I (hereinafter called “the Hirer or Captain”) HEREBY AGREE with Mornington (Schnapper Point Boat Hire or Yaringa Boat Hire) BOAT HIRE ABN:88 133 978 243, ACN 125 847 378, 150 Salmon St, Hastings. (Telephone 03 59 755479) (hereinafter called “the Owner”) TO HIRE the BOAT Described on the Passenger Trip & Dispatch Sheet with a minimum charge of the hours booked upon the terms and conditions set out hereunder and acknowledge that the Hirer has received the boat and equipment in thorough working order and condition and is familiar with the Owner’s Terms and Conditions of Hire. The Hirer understands that 1. THE HIRER (a) Shall forthwith pay a deposit as a security on the aforementioned boat which credit card or cash sum shall be refunded to the Hirer upon return of the boat in thorough working order and condition less any deduction for unpaid hire and, or the cost of cleaning, repairing or making good any damage to the boat. The hirer accepts that if a credit card is used as a deposit that the Owner will if required charge the credit card for any monies owed by the Hirer to the Owner. If a Credit card is declined or the cash deposit is not sufficient to cover money owed further proceedings will be initiated by the Owner (b) Shall return the boat in thorough order and clean condition (fair wear and tear excepted) to the Owner at the Owner’s address upon the expiration of the period of hire and at any time upon demand by the Owner. (c) Shall accept full responsibility for all damages to the boat and the equipment contained therein howsoever caused until it is returned to the Owner. (d) Shall pay the Owner for all loss and/or damage sustained or deterioration to the boat and the equipment contained therein (fair wear and tear excepted) whilst it is on hire to the Hirer or not returned to the Owner. (e) Shall accept full responsibility and shall bear all the Owner’s costs & expenses for recovery of the boat & incurred fines & fees from any Authority whilst on hire. (f) In the event of the boat being overdue for a period of 1 hours or the Hirer failing to return the boat before dark the Owner shall have the right to claim all costs and expenses from the Hirer incurred by the Owner in search and recovery of the boat. (g) Shall ensure that a mobile phone is on, has adequate battery, adequate credit and within mobile service for the duration of the hire. Calls from the Owner must be answered. (h) Hirers will abide by all Maritime Authority, marine and environmental legislation, including being responsible for any fishing licenses if required. (i) The hirer WILL accept the consequences if he/she or any listed co-driver breach these conditions and will not be covered by insurance if found to be in breach of the conditions. (j) The Hirer acknowledges and accepts that the use and operation of this vessel, including for the purposes of water skiing, swimming, towing a tube, and other such like activities, is subject to inherent risks and dangers. The Hirer accepts those risks and agrees to indemnify the Owner of the Vessel for any losses suffered by the Hirer, any passengers or any third parties as a result of the materialization of those risks and dangers. The Hirer also undertakes to advise all passengers of the risks and dangers associated with the use and operation of the vessel prior to boarding. The hirer acknowledges & understands all safety material and briefings that have been presented. 2. THE OWNER’S assessment regarding the condition of the boat and equipment contained therein and, or of hire due and, or of any loss or damage in relation to the boat and, or equipment shall be final and binding upon the Hirer. The Hirer has the right of review from the Owner, where a full independent quote and, or assessment is undertaken. This report will also be submitted to the insurer, Transport Safety Victoria and other legally interested parties. However if the amount is found to be greater than that assessed by the Owner then the Hirer will be required to pay the difference as well as any additional assessment fees. 3. The OWNER can’t guarantee against Sea/ Motion Sickness and no refunds will be given due to early termination of hire due to the illness. 4. THE BOATS are licensed to operate within a radius of 2N miles or as approved and are forbidden from operating in the following areas - (a) Outside the specified radius of Mornington Pier or Yaringa Beacon, and (b) Swimming areas (200m from the coast), and (c) In water LESS THAN one (1) metre deep(39in.) except when going out from the beach or coming in, between the markers, and (d) In close proximity to or under Piers.(100m) In the event of any of the above conditions being breached by the Hirer, the Owner shall have the right to reclaim any costs, expenses or damages incurred as a result there from Hirer and the Owner Shall be entitled to deduct any deposit monies paid in lieu of any anticipated claims being made against it in the event of the Hirer failing to abide by the terms and conditions set out above, Rescue rates due to hirers actions, including grounding and stuck anchors are charged at a $80hr + 5. Time shall be the essence of this Agreement. 6. No Refunds when boat is returned prior to agreed term, 7. The Owner DOESN’T ACCEPT ANY RESPONSIBILITY nor will responsibility be accepted for any workmen, employee, Agent, proprietor, contractor, or sub-contractor associated with the Owner for any reason for any injuries sustained to person or persons or damage to property belonging to the Hirer or anyone else howsoever arising our of the use of the boat under hire.
I the HIRER accept the above terms & conditions…......................................….DATE For Owner Mornington Boat Hire