Please find our standard terms and conditions of hire below;
HIRE TERMS AND CONDITIONS (subject to copyright)
Allied Forklifts Pty Ltd (ACN 060 256 377) trading as Smartwave Boat Hire (Owner) agrees to hire the Vessel to the Hirer on the terms and conditions set out below.
1. Ownership of the Vessel
(1) The Owner retains full title to the Vessel irrespective of:
(a) the delivery of the Vessel to the Hirer;
(b) the possession and use of the Vessel by the Hirer; and
(c) any temporary attachment of the Vessel to any land, moorings or structures to facilitate use of the Vessel.
(2) The Hirer does not have any right, option or obligation to purchase the Vessel and acknowledges that no representation to that effect, express or implied, written or oral, has been made by or on behalf of the Owner to the Hirer or any nominee of the Hirer at any time.
2. Rent and Bond
(1) Prior to taking possession of the Vessel, the Hirer must pay:
(a) the applicable rent for the Vessel as advised by the Owner (Rent); and
(b) a bond of $500 (Bond).
(2) The Hirer is solely responsible for any and all applications, fees or charges associated with any licence or permit required for the Hirer’s use of the Vessel.
(3) The Bond is fully refundable to the Hirer upon expiry of the hire term, subject to subclause (4).
(4) If, upon expiry of the hire term:
(a) rent or other money owed by the Hirer to the Owner under these Terms and Conditions remains outstanding, the Owner may deduct the balance of the outstanding Rent or money owed from the Bond and refund the balance (if any) to the Hirer;
(b) the Vessel has not been returned to the Hirer in accordance with clause 13(1), the Owner will not refund the Bond until the Vessel has been returned to the Owner;
(c) the Owner has repossessed the Vessel in accordance with clause 13(2), the Owner may deduct from the Bond its costs of repossessing the Vessel and refund the balance of the Bond (if any) to the Hirer;
(d) clause 7(3) applies, the Owner may not refund the Bond; and
(e) clause 14(3)(b) applies, the Owner may not refund the Bond.
3. Exclusion of liability
(1) The Hirer agrees that in no event will the Owner be liable for any loss or damage which the Hirer suffers arising from, or caused or contributed to by, the Owner’s negligence or the negligence of the Owner’s servants or agents.
(2) The Hirer agrees that in no event will the Owner be liable for any loss, damage or injury caused to any third party or any passenger on the Vessel by reason of the Hirer’s use or operation of the Vessel.
(3) The Hirer is solely liable for the payment of any fines or penalties issued by any authority in relation to the operation, storage or transfer of the Vessel during the hire term.
4. Damage to Vessel
(1) The Hirer will be fully responsible to the Owner for any loss of or damage to the Vessel, equipment or other Owner property hired to the Hirer (however caused) during the hire term.
(2) Subclause (1) applies whether or not the damage was caused by the Hirer or was the Hirer’s fault, and includes damage caused by third parties, passengers and weather conditions.
(3) The Hirer hereby authorises the Owner to charge the Hirer’s credit card used to pay the Rent to recover any costs incurred by the Owner for the purpose of repairing any damage to, or replacing, the Vessel and any equipment or parts of the Vessel or Owner property hired to the Hirer, for which the Hirer is responsible under subclause (1).
5. Compliance with Safety Rules
(1) The Hirer must comply in all respects with all applicable laws, regulations, requirements and rules reasonably necessary for the safe and lawful operation of the Vessel, including but not limited to the Western Australian Marine Act 1982 (WA).
(2) The Hirer must ensure that all persons on board the Vessel comply with these Terms and Conditions and all applicable safety standards. The Hirer must to advise all persons prior to boarding the Vessel of the risks and hazards of using and boarding the Vessel.
6. Control of Vessel
(1) The Hirer must ensure that the Vessel is at all times controlled by the holder of a current, valid boat license (Skipper) unless the Vessel does not require a licence to be operated under Western Australian law.
(2) The Hirer undertakes that it will not allow any other person to control the vessel unless listed on the booking form.
(3) The Hirer is responsible for the safety of all passengers on the Vessel and their actions.
7. Use of Vessel
(1) The Hirer will only operate, or cause the Vessel to be operated, during daylight hours from sunrise to sunset unless subclause (2) applies;
(2) The Hirer may operate the Vessel at night if the following conditions are met:
(a) prior to using the Vessel at night, the Hirer has provided to the Owner a written declaration that:
(i) the Hirer has previously hired and driven a Smartwave Boat Hire vessel on the waterway for which the night use is intended;
(ii) the Hirer has completed a minimum of 3 hours of operation on a similar vessel at night, and can produce evidence to that effect;
(iii) the Hirer has held a recognized boat licence for a minimum of 3 years;
(b) The Hirer logs on and off with marine rescue;
(c) The Hirer uses navigation lights, including all round white light when at anchor;
(d) The Hirer complies with all Personal Floatation Device (PFD) Rules and all persons on board the Vessel wear a PFD1.
(3) The Bond will not be refunded if the Hirer breaches subclause (1) or does not produce evidence that the conditions at subclause 2(a) are met upon reasonable request by the Owner.
(4) The Hirer must not cause the Vessel to travel:
(a) further than 5 nautical miles out to sea from the Western Australian coastline; or
(b) further than 100 kilometres from the address from which the Hirer collected the Vessel from the Owner
unless with the prior written consent of the Owner.
(5) The Hirer must not operate the Vessel in rough or risky weather conditions or where such conditions are imminent. Rough conditions for which operation of the Vessel is not permitted includes where the swell is 2 metres or above or the wind equals or exceeds 20 knots (Rough Conditions).
(6) The Hirer is responsible for any and all weather forecast monitoring which may affect the use of the Vessel.
(7) The Vessel must not be used for commercial hire unless with the prior written consent of the Owner.
(8) The Hirer must ensure that the controller of the Vessel logs on and off with appropriate RVCP/AVCG marine radio bases.
8. Drugs & Alcohol
(1) The Hirer must ensure that the Vessel is not at any time controlled, navigated or operated by a person who is under the influence of alcohol or drugs. The Skipper or other person listed must maintain a blood alcohol reading of 0% during the hire term.
(2) Alcohol may be consumed in moderation by passengers on the Vessel (other than the Skipper or persons controlling or navigating the Vessel under subclause (1)) provided that no person becomes intoxicated or otherwise poses a risk to the safety of the Vessel or other passengers.
(3) No person is permitted to smoke whilst on board or near the Vessel.
9. Transfer of Reservation
(1) If Rough Conditions are present before the hire proceeds or are predicted to continue for majority of the hire term, the Owner may transfer the Hirer’s reservation to another day within 3 months of the original reservation.
(2) A transfer under subclause (1) will incur a transfer fee of $50.
(3) A transfer under subclause (1) will not be permitted by reason of rain only.
10. Indemnities
(1) The Hirer agrees to use, operate and possess the Vessel at the Hirer’s risk.
(2) To the full extent permitted by law the Hirer releases and discharges the Owner and its agents and employees from:
(a) all claims and demands on the Owner; and
(b) any loss or damage whatsoever and whenever caused to the Hirer or its agents or employees 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 a breakdown of, or defect in, the Vessel or any accident to or involving the Vessel or which may otherwise be suffered or sustained in, upon or near the Vessel.
(3) The Hirer assumes liability for, and indemnifies and will keep the Owner indemnified against any and all injuries, actions, proceedings, claims, demands, liabilities, losses, damages, costs, penalties and all expenses legal or otherwise:
(a) arising out of the delivery, pick up, ownership, possession, use, repair, storage, or operation of the Vessel, and by whomsoever used or operated the Vessel during the hire term; or
(b) incurred by the Owner in respect of any loss of the Vessel by seizure, distress, confiscation or forfeiture of the Vessel.
11. Breach and termination
If the Hirer breaches its obligations under these Terms and Conditions, the Owner may retake possession of the Vessel. Any damages reasonably occasioned by the Owner taking possession are expressly waived by the Hirer.
12. Cancellation
(1) If the Hirer cancels a single day reservation of the Vessel:
(a) 48 hours prior to the commencement of the hire term, the Owner may charge the Hirer the full amount of Rent;
(b) 2-7 days prior to the commencement of the hire term, the Owner may charge the Hirer 75% of the Rent;
(c) 8- 15 days prior to the commencement of the hire term, the Owner may charge the Hirer 50% of the Rent;
(2) If the Hirer cancels a multi-day reservation of the Vessel in whole or part:
(a) 48 hours prior to the commencement of the hire term, the Owner may charge the Hirer the full amount of Rent for each cancelled day;
(b) 2-14 days prior to the commencement of the hire term, the Owner may charge 50% of the Rent for each day cancelled; or
(c) If the Hirer gives 14 days’ notice of the cancellation, a fee of $50 for each cancelled day.
(3) The Hirer has read and acknowledges that the Owner’s cancellation policy applies to the hire of the Vessel.
13. Return of Vessel
(1) The Hirer must immediately deliver the Vessel at the end of the hire term, with a full tank of fuel
(2) If the Vessel is not returned to the Owner as and when required by subclause (1) and the Owner is unable to make contact with the Vessel, the Vessel will be deemed to be lost or stolen and the Owner may retake possession of the Vessel, including by reporting the Vessel lost or stolen to police or any appropriate authority.
14. Recall
(1) The Owner may recall the Vessel during the hire term if:
(a) the Hirer breaches these Terms and Conditions;
(b) the Owner receives notice of any Rough Conditions or impending Rough Conditions during the hire term;
(c) the Owner, at its sole discretion, deems that the Vessel is being used or operated in a manner that is high risk or dangerous;
(d) The Owner receives a complaint or complaints by other waterway users or members of the public about the use or operation of the Vehicle by the Hirer, including non-compliance with safety standards or antisocial behavior by the passengers on the Vessel;
(2) Should the Vessel be recalled by the Owner under subclause (1), the Hirer must immediately return the Vessel to the point of departure.
(3) Should the Vessel be recalled by the Owner under subclause (1), the Owner may at its sole discretion:
(a) refuse to refund all or part of the Rent; and
(b) refuse to refund all or part of the Bond.
15. Declaration and Acknowledgment
The Hirer declares and acknowledges that the Hirer has read and understood these terms and conditions and agrees to hire the Vessel subject to the same.