HIRE & DRIVE PONTOON BOAT – DAY OF HIRE AGREEMENT
TERMS AND CONDITIONS
DELIVERY AND ACCEPTANCE OF VESSELL
1. In consideration of payment of the Hire Fee and Security Bond per this agreement, Salty Days will deliver the Vessel to the Hirer at the Delivery Location, on the Nominated Day of Hire. The hire period begins at the confirmed booking time specified in the Nominated Day of Hire (Schedule 1).
2. Late arrival reduces the available hire time (no extensions or refunds for late arrival). Salty Days reserves the right to cancel the hire without refund if the Hirer is more than one hour late without prior notice.
3. If Salty Days fails to make delivery within 2 hours of the Nominated Day of Hire then the Hirer may cancel the agreement and Hire Fee (including the Deposit) and Security Bond will be refunded in full. Salty Days will then have no further liability to the Hirer beyond that refund.
5. The Hirer warrants that he/she has examined the Vessel before taking delivery and by accepting the Vessel will be deemed to have satisfied himself/herself that the Vessel is staunch and properly outfitted for the permitted use.
6. Upon acceptance of the Vessel by the Hirer, the Hirer is deemed to be satisfied with the condition and quality of the Vessel.
7. Upon acceptance, the Hirer agrees that they will operate and use the Vessel in a reasonable and prudent manner taking into all weather and other conditions and warnings which may affect the use and safety of the Vessel and all persons on board.
PERMITTED USE
8. The Hirer’s use and operation of the Vessel must be pursuant to all guidelines issued by Salty Days in respect of the use and operation of the Vessel, including:
a. The vessel may ONLY be operated within the designated smooth waters operational area as defined by the map displayed on board the Vessel;
b. The approved north boundary limit of Tipplers (South Stradbroke Island);
c. The approved South Boundary limit of Southport Sundale Bridge.
9. The Vessel must NOT, at any time:
10. Taking the boat out of the water, onto a trailer, or operating outside the approved smooth waters area constitutes a serious breach of this agreement and may result in:
11. Should the Hirer not be ready to accept delivery of the Vessel at the Delivery Location, on the Nominated Day of Hire for any reason Salty Days, Salty Days may terminate this agreement in writing. In that event there shall be no partial refund of the Hire Fees for any of the time lost.
12. The Hirer acknowledges and accepts that the use and hire of the Vessel must be in accordance with the AMSA Class 4E operations for hire-and-drive vessels operating in designated smooth waters within Queensland, Australia.
13. The Hirer acknowledges and accepts that they:
a. Are at least 18 years of age;
b. Will always be on board the Vessel during its operation and use;
c. Will provide, either at the time of execution of this Agreement or on the Nominated Day of Hire, accurate contact and identification information (including Drivers Licence and/or Passport);
d. Are physically and mentally fit to operate the Vessel (i.e. a competent person);
e. Have received, read and understood the pre-hire safety induction;
f. Will comply with all AMSA, MSQ and applicable maritime laws and the direction of Salty Days.
14. The number of people on the vessel (including the operator) must not exceed 10 people as per the vessel's licensed passenger capacity.
15. The following activities are strictly prohibited by the Hirer or passengers and constitute a breach of this agreement:
a. Smoking (including e-cigarettes and vaping) is not permitted on the vessel at any time. Breach will result in the Cleaning Fee being deducted from the Security Bond and may also give rise to additional charges or liabilities if damage or loss occurs.
b. No towing of any kind is permitted, including but not limited to:
i. Towing another boat;
ii. Towing donuts, tubes, or inflatables;
iii. Waterskiing;
iv. Wakeboarding;
v. Towing any person in the water.
vi. Excessive speed in restricted areas;
vii. Operating too close to other vessels, swimmers, or structures;
v Dangerous maneuvers or stunts;
f. Operating the vessel in an unsafe manner.
LIFEJACKET REQUIREMENTS
16. Lifejackets must be worn by all passengers at all times as per Queensland maritime law
17. Children under 12 years of age must wear lifejackets at all times when on deck
18. Adequate lifejackets are provided on board for all passengers
19. Physical Fitness to Board
20. The Hirer, and all passengers must be physically able to:
a. Board and alight the vessel safely
b. Use the vessel ladder from a beach, shallow water, or sand bar
c. Move safely around the vessel while underway
21. Salty Days is not responsible for injuries sustained while boarding or alighting the vessel, except to the extent liability cannot be excluded under the Australian Consumer Law or other non-excludable law.
COMPETENCY
22. In this clause "competent person" means a person competent in the handling of the vessel including:
a. Knowledge and practical experience of navigation, seamanship; and
b. Knowledge and practical experience in the handling of auxiliary powered craft and associated equipment of the general type and size of vessel.
23. The Hirer warrants that he/she is a competent person in the handling and operations of the type of vessel chartered and has no health issues that would impede the safe operation of the Vessel.
24. The Hirer undertakes not to permit any other person to operate the Vessel unless that person is a competent person.
25. Salty Days reserves the right to require the Hirer and any other person who may operate the Vessel to demonstrate to Salty Days that he/she are competent persons. Should Salty Days not be satisfied (acting reasonably) with the competency of the Hirer, Salty Days may terminate the agreement (and permit a refund less the Service Fee) or offer a training guide, at the Hirer’s expense, on board the Vessel for such period as determined by Salty Days[EH1] .
26. In the event the Hirer or any other person is considered by Salty Days to be a competent person as a result of any misleading, deceptive conduct or misrepresentation by the Hirer and upon which Salty Days has relied to form an opinion then Salty Days will have the right to terminate this agreement. Salty Days will have the right to recover any losses against the Hirer without any liability to refund or compensate the Hirer as a result of the misleading, deceptive conduct or misrepresentation.
NAVIGATION AND LIMITS
27. The Hirer will limit his/her cruising perimeter to the area and limitations clearly defined and specified by Salty Days.
28. The Vessel will be employed exclusively as a pleasure boat for the sole and proper use of the Hirer.
29. The Hirer will not carry on the Vessel more than the Party Number and the Hirer will not permit any other party, except competent persons within the Hirer’s party, to operate the Vessel unless the prior written permission of Salty Days is obtained.
30. The Hirer, or any competent person driving the vessel, will not race the Boat.
31. The Hirer will not raft up the Vessel up against any other vessel/jetski. The Vessel must not be used for towing except with written authorisation of Salty Days.
32. There must be no transferring of any equipment from the Vessel. The Hirer will not engage in trade including transporting merchandise or passengers for pay.
33. No goods, documents or drugs shall be carried which would involve the risk of seizure of the Vessel by any government.
34. Pets are not permitted on the Vessel[EH2] .
35. Children must be under the control of a responsible adult. That adult is responsible for the conduct and personal safety of the children while on the Vessel.
36. The Hirer will not allow any person on board to commit any act contrary to the laws of Australia, or of any other government within the jurisdiction of which the Vessel may be at any time and shall comply with the law in all other respects.
37. The Hirer will not make any landing with the Vessel or tie the Vessel up at any jetties or piers except those approved by Salty Days prior to departure or make any landing with the Boat.
38. On the Nominated Date of Delivery, Salty Days will relinquish its possession and command of the Vessel to the Hirer and full authority regarding the management of the Vessel and its crew or members of the hirer’s party will be transferred to the Hirer for the Nominated Date of Hire.
39. The Hirer is fully responsible for the safety of the crew/passengers and the safe navigation of the Vessel. If any crew/passenger is not in attendance at the safety briefing he or she is responsible for ensuring only competent persons operate the vessel and equipment in a safe manner.
DRUGS AND ALCOHOL CONSUMPTION
40. The Hirer acknowledges and accepts that the use or consumption of illegal substances by anyone using the Vessel, either ashore or afloat is prohibited by Salty Days.
41. The operation of the Vessel under the influence of illegal substances or alcohol is prohibited and otherwise at the Hirer’s own risk. Queensland law prescribes the operation of a vessel by anyone with an alcohol blood reading of over 0.05 is illegal and any breach of that law is a breach of this agreement.
42. Salty Days is not liable for any personal injury or death arising from or in any way relates to the use or consumption of alcohol or illegal substances.
43. Passengers may consume alcohol responsibly, however excessive intoxication that compromises safety is prohibited.
REDELIVERY, FUEL & CLEANING
44. The Hirer must deliver the Vessel to the Delivery Location at the end of the Nominated Date of Hire. Late returns will incur a fee of $200.00 per hour or part thereof, deducted from the Security Bond.
45. Late returns may also impact subsequent bookings and may result in additional charges, including any loss or cost suffered by the Owner due to delayed return.
46. No overnight use or mooring is permitted without express written permission of Salty Days.
47. If the Hirer leaves the Vessel at any location other than the Delivery Location, the Hirer will pay to Salty Days, all expenses involved in transferring the vessel to the Delivery Location plus any losses or damage until it has been redelivered to Salty Days at the Delivery Location.
48. If upon completion of the hire the Hirer has not left the Vessel in clean and tidy condition then the Hirer will pay for the Cleaning Fee of the Vessel, which the Hirer authorises to be deducted from the Security Bond or otherwise be owing by the Hirer.
49. The Vessel will be provided with sufficient fuel for the hire duration based on normal recreational use.
50. At the end of the Nominated Date of Hire, fuel usage will be assessed by Salty Days. The Hirer will be charged for fuel consumed at the nearest marina bowser rate plus the Service Fee. Fuel charges will be deducted from the Security Bond. If, after any subsequent check or audit, it is determined that fuel usage was undercharged, the Hirer remains liable for any shortfall.
51. If refueling is required during the hire period, the Hirer is responsible for refueling costs. Receipts must be retained and may be reimbursed or offset against final fuel charges at Salty Days discretion. The Hirer is responsible for any damage, spill, fine, or environmental harm arising from refuelling conducted by or on behalf of the Hirer.
SERVICE CALLS
52. In the event of a malfunction of the Vessel or its equipment, Salty Days will, subject to prevailing weather conditions, instruct the Hirer to proceed to the point designated by Salty Days where repairs or replacement can be undertaken (“service call”).
53. In the event the Vessel cannot be moved, Salty Days will use its best endeavours to reach the Vessel at the earliest opportunity.
54. Should any service call be caused by any action or inaction by the Hirer or for any reason except to the extent that the service call is caused by a deliberate act, negligence or failure of Salty Days, the costs associated with the service call are payable by the Hirer and will be deducted from the Security Bond or otherwise owing by the Hirer.
RECALL
55. Salty Days reserves the right to recall the Vessel at any time if the weather is considered by Salty Days (acting reasonably) to be a threat to safe operation or in Salty Days’ opinion (acting reasonably) the Vessel is being improperly or incorrectly sailed, managed or controlled so as to imperil the Vessel, other vessels or property or life or where the Vessel is operated in breach of marine park rules or this agreement.
56. A recall may include but is not limited to a recall to the Delivery Location or an instruction to proceed to a haven deemed to be safe for the prevailing conditions. During a recall the Hirer may be required to vacate the Vessel depending on conditions.
57. Salty Days is not liable for any lost time, Hire Fees, expense or losses to personal goods of property due to recall because the Vessel is being improperly or incorrectly sailed, managed or controlled and Salty Days is not liable to refund any Hire Fees.
ACCIDENT, BREAKDOWN OR DAMAGE
58. In the event of any accident, loss, breakdown or disaster, the Hirer shall give immediate notice to Salty Days and will not, except to the extent necessary, avert or minimise loss or damage of the Vessel, authorise or undertake repairs without prior authorisation of Salty Days.
59. The Hirer will be responsible for the costs and consequence of any unauthorised repairs.
60. The Hirer shall make no admission of liability to any third party and no refund shall be made in respect of any claim arising out of such accident, loss, or breakdown where such accident, loss, or breakdown is caused or contributed to by the Hirer’s deliberate act, negligence or failure by himself/herself or any competent person the Hirer has permitted to operate the Vessel.
61. The Hirer at its discretion, acting reasonably, shall determine if the cost of any repair, service (including cost for service vessels), breakdowns, recall or repossession or any other costs incurred by Salty Days are chargeable to the Hirer and if so will be deducted from the Security Bond or otherwise be owing as a debt due and payable on demand by the Hirer.
62. The Hirer must:
a. Report any damage, collision, grounding, or mechanical failure immediately to Salty Days Boat Hire;
b. Not attempt repairs without express permission;
c. Complete an incident report upon return;
d. Provide full details of any incident including time, location, circumstances, and third parties involved, and fully cooperate with any investigation by the Owner, its insurers or any regulatory authority.
63. Before the hire begins, the Hirer must:
a. Inspect the vessel with a representative of Salty Days Boat Hire;
b. Complete and sign the Vessel Condition Report and Inventory at Annexure B acknowledging the state of the Vessel and its contents;
c. Note any existing damage, wear, or missing items.
64. Upon return, a post-hire inspection will be conducted to assess any new damage or losses. The findings of the post-hire inspection, as recorded by Salty Days acting reasonably, will be prima facie evidence of the condition of the Vessel on return.
PAYMENT TERMS
65. The Hirer will pay:
a. The Deposit on signing of this agreement;
b. The balance of the Hire Fee at least fourteen (14) days prior to the Nominated Date of Hire; and
c. A Security Bond on or before the Nominated Date of Hire.
66. Failure to pay the Deposit, Hire Fee or Security Bond by the due date may result in cancellation without refund of monies already paid.
67. The Security Bond is required to be paid via credit card pre-authorisation prior to departure as security for the Hirer’s obligations and liabilities under this Agreement. The security bond is in addition to, and does not limit, any other rights or remedies of Salty Days. Cash and EFT payments are NOT accepted for security bonds. Credit Card fees apply to the security bond of <insert rate>.[EH3]
68. The Hirer authorises Salty Days to:
i. Damage to the vessel, equipment, or furnishings;
ii. Loss of equipment, safety gear, or vessel contents;
iii. Late return fees ($200.00 per hour or part thereof);
iv. The Cleaning Fee (including but not limited to vomit, fish guts, spilled food/drink, excessive rubbish, or any cleaning required as a result of Prohibited Conduct or other breach of this Agreement);
v. Fuel shortfall (charged at nearest marina bowser rate);
vi. Breach of operational area restrictions (as confirmed by GPS data);
vii. Breach of any term of this Agreement, including any amounts payable in respect of insurance excess, third-party claims, or regulatory fines or penalties for which the Hirer is responsible;
viii. Smoking on board the vessel;
ix. Towing violations;
x. Any other costs, losses, damages, charges, expenses (including reasonable legal and debt recovery costs) or liabilities incurred by Salty Days arising from or in connection with the conduct of the Hirer, or any passenger, whether or not such amounts exceed the Security Bond (in which case the Hirer remains liable for the shortfall).
69. The Security Bond (less any applicable deductions) will be released within 3-5 business days following the safe return of the Vessel and completion of the post-hire inspection. Where an incident, potential insurance claim, or alleged breach of this Agreement is being investigated, Salty Days may retain all or part of the Security Bond for a reasonable period pending resolution.
70. In the event of any deductions from the Security Bond for insurance excess or consequential credit card or banking charges, demurrage, repair of any damage or loss of equipment, or any accident, breakdown, recall or repossession of the Vessel, the balance will be refunded to the Hirer as soon as is reasonably practicable once the repairs are completed or the deduction is calculated, whichever is the latter.
71. All payments made by credit card or debit card incur a transaction fee of 2%.
72. Cash and EFT payments are accepted for Hire Fees only (not security bond).
73. Salty days will not accept split payments for the Hire Fee or Security Bond.
74. No refunds apply if the Vessel is returned before the Nominated Date of Hire time for any reason, including but not limited to weather changes, mechanical issues (unless caused by Salty Days), seasickness, or change of plans.
75. Peak season rates and public holiday surcharges may differ from standard booking rates. Applicable rates will be confirmed at time of booking.
CANCELLATION OR TERMINATION
76. In the event the Hirer cancels this agreement by notice in writing received by Salty Days to ahoy@saltydaysboathire.com.au more than fourteen (14) days prior to the Delivery Date, the Deposit will be refunded in full less a Service Fee of $25.00. Re-scheduling requires at least fourteen (14) days prior notice and is at the sole discretion of Salty Days.
77. If written cancellation is received less than fourteen (14) days prior to the Nominated Date of Hire, all Hire Fees remain due and payable and will not be waived or refunded UNLESS Salty[EH4] Days is able to obtain an alternative booking for the same Nominated Date of Hire.
78. Salty Days Boat Hire reserves the right to cancel or terminate the hire at any time, either prior to departure or during the hire period, where in the Owner's reasonable opinion:
79. If termination occurs due to Hirer/Operator breach, no refund will be provided of the Hire Fee and the Security Bond will be forfeited in full.
80. If termination occurs without Hirer/Operator breach, the Hirer will be entitled to a full refund of Hire Fees paid (less the Service Fee), or an alternative reschedule date by mutual agreement.
81. A reschedule owing to adverse weather conditions may be granted if availability permits, however:
GPS MONITORING
83. The Vessel is equipped with GPS tracking technology for safety purposes and to ensure the Vessel remains within operational limits. Salty Days may rely on GPS tracking data as evidence to determine operational area breaches, speed violations, or unauthorised use, and in connection with any enforcement, insurance or recovery action.
84. Operation outside the approved smooth waters area as confirmed by GPS data may result in immediate termination of hire, forfeiture of the entire Security Bond, and the Hirer being liable for any associated loss, damage, costs or penalties.
TAMPERING WITH VESSEL OR EQUIPMENT
85. Any tampering with the Vessel, GPS equipment, or safety systems will be immediately reported to law enforcement and may result in criminal charges. The full Security Bond will be forfeited and the Hirer will be liable for all resulting loss, damage, costs and expenses incurred by Salty Days.
INSURANCE, DAMAGE & LIABILITY
86. The Hirer must, prior to departure, complete a passenger manifest at Annexure C listing the full name of each passenger on board and the age of each passenger.
87. The Hirer warrants that all details recorded on the passenger manifest are true and correct and acknowledges that the Hirer remains responsible for the safety and conduct of all passengers (including minors) and for ensuring that all applicable lifejacket and supervision requirements are complied with at all times.
88. To the extent permitted by law, the Hirer hereby indemnifies, will reimburse and hold Salty Days harmless from and against any acts and all claims, losses, liabilities, demands, suits, judgement or causes of actions and all legal proceedings whether civil or criminal, penalties, fines and other sanctions and any other costs and expenses in connection with or which may result from, or arise in any manner out of any matter related to this charter agreement or arise out of the management, control, encumbering use or operation of the Vessel by the Hirer.
89. To the extent permitted by law, no claim of any nature shall be brought against Salty Days by the Hirer or any of the Hirer’s party and the Hirer hereby indemnifies Salty Days in respect of any amount paid by Salty Days in respect of any such claim.
90. The Hirer undertakes all activities (including but not limited to swimming, stand up paddleboard (SUP), snorkelling, diving) on, from or whilst in occupation, use, control or operation of the Vessel at its own risk.
91. The use of any equipment (including but not limited to outboard engine, dinghy, snorkeling or scuba equipment, masks, SUPs, fins) supplied by Salty Days, either available onboard the Vessel, separately purchased / hired from Salty Days or otherwise, is operated at the Hirer’s own risk.
92. Salty Days and its insurance underwriters are not liable for accidents, injuries or death due to activities (including but not limited to) swimming: SUP use; or the use of equipment (including but not limited to the use of the outboard engine, snorkels, masks fins or scuba equipment).
93. The user of any equipment must ascertain that he / she is experienced, qualified and capable of using the equipment and the equipment is suitable and in good condition for the purpose for which it will be used and for the person using it.
INSURANCE COVERAGE
94. The vessel is insured under Salty Days insurance policy, however:
a. the Hirer is responsible for any insurance excess (including any additional or increased excess) payable in the event of a claim arising out of or in connection with the hire;
b. the insurance excess may be deducted from the Security Bond;
c. to the maximum extent permitted by law, the Hirer is liable for damage, loss and associated costs up to the full repair or replacement value of the Vessel and any other affected property if negligence, gross negligence, wilful misconduct or breach of this Agreement by the Hirer, or any passenger is proven.
95. Without limiting the foregoing, the Hirer is financially responsible for:
a. Any loss or damage to the Vessel during the hire period, regardless of whether caused by the Hirer, or any passenger;
b. Loss or damage to equipment, safety gear, or furnishings;
c. Damage caused by negligence, misuse (including failure to follow the Safe Operation Manual/Quick Guide), or breach of this agreement;
d. Third-party damage, loss, injury or death caused during the hire, including any claims (i.e. third party claims), demands, fines, penalties, or other liabilities made against or incurred by Salty Days arising out of or in connection with the hire or use of the vessel;
e. Insurance excess applicable to any claim; and
f. Full replacement cost for lost or stolen equipment.
RISK ACKNOWLEDGEMENT, WAIVER & INDEMNITY
96. The Hirer acknowledges and accepts that boating and water-based activities involve inherent and unavoidable risks, including but not limited to:
a. Personal injury or death
b. Collision with other vessels, structures, or submerged objects
c. Capsizing or swamping
d. Weather changes and deteriorating conditions
e. Mechanical failure or equipment malfunction
f. Slips, trips, and falls on the vessel
g. Man overboard incidents
h. Sunburn, dehydration, and heat exposure
i. Marine life encounters
j. Assumption of Risk
97. The Hirer voluntarily assumes all risks associated with the hire and use of the vessel, whether foreseen or unforeseen, including risks arising from the acts or omissions of the Hirer, any Nominated Operator, any passenger and, to the maximum extent permitted by law, any act or omission (including negligence) of Salty Days or its personnel.
98. Any incident, event, act or omission occurring during, arising out of, or in connection with the hire period, the embarkation or disembarkation of passengers, or the loading or unloading of property
99. This waiver applies except where and to the extent that liability cannot be excluded, restricted or modified under the Australian Consumer Law, Competition and Consumer Act 2010 (Cth), or other applicable consumer protection legislation. Nothing in this Agreement purports to exclude, restrict or modify any such non-excludable rights, but otherwise all warranties, guarantees, conditions and liabilities are excluded to the maximum extent permitted by law.
100. The Hirer agrees to indemnify and hold harmless the Released Parties from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, fines, penalties, judgments, and costs (including legal costs on a full indemnity basis) arising from or in connection with:
a. The Hirer's or Operator's use of the vessel, or the use of the vessel by any passenger or any person invited or permitted on board by the Hirer or any Nominated Operator
b. Breach of this agreement
c. Negligence, gross negligence, misconduct, or failure to comply with the Safe Operation Manual/Quick Guide by the Hirer, any Nominated Operator, or any passenger
d. Third-party claims (including for personal injury, death, property damage or economic loss) arising from incidents during, or in connection with, the hire, including where such claims allege negligence or breach of duty by any Released Party, except to the extent such liability cannot lawfully be the subject of an indemnity
FRUSTRATION
101. This agreement will be frustrated by the parties in circumstances where for example (including but not limited to) the result of a declared natural disaster, (e.g. the harbour has been closed, water and fuel supplies in the area are unavailable). Events beyond Salty Days control means that both parties are unable to perform their obligations under the agreement before or during the Nominated Day of Hire.
102. In these circumstances, Salty Days will offer a credit to postpone the booking to an alternative date within 6 months from the date of frustration. Such postponed booking to be on the same terms and conditions as this agreement and with a Vessel of the same standard and quality as this Boat.
NON-ASSIGNMENT
103. The Hirer will not assign or sub-charter his interest in the Vessel without the prior written consent of the Operator. Salty Days may assign its rights under this agreement.
GOVERNING LAW
104. This agreement is governed by the laws of the State of Queensland and the Commonwealth of Australia and any dispute arising or relating to the agreement or the charter shall be referred to the courts of Queensland and be heard at the nearest relevant court.
DISPUTE RESOLUTION
105. Any disputes arising from this agreement should first be raised directly with Salty Days for resolution. If resolution cannot be reached, disputes may be referred to mediation or legal proceedings.
PRIVACY & DATA COLLECTION
106. Salty Days Boat Hire collects personal information for the purposes of:
a. Processing bookings and payments
b. Verifying identity and eligibility to hire (including collecting and retaining copies, scans or photographs of licences, passports and operator identification, and maintaining a record of passengers on board)
c. Ensuring safety and compliance with maritime regulations, including emergency contact purposes and incident management
d. GPS tracking for safety and operational monitoring
e. Communicating important information regarding the hire
f. Personal information will be handled in accordance with the Australian Privacy Principles and will not be shared with third parties except as required by law, maritime safety authorities, emergency services, insurers, or as reasonably necessary for safety, compliance or enforcement purposes.
ENTIRE AGREEMENT
107. This document (including any schedules, the Vessel Condition Report, the Safe Operation Manual/Quick Guide, and any written booking confirmation) constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, or agreements.
AMENDMENTS
108. This agreement may only be amended in writing and signed by both parties.
SEVERABILITY
109. If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
WAIVER
110. Failure by Salty Days Boat Hire to enforce any provision of this agreement does not constitute a waiver of that provision or any other provision.
NOMINATED FEES
111. The following nominated fees are applicable as referenced throughout the agreement:
a. Cleaning Fee - $150.00 (only applicable if vessel returned in an untidy or unclean way)
b. Service Fee - $25.00
c. Security Bond - $1,000.00
d. Callout or After Hours Fee Rate - $200.00 per hour or part thereof
ACCEPTANCE
By submitting the booking form, the Hirer, agrees and confirms that he/she has:
Annexure A –
[EH7]
SAFETY INDUCTION & RESPONSIBILITIES CHECKLIST
Pre-Hire Safety Induction
The Hirer and Nominated Operator(s) confirm they have received a comprehensive safety induction covering and accompanied by the Safe Operation Manual/Quick Guide for the vessel, including:
Hirer Responsibilities
Not limiting the terms and conditions of the Agreement, the Hirer and Salty Days agree to:
[EH1]This may be a optional? I.e. if you believe they need further training, you may wish to offer a $20 training guide or fee. This is usually offered for larger charters.
[EH2]Please confirm?
[EH3]insert rate.
[EH4]Please consider these payment timeframes and cancellation notification timeframes and advise if they are suitable. You can shorten etc.
[EH5]I do nor have a copy of this? Is this a separate document you have created? I also do not have the Safe Operation manual/Quick Guide for the vessel?
[EH6]We are unable to have the hirer accept that they have inspected the vessel and are satisfied with its condition if they haven't in fact sighted the vessel. This is why the Condition Report will need to be signed on the day of hire.
[EH7]We would recommend that this is changed to a checklist where you will tick and go through each point and then have the Hirer sign it on the day of charter.
HIRE & DRIVE PONTOON BOAT – DAY OF HIRE AGREEMENT TERMS AND CONDITIONS
DEFINITIONS
'Callout or After Hours Fee Rate' is $200.00 per hour or part thereof
'Cleaning Fee' is $150.00 (only applicable if vessel returned in an untidy or unclean way)
'Hirer' is the nominated individual on the submission form hiring the vessel
'Hire Fee' is the amount listed at the time of booking
'Delivery Location' is Anglers Esplanade, Runaway Bay, Queensland, 4216
'Nominated Day of Hire' is the day selected and submitted by the hirer via the scheduling calendar
'Security Bond' is the nominated fee as listed in this agreement of $1,000.00
'Service Fee' is the nominated fee as listed in this agreement of $25.00
'Vessel' is the pontoon boat owned and operated by Salty Days Boat Hire
DELIVERY AND ACCEPTANCE OF VESSELL
1. In consideration of payment of the Hire Fee and Security Bond per this agreement, Salty Days will deliver the Vessel to the Hirer at the Delivery Location (Anglers Esplanade, Runaway Bay, Queensland 4216), on the Nominated Day of Hire. The hire period begins at the confirmed booking time specified in the Nominated Day of Hire.
2. Late arrival reduces the available hire time (no extensions or refunds for late arrival). Salty Days reserves the right to cancel the hire without refund if the Hirer is more than one hour late without prior notice.
3. If Salty Days fails to make delivery within 2 hours of the Nominated Day of Hire then the Hirer may cancel the agreement and Hire Fee and Security Bond will be refunded in full. Salty Days will then have no further liability to the Hirer beyond that refund.
4. Hirers must arrive a minimum of 15 minutes prior to complete required documentation, payment verification, and to complete the Safety Management System briefing and Condition Report.
5. The Hirer warrants that he/she has examined the Vessel before taking delivery and by accepting the Vessel will be deemed to have satisfied himself/herself that the Vessel is staunch and properly outfitted for the permitted use.
6. Upon acceptance of the Vessel by the Hirer, the Hirer is deemed to be satisfied with the condition and quality of the Vessel.
7. Upon acceptance, the Hirer agrees that they will operate and use the Vessel in a reasonable and prudent manner taking into all weather and other conditions and warnings which may affect the use and safety of the Vessel and all persons on board.
PERMITTED USE
8. The Hirer’s use and operation of the Vessel must be pursuant to all guidelines issued by Salty Days in respect of the use and operation of the Vessel, including:
a. The vessel may ONLY be operated within the designated smooth waters operational area as defined by the map displayed on board the Vessel;
b. The approved north boundary limit of Tipplers (South Stradbroke Island);
c. The approved South Boundary limit of Southport Sundale Bridge.
9. The Vessel must NOT, at any time:
10. Taking the boat out of the water, onto a trailer, or operating outside the approved smooth waters area constitutes a serious breach of this agreement and may result in:
11. Should the Hirer not be ready to accept delivery of the Vessel at the Delivery Location, on the Nominated Day of Hire for any reason Salty Days, Salty Days may terminate this agreement in writing. In that event there shall be no partial refund of the Hire Fees for any of the time lost.
12. The Hirer acknowledges and accepts that the use and hire of the Vessel must be in accordance with the AMSA Class 4E operations for hire-and-drive vessels operating in designated smooth waters within Queensland, Australia.
13. The Hirer acknowledges and accepts that they:
a. Are at least 18 years of age;
b. Will always be on board the Vessel during its operation and use;
c. Will provide, either at the time of execution of this Agreement or on the Nominated Day of Hire, accurate contact and identification information (including Drivers Licence and/or Passport);
d. Are physically and mentally fit to operate the Vessel (i.e. a competent person);
e. Have received, read and understood the pre-hire safety induction;
f. Will comply with all AMSA, MSQ and applicable maritime laws and the direction of Salty Days.
14. The number of people on the vessel (including the operator) must not exceed 10 people as per the vessel's licensed passenger capacity.
15. The following activities are strictly prohibited by the Hirer or passengers and constitute a breach of this agreement:
a. Smoking (including e-cigarettes and vaping) is not permitted on the vessel at any time. Breach will result in the Cleaning Fee being deducted from the Security Bond and may also give rise to additional charges or liabilities if damage or loss occurs.
b. No towing of any kind is permitted, including but not limited to:
i. Towing another boat;
ii. Towing donuts, tubes, or inflatables;
iii. Waterskiing;
iv. Wakeboarding;
v. Towing any person in the water.
c. Excessive speed in restricted areas;
d. Operating too close to other vessels, swimmers, or structures;
e. Dangerous maneuvers or stunts;
f. Operating the vessel in an unsafe manner.
LIFEJACKET REQUIREMENTS
16. Lifejackets must be worn by all passengers at all times as per Queensland maritime law
17. Children under 12 years of age must wear lifejackets at all times when on deck
18. Adequate lifejackets are provided on board for all passengers
19. Physical Fitness to Board
20. The Hirer, and all passengers must be physically able to:
a. Board and alight the vessel safely
b. Use the vessel ladder from a beach, shallow water, or sand bar
c. Move safely around the vessel while underway
21. Salty Days is not responsible for injuries sustained while boarding or alighting the vessel, except to the extent liability cannot be excluded under the Australian Consumer Law or other non-excludable law.
COMPETENCY
22. In this clause "competent person" means a person competent in the handling of the vessel including:
a. Knowledge and practical experience of navigation, seamanship; and
b. Knowledge and practical experience in the handling of auxiliary powered craft and associated equipment of the general type and size of vessel.
23. The Hirer warrants that he/she is a competent person in the handling and operations of the type of vessel chartered and has no health issues that would impede the safe operation of the Vessel.
24. The Hirer undertakes not to permit any other person to operate the Vessel unless that person is a competent person.
25. Salty Days reserves the right to require the Hirer and any other person who may operate the Vessel to demonstrate to Salty Days that he/she are competent persons. Should Salty Days not be satisfied (acting reasonably) with the competency of the Hirer, Salty Days may terminate the agreement (and permit a refund less the Service Fee) or offer a training guide, at the Hirer’s expense, on board the Vessel for such period as determined by Salty Days[EH1] .
26. In the event the Hirer or any other person is considered by Salty Days to be a competent person as a result of any misleading, deceptive conduct or misrepresentation by the Hirer and upon which Salty Days has relied to form an opinion then Salty Days will have the right to terminate this agreement. Salty Days will have the right to recover any losses against the Hirer without any liability to refund or compensate the Hirer as a result of the misleading, deceptive conduct or misrepresentation.
NAVIGATION AND LIMITS
27. The Hirer will limit his/her cruising perimeter to the area and limitations clearly defined and specified by Salty Days.
28. The Vessel will be employed exclusively as a pleasure boat for the sole and proper use of the Hirer.
29. The Hirer will not carry on the Vessel more than the Party Number and the Hirer will not permit any other party, except competent persons within the Hirer’s party, to operate the Vessel unless the prior written permission of Salty Days is obtained.
30. The Hirer, or any competent person driving the vessel, will not race the Boat.
31. The Hirer will not raft up the Vessel up against any other vessel/jetski. The Vessel must not be used for towing except with written authorisation of Salty Days.
32. There must be no transferring of any equipment from the Vessel. The Hirer will not engage in trade including transporting merchandise or passengers for pay.
33. No goods, documents or drugs shall be carried which would involve the risk of seizure of the Vessel by any government.
34. Pets are not permitted on the Vessel[EH2] .
35. Children must be under the control of a responsible adult. That adult is responsible for the conduct and personal safety of the children while on the Vessel.
36. The Hirer will not allow any person on board to commit any act contrary to the laws of Australia, or of any other government within the jurisdiction of which the Vessel may be at any time and shall comply with the law in all other respects.
37. The Hirer will not make any landing with the Vessel or tie the Vessel up at any jetties or piers except those approved by Salty Days prior to departure or make any landing with the Boat.
38. On the Nominated Date of Delivery, Salty Days will relinquish its possession and command of the Vessel to the Hirer and full authority regarding the management of the Vessel and its crew or members of the hirer’s party will be transferred to the Hirer for the Nominated Date of Hire.
39. The Hirer is fully responsible for the safety of the crew/passengers and the safe navigation of the Vessel. If any crew/passenger is not in attendance at the safety briefing he or she is responsible for ensuring only competent persons operate the vessel and equipment in a safe manner.
DRUGS AND ALCOHOL CONSUMPTION
40. The Hirer acknowledges and accepts that the use or consumption of illegal substances by anyone using the Vessel, either ashore or afloat is prohibited by Salty Days.
41. The operation of the Vessel under the influence of illegal substances or alcohol is prohibited and otherwise at the Hirer’s own risk. Queensland law prescribes the operation of a vessel by anyone with an alcohol blood reading of over 0.05 is illegal and any breach of that law is a breach of this agreement.
42. Salty Days is not liable for any personal injury or death arising from or in any way relates to the use or consumption of alcohol or illegal substances.
43. Passengers may consume alcohol responsibly, however excessive intoxication that compromises safety is prohibited.
REDELIVERY, FUEL & CLEANING
44. The Hirer must deliver the Vessel to the Delivery Location at the end of the Nominated Date of Hire. Late returns will incur a fee of $200.00 per hour or part thereof, deducted from the Security Bond.
45. Late returns may also impact subsequent bookings and may result in additional charges, including any loss or cost suffered by the Owner due to delayed return.
46. No overnight use or mooring is permitted without express written permission of Salty Days.
47. If the Hirer leaves the Vessel at any location other than the Delivery Location, the Hirer will pay to Salty Days, all expenses involved in transferring the vessel to the Delivery Location plus any losses or damage until it has been redelivered to Salty Days at the Delivery Location.
48. If upon completion of the hire the Hirer has not left the Vessel in clean and tidy condition then the Hirer will pay for the Cleaning Fee of the Vessel, which the Hirer authorises to be deducted from the Security Bond or otherwise be owing by the Hirer.
49. The Vessel will be provided with sufficient fuel for the hire duration based on normal recreational use.
50. At the end of the Nominated Date of Hire, fuel usage will be assessed by Salty Days. The Hirer will be charged for fuel consumed at the nearest marina bowser rate plus the Service Fee. Fuel charges will be deducted from the Security Bond. If, after any subsequent check or audit, it is determined that fuel usage was undercharged, the Hirer remains liable for any shortfall.
51. If refueling is required during the hire period, the Hirer is responsible for refueling costs. Receipts must be retained and may be reimbursed or offset against final fuel charges at Salty Days discretion. The Hirer is responsible for any damage, spill, fine, or environmental harm arising from refuelling conducted by or on behalf of the Hirer.
SERVICE CALLS
52. In the event of a malfunction of the Vessel or its equipment, Salty Days will, subject to prevailing weather conditions, instruct the Hirer to proceed to the point designated by Salty Days where repairs or replacement can be undertaken (“service call”).
53. In the event the Vessel cannot be moved, Salty Days will use its best endeavours to reach the Vessel at the earliest opportunity.
54. Should any service call be caused by any action or inaction by the Hirer or for any reason except to the extent that the service call is caused by a deliberate act, negligence or failure of Salty Days, the costs associated with the service call are payable by the Hirer and will be deducted from the Security Bond or otherwise owing by the Hirer.
RECALL
55. Salty Days reserves the right to recall the Vessel at any time if the weather is considered by Salty Days (acting reasonably) to be a threat to safe operation or in Salty Days’ opinion (acting reasonably) the Vessel is being improperly or incorrectly sailed, managed or controlled so as to imperil the Vessel, other vessels or property or life or where the Vessel is operated in breach of marine park rules or this agreement.
56. A recall may include but is not limited to a recall to the Delivery Location or an instruction to proceed to a haven deemed to be safe for the prevailing conditions. During a recall the Hirer may be required to vacate the Vessel depending on conditions.
57. Salty Days is not liable for any lost time, Hire Fees, expense or losses to personal goods of property due to recall because the Vessel is being improperly or incorrectly sailed, managed or controlled and Salty Days is not liable to refund any Hire Fees.
ACCIDENT, BREAKDOWN OR DAMAGE
58. In the event of any accident, loss, breakdown or disaster, the Hirer shall give immediate notice to Salty Days and will not, except to the extent necessary, avert or minimise loss or damage of the Vessel, authorise or undertake repairs without prior authorisation of Salty Days.
59. The Hirer will be responsible for the costs and consequence of any unauthorised repairs.
60. The Hirer shall make no admission of liability to any third party and no refund shall be made in respect of any claim arising out of such accident, loss, or breakdown where such accident, loss, or breakdown is caused or contributed to by the Hirer’s deliberate act, negligence or failure by himself/herself or any competent person the Hirer has permitted to operate the Vessel.
61. The Hirer at its discretion, acting reasonably, shall determine if the cost of any repair, service (including cost for service vessels), breakdowns, recall or repossession or any other costs incurred by Salty Days are chargeable to the Hirer and if so will be deducted from the Security Bond or otherwise be owing as a debt due and payable on demand by the Hirer.
62. The Hirer must:
a. Report any damage, collision, grounding, or mechanical failure immediately to Salty Days Boat Hire;
b. Not attempt repairs without express permission;
c. Complete an incident report upon return;
d. Provide full details of any incident including time, location, circumstances, and third parties involved, and fully cooperate with any investigation by the Owner, its insurers or any regulatory authority.
63. Before the hire begins, the Hirer must:
a. Inspect the vessel with a representative of Salty Days Boat Hire;
b. Complete and sign the Vessel Condition Report and Inventory at Annexure B acknowledging the state of the Vessel and its contents;
c. Note any existing damage, wear, or missing items.
64. Upon return, a post-hire inspection will be conducted to assess any new damage or losses. The findings of the post-hire inspection, as recorded by Salty Days acting reasonably, will be prima facie evidence of the condition of the Vessel on return.
PAYMENT TERMS
65. The Hirer will pay:
a. The Deposit on signing of this agreement;
b. The balance of the Hire Fee at least fourteen (14) days prior to the Nominated Date of Hire; and
c. A Security Bond on or before the Nominated Date of Hire.
66. Failure to pay the Deposit, Hire Fee or Security Bond by the due date may result in cancellation without refund of monies already paid.
67. The Security Bond is required to be paid via credit card pre-authorisation prior to departure as security for the Hirer’s obligations and liabilities under this Agreement. The security bond is in addition to, and does not limit, any other rights or remedies of Salty Days. Cash and EFT payments are NOT accepted for security bonds. Credit Card fees apply to the security bond of <insert rate>.[EH3]
68. The Hirer authorises Salty Days to:
i. Damage to the vessel, equipment, or furnishings;
ii. Loss of equipment, safety gear, or vessel contents;
iii. Late return fees ($200.00 per hour or part thereof);
iv. The Cleaning Fee (including but not limited to vomit, fish guts, spilled food/drink, excessive rubbish, or any cleaning required as a result of Prohibited Conduct or other breach of this Agreement);
v. Fuel shortfall (charged at nearest marina bowser rate);
vi. Breach of operational area restrictions (as confirmed by GPS data);
vii. Breach of any term of this Agreement, including any amounts payable in respect of insurance excess, third-party claims, or regulatory fines or penalties for which the Hirer is responsible;
viii. Smoking on board the vessel;
ix. Towing violations;
x. Any other costs, losses, damages, charges, expenses (including reasonable legal and debt recovery costs) or liabilities incurred by Salty Days arising from or in connection with the conduct of the Hirer, or any passenger, whether or not such amounts exceed the Security Bond (in which case the Hirer remains liable for the shortfall).
69. The Security Bond (less any applicable deductions) will be released within 3-5 business days following the safe return of the Vessel and completion of the post-hire inspection. Where an incident, potential insurance claim, or alleged breach of this Agreement is being investigated, Salty Days may retain all or part of the Security Bond for a reasonable period pending resolution.
70. In the event of any deductions from the Security Bond for insurance excess or consequential credit card or banking charges, demurrage, repair of any damage or loss of equipment, or any accident, breakdown, recall or repossession of the Vessel, the balance will be refunded to the Hirer as soon as is reasonably practicable once the repairs are completed or the deduction is calculated, whichever is the latter.
71. All payments made by credit card or debit card incur a transaction fee of 2%.
72. Cash and EFT payments are accepted for Hire Fees only (not security bond).
73. Salty days will not accept split payments for the Hire Fee or Security Bond.
74. No refunds apply if the Vessel is returned before the Nominated Date of Hire time for any reason, including but not limited to weather changes, mechanical issues (unless caused by Salty Days), seasickness, or change of plans.
75. Peak season rates and public holiday surcharges may differ from standard booking rates. Applicable rates will be confirmed at time of booking.
CANCELLATION OR TERMINATION
76. In the event the Hirer cancels this agreement by notice in writing received by Salty Days to ahoy@saltydaysboathire.com.au more than fourteen (14) days prior to the Delivery Date, the Deposit will be refunded in full less a Service Fee of $25.00. Re-scheduling requires at least fourteen (14) days prior notice and is at the sole discretion of Salty Days.
77. If written cancellation is received less than fourteen (14) days prior to the Nominated Date of Hire, all Hire Fees remain due and payable and will not be waived or refunded UNLESS Salty[EH4] Days is able to obtain an alternative booking for the same Nominated Date of Hire.
78. Salty Days Boat Hire reserves the right to cancel or terminate the hire at any time, either prior to departure or during the hire period, where in the Owner's reasonable opinion:
79. If termination occurs due to Hirer/Operator breach, no refund will be provided of the Hire Fee and the Security Bond will be forfeited in full.
80. If termination occurs without Hirer/Operator breach, the Hirer will be entitled to a full refund of Hire Fees paid (less the Service Fee), or an alternative reschedule date by mutual agreement.
81. A reschedule owing to adverse weather conditions may be granted if availability permits, however:
GPS MONITORING
83. The Vessel is equipped with GPS tracking technology for safety purposes and to ensure the Vessel remains within operational limits. Salty Days may rely on GPS tracking data as evidence to determine operational area breaches, speed violations, or unauthorised use, and in connection with any enforcement, insurance or recovery action.
84. Operation outside the approved smooth waters area as confirmed by GPS data may result in immediate termination of hire, forfeiture of the entire Security Bond, and the Hirer being liable for any associated loss, damage, costs or penalties.
TAMPERING WITH VESSEL OR EQUIPMENT
85. Any tampering with the Vessel, GPS equipment, or safety systems will be immediately reported to law enforcement and may result in criminal charges. The full Security Bond will be forfeited and the Hirer will be liable for all resulting loss, damage, costs and expenses incurred by Salty Days.
INSURANCE, DAMAGE & LIABILITY
86. The Hirer must, prior to departure, complete a passenger manifest at Annexure C listing the full name of each passenger on board and the age of each passenger.
87. The Hirer warrants that all details recorded on the passenger manifest are true and correct and acknowledges that the Hirer remains responsible for the safety and conduct of all passengers (including minors) and for ensuring that all applicable lifejacket and supervision requirements are complied with at all times.
88. To the extent permitted by law, the Hirer hereby indemnifies, will reimburse and hold Salty Days harmless from and against any acts and all claims, losses, liabilities, demands, suits, judgement or causes of actions and all legal proceedings whether civil or criminal, penalties, fines and other sanctions and any other costs and expenses in connection with or which may result from, or arise in any manner out of any matter related to this charter agreement or arise out of the management, control, encumbering use or operation of the Vessel by the Hirer.
89. To the extent permitted by law, no claim of any nature shall be brought against Salty Days by the Hirer or any of the Hirer’s party and the Hirer hereby indemnifies Salty Days in respect of any amount paid by Salty Days in respect of any such claim.
90. The Hirer undertakes all activities (including but not limited to swimming, stand up paddleboard (SUP), snorkelling, diving) on, from or whilst in occupation, use, control or operation of the Vessel at its own risk.
91. The use of any equipment (including but not limited to outboard engine, dinghy, snorkelling or scuba equipment, masks, SUPs, fins) supplied by Salty Days, either available onboard the Vessel, separately purchased / hired from Salty Days or otherwise, is operated at the Hirer’s own risk.
92. Salty Days and its insurance underwriters are not liable for accidents, injuries or death due to activities (including but not limited to) swimming: SUP use; or the use of equipment (including but not limited to the use of the outboard engine, snorkels, masks fins or scuba equipment).
93. The user of any equipment must ascertain that he / she is experienced, qualified and capable of using the equipment and the equipment is suitable and in good condition for the purpose for which it will be used and for the person using it.
INSURANCE COVERAGE
94. The vessel is insured under Salty Days insurance policy, however:
a. the Hirer is responsible for any insurance excess (including any additional or increased excess) payable in the event of a claim arising out of or in connection with the hire;
b. the insurance excess may be deducted from the Security Bond;
c. to the maximum extent permitted by law, the Hirer is liable for damage, loss and associated costs up to the full repair or replacement value of the Vessel and any other affected property if negligence, gross negligence, wilful misconduct or breach of this Agreement by the Hirer, or any passenger is proven.
95. Without limiting the foregoing, the Hirer is financially responsible for:
a. Any loss or damage to the Vessel during the hire period, regardless of whether caused by the Hirer, or any passenger;
b. Loss or damage to equipment, safety gear, or furnishings;
c. Damage caused by negligence, misuse (including failure to follow the Safe Operation Manual/Quick Guide), or breach of this agreement;
d. Third-party damage, loss, injury or death caused during the hire, including any claims (i.e. third party claims), demands, fines, penalties, or other liabilities made against or incurred by Salty Days arising out of or in connection with the hire or use of the vessel;
e. Insurance excess applicable to any claim; and
f. Full replacement cost for lost or stolen equipment.
RISK ACKNOWLEDGEMENT, WAIVER & INDEMNITY
96. The Hirer acknowledges and accepts that boating and water-based activities involve inherent and unavoidable risks, including but not limited to:
a. Personal injury or death
b. Collision with other vessels, structures, or submerged objects
c. Capsizing or swamping
d. Weather changes and deteriorating conditions
e. Mechanical failure or equipment malfunction
f. Slips, trips, and falls on the vessel
g. Man overboard incidents
h. Sunburn, dehydration, and heat exposure
i. Marine life encounters
j. Assumption of Risk
97. The Hirer voluntarily assumes all risks associated with the hire and use of the vessel, whether foreseen or unforeseen, including risks arising from the acts or omissions of the Hirer, any Nominated Operator, any passenger and, to the maximum extent permitted by law, any act or omission (including negligence) of Salty Days or its personnel.
98. Any incident, event, act or omission occurring during, arising out of, or in connection with the hire period, the embarkation or disembarkation of passengers, or the loading or unloading of property
99. This waiver applies except where and to the extent that liability cannot be excluded, restricted or modified under the Australian Consumer Law, Competition and Consumer Act 2010 (Cth), or other applicable consumer protection legislation. Nothing in this Agreement purports to exclude, restrict or modify any such non-excludable rights, but otherwise all warranties, guarantees, conditions and liabilities are excluded to the maximum extent permitted by law.
100. The Hirer agrees to indemnify and hold harmless the Released Parties from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, fines, penalties, judgments, and costs (including legal costs on a full indemnity basis) arising from or in connection with:
a. The Hirer's or Operator's use of the vessel, or the use of the vessel by any passenger or any person invited or permitted on board by the Hirer or any Nominated Operator
b. Breach of this agreement
c. Negligence, gross negligence, misconduct, or failure to comply with the Safe Operation Manual/Quick Guide by the Hirer, any Nominated Operator, or any passenger
d. Third-party claims (including for personal injury, death, property damage or economic loss) arising from incidents during, or in connection with, the hire, including where such claims allege negligence or breach of duty by any Released Party, except to the extent such liability cannot lawfully be the subject of an indemnity.
FRUSTRATION
101. This agreement will be frustrated by the parties in circumstances where for example (including but not limited to) the result of a declared natural disaster, (e.g. the harbour has been closed, water and fuel supplies in the area are unavailable). Events beyond Salty Days control means that both parties are unable to perform their obligations under the agreement before or during the Nominated Day of Hire.
102. In these circumstances, Salty Days will offer a credit to postpone the booking to an alternative date within 6 months from the date of frustration. Such postponed booking to be on the same terms and conditions as this agreement and with a Vessel of the same standard and quality as this Boat.
NON-ASSIGNMENT
103. The Hirer will not assign or sub-charter his interest in the Vessel without the prior written consent of the Operator. Salty Days may assign its rights under this agreement.
GOVERNING LAW
104. This agreement is governed by the laws of the State of Queensland and the Commonwealth of Australia and any dispute arising or relating to the agreement or the charter shall be referred to the courts of Queensland and be heard at the nearest relevant court.
DISPUTE RESOLUTION
105. Any disputes arising from this agreement should first be raised directly with Salty Days for resolution. If resolution cannot be reached, disputes may be referred to mediation or legal proceedings.
PRIVACY & DATA COLLECTION
106. Salty Days Boat Hire collects personal information for the purposes of:
a. Processing bookings and payments
b. Verifying identity and eligibility to hire (including collecting and retaining copies, scans or photographs of licences, passports and operator identification, and maintaining a record of passengers on board)
c. Ensuring safety and compliance with maritime regulations, including emergency contact purposes and incident management
d. GPS tracking for safety and operational monitoring
e. Communicating important information regarding the hire
f. Personal information will be handled in accordance with the Australian Privacy Principles and will not be shared with third parties except as required by law, maritime safety authorities, emergency services, insurers, or as reasonably necessary for safety, compliance or enforcement purposes.
ENTIRE AGREEMENT
107. This document (including any schedules, the Vessel Condition Report, the Safe Operation Manual/Quick Guide, and any written booking confirmation) constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, or agreements.
AMENDMENTS
108. This agreement may only be amended in writing and signed by both parties.
SEVERABILITY
109. If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
WAIVER
110. Failure by Salty Days Boat Hire to enforce any provision of this agreement does not constitute a waiver of that provision or any other provision.
NOMINATED FEES
111. The following nominated fees are applicable as referenced throughout the agreement:
a. Cleaning Fee - $150.00 (only applicable if vessel returned in an untidy or unclean way)
b. Service Fee - $25.00
c. Security Bond - $1,000.00
d. Callout or After Hours Fee Rate - $200.00 per hour or part thereof
ACCEPTANCE
By submitting the booking form, the Hirer, agrees and confirms that he/she has:
Annexure A –
SAFETY INDUCTION & RESPONSIBILITIES CHECKLIST
Pre-Hire Safety Induction
The Hirer and Nominated Operator(s) confirm they have received a comprehensive safety induction covering and accompanied by the Safe Operation Manual/Quick Guide for the vessel, including:
Hirer Responsibilities
Not limiting the terms and conditions of the Agreement, the Hirer and Salty Days agree to: