Terms and Conditions

Offshore Boats Terms and Conditions of Hire 2017

 

Our Commitment

Offshore Boats Pty Ltd is committed to meeting boating requirements of both private and commercial vessel operators, by providing quality vessels, a high level of customer service and good value for money. In particular, we provide safe, suitable vessels for the Northern Territory conditions and service and maintain our vessels in accordance with manufacturer’s recommendations.

We value all feedback, both constructive and positive. If you feel you have not received the above, please contact us by phone on 0407 212 255 or email info@offshoreboats.com.au

 

Consumer Rights Statement

All Your rights set out in this agreement are in addition to your rights as a consumer applicable consumer products legislation, including the Australian Consumer Law. Your consumer Rights are not excluded, restricted or modified by this Rental Agreement. To find out more about Your Consumer Rights please contact Northern Territory Consumer Affairs.

 

Boat Operators

You agree and acknowledge that:

  1. There must be two Boat Operators listed for every hire agreement.
  2. The Boat Operator and Additional Boat Operator are responsible for the vessel during the entire duration of hire outlined in the Boat Hire Agreement.
  3. Only the Boat Operator, and the Additional Boat Operator will operate the Vessel.
  4. The Boat Operator must have at least 50 hours of outboard motor boating experience.
  5. You will pay for all fuel used during the hire period. Offshore Boats will refuel the vessel and this will be deducted from your security deposit.
  6. You will not carry more than 6 passengers (including yourself) on board the vessel ‘Offsure’ at any time as per the vessel survey.
  7. You will pay for any damage to the vessel incurred during the hire period including but not limited to, scratches on paintwork, dents, engine or propeller damage, electrical damage and this will be deducted from your security deposit.
  8. You will not operate the vessel under the influence of drugs or alcohol.
  9. You will abide by all NT fishing regulations.
  10. You agree that the safety of the vessel and all persons are your responsibility and you will not hold Offshore Boats accountable for any damage, loss or personal injuries caused.
  11. You are aware that crocodiles, jellyfish and sharks inhabit all salt water environments and you will not go swimming.
  12. You understand there is no smoking on the vessel at all times.
  13. You will not leave the vessel unattended at any time.
  14. You will pay for all infringements and fines in respect of the Vessel during the period of hire.
  15. You are responsible and must pay for any accidents or damage to the vessel or any other vessels that occur during the hire period.
  16. You acknowledge that if you are liable for any damages, fees, infringement, fines o r other payments whatsoever which are in excess of the security deposit, Offshore Boats Pty Ltd can recover the same from you as a debt and you will pay the costs and expense incurred by Offshore Boats Pty Ltd in recovering such debt.
Vessel Operation

You agree and acknowledge that:

  1. You must only operate the Vessel in gazetted sheltered waters of the Northern Territory. These are outlined on the map provided. The vessel must not travel further than 1 nautical mile seaward of the coast outside of these areas.
  2. You will not operate the vessel in shallow waters less than 2 metres deep, the vessels chart should be referred to when ascertaining any other areas of exclusion such as no boating zones.
  3. You will not operate the vessel when damaged or unsafe to do so.
  4. You will not use the Vessel after an accident or hitting an object until you have obtained approval from Offshore Boats or its Authorised representatives to do so;
  5. You will not use the vessel to carry any dangerous or flammable goods such as fireworks or explosives, apart from unleaded fuel.
  6. You will not use the vessel in contravention of any law.
  7. You will not operate the Vessel in adverse conditions where the wave height exceeds 1.5 metres or the wind speed exceeds 30 kilometres per hour.
  8. You will not anchor or fish in main shipping channels or other restricted areas.
  9. You will not allow the vessel to exceed 5500rpm or 50 km/h. If the vessel is found to exceed this limit, You will forfeit your security deposit.
  10. You will not tow boats, persons, water skis or wakeboards.
  11. Any commercial use of the vessel must be disclosed to and approved by Offshore Boats.
Security Deposit

A Security Deposit of $1500 will be held on your credit card or may be transferred via EFT. The Security Deposit will be used to cover any of the fees outlined below.

  1. The fuel used during the hire period will be deducted from your security deposit. Vessel will be refuelled with Premium 95 Octane Unleaded at market value.
  2. Any scratches, dents or damage to paintwork will incur a minimum repair fee of $50 per scratch, deducted from your security deposit. Major scratches and dents will be quoted for repair and these costs will be deducted from your security deposit.
  3. Any missing equipment will be replaced at market value with the cost being deducted from your security deposit.
  4. If the vessel is returned Excessively Dirty, an additional $200 will be deducted from your security deposit.
  5. If there is significant damage to the vessel requiring an insurance claim, your security deposit will be used to pay the $500 excess.
  6. If you return to the boat ramp after the time nominated, without contacting Offshore Boats with atleast one hours notice, the following costs will be deducted from your security deposit;
    1. Up to 1 hour late – $55
    2. Between 1 hour and 2 hours late – $110
    3. Between 2 hours and 3 hours late – $165

*Please note, that if you have not returned within 1 hour of the agreed time and have not notified Offshore Boats, emergency procedures will commence and a search and rescue team will be deployed. Any costs incurred as a result of this will be at Your expense.

The remainder of the Security Deposit will be returned after the boat and all equipment has been returned on time, after deducting the amount used to refuel the vessel and providing there is no damage or missing equipment.

Cancellation Policy
  1. All bookings require payment in full to confirm booking. Cancellations within 30 days of departure will forfeit a minimum 25% of the total hire cost.
  2. Cancellations within 2 to 14 days of departure will forfeit 50% of the total hire cost.
  3. No refund will apply to cancellations within 48 hours of departure.
  4. Offshore Boats will refund the full amount of the hire if we must cancel due to bad weather or other unforeseen circumstances.
Definitions

For the purpose of this agreement, and unless stated otherwise,

  1. “The Company” shall mean Offshore Boats Pty Ltd, any related corporations of it providing goods or services to the Hirer and any person acting with due authority of the Company.
  2. “You” shall mean the Boat Operator and Additional Boat Operator named on this agreement and any person signing or initialling this agreement (other than on behalf of the Company).
  3. “Excessively Dirty” – Offshore Boats understands that the rear deck will get rather messy. However, there should be no bait, rubbish, fish or fish guts inside the cabin. If this occurs, the vessel is deemed to be Excessively Dirty.
  4. A reference to a Boat includes: –
    1. the Vessel;
    2. a reference to multiple Vessels and other similar or related equipment;
    3. a reference to a proposed Vessel which has been booked or provided (even in the absence of a signed agreement);
  1. No rule of construction applies to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it.
  2. Time is of the essence except where specific provision is made or the contrary intention appears.
  3. A reference to a person includes the person’s heirs, executors, administrators, successors, substitutes and assigns and this document is intended to be binding upon such persons.
  4. The singular includes the plural and vice versa and words importing a gender includes other genders.
  5. Other grammatical forms of defined words and expressions have corresponding meanings.
  6. An agreement, covenant, representation, warranty or indemnity made by two or more persons is made by them jointly and severally.
  7. Headings are for ease of reference only and do not affect the construction of this agreement.
  8. Where the context admits, the provisions of this document extend beyond any termination.
Execution of Agreement

As the Hirer I acknowledge that I have read, understand and will abide by all of the Terms and Conditions outlined above and declare that I have over 50 hours of outboard boating experience.

 

Signed for and on behalf of Offshore Boats by:

Signature: ……………………………………………………………

Name: …………………………………………………………………

Date: ………………………………………..

 

Signed by the Boat Operator & Additional Boat Operator

Signature: ……………………………………………………………

Name: …………………………………………………………………

Driver’s License No. …………………………………………………..

Date: ………………………………………..

 

Signature: ……………………………………………………………

Name: …………………………………………………………………

Driver’s License No. …………………………………………………..

Date: ………………………………………..