Staff, appears to be under the influence of alcohol or drugs.
d. Any Participant who, in the opinion of Tirio Staff, acts in any such manner as to endanger him/herself or any other person.
e. Any Participant who, in the opinion of Tirio Staff, behaves in a way that is threatening or abusive to any other person, including public, Tirio staff or other clients.
f. Any Participant who, in the opinion of Tirio Staff does not possess the required equipment, as stated in the provided Booking Information. Or whose equipment is not of a suitable quality or design to meet the needs of the activity.
g. Any Participant who fails to meet any Participation Requirements or Booking Conditions.
h. Those circumstances listed in Para 9.2.
4.5 In circumstances listed in Para 4.4, the Participant(s) will not be entitled to any refund. Tirio will not be liable for any losses resulting from this decision. Tirio and its Staff will cease to be responsible or liable in any way for the Participant(s) once they have been informed of their removal from an Activity or our refusal to accept the Participant(s) on to an Activity.
4.6 In circumstances where cancellation may be necessary because of, but not limited to, high winds, high water levels or other weather conditions that may mean the activity is, in the opinion of Tirio staff, deemed unsafe. In such instances and where no activity has taken place, we will refund 25% of each cancelled day/s. It is rare that conditions are so bad that an alternative or modified itinerary cannot be completed.
5. DESCRIPTION OF THE ACTIVITY.
5.1 Packrafting is an “Assumed risk” – “Water contact sport” that may carry attendant risks, including personal injury, damage to personal property and death. Participants should be aware of and accept these risks, and be responsible for their own actions and involvement. A summary of Activity types and risks is listed below:
5.2 Water based activities - Open water and rivers can be hazardous. The water can be deep, cold with the prospect of long swims in cold water. Other hazards may be present such as rocks, trees, other water users, water hazards and bank debris. You may be required to paddle your packraft for several hours each day.
5.3 Hiking and Rugged Terrain - Reaching the water and hiking may require walking on uneven rugged ground. Hazards include steep or slippery ground and bad weather. You may be required to walk for several hours each day.
5.4 The nature of the terrain may also lead to damage to personal property.
5.5 Camping, Wild Camping and Bushcraft, First Aid. Terrain may be uneven and unlit. Cooking equipment with open flames and open fires will be present. Participants may use sharp tools and appliances. Hazards may include the risks of cuts, burns trips, slips and falls.
5.6 All activities delivered by Tirio take place in areas that are not without inherent risk. We make every effort to minimize risks to our Participants. Should any risk remain, we will then advise the safest way to proceed. All Participants must follow Tirio staff recommendations.
5.7 All risk cannot be removed entirely; therefore any Participant booking with Tirio must accept these risks on behalf of their Dependent(s) and the Participant, as part of their chosen Activity.
6. PARTICIPATION REQUIREMENTS.
6.1 Due to the nature of the activity, all participants should be content that they are of a suitable level of physical health to undertake it. Prior to taking part in any Activity Participants will be required to sign to say that they meet all Participation Requirements.
6.2 All participants must be able to easily swim 25m (50m for Packrafting Training Courses) and be confident in Open Water.
6.3 Spectacles can be a hazard to you whilst participating in an Activity. If you choose to wear spectacles you must accept that injury may occur and accept full responsibility for any such injury. Participants may wear contact lenses.
6.4 Medical Conditions. Before making a Booking all Participants wishing to participate should read the medical questions listed at Para 6.7 and the Description of the Activity at Para 5. to ensure they meet the Participation Requirements. Any queries regarding suitability should be addressed to Tirio by phone on the number provided. The list of Medical Questions is included at Para 6.7, the list is not exhaustive and you should make us aware of anything which may impact or impede a Participant(s)’ ability to participate.
6.5 We may need evidence of your suitability to participate, such as, but not limited to, a letter from your Physician stating you are able to undertake the activity. Should such evidence be required we will notify you in writing. The evidence requested will need to be supplied to us in writing prior to booking. Failure to supply any evidence of your suitability to participate shall constitute a cancellation of your Booking by you, Para 3 refers.
6.6 Should any Participant fail to declare accurately any pertinent medical condition relating to the Participant or their Dependent(s) then the Participant and, where applicable, the Dependent(s) will not be not be permitted to participate. Failure to accurately declare any pertinent Medical Condition shall constitute a Cancellation of the Activity on the part of the Participant who shall not be entitled to any refund, Para 3 refers.
6.7 Medical Questions. If you or any Participant or Dependent answers “yes” to any of these questions, then the Participant should telephone Tirio on +44 (0)7450 245561 as soon as possible to discuss the Participant’s suitability. Please do not send any medical information to us.
a. Have you ever been told by a physician that you have a heart condition or you should only do physical activity recommended by a physician?
b. Upon doing physical activity, do you feel pain in the chest?
c. When you were not doing physical activity, have you had chest pain in the last month?
d. Do you ever lose consciousness or do you lose your balance because of dizziness?
e. Do you have a joint or bone problem that may be made worse by undertaking physical activity?
f. Is a physician currently prescribing medications for your blood pressure or heart condition?
g. Are you pregnant or post-partum?
h. Do you have diabetes?
i. Have you suffered from any form of seizures, fits or epilepsy?
j. In the last 6 months have you not undertaken regular physical exercise?
k. Do you know of any other reason why you should not undertake strenuous physical activity?
l. Do you have any severe allergies or Anaphylaxis?
6.8 Physical Ability and Fitness. Depending on your chosen activity you may be required to walk and paddle for several hours per day. The description of your activity on our website will give you a clear indication of the distances covered.
6.9 Coronavirus Participation Requirements. You should also ensure You and, where applicable, your Dependents meet the Coronavirus Participation Requirements detailed in Paras 9. to 9.4.
7. OUR LIABILITY.
7.1 Waiver. Tirio will only accept liability for loss or injury where negligence on our part is proven. Participants will be required to agree to and Sign a “Waiver” prior to undertaking any Activity. An indicative example of the “Waiver” is included for reference at Para 9. Failure or refusal by a Participant to sign the “Waiver” prior to the Activity shall constitute a Cancellation of the Booking by the Participant, Para 3 Refers. Participants are encouraged to seek independent Legal Advice should they wish regarding the “Waiver”.
7.2 It is strongly recommended that all Participants obtain their own insurance to cover any loss, damage, accident or injury that may occur.
7.3 Tirio, its staff and any landowner(s), give no guarantee or warranty as to the state or condition of properties of the landowner(s). Tirio its staff and any landowner(s) will not be liable for any act, neglect or default on the part of the landowner(s) or any other person, or breakdown of any properties, nor for any accident, damage, loss, injury, expense or inconvenience whether to person or property which the Participant or any other person may suffer or incur.
7.4 Tirio reserves the right to refuse admittance to Activities and/or accommodation either on its own account or on behalf of the owners of the property or accommodation. In such cases all liability of Tirio and of the owners shall cease.
7.5 Tirio shall not be held responsible for loss or damage to personal property whilst attending our activities. Personal insurance is strongly recommended to cover such circumstances.
7.6 Tirio limits its liability to the maximum extent permitted by law, such that Tirio shall have no liability for any loss or damage suffered by the Participant, its Dependent(s), employees, agents or any other person, for:
a. The consequence(s) of any defect in any product caused by abnormal conditions of storage, treatment or handling or any negligence or wrongful act on the part of the Participant or its Dependent(s), employees or agents.
b. Any claim arising on an invoice issued more than 3 months before the date upon which Tirio receives such claim.
c. Any failure by Tirio to perform any part of its obligations in these Terms and Conditions caused by circumstances beyond its reasonable control.
8. PARTICIPANT LIABILITY.
8.1 Participants using their own equipment on any Activity do so entirely at their own risk. It is strongly recommended that Participants using their own equipment ensure that this is adequately insured against liability, damage and loss and that it is fit for purpose prior to the commencement of the Activity.
8.2 Participants are responsible for their own actions or omissions and, where applicable, of their Dependents and themselves agree to indemnify Tirio against all loses, damage, injuries to persons or property caused by the actions or omissions of the Participant and, where applicable, their Dependents.
8.3 The Participant shall be liable for any losses or damage to any equipment or property caused by the actions or omissions of the Participant. The cost of replacement, remedy or repair will be invoiced to the Participant, who agrees to pay the invoice within 30 days of issue.
8.4 The Participant shall be liable for any loss or damage whatsoever and without limitation arising from the Participant or Participant’s Dependent(s)’ actions which lead to any person contracting Coronavirus (COVID-19).
9. CORONAVIRUS PRECAUTIONS AND PARTICIPATION REQUIREMENTS.
9.1 The Event of the Coronavirus Pandemic is unprecedented in our time and, therefore, all liability for bookings made on or before 01 April 2020 shall fall within the scope of Force Majeure, Para 10. Refers. Our stance on this unforeseeable occurrence will be to continually monitor the situation and to also keep abreast of current guidance issued by the UK Government and the National Governments of Scotland, Wales and Northern Ireland. Furthermore, Tirio shall take all reasonable measures to work within the current guidelines at all times. Throughout your Activity we will do everything reasonably practicable to manage the risk of Coronavirus (COVID-19) transmission. This may include things like: Social distancing measures, increased hygiene and additional procedures and safe guards. By agreeing to undertake the Activity you are accepting that in some occurrences and activities such as, but not limited to: Rescues, Incident management and/or prevention and providing suitable training, may mean that Social Distancing Guidelines cannot always be maintained. In such circumstances, We will take all reasonable steps to minimise the risks of Coronavirus transmission, in balance with all risks present. We will send you full information prior to your arrival. If you have any concerns, please contact us.
9.2 Participant(s) should read the statements below carefully, they are designed to allow you to assess the suitability of a Participant to participate in an Activity. All Participants MUST MEET ALL of the following criteria. Should a Participant not meet all of the following criteria then that Participant will not be allowed to participate:
a. I do not currently have symptoms of COVID-19 (new persistent dry cough, fever, loss of taste or smell)
b. I have not had a positive test for COVID-19 or onset of symptoms of COVID-19 in the last 10 days. (Individuals who have completed their period of isolation (10 days) and have no remaining symptoms (other than a dry cough or loss of taste or smell which can last for some time) may return to normal activities)
c. No member of my household has had symptoms of COVID-19 or has tested positive for COVID-19 in the last 14 days
d. I have not been contacted by a contact tracer from the Test, Trace and Protect Programme and told to isolate in the last 14 days as a contact of someone with confirmed COVID-19
e. I have not returned from a country outside of the UK in the last 14 days, other than those on the exempt list - UK GOV and Home Nations Gov.
f. The Participant acts in such a ways that, in the opinion of any Tirio Staff, they cause concern, distress or risk to themselves or any other person by behaving in such a way as to increase the risk of Coronavirus Transmission.
9.3 Any Participant who is refused participation for the reasons detailed in Para 9.2 a-d above, shall be treated as if the Activity has been cancelled by Tirio and as such Para 4.3 shall apply.
9.4 Any Participant who is refused participation for the reasons detailed in Para 9.2 e-f above, shall be treated as if the Activity has been cancelled by the Participant and as such, the Participant(s), and where applicable, their Dependent(s) shall not be entitled to any refund, Para 3.2. refers.
9.5 Where We are forced to cancel an activity due to either: Us or our staff contracting Coronavirus, Us or our staff being required to self-isolate, We will contact you to inform you of the Activity being cancelled as soon as practicable. In these instances it shall be deemed that We have cancelled the Activity and Para 4.3 shall apply.
10. FORCE MAJUERE.
10.1 Tirio shall have no liability whatsoever if prevented from delivering an Activity, a contract or of any of our other obligations, due directly or indirectly to any cause whatsoever outside the reasonable control of Tirio including, but not limited to: Invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, pandemic, quarantine restriction, strikes or other industrial disputes, unusually severe weather, incidents with energy supplies, act(s) of God, war and terrorism.
11. OTHER IMPORTANT TERMS AND CONDITIONS.
11.1 Tirio may transfer (assign) our obligations and rights under these Terms and Conditions and under the Contract, as applicable, to a third party. This may happen, for example, if we sell our business. If this occurs, we will notify You through information published our Website and social media channels. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
11.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Tirio’s express written permission. Tirio reserves the right to not permit such an assignment.
11.3 The Contract is between you and Tirio. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
11.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
11.5 No failure or delay by Tirio in exercising any of our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
11. APPLICABLE LAW.
11.1 These Terms and Conditions, and the relationship between you and Tirio (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
11.2 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Tiro, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
12. VARIATION OF THESE TERMS.
12.1 Tirio reserves the right to vary these Terms and Conditions at any time. The current edition of these Terms will be published on our Website.
12.2 No variation of these Terms and Conditions by any client shall be applicable unless agreed in writing by Tirio.
Tirio - Hire Terms and Conditions
1. These Terms and Conditions shall apply to the hire of all Packrafts and Accessories (the “Equipment”) from Tirio Cyf (the “Hirer”) by Customers who are hiring the Equipment for use at a location of their choice (the “Location”).
DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Customer” means the customer who is hiring the Equipment subject to these Terms and Conditions.
“User” means any person who is handling, using or operating the Equipment.
“Deposit” means the sum payable by the Customer under Clause 3 of these Terms and Conditions and as set out in the Hire Agreement.
“Price List” means the Hirer’s price list, current at the time of the start of the Hire Term.
“Hire” means the hire of the Equipment by the Customer subject to these Terms and Conditions.
“Hire Agreement” means the agreement entered into by the Customer and the Hirer incorporating these Terms and Conditions which shall govern the Hire of the Equipment.
“Hire Fees” means the sum payable by the Customer for the Hire as determined under Clause 4 of these Terms and Conditions.
“Hire Term” means the start and end date of the Hire as set out in the Hire Agreement Schedule to these Terms and Conditions.
“Servicable” means the item of Equipment is, fit for the normal purpose for which it was intended.
“Unservicable” means the item of Equipment is NOT, fit for the normal purpose for which it was intended.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
- “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means.
- a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
- “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Hire Agreement Schedules as amended or supplemented at the relevant time.
- a Hire Agreement Schedule is a Hire Agreement Schedule to these Terms and Conditions.
- a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Hire Agreement Schedules) or a
paragraph of the relevant Hire Agreement Schedule.
- a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include the other gender.
2. HIRE TERM
2.1 The agreed Hire Term will be set out in the Hire Agreement Schedule to these Terms and Conditions.
2.2 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 Hirer to arrange such an extension. Extensions may be made subject always to the existence of prior reservations made by other customers. The Hirer 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.
2.3 The Hirer reserves the right to recall the Equipment immediately at any time. In the event that the Hirer 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 Hirer on request the Customer shall be deemed to have authorised the Hirer to charge for any costs associated with such recovery.
3.1 In addition to the Hire Fees the Customer shall be required to pay a Deposit to the Hirer prior to the commencement of the Hire Term. The sum of the Deposit shall be set out in the Price List and in the Hire Agreement Schedule to these Terms and Conditions.
3.2 At the end of the Hire Term the Hirer shall have a period of seven (7) days within which to fully inspect the Equipment. On completion of the inspection, if the Equipment is found to be in satisfactory condition, the Hirer shall refund the relevant deposits.
3.3 In the event that the Equipment requires:
- Additional cleaning or maintenance.
- If the Equipment is found to be damaged.
- If the Equipment is found to be incomplete.
In any of these instances the Hirer shall retain the Deposit in full or in part as appropriate and shall provide the reasons for such retention to the Customer in writing.
4. FEES AND PAYMENT
4.1 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 Hire Agreement Schedule to these Terms and Conditions.
4.2 Payment shall be made in full, as set out in the Hire Agreement Schedule to these Terms and Conditions, prior to the commencement of the Hire Term. Online Payment can be made by credit card. For group payments, payment may be made by cheque, BACS or credit / debit card. All cheques must be made payable to Tirio Cyf.
5. DELIVERY AND COLLECTION
5.1 Following the receipt of the Hire Fees and Deposit by the Hirer, either: (1) the Hirer shall arrange delivery of the Equipment to the Location on the agreed date, as set out in the Hire Agreement Schedule to these Terms and Conditions, or (2) the Customer will collect the Equipment from the Hirer by prior appointment.
5.2 The Hirer 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 5.2 it shall be deemed to have accepted delivery of the Equipment, assumed responsibility therefore and shall not have the right to subsequently dispute the facts of the delivery.
5.3 In the event that the Hirer 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.
5.4 At the end of the Hire Term, the Customer shall ensure that all of the Equipment is returned to the Hirer by either: (1) the Customer shall arrange delivery of the Equipment to the Hirer on the agreed date, as set out in the Hire Agreement Schedule to these Terms and Conditions, or (2) the Hirer will collect the Equipment from the Customer by prior appointment.
5.5 In the event that any Equipment is not returned to the Hirer 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 Hirer, at the Customer’s expense. If those items are not available for collection or return, due to loss or destruction the Customer shall be required to pay the cost of replacement in accordance with the Hirer’s then current Price List.
6. USE AND CARE OF THE EQUIPMENT
6.1 The Customer shall ensure that Users are capable and competent to operate the equipment; including, but not limited to:
- Possessing sufficient levels of training, experience and the physical and mental ability to operate the Equipment safely in any environment or Location the Users may find themselves in.
- Not being under the influence of alcohol, drugs or any medication that may in some way impair or restrict the User’s judgement or ability to operate the Equipment.
6.2 The Customer shall ensure that:
- Users only operate the Equipment for the normal purpose for which it is intended.
- All Equipment is used in accordance with any and all operation and safety instructions or similar documentation provided.
6.3 The Customer shall ensure that Users do 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.
6.4 The Customer shall ensure Users 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.
6.5 The Customer shall ensure that Users, at all times, treat the Equipment with a reasonable level of care and shall ensure that it is kept clean and in a serviceable condition. In particular, the Customer shall clean and dry the Equipment before returning to the Hirer so that is in no less clean and dry than when provided to the Customer.
6.6 In the event that the Equipment is not available for whatever reason, the Hirer reserves the right to substitute the Equipment with equipment of a similar or higher quality and specification, and which may be a different brand.
6.7 The Customer shall ensure that Users shall comply with all lawful directives and instructions and any Local or National regulations.
6.8 The Customer shall ensure that any access permits or permissions and any licenses are obtained.
6.9 The Equipment is only to be used in the United Kingdom and must not be taken outside of the United Kingdom without the Hirer’s prior written approval.
7. MAINTENANCE AND INSPECTION
7.1 The Customer shall ensure that Users do not attempt to make any unauthorised repairs to the Equipment without the prior consent of the Hirer. The cost of such repairs shall be borne by the Customer.
7.2 The Hirer will ensure that the Equipment is serviceable prior to delivery to the Customer.
7.3 The Customer shall inspect the Equipment upon receipt to ensure it is Serviceable. If the Customer deems any item of Equipment to be Unserviceable upon inspection they are to inform the Hirer in writing immediately. The Hirer may request photos of the Equipment to assess it and will advise the Customer accordingly and replace the Equipment if necessary.
7.4 The Customer shall not allow any Unserviceable Equipment to be used or operated.
8.1 The Equipment IS NOT INSURED BY THE HIRER as part of the Hire. By signing the Hire Agreement the Customer accepts all liability for the full retail replacement cost of the Equipment. Therefore, the it is strongly recommended that the customer ensure they have adequate insurance in place to cover the following as a minimum:
- Loss, Damage and Theft of the Equipment throughout the Hire Term.
- Liability for Loss, Damage, Accident and Injury to other persons and property.
The Hirer will maintain sufficient public liability insurance coverage at all times during the Hire Term.
9.1 The Hirer will not be liable for any personal injury, damage to property or loss to the Customer, any User or any third party, which results from the use of the Equipment.
9.2 The Customer agrees to release the Hirer, its agents, contractors, employees, and owners from liability for negligence and hold them harmless from any loss, expense, or cost, including solicitors fees, arising out of damages or injuries, whether to persons or property, including those not listed on this agreement, occurring as a result of the hire or use of said Equipment.
9.3 The Customer shall agree to accept all liability for the damage, loss or theft of all of the Equipment howsoever caused and shall be required to sign as such in the Hire Agreement.
9.4 The Hirer will not be liable for any other loss or damage arising out of any circumstances beyond its direct control.
9.5 The Customer shall Authorise the Hirer to recover the costs of repair or replacement (as the Hirer deems most appropriate) from the card payment method supplied in the Hire Agreement Schedule to the Hire Agreement. Where a Card payment method was not supplied in the Hire Agreement, the Hirer shall invoice the Customer for the costs of replacement or repair; The Customer shall agree to pay said invoice within 14 days.
9.6 Nothing in these Terms and Conditions restricts the Hirer’s liability for death or personal injury arising out of any act or omission of the Hirer.
Subject to the foregoing, the Hirer’s liability shall not exceed the Hire Fees actually paid by Customer.
10. DATA PROTECTION
11. HIRER TERMINATION
11.1 Where the Customer is an individual, the Hirer 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.
11.2 Where the Customer is a company, the Hirer shall be entitled to terminate the Hire in the event that:
- the Customer is in breach of these Terms and Conditions;
- the 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.
11.3 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
the Hirer 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.
12. CUSTOMER TERMINATION
12.1 In the event Customer terminates the Hire, the following charges shall be applicable:
- If the Customer gives the Hirer over 20 days’ written notice: £25 shall be payable.
- If the Customer give the Hirer between 14 and 20 days’ (inclusive) written notice: 25% of the Hire Fees shall be payable.
- If the Customer give the Hirer less than 14 days’ written notice: 50% of the Hire Fees shall be payable.
13. NO WAIVER
13.1 No failure by either the Hirer or the Customer to enforce the performance of any provision in these Terms and Conditions shall constitute a waiver of the right to subsequently enforce that provision or any other provision of these Terms and Conditions. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
14.1 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected thereby.
15. FORCE MAJEURE
15.1 The Hirer shall not be liable for, nor shall it be considered in breach of these Terms and Conditions due to, any failure to perform its obligations pursuant to these Terms and Conditions as a result of a cause beyond its control, including any act of God or a public enemy or terrorist, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, theft or criminal misconduct of unrelated third parties, disruption or outage of communications (including the Internet or other networked environment), power or other utility, labour problem, unavailability of supplies, extraordinary market conditions or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by the Hirer with reasonable care.
16. LAW AND JURISDICTION
16.1 These Terms and Conditions shall be governed by the laws of England and Wales. Any dispute between the Parties relating to these Terms and Conditions shall fall within the jurisdiction of the courts of England and Wales.
Website Terms and Conditions
The term ‘Tirio’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 19 Denbigh St, Llanrwst, Conwy, LL260LL. Our company registration number is Registered in Wales 104785549. The term ‘you’ refers to the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
The information contained in this website is for general information purposes only. The information is provided by Tirio Cyf and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.
Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Tirio Cyf. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Tirio Cyf takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
We Value the Privacy of our clients and associates. The following policy lays down how we collect, manage and store and protect your data.
By using our website Tirio.co.uk or by completing our booking process you are agreeing to the collection and use of information in accordance with the policy stated below.
We collect this information to allow us to communicate with you, to ensure your safety and enjoyment whilst on any activity with Tirio.
The information we collect will only be used by Tirio Cyf.
Trio Cyf is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Trio Cyf may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 15 Apr 2018.
What we collect
We may collect the following information:
name and job title
contact information including address and email address
demographic information such as postcode, preferences and interests
other information relevant to customer surveys and/or offers
Information on your weight.
Shoe sizes if you request a loan of footwear.
Emergency Contact details.
Information listed above, on any dependant that participates in any activity with us.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We may use information to ensure your safety and wellbeing.
We may use information to contact nominated persons in the event of an emergency.
We may give your information to an awarding body where you have undertaken to gain a qualification with us.
We may pass on your information to insurers, police, HSE and other agencies where we are required to for legal or insurance purposes.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We may use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
whenever you are asked to fill in a form on the website on on paper, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the General Data Protection Regulation (EU) 2016/679. A small fee will be payable. If you would like a copy of the information held on you please write to Tirio, 1 Trem y Wyddfa, Nebo, LLANRWST, Conwy, LL260SY.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyse this data, this data is sent to Google and not to us. It is used to provide anonymous statistical information on cumulative usage of this site only. We use that information to help us understand and better meet our customers' needs.
This Policy was last updated on of 15 Apr 18 and will remain in force except for any amendments in the future, which will come in to force as soon as they are published on this website.