Terms and conditions of hire

1. Definitions

Booking Date means the date or dates for which a booking is made.

Booking Request means your request to hire a boat from us.

Hire Fee means the fee payable for your use of the boat.

Hire Schedule means a schedule we complete with you in person before and after hire, and includes details about collection and return times, a checklist of equipment provided with the boat, an agreed operating area, and other important information about the hire.

Hire Period means the period starting from when you take possession of the boat and ending at the time stated in the hire schedule.

Skipper means the person name as hirer in the boat request.

We, our and us are references to North West Boat Hire Pty Ltd ACV 658 292 785.

You and your are references to the hirer named in the Booking Request and Hire Schedule.

2. Booking and Cancelations

i) By completing a Booking Request and paying at deposit, you have offered to hire a boat from us. If your booking is accepted, we will send you a booking confirmation. We may refuse a booking for any reason.

ii) Cancel your booking. All cancelations will incur a $50 cancelation fee, we will only issue a refund of part or the remainder of your deposit if you provide a minimum notice period of cancellation as follows:

Booking Length
Minimum notice of cancelation
Amount of Deposit refunded
1 Day
3 Days
50%
2 + Days
7 Days
50%

iv) If you fail to attend on the Booking Date, you agree to forfeit your deposit.

v) If you attend on the Booking Date and we refuse to hire a boat to you (which we may do for any reason, including without limitation where we believe weather or conditions are unsafe), We will refund your deposit in full.

vi) Unless required by law, no refunds will be given after a Hire Period had commenced.

3. hire

i) We agree to hire to you for the Hire Period the boat described in the Hire Schedule. You must return the boat to us at the same time and day as stated in the Hire Schedule.

ii) Hire Fees must be paid in full prior to commencing the hire.

iii) In addition to Hire Fees, you must pay a bond in the amount set out in the Hire Schedule. The Bond is payable online at the time of booking. If the boat is returned in good condition and full of fuel, the bond will be refunded to you (or your account). Bonds may take up to 10 days to return.

iv) Additional Damage Fees:
If there is damage to the boat beyond normal wear and tear, the cost of repairs will be deducted from the bond (plus a $100 administration fee).
Boat Washing/Cleaning Fee = $150.
Damaged propeller = $500.
Damaged propeller and shaft $500 bond will not be refunded and you will also be charged an additional $2500.
 
v) Late returns will incur additional charges at the rate set out in the Hire Schedule. If the boat is not going to be returned on time, you must notify us by mobile phone. Late return may necessitate notification of authorities for search and rescue or police for boat theft. You will be liable for any charges arising if we have to notify authorities because return is late. Please keep us informed if you are not able to meet the agreed return time to avoid unnecessary costs.

4. terms of use

i) The boat may only be used for recreational purposes. You must not use the boat for any commercial or illegal purpose.

ii) The boat must be operated within 20nm of the shore line of the main land or within 20nm of an island. NOTE: This can be extended to 30nm if carrying a SAT phone.

iii) The boat must be under the control of the Skipper at all times. The Skipper must ensure the boat is operated within applicable marine laws, including without limitation the observance of speed limits, marine time regulations and common courtesy to other boat users. The Skipper must not be under the influence of alcohol or drugs.

iv) The Skipper must ensure the safety of passengers and the well-being of the boat. The Skipper must be aware of the current weather forecasts and sea conditions for the area of boat operation for the Hire Period.

v) Only holders of current WA recreational Skippers ticket (or other states equivalent power boat licence) can drive the boat. All qualified boat drivers must be listed on the Hire Schedule and their licence number recorded. All boat drivers must attend the hire briefing.

vi) Boat operation is to be in daylight hours only. The boat is not to be operated in open waters if swells are greater than two metres and/or if wind speeds exceed 20 knots. The boat is only to be used in the agreed operating area. Hazards such as reefs, shoals, sandbars, etc, must be avoided by keeping a vigilant lookout and monitoring electronic charts. When in the vicinity of hazards, channels, or restricted waterways, boat speed is to be reduced to 10 knots or the speed limit (whichever is the least).

vii) Children under 12 years of age must wear a PFD at all times while on the boat.

viii) You may use the radio on the boat to notify maritime authorities as required or appropriate. Radio protocol is to be observed at all times.

ix) You must advise immediately if any events occur during your use of the boat which could, or has, resulted in serious harm to a person or property.

x) The boat must be returned to us with the fuel tank full of appropriate fuel (unleaded). If any inappropriate fuel (A10, diesel, water, etc.) is used, you will be charged for its removal from the boat and for any damage to motors. If the boat is not returned with a fuel tank of full you must pay our costs at the rate of $3 per litre and $100 administration fee.

xi) If the boat is returned in an unreasonable state of cleanliness, an excess cleaning fee of $150 will apply.

5. Liability, Insurance, and Indemnity

i) You are responsible for breakage, damage or loss to the boat and equipment during your Hire.

ii) You are also responsible for any damage you cause to other vessels and structures (third party property damage) or to persons (including without limitation to those on the boat) (third party personal injury or death) during your hire.

iii) You irrevocably release us from any liability arising from your use of the boat for injury or damage occurring to you personally, or to your property, and, subject to any legal limitation, you agree that we will not be liable for any loss of enjoyment or consequential loss arising from your use of the boat.

iv) Where we have an insurance policy that extends to your use of the boat, and that policy successfully operates to cover part or all of any loss or damage mentioned in the preceding subclauses, you have the benefit of that policy on condition that you pay an acceptable excess ($10,000) and you understand that we cannot guarantee that the insurer will not pursue you to recover any insured loss paid by the insurer.

v) Unless stated otherwise in this clause, you must fully indemnify us against any claim for loss, damage or expense arising from any injury, loss of life, damage to persons or property, or fines or penalties arising from or caused by your use of the boat. This indemnity reduced to the extent of loss, damage or expense due to your negligence.

vi) To extent that the Competition and Consumer Act 2010 (Cth) applies and cannot be excluded, we make the following statement about your rights which will supersede Other term of the Hire Agreement:

Our goods come with a guarantee that cannot be excluded under the Australian Consumer Law. You are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be over acceptable quality and failure does not amount to a major failure.

Other term of the Hire Agreement:

Our goods come with a guarantee that cannot be excluded under the Australian Consumer Law. You are entitled to replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be over acceptable quality and failure does not amount to a major failure.