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Standard Conditions of Hire

Standard Conditions of Hire Agreement

Between Boat Owner & Renter 

 


This Revision of the Standard Conditions of Hire applies to all hires booked after the Revision date.


 

1.     INTRODUCTION

1.1 – By accepting a booking request, the Owner acknowledges that they have read, understand & agree to be bound by these standard conditions of hire, as well as the Book My Boat Standard Terms and Conditions, and other Book My Boat Policies.

1.2 – By confirming a booking, the Renter acknowledges that they have read, understand & agree to be bound by these standard conditions of hire, as well as the Book My Boat Standard Terms and Conditions, and other Book My Boat Policies.

 

2.     BOAT DELIVERY AND RETURN

2.1  – In return for the Renter paying the agreed price (the Rental Fee) the Owner shall allow the Renter to Rent the vessel nominated (the Boat) for the time period set out in the booking (Rental Period).

2.2 – The Owner agrees to deliver the Boat clean, and in full working order to the Renter at the place of Delivery specified in the Order Confirmation, at the time and date specified for the Rental Period.

2.3 – Standard collection and return times are as specified by the Owner in the listing for the Boat. Alternative collection and return times may be mutually agreed upon between the suppliers and customers at their discretion during the booking process.

2.4 – The Renter agrees to return the Boat to the place of delivery specified in the Order Confirmation at the time and date specified therein for the end of the Rental Period. At return, the Renter shall ensure that the Boat is in as good a condition as it was at Delivery, normal wear and tear excepted and that all inventory, machinery and other detachable items are also returned.

2.5 – If the Renter fails to Return the Boat by the end of the Rental Period, such failure may constitute an unauthorized taking of the Boat and the Renter will be fully liable for all legal fees, costs, and expenses including consequential loss of potential rental or rental income to the Owner, up to the replacement cost of the Boat and its equipment. Renters are therefore advised to contact Owners well in advance if they expect to be returning late.

2.6 – If the Renter returns the Boat after the nominated end of the Rental Period the Owner may charge a Late Return Fee in addition to the agreed Rental Fee. The Late Return Fee will be calculated in accordance with the Fees Policy set out at bookmyboat.com.au.

 

3.     OPERATIONS

3.1 – The Boat is to be used for recreational purposes only during the Rental Period and may NOT be used for commercial purposes or sub-hired.

3.2 – The Owner will undertake an On Hire / Off Hire briefing with the Renter in accordance with BookMyBoat’s policy. This briefing will include operating instructions, the location and activation of safety equipment and the navigational limits of the Boat.

3.3 – Renters will make themselves familiar with both the location & content of the safety management plan when the Boat is handed over.

3.4 -Renters will abide by all Maritime Authority, marine and environmental legislation, including being responsible for any fishing licenses if required. All other State marine licensing rules apply for the state/s in which the Boat will be operated.

3.5 – The Renter is responsible for all passengers, their compliance with laws and safety management systems

3.6 – The Renter must not allow any other person to control the Boat unless agreed to by the Owner at time of booking confirmation. All Skippers must be listed in the Vessel Logbook prior to completion of On Hire briefing. All Skippers must be at least the minimum age specified by the Owner and hold a current, valid boat license (if required to operate the Boat).

3.7 – Operating the Boat is only permitted in daylight hours between the published Sunrise and Sunset at the concerned location. If the Boat is used at night, then the Rental may not be covered by the insurance policy and the Renter will be personally liable for all costs arising from any damage or accident.

3.8 -Boats are restricted to operating within the operating area and weather conditions prescribed in their Certificate of Operations/Survey. Types of waters are:

3.8.1 –  Smooth waters

3.8.2 – Partially smooth waters and;

3.8.3 – Restricted offshore waters.

3.9 – The Renter must not operate the Boat in adverse or unsafe Weather conditions, or where such conditions are imminent. WEATHER FORECAST MONITORING IS THE RESPONSIBILITY OF THE RENTER TO ENSURE THE SAFETY OF ALL PERSONS ON BOARD THE BOAT.

3.10 – Renters travelling offshore must log on /off with appropriate Marine Rescue, VTS, Coastguard volunteer marine radio base.

 

4.     DRUGS AND ALCOHOL

4.1 – The Renter agrees to operate the Boat within the State or Territory laws relating to drug and alcohol consumption. For clarification, as at February 2019, in NSW and QLD the Blood Alcohol Concentration (BAC) limit is 0.05 for recreational boaters over age 18.

4.2 – It is illegal to be in control of a boat whilst impaired by Drugs.

5.     FUEL AND REFUELING

5.1 – Where applicable, Owners must make the Boats available at the Delivery Point with full fuel tank/s.

5.2 – The Renter is liable for all refuelling expenses during/after the term of a Rental unless fuel is specifically included in the listing. There are three potential outcomes for dealing with cost of fuel for the Rental Period:

5.2.1 – The Renter returns the Boat with an equal amount of fuel to when they accepted the Boat at the beginning of the Rental.

5.2.2 – The Owner and Renter agree to the quantity used and the market price. The Renter makes a direct payment to the Owner upon completion of the hire. Renter must retain proof of payment. In the case of cash payments, the Owner must send an SMS to the Renter acknowledging full payment and the payment amount.

5.2.3 – The Owner and Renter agree to the approximate quantity used and note it on the Off-Hire Form. The Owner refuels the boat after the completion of the hire. The Owner then notifies Book My Boat to deduct the fuel costs from the outstanding Fuel and Security deposit. Book My Boat will deduct a $20 administration fee from the Fuel and Security Deposit if this option is selected.

 

6.     INSURANCE, LIABILITY AND INDEMNIFICATION

The following boats are covered under BookMyBoat’s bespoke BoatCover insurance policy: dinghys, runabouts, cuddy cabin, cruisers, ski-boats, sail boats and pontoon boats, that are all less than 12 metres in length.

 

The following boats are not covered: canoes, hydroplanes, kayaks, kit boats, houseboats, pontoons, porta botes, rowing sculls, jet skis, sailing trimarans, sailing skiffs, sailboards, surf skis, dragon boats, hovercrafts, racing yachts or any boats or vessels that are 12 metres or more in length.

What is the boat covered for?

ShareCover BoatCover insurance covers loss or damage to an owner’s boat caused by an insured event occurring in Australia whilst the boat is rented through BookMyBoat that is directly or indirectly caused by an act or omission of the boat renter subject to the cover limit; and

All amounts up to $10,000,000 the owner of the boat is legally liable to pay as compensation (including the legal costs and expenses of any claimant) in respect of death, personal injury or property damage happening whilst the boat is rented through BookMyBoat.

The following summary gives you an overview of what each booking is covered for under the ShareCover BoatCover insurance policy.

The policy is only valid during the period the renter has rented the boat through BookMyBoat.

The maximum amount ShareCover will pay for loss or damage to a boat that is covered is the market value of the boat up to a maximum of $250,000 per claim. The market value is what it would cost to replace the boat using factors such as local market prices and the age and condition of the boat.

This policy does not replace the need for regular boat insurance. This policy will only cover the boat during a period of rental through BookMyBoat and only covers loss or damage to the boat by specific insured events directly or indirectly caused by an act or omission of a renter. It is expected and recommended that the owner will hold comprehensive insurance for the boat.

The BoatCover policy will provide cover within Australian territorial waters if the boat:

Complies with Marine Safety Exemption 2 or has a full AMSA Survey, National Standard for Commercial Vessels Part G and any other relevant rules and regulations;

Has a unique vessel identifier or certificate of operation;

Operating within sheltered waters as classified as Areas D and E by the Australian Maritime Safety Authority; or

within 50 nautical miles of the Australian coast.

 

The boat must comply with the following to be covered under the ShareCover BoatCover insurance policy:

  1. Be less than 12 metres in length;
  2. Have a hull made of composite, fibreglass, steel, aluminium or timber;
  3. Have three or less motors attached that are capable of speeds of 60 knots or less;
  4. Be 50 years or less since manufacture or construction;
  5. Be 25 years or less since manufacture or construction if made of wood.
  6. Only operate during daylight hours or during locally published times of sunset and sunrise;
  7. Not be used for commercial charters;
  8. Not be rented with captains or as piloted boats;
  9. Not be owned by a commercial rental company or be owned by a person or entity that owns more than three boats or other vessels that are hired, rented or leased for use;

7.     PENALTIES, DAMAGES AND OTHER RESPONSIBILTIES

7.1 – Penalties: The Renter must pay any penalty notices incurred during the Rental Period issued by any Authority.

7.2 – Damages: The Renter agrees to pay for all loss, damages, excessive cleaning, or associated costs arising from the Rental and agrees to pay the Owner for any loss, damage, theft, disappearance, collision or other occurrence to the Boat during the Rental Period.

7.3 – Where relevant, the Renter is responsible for checking and ensuring that the tow vehicle meets the legal towing requirements of the Boat.

8. BOAT COVER INSURANCE POLICY

The BoatCover insurance policy does not replace the need for regular boat insurance? This policy will only cover the boat during a period of rental through BookMyBoat and only covers loss or damage to the boat by specific insured events directly or indirectly caused by an act or omission of a renter. It is expected and recommended that the owner will hold comprehensive insurance for the boat.

8.1 – The Renter agrees to immediately report any accident, loss or damage to the Owner and Book My Boat and further agrees to cooperate and provide written or oral statements to the Boat Owner or their designated representative and follow all instructions issued by the Boat Owner, its representative, or Book My Boat in the event of accident, loss, or damage arising during the Rental Period. The Renter must not incur any expenses with regard to breakdown without express permission from the Owner, except that the Renter should take any reasonable action necessary to prevent further impending emergency, injury or damage.

 

9.    DELAY CANCELLATIONS INCLUDING BAD WEATHER CANCELLATIONS.

9.1 – The parties agree that Book My Boat’s cancellation policy will apply to Rentals and they will abide by its terms. This policy is available on the Bookmyboat.com.au website.

 

10.    PROOF OF IDENTITY AND AGE

10.1 – Age restrictions may apply to the Rental if specified by the Owner in their Boat listing.

10.2 – The Owner may reques the Renter’s original valid photo identification showing date of birth e.g. Passport, driver licence etc. Where such identification and proof of license (where required) cannot be provided, or where the Renters age is less than that specified in the Boat listing, then the Owner may cancel the Rental without refund to the Renter.

Last Updated: 30th April 2019