1. SECURITY DEPOSIT
– A Security Deposit of $400 is required to hold the reservation and is due within 10 days of a request to hold a reservation for the Hirer.
– Deposits are returned within 1 week of completion of the hire period provided no damage to the Equipment is found and no additional charges have occurred due to Sections 7, 8, 9, and 10.
2. CANCELLATION POLICY
– Hirer is responsible for the entire boat hire rate once the deposit is received regardless of whether you cancel or leave early.
– In the event a hire is cancelled within 14 days of the booking, a $200 cancellation fee or 50% of the hire fee if the hire is 2 days or longer, will apply unless the reservation is moved to an alternative date within 3 months following the booking date.
3. NO SHOW POLICY
– Owners commit to having the Equipment available at agreed Check-in Time.
– Owners are not responsible for Hirer inability to arrive or if Hirer chooses to depart early for any reason, or if a member(s) of Hirer party does not show up. As a result, NO REFUNDS OR REBATES will be offered.
– Payment in full is required 14 days prior to the commencement of the Hire Agreement.
– Payment accepted by Cash, Cheque (if received 14 days prior to the booking), EFT Transfer, PayPal or Credit Card (Note: Credit Cards & Paypal incur a 2% fee).
– At the start of the hire period the Equipment will be provided to the Hirer with a full tank of fuel.
– Hirer acknowledges and agrees that they are responsible for all fuel used in the Vessel.
– Hirer acknowledges and agrees that they will return the boat with a FULL tank of fuel at the end of the hire period.
– Hirer acknowledges and agrees that if the boat is not returned with a full tank of fuel that they will be responsible for the cost to fill the tank.
– Hirer acknowledges and agree that this cost will be deducted from their Security Deposit.
6. INSPECTION OF EQUIPMENT
– Owners certify that the boat and motor are in good mechanical and physical condition. Any known damage or problems will be listed on the “Boat Check-Out Sheet”.
– Hirer will inspect said equipment and hires the same without any representations by Owners(s). If Equipment has damage or problems not listed on the “Boat Check-Out Sheet”, Hirer must notify the Owners before use of the boat begins and on the first day of hire.
7. DAMAGES TO EQUIPMENT
– Hirer acknowledges and understands that the Equipment is to be left in clean, undamaged condition, and in the same condition as at commencement of the hire period. If the Equipment is not left in suitable condition, Hirer acknowledges and understands that Owners reserves the right to charge Hirer for any repairs or special cleaning.
– Hirer acknowledges, understands, and agrees that by signing this Boat Hire Agreement, they are authorising Owners to charge the Hirer for any damages sustained. Such charges will be removed from the Hirer’s Security Deposit. If such charges exceed the Deposit amount, then the Hirer will pay the Owners the additional amount within 7 days of being notified of the additional costs.
PLEASE BE AWARE: Major problems that can arise are few, but costly. For example, for damage to the hull of a boat, the Hirer could be held responsible for repairs in excess of $2,000.00. Boat motors range in price from $2,000.00 to $16,000.00.
8. THEFT OR LOSS
– In case of theft or loss, Hirer is responsible for the replacement value of the Equipment.
– In case of abuse or damage, Hirer will be charged for the repair or replacement of the Equipment.
9. REPAIRS – SERVICE CALLS
– Hirer acknowledges and understands that Owners cannot guarantee against mechanical failures of the Equipment. Hirer agrees to immediately notify Owners of defective or non-working units.
– Owners will make every reasonable effort to repair or replace defective units as quickly and efficiently as possible. Repair due to normal wear and tear on the Equipment will be made by the Owners at their cost.
– Should a repair person repair or replace a unit that is found to be in working order and the problem was due to Hirer oversight or neglect or misuse, Hirer agrees that the repair costs may be deducted from the Hirer Security Deposit.
– The Vessel is insured against damage, but excludes any damage to propeller, tires or equipment hired or supplied with the Vessel. Items excluded from insurance shall be replaced or repaired at the expense of the Hirer.
– The Hirer is liable for any abuse or misuse of the Vessel. No property of the Hirer or passengers is insured at any time by the Owners and the Owners shall not be liable for such loss. 13.3 The Owners will not be held liable for any injuries or damages. The Hirer(s) are liable for any damages up to the insurance excess of $750.
11. AREA OF OPERATION
– Operating the Vessel is only permitted in day light hours from Sunrise to sunset unless accompanied by a guide, should the said Vessel be used at night without meeting these conditions, the Hirer’s bond will not be refunded.
– The Vessel is allowed 5nm seaward of the Western Australian Coastline.
12. SAFETY EQUIPMENT
– The Vessel shall not be operated unless all safety equipment supplied with the Vessel at the time of hire is on the Vessel.
13. WEATHER CONDITIONS
– The Vessel is not to be operated if the seas exceed 1.5 meters and if winds exceed 25 knots.
– The Hirer must not operate the Vessel in poor weather or sea conditions, or where such conditions are imminent.
If such conditions are present before the hire commences, the Hirer will have the option to move the booking to the next available time or another suitable time. Please note rain alone does not constitute ground to move the booking.
14. PENALTIES & FINES
– The Hirer must pay penalty notices if issued by any Authority, occurring during the hire period.
15. COMMERCIAL USE
– Permission must be granted by The Owners and the relevant authorities for a Hirer to use the Vessel for commercial purposes.
– The Hirer must check with The Owners that the Vessel is in the correct survey category for its intended use. This intended use must also be specified on the Hire Agreement by the Hirer.
16. SKIPPER QUALIFICATIONS
– The Vessel must be in the control at all times by a Nominated Skipper in the Hire Agreement. All Nominated Skippers must hold a current Recreational Skippers Ticket that is valid for a recreational power Vessel equivalent to that being hired. All other Western Australian marine licensing rules apply.
– The Hirer will NOT allow any other person to control the Vessel unless listed on the Hire Agreement as a Nominated Skipper & is responsible for all occupants and their actions.
– Confirmation and sighting of all Nominated Skippers’ Boat Operators Licenses will be required.
17. SKIPPER RESPONSIBILITIES
– The Nominated Skipper(s) shall follow the instructions of the Owners, including all limitations set by the Owners, either in this Agreement or verbally at the time of Briefing by the Owner’s Briefing Officer.
– The Skipper(s) must not operate the Vessel in an unsafe manner, or in a way that may cause the operation of the Vessel to become unpredictable, or in a way that is likely to cause injury to any people in or near the Vessel, or in a way that may damage the Vessel or nearby property.
– The Skipper(s) will regularly monitor the weather situation and forecasts to ensure safety of persons on board the Vessel.
– The Skipper(s) shall obey all marine regulations and local speed limits or restrictions and other maritime or environmental legislation.
– The Skipper will be liable for all fines and penalties should these rules not be obeyed.
– The Skipper(s) or any other participant shall not navigate or attempt to navigate the Vessel while under the influence of alcohol or drugs to such an extent as to be incapable of having proper control of the Vessel or to such an extent as to be in excess of the legal limit for the substance.
– The Skipper(s) will notify The Owners as soon as reasonably possible by mobile phone (or other means possible) if any incident occurs resulting in loss of life, serious bodily injury, total loss or material damage to the Vessel and or material damage to other property. The Owners will render assistance to the Hirer as soon as practical after being notified.
– The Skipper(s) WILL accept the consequences if he/she breach these conditions and will not be covered by insurance if found to be in breach of the conditions.
– By signing this agreement the Skipper(s) acknowledges that they are responsible for the safety of themselves, their passengers, nearby persons and the Vessel and they acknowledge & understand all safety material and briefings that have been presented.
18. HIRER S OBLIGATIONS
– The Hirer acknowledges and accepts that the use and operation of this Vessel, including for the purposes of water ski, swimming, towing a tube, fishing and other such like activities, is subject to inherent risks and dangers.
– The Hirer accepts those risks and agrees to indemnify The Owners for any losses suffered by the Hirer, any passengers or any third parties as a result of the materialisation of those risks and dangers.
– The Hirer also undertakes to advise all passengers of the risks and dangers associated with the use and operation of the Vessel prior to boarding.
– The Hirer acknowledges & understands all safety material and briefings that have been presented.
– The Hirer will ensure the Owners are notified as soon as reasonably possible by mobile phone (or other means possible) if any incident occurs resulting in loss of life, serious bodily injury, total loss or material damage to the Vessel and or material damage to other property. The Owners will render assistance to the Hirer as soon as practical after being notified.
– The Hirer is to ensure they are familiar with South Australian fishing regulations and that they are obeyed including size and bag limits for the species caught. The Hirer will be liable for all fines and penalties levied, should they not comply with these regulations.
– The Hirer and Nominated Skipper(s) WILL accept the consequences if he/she breach the conditions set out in this Agreement and will not be covered by insurance if found to be in breach of the conditions.
– The Hirer and Nominated Skippers acknowledge that they have read, understand & agree to be bound by the terms and conditions of this Hire Agreement and have made themselves familiar with both the location & content of the safety management plan and understand this, and they acknowledge that they have received a full Briefing by the Owner’s Briefing Officer covering emergencies, safety procedures and general operational procedures, and that they understand and agree with all procedures explained at the briefing.
– The Hirer is responsible for all occupants complying with all conditions of this Agreement.