1. Hire of Boat
The Owner hires the boat listed above to the Hirer on the conditions contained in this agreement.
2. Hirer’s licensing
The Hirer warrants to the Owner as follows:
(a) That the Hirer holds a current driver’s license.
(b) The Hirer is familiar with all of his / her operational and safety obligations required for the lawful operation of the boat.
(c) The boat must not be operated by anyone other than the license Hirer.
(d) The Hirer is responsible for the safety of passengers.
(e) Hirer must be at least 18 years of age.
3. Condition of Boat
(a) The Hirer acknowledges that, prior to the commencement of hire, the boat was inspected and any existing damage was noted in this agreement.
(b) The Hirer accepts that at the commencement of hire, all safety equipment required by law was in proper working order and condition.
(c) The Hirer is responsible for all damage to the boat as determined by the Owner on completion of hire.
(d) The Hirer is responsible for all damage to the engine’s propeller. If the propeller is damaged so as to affect performance of the boat, the Hirer agrees to pay the amount of $150.00 to the Owner which the Hirer agrees to pay at the completion of hire.
(e) Further, upon inspection, if there is underlying damage for which the cost of repairs cannot be assessed on completion of hire. The Hirer agrees to pay any additional amount invoiced to the Hirer by the Owner within 14 days of the date of the invoice. If the Owner is required to make an insurance claim, an invoice will be sent to the Hirer which will need to be paid within 14 days from the date of the invoice.
4. Cancellation Policy
Should you wish to make any changes to your booking the following conditions apply?
(a) Bookings cancelled less than 24 hours of hire date – no refund offered
(b) Bookings cancelled within 24- 72 hours of hire date – 50% refund
(c) Booking cancelled 3-6 days of the hire date - 75% refund or new booking date
(d) Bookings cancelled 7 days or more prior to the hire date- 100% refund or option to rebook
5. Term of Hire
(a) The boats are hired on half and full day basis only, for a period of 4 or 8 hours (unless negotiated). The Hirer must return the boat by the agreed time to the agreed location.
(b) The Hirer may not sublease or sublicense the Boat in any manner whatsoever.
6. Operation of Boat
(a) The Hirer acknowledges that before he/she operates the boat, the Owner demonstrated the boat's safety equipment, the boat’s steering, starting and operating the motor and electronics that are on board at the time of hire.
(b) The Hirer must at all times wear the safety lanyard for the kill switch on the outboard motor.
(c) The Boat may only be operated during day light hours.
(d) Maximum number of people on the boat must not exceed the amount licensed to carry.
(e) At no time is the boat to be left unattended.
(f) The Hirer must have a blood alcohol level of .00 and not be under the influence of illicit drugs while operating the boat. There is to be no alcohol consumed whilst operating the boat.
(g) All care must be taken by the Hirer. The Hirer is liable to pay recovery costs at the rate of $80.00 per hour.
(h) The Hirer undertakes to operate the boat in accordance with the Owner’s instructions.
7. Fuel Requirements
All fuel is inclusive in the hire price.
8. Limit of Operation
(a) The Hirer must only operate the boat within Smooth Waters. The Hirer acknowledges that these limits are showed on the maps supplied.
(b) If the Owner ascertains that the Hirer has or is operating the boat outside of these limits the Owner may immediately terminate the Hire Agreement and retake possession of the boat.
9. Tidal Conditions
The Hirer acknowledges that the Owner has advised the Hirer, prior to operation of the boat, of current and anticipated tidal conditions. Included in this explanation was a warning by the Owner that sandbars surround in the operating area.
10. Late Return
(a) If the boat is not returned by the Hirer by the agreed time. The Owner may levy a further charge of $50.00 per hour payable by the Hirer.
(b) In the interests of safety and given the Owner’s duty to report the late return of boats and customers, the Owner will report any late return to the appropriate authorities and mount a search where no prior contact has been made by the Hirer prior to the agreed time.
11. Safety Management Plan
The Hirer acknowledges that before he/she operated the boat, the Hirer a copy of the boat’s safety management plan including action to be taken in an emergency that was available on www.poppasboathire.com.au.
12. Hirer’s Medical Condition
The Hirer declares that to the best of his or her knowledge, the Hirer has no medical condition that makes the Hirer unable to operate the boat safety.
13. Release and Indemnity
(a) The Hirer acknowledges that he/she hires and uses the boat at the Hirer’s own risk. The Hirer releases, indemnifies and keeps indemnified, and discharges the Owner from all claims, actions, including negligence, suits or demands brought by the Hirer, any person for whom the Hirer is responsible and/or any third party, in respect of the Hirer’s operation.
(b) Indemnity - “to the extent permitted by law the Hirer hereby indemnifies the Owner against all losses or expenses which the Owner may suffer or incur due to the failure of the Hirer to fully observe its obligations under the agreement, or any willful or neglectful conduct not directly connected with the Owner in connection with the boat.
(c) except where required by mandatory operation of law, the Owner shall not be liable to the Hirer or any person for any personal injury, indirect, special or consequential loss or damage (including without limitation loss of profits, loss of opportunity or business interruption) suffered by the Hirer or any other person howsoever caused (including by negligence where allowed by law) by the boat or the use thereof or any delay or non-performance and the Hirer does hereby waive and release the Owner from any action, claim, loss or right the Hirer may now or in the future have against the Owner arising in connection with the boat in any way whatsoever)
(d) Consumer Laws – if any provision of this agreement would, but for this clause, be contrary to any laws, including any conditions, warranties, rights or remedies which the Hirer may have pursuant to the Competition and Consumer Act or otherwise then that clause is to be severed from this agreement and treated as void, but so that the remaining provisions shall not be affected in any way whatsoever.