Standard Hire Terms & Conditions
1. Parties
a. For the purpose of these Terms and Conditions BA Boat Hire Pty Ltd shall mean the Service Provider and the person hiring the boat shall mean the Boat Hirer.
2. Payment Terms
a. The agreed fee (the Agreed Fee) shall be payable by the Boat Hirer seven (7) days prior to the hire date.
b. A security deposit equal to fifty percent (50%) of the Agreed Fee is to be paid at the time of booking the vessel (the Vessel). This deposit shall be payable to the bank account provided by the Service Provider to the Boat Hirer.
c. No booking will be confirmed until the security deposit has been received by the Service Provider.
d. In the event the Boat Hirer wishes to hire the Vessel for a half day or full day hire, the Boat Hirer shall be required to pay a $500.00 bond which shall be paid by the Boat Hirer into the Service Provider’s nominated bank account at least forty-eight (48) hours in advance of the booking. In the event of weekend and/or extended hire, the Boat Hirer shall be required to pay a bond in the amount of $1,000.00.
e. The Boat Hirer acknowledges that payment of the deposit shall constitute full acceptance of these terms and conditions.
f. The bond will be returned to the Boat Hirer via EFT within 48 hours of the Vessel being returned to the Boat Hirer on time, without damage and with the requisite fuel in accordance with these terms and conditions (see 3(o)).
3. Boat Hirer Responsibility
a. The Boat Hirer agrees to attend fifteen (15) minutes (Bluefin) or thirty (30) minutes (Amara) before the allocated booking time for compulsory induction. If the Boat Hirer fails to arrive within thirty (30) minutes of the agreed timeframe and unless contact is made with the Service Provider, the Service Provider has the right to re-book the Vessel and all payed amounts associated with the hiring of the boat shall be forfeited.
b. At all times the Vessel must be controlled by the holder of a current, valid Australian boat licence. The Boat Hirer agrees to comply with all state marine licensing rules.
c. The Boat Hirer agrees that it shall be prohibited from allowing any person to control the Vessel and shall be responsible for all occupants and their actions. The Boat Hirer agrees to provide a copy of the Boat Hirer’s current boat licence upon commencement of hiring the Vessel.
d. The Boat Hirer acknowledges and accepts that the use and operation of the Vessel, including for the purposes of water skiing, swimming, towing a tube and other such activities is subject to inherent risks and dangers. The Boat Hirer accepts those risks and agrees to indemnify the Service Provider for any losses suffered by the Hirer, any passengers or any third parties as a result of those risks and dangers occurring.
e. The Boat Hirer undertakes to advise all passengers of the risks and dangers associated with the use and operation of the Vessel prior to such passengers boarding the Vessel.
f. The Boat Hirer acknowledges and understands all safety material and briefings that have been presented to the Boat Hirer by the Service Provider prior to boarding the Vessel.
g. The Boat Hirer acknowledges that they have read, understood and agree to be bound by the terms and conditions of these terms and conditions and have made themselves familiar with both the location and content of the safety material on board.
h. The Boat Hirer agrees to ensure that all occupants on board the Vessel are made aware of and understand the safety material.
i. The Boat Hirer agrees to ensure that all children of the age of 12 and under shall be responsible for wearing life jackets at all times whilst upon the Vessel.
j. The Boat Hirer agrees that there shall be no smoking whilst on board the Vessel.
k. The Boat Hirer agrees that the person responsible for the Vessel shall remain under .05% blood alcohol limit whilst responsible for the Vessel in accordance with prescribed laws and regulations.
l. At no time shall the person responsible for the Vessel enable more than 4 persons on the Vessel (Bluefin) or 6 persons on the Vessel (Amara).
m. The Boat Hirer shall ensure that it has a means of communication from the Vessel at all times and agrees to remain in contact with the Service Provider as required by the Service Provider.
n. The Boat Hirer shall pay for any damage or loss caused to the Vessel (and any associated equipment or trailer) during the hire period.
o. The Vessel must be returned with a full tank of fuel. If not returned with a full tank of fuel, contrary to these terms and conditions, fuel shall be charged at $2.50 per litre with such cost to be taken out of the security bond (with the remainder of the bond to be returned to the Boat Hirer). This shall not apply to half day hires. The Boat Hirer acknowledges that no E10 fuel allowed. Should the incorrect fuel be used by the Boat Hirer, the Boat Hirer shall be liable for the costs to remove E10 fuel.
4. Towing the Vessel
a. If the Boat Hirer is towing the Vessel, the Service Provider must sight a current, valid Australian driver’s licence before towing the Vessel.
b. The Boat Hirer is responsible for providing a vehicle with a suitable and/or rated towing capacity for the weight of the intended Vessel.
c. The Boat Hirer shall be responsible for checking and ensuring that the tow vehicle meets the legal towing requirements of the Vessel.
5. Service Provider Services
a. Half day hires shall be on a walk on – walk off basis only. This means that the Vessel can only be launched and retrieved at West Beach boat ramp or North Haven boat ramp by the Service Provider.
b. The Service Provider can launch and retrieve the Vessel at the West Beach boat ramp or North Haven boat ramp for full day hires upon request.
c. The Service Provider can deliver and/or pick up the Vessel to any Adelaide metropolitan location within 20 kilometres of the Adelaide CBD for a fee of $50.00 each way.
6. Cancellation Policy
a. The Boat Hirer acknowledges that the booking may be cancelled at any time on the basis that seven (7) days’ notice is provided. The Boat Hirer further acknowledges that the Service Provider does not give refunds but that the deposit may be transferred for use at an alternative time.
b. Cancellation of a booking with less than seven (7) days’ notice shall result in forfeiture of the booking deposit.
c. The Boat Hirer acknowledges that the Service Provider may cancel a booking at any time in the event of unsafe weather conditions. The cancellation for unsafe weather may only be made by the Service Provider. In the event of cancellation in these circumstances, the deposit shall be transferred for use of the Vessel by the Boat Hirer at an alternative time. If the parties cannot agree on a mutually convenient date for an alternative booking, the Service Provider may elect to refund the deposit (at the Service Provider’s sole discretion).
7. Obligations as to Areas and Conditions of Operation
a. The Vessel shall only be permitted to be used in daylight hours. The Boat Hirer acknowledges that using the Vessel at night is prohibited and the Boat Hirer’s security bond will be forfeited in the event of use of the Vessel at night. The Boat Hirer acknowledges that there is a GPS tracker on the Vessel which can be used to monitor when the Vessel is in use including at night.
b. The Boat Hirer agrees that it shall not operate the Vessel (Bluefin) in conditions where sea waters exceed 15 knots and 1 metre swell and further, shall not operate the Vessel in poor weather conditions.
c. The Boat Hirer agrees that it shall not operate the Vessel (Amara) in conditions where sea waters exceed 20 knots and 2 metre swell and further, shall not operate the Vessel in poor weather conditions.
d. The Boat Hirer agrees that the Vessel (Bluefin) shall not be operated outside the designated areas (D and E waters) as set out in the safety material to be provided on the Vessel.
e. The Boat Hirer agrees that the Vessel (Amara) shall not be operated outside the designated areas (C, D and E waters) as set out in the safety material to be provided on the Vessel.
f. The Boat Hirer acknowledges that using the Vessel in conditions that are prohibited shall result in the Boat Hirer’s security bond being forfeited.
8. Penalty Payments
a. The Boat Hirer acknowledges that any damage to the Vessel will be paid out of the security bond. This security bond shall cover insurance excess and lost revenue caused by any damage sustained.
b. Should the Vessel not be returned within the agreed time stipulated and the Service Provider is unable to contact the Boat Hirer, it will be deemed that the Vessel has been lost or stolen and the Security Provider shall take steps to regain possession including police action.
c. An additional cost will be charged for a late return in the amount of $50.00 per hour if such late return has not been previously agreed or arranged with the Service Provider.
d. The Boat Hirer agrees that it shall be responsible for paying any penalty issued by a government authority (Authority).
9. Entire Agreement
a. These Terms and Conditions constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this contract, whether orally or in writing.
b. By signing these Terms and Conditions, the Boat Hirer agrees to be bound by the content therein.
10. Collection costs
a. In addition to any other amounts that the Boat Hirer may have agreed to pay, the Boat Hirer agrees to pay any expenses, costs or disbursements incurred by the Service Provider in recovering any outstanding monies, including debt collection, agency fees and legal fees incurred by the Service Provider from the Boat Hirer.
11. Limitation of liability
a. The Boat Hirer agrees to indemnify and hold harmless the Service Provider, its employees and associates from any loss, cost, damage or expense (including legal expense) whether that be direct, indirect or consequential resulting from the Boat Hirer’s activities or inactivity associated with the use of the Vessel pursuant to these terms and conditions.
b. In addition, and to the full extent permitted by law, the Service Provider’s total liability whether arising under contract, in tort by breach of statute (or liability under or implied by statute), or otherwise will not in any circumstances exceed the Agreed Fee in relation to the Services.
12. Force Majeure
a. The Service Provider shall not be liable to compensate the Boat Hirer for any loss suffered (including loss of revenue), consequential or otherwise, as a result of any delay or failure to perform its obligations in respect of the Services following the occurrence of an event that is beyond the Service Provider’s reasonable control.
b. These events include but are not limited to acts of God, war, strikes, black-outs, accidents, fire, natural catastrophes or other disasters.
13. Termination
a. The Service Provider may terminate this agreement at any time upon giving three (3) days’ notice. In the event of such termination any security bond paid will be returned to the Boat Hirer by the Service Provider.
14. Governing law
a. The agreement between the Service Provider and the Boat Hirer, its meaning and interpretation and the relationship between the parties are to be governed by the laws of the State of South Australia.
15. Alternative dispute resolution
a. If any dispute (Dispute) arises out of or in relation to this agreement the both parties agreed to comply with this clause.
b. A party claiming that a Dispute has arisen must give written notice (Dispute Notice) to the other party setting out the nature of the Dispute.
c. The parties must endeavour in good faith to settle the Dispute between themselves within seven (7) days of receipt of the Dispute Notice or such other period as agreed between the Parties.
d. If the Dispute is not settled in accordance with sub-clause (c), the parties agree to settle the Dispute by mediation administered by an agreed and qualified mediator.
e. The mediation will be held in Adelaide, South Australia, unless otherwise agreed.
f. The mediator’s decision will be final and binding on the parties.
g. Nothing in this clause prevents a party from seeking urgent interlocutory injunctive relief before an appropriate court.
The hirer will accept the consequences if he/she or any listed co-driver breach these conditions and will not be covered by insurance if found to be in breach of the conditions.
a. For the purpose of these Terms and Conditions BA Boat Hire Pty Ltd shall mean the Service Provider and the person hiring the boat shall mean the Boat Hirer.
2. Payment Terms
a. The agreed fee (the Agreed Fee) shall be payable by the Boat Hirer seven (7) days prior to the hire date.
b. A security deposit equal to fifty percent (50%) of the Agreed Fee is to be paid at the time of booking the vessel (the Vessel). This deposit shall be payable to the bank account provided by the Service Provider to the Boat Hirer.
c. No booking will be confirmed until the security deposit has been received by the Service Provider.
d. In the event the Boat Hirer wishes to hire the Vessel for a half day or full day hire, the Boat Hirer shall be required to pay a $500.00 bond which shall be paid by the Boat Hirer into the Service Provider’s nominated bank account at least forty-eight (48) hours in advance of the booking. In the event of weekend and/or extended hire, the Boat Hirer shall be required to pay a bond in the amount of $1,000.00.
e. The Boat Hirer acknowledges that payment of the deposit shall constitute full acceptance of these terms and conditions.
f. The bond will be returned to the Boat Hirer via EFT within 48 hours of the Vessel being returned to the Boat Hirer on time, without damage and with the requisite fuel in accordance with these terms and conditions (see 3(o)).
3. Boat Hirer Responsibility
a. The Boat Hirer agrees to attend fifteen (15) minutes (Bluefin) or thirty (30) minutes (Amara) before the allocated booking time for compulsory induction. If the Boat Hirer fails to arrive within thirty (30) minutes of the agreed timeframe and unless contact is made with the Service Provider, the Service Provider has the right to re-book the Vessel and all payed amounts associated with the hiring of the boat shall be forfeited.
b. At all times the Vessel must be controlled by the holder of a current, valid Australian boat licence. The Boat Hirer agrees to comply with all state marine licensing rules.
c. The Boat Hirer agrees that it shall be prohibited from allowing any person to control the Vessel and shall be responsible for all occupants and their actions. The Boat Hirer agrees to provide a copy of the Boat Hirer’s current boat licence upon commencement of hiring the Vessel.
d. The Boat Hirer acknowledges and accepts that the use and operation of the Vessel, including for the purposes of water skiing, swimming, towing a tube and other such activities is subject to inherent risks and dangers. The Boat Hirer accepts those risks and agrees to indemnify the Service Provider for any losses suffered by the Hirer, any passengers or any third parties as a result of those risks and dangers occurring.
e. The Boat Hirer undertakes to advise all passengers of the risks and dangers associated with the use and operation of the Vessel prior to such passengers boarding the Vessel.
f. The Boat Hirer acknowledges and understands all safety material and briefings that have been presented to the Boat Hirer by the Service Provider prior to boarding the Vessel.
g. The Boat Hirer acknowledges that they have read, understood and agree to be bound by the terms and conditions of these terms and conditions and have made themselves familiar with both the location and content of the safety material on board.
h. The Boat Hirer agrees to ensure that all occupants on board the Vessel are made aware of and understand the safety material.
i. The Boat Hirer agrees to ensure that all children of the age of 12 and under shall be responsible for wearing life jackets at all times whilst upon the Vessel.
j. The Boat Hirer agrees that there shall be no smoking whilst on board the Vessel.
k. The Boat Hirer agrees that the person responsible for the Vessel shall remain under .05% blood alcohol limit whilst responsible for the Vessel in accordance with prescribed laws and regulations.
l. At no time shall the person responsible for the Vessel enable more than 4 persons on the Vessel (Bluefin) or 6 persons on the Vessel (Amara).
m. The Boat Hirer shall ensure that it has a means of communication from the Vessel at all times and agrees to remain in contact with the Service Provider as required by the Service Provider.
n. The Boat Hirer shall pay for any damage or loss caused to the Vessel (and any associated equipment or trailer) during the hire period.
o. The Vessel must be returned with a full tank of fuel. If not returned with a full tank of fuel, contrary to these terms and conditions, fuel shall be charged at $2.50 per litre with such cost to be taken out of the security bond (with the remainder of the bond to be returned to the Boat Hirer). This shall not apply to half day hires. The Boat Hirer acknowledges that no E10 fuel allowed. Should the incorrect fuel be used by the Boat Hirer, the Boat Hirer shall be liable for the costs to remove E10 fuel.
4. Towing the Vessel
a. If the Boat Hirer is towing the Vessel, the Service Provider must sight a current, valid Australian driver’s licence before towing the Vessel.
b. The Boat Hirer is responsible for providing a vehicle with a suitable and/or rated towing capacity for the weight of the intended Vessel.
c. The Boat Hirer shall be responsible for checking and ensuring that the tow vehicle meets the legal towing requirements of the Vessel.
5. Service Provider Services
a. Half day hires shall be on a walk on – walk off basis only. This means that the Vessel can only be launched and retrieved at West Beach boat ramp or North Haven boat ramp by the Service Provider.
b. The Service Provider can launch and retrieve the Vessel at the West Beach boat ramp or North Haven boat ramp for full day hires upon request.
c. The Service Provider can deliver and/or pick up the Vessel to any Adelaide metropolitan location within 20 kilometres of the Adelaide CBD for a fee of $50.00 each way.
6. Cancellation Policy
a. The Boat Hirer acknowledges that the booking may be cancelled at any time on the basis that seven (7) days’ notice is provided. The Boat Hirer further acknowledges that the Service Provider does not give refunds but that the deposit may be transferred for use at an alternative time.
b. Cancellation of a booking with less than seven (7) days’ notice shall result in forfeiture of the booking deposit.
c. The Boat Hirer acknowledges that the Service Provider may cancel a booking at any time in the event of unsafe weather conditions. The cancellation for unsafe weather may only be made by the Service Provider. In the event of cancellation in these circumstances, the deposit shall be transferred for use of the Vessel by the Boat Hirer at an alternative time. If the parties cannot agree on a mutually convenient date for an alternative booking, the Service Provider may elect to refund the deposit (at the Service Provider’s sole discretion).
7. Obligations as to Areas and Conditions of Operation
a. The Vessel shall only be permitted to be used in daylight hours. The Boat Hirer acknowledges that using the Vessel at night is prohibited and the Boat Hirer’s security bond will be forfeited in the event of use of the Vessel at night. The Boat Hirer acknowledges that there is a GPS tracker on the Vessel which can be used to monitor when the Vessel is in use including at night.
b. The Boat Hirer agrees that it shall not operate the Vessel (Bluefin) in conditions where sea waters exceed 15 knots and 1 metre swell and further, shall not operate the Vessel in poor weather conditions.
c. The Boat Hirer agrees that it shall not operate the Vessel (Amara) in conditions where sea waters exceed 20 knots and 2 metre swell and further, shall not operate the Vessel in poor weather conditions.
d. The Boat Hirer agrees that the Vessel (Bluefin) shall not be operated outside the designated areas (D and E waters) as set out in the safety material to be provided on the Vessel.
e. The Boat Hirer agrees that the Vessel (Amara) shall not be operated outside the designated areas (C, D and E waters) as set out in the safety material to be provided on the Vessel.
f. The Boat Hirer acknowledges that using the Vessel in conditions that are prohibited shall result in the Boat Hirer’s security bond being forfeited.
8. Penalty Payments
a. The Boat Hirer acknowledges that any damage to the Vessel will be paid out of the security bond. This security bond shall cover insurance excess and lost revenue caused by any damage sustained.
b. Should the Vessel not be returned within the agreed time stipulated and the Service Provider is unable to contact the Boat Hirer, it will be deemed that the Vessel has been lost or stolen and the Security Provider shall take steps to regain possession including police action.
c. An additional cost will be charged for a late return in the amount of $50.00 per hour if such late return has not been previously agreed or arranged with the Service Provider.
d. The Boat Hirer agrees that it shall be responsible for paying any penalty issued by a government authority (Authority).
9. Entire Agreement
a. These Terms and Conditions constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this contract, whether orally or in writing.
b. By signing these Terms and Conditions, the Boat Hirer agrees to be bound by the content therein.
10. Collection costs
a. In addition to any other amounts that the Boat Hirer may have agreed to pay, the Boat Hirer agrees to pay any expenses, costs or disbursements incurred by the Service Provider in recovering any outstanding monies, including debt collection, agency fees and legal fees incurred by the Service Provider from the Boat Hirer.
11. Limitation of liability
a. The Boat Hirer agrees to indemnify and hold harmless the Service Provider, its employees and associates from any loss, cost, damage or expense (including legal expense) whether that be direct, indirect or consequential resulting from the Boat Hirer’s activities or inactivity associated with the use of the Vessel pursuant to these terms and conditions.
b. In addition, and to the full extent permitted by law, the Service Provider’s total liability whether arising under contract, in tort by breach of statute (or liability under or implied by statute), or otherwise will not in any circumstances exceed the Agreed Fee in relation to the Services.
12. Force Majeure
a. The Service Provider shall not be liable to compensate the Boat Hirer for any loss suffered (including loss of revenue), consequential or otherwise, as a result of any delay or failure to perform its obligations in respect of the Services following the occurrence of an event that is beyond the Service Provider’s reasonable control.
b. These events include but are not limited to acts of God, war, strikes, black-outs, accidents, fire, natural catastrophes or other disasters.
13. Termination
a. The Service Provider may terminate this agreement at any time upon giving three (3) days’ notice. In the event of such termination any security bond paid will be returned to the Boat Hirer by the Service Provider.
14. Governing law
a. The agreement between the Service Provider and the Boat Hirer, its meaning and interpretation and the relationship between the parties are to be governed by the laws of the State of South Australia.
15. Alternative dispute resolution
a. If any dispute (Dispute) arises out of or in relation to this agreement the both parties agreed to comply with this clause.
b. A party claiming that a Dispute has arisen must give written notice (Dispute Notice) to the other party setting out the nature of the Dispute.
c. The parties must endeavour in good faith to settle the Dispute between themselves within seven (7) days of receipt of the Dispute Notice or such other period as agreed between the Parties.
d. If the Dispute is not settled in accordance with sub-clause (c), the parties agree to settle the Dispute by mediation administered by an agreed and qualified mediator.
e. The mediation will be held in Adelaide, South Australia, unless otherwise agreed.
f. The mediator’s decision will be final and binding on the parties.
g. Nothing in this clause prevents a party from seeking urgent interlocutory injunctive relief before an appropriate court.
The hirer will accept the consequences if he/she or any listed co-driver breach these conditions and will not be covered by insurance if found to be in breach of the conditions.