The person signing this form and designated as the Hirer/Operator will be held responsible for all other persons on board and it will be his/her responsibility to ensure they comply with these Terms and Conditions of Agreement for Hire.
Insurance Excess
An insurance Excess applies to all hires.
Provided the conditions of the agreement are fulfilled and subject to the insurance company’s assessment, the limit of the hirerās liability is the insurance excess. If more than one accident occurs during any hire period, each Individual accident will be treated as a separate claim and the excess will be applied to each individual claim.
Special Conditions to the Hire
In the event that the Hirer runs the vessel aground, moors it in an unauthorised or unsuitable location, or otherwise causes the houseboat to become beached, the Hirer shall be fully liable for all retrieval, recovery, and associated costs. Such costs are not covered by insurance and are the sole responsibility of the Hirer.
Cancellation Policy
In the event of cancellation of the booking. No money will be refunded until the houseboat is re-booked for the relevant hire period. A reĀ booking fee may be charged and deducted from the refund. Where booking cancellation occurs and the houseboat cannot be re-booked for that hire period the owner reserves the right, at its discretion, to retain all or part of the monies paid.
Security and Fuel Bond
A fuel bond will be calculated and is payable upon arrival and will be refunded within 7 days of completion of hire provided the boat is returned on time in good order and clean condition and is subject to deductions for amounts payable by the hirer pursuant to this agreement including the cost of $120.00 per hour for additional cleaning (if required) the Fuel cost will be calculated per litre for ULP and per hour for Diesel and the cost of repairing or replacement of items or equipment damaged or lost during the period of hire and any other amounts for which the hirer has agreed to pay or is liable under the terms of this agreement.
Late Arrival/Return Fee
A late arrival/return fee of $100.00 per hour or part thereof applies if the houseboat is not collected or returned on time.
Ā
Ā TERMS AND CONDITIONS OF AGREEMENT FOR HIRE
The Owner or its Agent will hire the houseboat described on the front page to the Hirer for the period stated, on the following conditions:
The Owner will provide instructions to the Hirer/Operator in respect of:
- The operation of the houseboat and its accessories, including emergency equipment; and
- The River Murray and Inland Waters Navigation Regulations, and other regulations and rules.
- The Hirer will comply with all directions by the Owner concerning operation of the houseboat and its accessories and will comply with the River Murray and Inland Waters Navigation Regulations and all other relevant navigation rules, regulations or by-laws.
- The Hirer personally accepts full responsibility for the care and safety of the accessories and also accepts full responsibility for the actions of all persons on board during the period of hire.
- Any houseboat Items or equipment noted by the Hirer to be damaged prior to the beginning of the hire period should be brought to the attention of the Renmark Houseboats at the time of the pre-hire inspection.
- The Hirer is liable for the cost of the repair of any damage sustained to the houseboat and its fittings, equipment and accessories during the period of hire. Any damage must be reported to Renmark Houseboats as soon as possible. Damaged items will, at Renmark Houseboats option and at the Hirer’s cost, be either repaired or replaced.
- The Hirer is liable for the replacement of any items missing from the houseboat inventory at the end of the hire period. Renmark Houseboats may require the Hirer to inspect and sign a written “Houseboat Inventory”.
- The Hirer will pay the cost of fuels used from the beginning of the hire period until the houseboat is returned to Renmark Houseboats.
- The Hirer will not:
- permit more persons to be on board the houseboat than the maximum stated overleaf.
- permit any person to operate the houseboat who is:
- under the age of 18 years or does not possess and produce for notation by the Owner, a current full vehicle drivers’ licence or boat operators licence;
- under the influence of alcohol or any drug or drugs; or
- has not been given instructions in respect of relevant navigation rules and regulations;
- drive, navigate or move the houseboat after sunset or before sunrise (or permit anyone else to do so);
- take or be permitted the houseboat to be taken down the river from the Wellington Ferry;
- take or be permitted the houseboat to be taken out of the main course of the river;
- tow or permit an occupied craft to be towed by the houseboat;
- adjust or interfere with or permit any other person to adjust or interfere with the operation of the motor(s), gas regulators or any houseboat fittings or equipment;
- do or cause or permit to be done anything on or to the houseboat or any of its fittings, equipment or accessories which may result in loss, damage or injury to any person or property;
- permit any person for any reason whatsoever to be on the roof section of the upper deck;
- permit to be brought on the houseboat any of the following, namely;
- axes or saws of any type a trail or motor bike, firearms or offensive weapons of any type,
- any electrical or gas appliances, any pets or other animals, unless with the permission of the Owner, which will be endorsed on this Agreement.
- any dangerous, noxious, corrosive, toxic or poisonous substances including in particular petrol or diesel fuel or other inflammable liquids.
- use or permit to be used the emergency equipment except in case of an emergency and any such use will be reported to Renmark Houseboats and the Owner as soon as possible.
- If the Hirer breaches any of the terms or conditions of this Agreement the Renmark Houseboats may terminate the hire period without prejudice to Renmark Houseboats rights and remedies under this Agreement.
- The Renmark Houseboats will endeavour to keep the houseboat motor(s) and all fittings, equipment and accessories in good working order during the hire period provided that the Hirer will not be entitled to any compensation In respect of any loss or damage sustained as a result of the unforeseen mechanical breakdown or equipment failure or any loss of time resulting from such breakdowns or failures during the hire period or as a result of any restriction to the use of the houseboat during the hire period resulting from breakdown, or river or weather conditions, or other unforeseen circumstances.
- If due to unforeseen circumstances the houseboat is not available at the nominated mooring point at the beginning of the hire point and cannot be returned to the nominated mooring point at the end of the hire period Renmark Houseboats reserves the right to nominate an alternative mooring point.
- LOSS/DAMAGEĀ· The Hirer is liable for any loss, damage or injury to any person or to any property which may result from anything done by the Hirer or by any person on board the houseboat. The amount payable by the Hirer pursuant to this clause is not limited by the amount of Security Bond. To the full extent permitted by law the Hirer releases and discharges (and the Hirer hereby indemnifies) Renmark Houseboats, the owner and its agents and employees from and against:
- all claims, demands and costs on the Owner; andĀ
- any loss or damage whatsoever and whenever caused to the Hire or its invitees whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial loss or otherwise, arising directly or indirectly from or incidental to a breakdown of, or defect in, the goods or any accident to or involving the houseboat or its use, operation, repair or maintenance (whether occasioned by the negligence of Renmark Houseboats or otherwise) or which may otherwise be suffered or sustained in, upon or near the houseboat.