Hire Agreement

 

The Hirer or nominated drivers will not drive the hire boat or any vehicle towing the boat whilst under the influence of drugs or alcohol.

Dunsborough Boat Hire maintains all vessels and trailers in compliance with state and federal regulations. All fines incurred whether they be Traffic/Dept of Transport or local government authority relate to the operation of the vessel by the hirer whilst during the hire period will be paid by the hirer.

The Vessel is only to be used between the hours of Sunrise – Sunset.  The Hire boat is restricted to a max. 2 nautical miles from shore and will therefore at all times comply with this restriction.  If the owner chooses to place further restrictions on the craft due to conditions the hirer agrees to abide by these restrictions.  The Owner or the Hirer may cancel the hire if the weather is sufficiently inclement, if local winds are greater than 20 Knots and sea/swell is greater than 1.8m or if inclement weather is forecast.  The decision to cancel due to weather conditions must be agreed to by the owner before booking deposit and bond are refunded.

The Hirer has checked and signed the Hire Boat Accessories list after satisfying himself/herself that all equipment listed is present and is in clean, safe, working condition.  The Hirer agrees to return all of the accessories listed in the agreement in the same state as hired-clean safe working condition.  The Hirer shall upon demand repay to the owner the costs of any tools accessories missing or damaged, or any damage to the boat or trailer or parts and accessories thereof.  The Hirer to repair immediately any tyre puncture and agrees that the repair shall be the responsibility of the Hirer.

The Hirer has satisfied themselves that the petrol tank and oil injection reservoirs are full at the commencement of hire and agrees to pay for the coast of refilling Fuel and oil at the time of return.  Should the tanks require filling prior the Hirer agrees to use only the type of fuel and oil and mix as specified on the information card attached to the fuel tank.  The Hirer agrees to keep the oil and fuel levels to the correct levels throughout the hire with the correct oil as specified on the information card.  Any damage caused through failure to ensure that the correct fuels and fuel oil as specified on the information card.  Any damage caused through failure to ensure that the correct fuels and fuel oils are used, or mixed in accordance with the information card or not maintained at correct level, will be the financial responsibility of the Hirers as he/she will be liable for all damage.

The Hirer shall not leave the boat and/or trailer unattended for any unreasonable length of time and shall be responsible for any losses suffered due to theft or other misadventure which cannot be recouped by the owner under the provision of his insurance policy.

The Hirer agrees to pay all charges as set out in these conditions on the return date or authorises to have charges taken from his bond should there be insufficient funds available the Hirer will make full payment upon return.

The Hirer accepts the consequences for a breech of these conditions by any co-driver or persons in he/she company.

The Hirer must report any Damage/Theft/or accident to the appropriate authorities and the owner immediately and substantiate those details with a Statutory Declaration within 48 hours of the incident.

The Hirer undertakes that the boat and trailer will be returned to the owner at the place, time and date specified in this contract.  In the event of the hirer failing to return as specified the Hirer shall be liable for $20.00 per hour.  Unless prior contact has been made and the change of arrangement has been agreed to by the Owners.  In the event of accident, the Hirer shall pay for all towing.

If any of these provisions are breeched the Owner may take possession of the boat and trailer and all accessories and terminate the rental without prejudice to moneys owing.

All Rentals to be paid in ADVANCE, unused portion 50% refund.

No Condition of the Agreement shall be deemed waived unless in writing under the seal of the OWNER.

The benefits of this agreement are in addition to and do not exclude any rights or obligations under the Trades Practices Act or similar State Laws.

The Hirer confirms that no claim shall be made against the Owner in respect of damage or liability whatsoever and will keep the Owners indemnified against any claim made by any persons either covered in the hire Boat or whilst the boat is being towed or claims by any other persons however arising.

The Hirer warrants, that the person in charge of the vessel hired, is the holder of a current recreational skippers ticket or equivalent valid for use in Western Australia.

The Hirer warrants that at no time whilst the vessel is at anchor or mooring that the vessel will be left unattended by the person in charge of the vessel.

The Hirer shall report any damage or defect with the vessel or the trailer immediately to the owner.