BOAT HIRE TERMS AND CONDITIONS
NSW MARITIME HIRE & DRIVE LICENCE #: HD 0111
1. INTERPRETATION
For the purpose of this Agreement, unless the contrary intention appears:-
1.1 “Hire Boat” includes runabouts and kayaks described in the agreement and any replacement or substitute vessel of them.
2. REPRESENTATIONS AND WARRANTIES
2.1 The Hirer acknowledges that no representation, warranty, condition or description, either express or implied, is or has been made or given by the Owner as to the quality, fitness, safety or otherwise of the boat and that all warranties and conditions whether express or implied are excluded except such conditions and warranties as are implied into this Agreement by the Trade Practices Act 1974, or any applicable law.
2.2 The Hirer agrees to return the Hire Boat to the Owner in the same condition as was hired except for fair wear and tear.
3. DRIVERS’ QUALIFICATIONS
The Hirer warrants that no person will control or steer the boat unless the person:-
3.1 is over the age of 18 years (only required with regards to the hiring of powered vessels)
3.2 is not under the influence of any drugs or intoxicating liquor, and does not have a blood alcohol level exceeding the limits allowed by the relevant law.
3.3 The Hirer and any co-driver will be held personally responsible for breaching this condition.
4. OBSERVATION OF LAWS AND STATUTES
4.1 In the Hirer’s possession, use and operations of the Hire Boat, the Hirer must at all times observe and comply with the laws of the State of New South Wales (including all Acts and Regulations administered by the NSW Maritime Services Board) and must indemnify the Owner against all actions, suits, claims or demands arising from the use of the Hire Boat.
5. RISK WARNING ABOUT RECREATIONAL ACTIVITIES
5.1 Within the meaning of the Civil Liability Act 2002, the Owner warns the hirer and other persons who engage in any recreational activity including the use and operation of this Hire Boat, including for the purposes of swimming and such like activities that pursuit of such activities may result in harm or personal injury. All persons who engage in a recreational activity do so at their own risk.
5.2 The Hirer accepts those risks and agrees to indemnify the Owner of the Hire Boat for any losses suffered by the Hirer, and passengers or third parties as a result of the materialisation of those risks and dangers.
5.3 The Hirer also undertakes to advise all passengers of the risks and dangers associated with the use and operation of the Hire Boat prior to boarding. The Hirer acknowledges and understands all safety material and briefings that have been presented by the Owner.
5.4 The Hirer must indemnify the Owner against:-
5.4.1. all damage to or loss of the Hire Boat howsoever arising to the extent to which the damage or loss is not recoverable under any policy of insurance; and
5.4.2 injury to or death of any person and damage to any property and all claims, damages, losses and expenses howsoever arising from or incidental to the possession, use or operation of the Hire Boat.
6. USE OF THE HIRE BOAT
6.1 The Hirer agrees not to allow more than 6 persons at a time to travel in the runabouts, 1 person at a time to travel in the single kayaks and 2 persons at a time to travel in the double kayaks.
6.2 The Hirer agrees not to allow more any persons to travel in the runabouts or kayaks whilst under the influence of any drugs or intoxicating liquor, and does not have a blood alcohol level exceeding the limits allowed by the relevant law. Smoking is not allowed on board vessels.
6.3 The runabout and kayaks are only allowed in the river system during daylight hours from Sunrise to Sunset.
6.4 Hire Boats are not permitted to cross coastal bars.
6.5 The Hirer must return to shore in poor weather, or when poor weather conditions are imminent.
6.6 Suitable life-jackets are provided for all passengers. It is recommended that life-jackets are worn at all times.
6.7 The Hirer must not use the boat for conveying any load in excess of that for which it was constructed.
6.8 The Hirer agrees at all times to use the Hire Boat in a proper manner and not to alter or tamper with any accessories, fittings or identification marks attached to it.
6.9 The Hirer must not cause or permit any repairs or alterations to be made to the Hire Boat without the prior written authority of the Owner.
6.10 The Hirer must pay penalty notices if issued by any authority, occurring during the hire period.
7. RETURN OF THE HIRE BOAT
7.1 The Hirer must return the Hire Boat to the Owner or at such other place (if any) as the Owner may nominate at or before the finish of hire.
7.2 The Owner may, without prior notice, determine this Agreement ended and take possession of the boat if the Hirer:-
7.2.1 commits any breach of the provisions of this Agreement or
7.2.2 causes or permits to be done any act or thing which the Owner considers likely to endanger the condition or safety of the Hire Boat or to prejudice its return to the Owner at the hire finish time.
7.3 Should the Hire Boat not be returned within the agreed time and the Hirer is unable to be made contact with, it will be deemed the hirer to have lost / stolen the vessel and the Owner will take steps to regain possession, including police action. Additional costs will apply for late return if not prearranged.
8. PAYMENT AND RETURN OF DEPOSIT
8.1 The balance of the deposit shall be refunded to the Hirer upon return of the Hire Boat to the Owner of the Hire Boat in the same condition as it was released.
8.2 The Owner is entitled to retain any amount to cover extended hire, cleaning or repairs.
8.3 The Hirer’s liability to the Owner in respect of any breach of this Agreement is not restricted to the amount of the deposit.
9. ACCESS TO BOAT
9.1 The Owner shall have access to the Hire Boat at all reasonable times to inspect and repair the boat.
