Surtees 610 - High end aluminium family & fishing boat

Terms and Conditions The agreement will need to be signed off in person on arrival for the hire period. Signing this document in person means you are agreeing that you have read and understood the Terms and Conditions laid out by our company and agree to abide by them at all times. If unsigned the agreement can result in the hire period not taking place and forfeit of a refund. Conditions out of our control In the advent of adverse weather conditions or COVID-19 restrictions, we reserves the right to cancel the booking for safety reasons at any given time, in these instances an alternative hire date will be arranged. If an no date can we agreed on within reason, a refund may be given in accordance with the hirer cancels policy. Owner cancels booking Our company reserves the right to cancel a booking at any time and without warning with a full refund of any monies paid. Our company will not be liable for any cost incurred by the hirer. NON refundable cancelation Our company will cancel a booking and all monies paid will be forfeit in these cases such as : signs of complete incompetency, misleading our company, failing to pay the hire fee prior to the hire date, impaired in any way, disregard to safety and looking after equipment. Security Bond If the boat or any hire equipment has been damaged or lost the hirer will be notified and the costs will be charged to the credit card or deducted from the security bond paid. The security bond will only be processed if there is damage to the boat and equipment. If there is total loss of the vessel or damage cause by gross negligence Our company will involve the relevant authorities as these will not be covered under insurance. In case of major damage, the Hirer will be notified of the likely costs, this will be charged to (if applicable) to the hirer’s credit card or deducted from the security bond. See section on Insurance. Our company will refund the bond in full minus the cost to refuel, if the obligations and the responsibilities of the Hirer upon completion of the Hire have been met to the satisfaction of our company. Further fees Our company reserves the right to charge late fees for late returns. If the boat is returned more than 2 hours later that the agreed return time the Hirer will be charged an extra 50% of hire cost. Exceptions to this are circumstances beyond your control. In these circumstances our company reserves the right to treat each circumstance with discretion and determine wither to charge the Hirer or not. Insurance Our comprehensive insurance covers the hirer, for any loss theft or damage to the vessel, engine, trailer, and or its equipment – excess $2000 In the event of any loss, theft or damage to the vessel, engine, trailer and/or equipment that is covered by our company policies of insurance the hirer will be liable to pay the difference between the excess (insurance excess fee $2000) and the bond paid. The insurer will not cover negligence. Terms and Conditions These Terms and Conditions, together with any other written information our company provides before commencement of the booking, form the basis of the contract with our company, trading as our company. Please read the Terms and Conditions carefully. In these Terms and Conditions references to the Hirer includes the first-named person and/or the Skipper (if different from the named Hirer person), and all persons on whose behalf a booking is made and any other person to whom a booking is added or transferred. The Hirer must ensure that he/she and all persons named on the booking, and any other person to whom a booking is added or transferred (and where such a person is a minor, their parent or legal guardian), have read, understood and accepted these Terms and Conditions. By making a booking, the Hirer represents to us that they have complied with this requirement. HIRE CONDITIONS 1.1 Hire Agreement: Our company agrees to hire the vessel to the Hirer on the terms and conditions set out in this document as well as the agreement form completed and signed by the Hirer and/or the Skipper at the commencement of the hire (together referred to as “the Hire Agreement”). 1.2 Collection of Vessel: The vessel is hired to the Hirer on a day hire basis. The day hire period is from 7am to 7pm on the date of hire. Within this hire period the Hirer must allow approximately 1 hour following the commencement of the hire for a briefing and additional travel time to and from the boat launch site. This timeframe remains the same whether or not the Owner is delivering the vessel to and/or collecting the vessel from the launch site. 1.3 Return of Vessel: The vessel must be returned to the location set out in the delivery instructions at or before 7pm on the date of hire. If the vessel is returned after 7pm on the date of hire a late fee will be charged to the Hirer at the rate of $100.00 per half hour (“Late Fee”). If the vessel is returned later than 2 hours after the due time then the Owner shall be entitled to charge an additional 50%. If the Owner has received no contact from the Hirer by 7pm on the date of hire or 30 minutes following the pre-arranged off the water time, then the Owner shall initiate emergency procedures at the Hirer’s sole cost. Where the circumstances of the late return are due to circumstances outside of the Hirer’s control, then the Owner may decide to waive the late fee and any other costs at the Owner’s sole discretion. Upon the return of the vessel the Hirer shall ensure that all rubbish is removed from the vessel and disposed of appropriately at the Hirer’s cost. 1.4 Designated Areas and Itinerary: The Hirer must only operate the vessel within the designated areas specified in the Boat’s Manual. The Hirer must advise Our company of the itinerary and location of the Hirer’s planned trip prior to collecting the vessel. The Hirer must advise Our company of any changes to this itinerary throughout the hire period. The Hirer acknowledges that Our company will track the vessel using GPS throughout the hire period in order to monitor the position of the vessel. 1.5 Number of Passengers: The Hirer must obtain our company’s prior approval of the number of passengers to be on board the vessel during the hire (including the Hirer), and shall ensure that the number of passengers on board the vessel does not exceed the number approved by Our company. 1.6 The Hirer shall pay for all petrol used by the vessel during the hire period The vessel will be given to the hirer with a full 200 fuel tank with 91 octane petrol. The Hirer can return the vessel with a full fuel tank with only 91 octane to be used. This ensures the hirer only pays for the fuel they have used. If the vessel is not returned full of fuel, the owner reserves the right to charge the hirer for fuel by refueling and on charging the hirer the pump price per litre added. This will be subtracted from the bond or processed against the credit card. 1.7 Payment: The Hirer must make full payment to our company prior to the commencement of the Hire in accordance with the payment details provided to the Hirer and the terms set out in the Hire Agreement. 1.8 Damage: The Hirer must immediately advise our company if the vessel is damaged or requires repair or salvage, and shall immediately return the vessel to Our company at the place of delivery or any other place agreed to by our company. 1.9 Use of Vessel and Hired Equipment: The Hirer warrants that all persons who use the vessel and/or the hired equipment shall, in respect of the vessel and/or hired equipment: (a) be competent and qualified in their use; (b) shall only use them in the manner for which they were designed to be used; (c) shall follow any directions from our company, authorities, code of practice and/or the manufacturer relating to the use and safety of them; and (d) shall comply with all obligations in relation to the use and control of them and the persons using them in accordance with the health and Safety at Work Act 2015 (if applicable) and all other relevant legislation and applicable regulations. 1.10 Medical Conditions: The Hirer and the Skipper warrant that they have disclosed the presence of any medical condition suffered by the Hirer and/or Skipper that may impact in any way upon the safe operation or use of the vessel or hired equipment. 2. SKIPPER’S OBLIGATIONS 2.1 Obligations of Skipper: Where the Hirer is different from the person who will be handling, navigating and controlling the vessel during the hire period (“the Skipper”), then both the Hirer and the Skipper shall be obliged to meet the obligations set out in these Terms & Conditions. Both the Hirer and the Skipper (if different persons) will be asked to sign a copy of these Terms and Conditions. 2.2 Identity of Skipper: The Skipper must be 25 years of age or older and must if requested by our company provide proof of the Skipper’s identity and age in the form of New Zealand Government-Issued photo identification such as a Driver’s License or Passport. 2.3 Control of Vessel and observance of Laws: The Skipper shall maintain control of the vessel at all times and shall ensure that all passengers of the vessel comply with all relevant New Zealand laws and regulations including but not limited to the Maritime Transport Act 1994 and any Regulations made under that Act, and the Health and Safety at Work Act 2015. Any passenger under the age of 18 years old shall be supervised at all times by the Skipper or another adult passenger. 2.4 Prohibited Activities: Whilst in control of the vessel the Skipper must: (a) remain sober and free from the influence of alcohol, drugs or any other intoxicating substance; (b) not allow smoking by any passenger on board the vessel; (c) not allow any passenger to possess or use a firearm on board the vessel; (d) not operate or permit the vessel to be operated in any race, speed test or competition; (e) not allow the vessel to propel or tow any other vessel or object other than those vessels or objects supplied by the Owner for that express purpose; (f) ensure that life jackets provided are worn by all passengers on board the vessel at all times. (h) ensure that proper and reasonable care is taken in the use, handling, mooring and storage of the vessel; (i) not operate the vessel in darkness unless there is an emergency or the Skipper has the express prior permission of our company; (j) not allow the VHF Radio to be used for transmission other than in an emergency unless the user is a licensed VHF Radio Operator; (k) not allow the vessel to be used for the carriage of passengers for hire or reward; (l) not cross the pauanui/Tairua bar unless the Skipper meets the following requirements: (i) At least 1 year of experience crossing bars; and (ii) Membership of Coastguard; and (iii) Holder of a VHF License. 4. CANCELLATION 4.1 Our company’s Right to Cancel: Our company may in our company’s sole discretion terminate the Hire Agreement by notice with immediate effect in the following circumstances: (a) If the vessel is unavailable for hire; (b) Adverse weather conditions; (c) If at the commencement of the hire our company is not satisfied with the ability of the Hirer or the Skipper (if a different person) to handle, navigate and/or respect the vessel; (d) If at any time during the hire period the Hirer and/or the Skipper endanger themselves, the vessel or a third party; (e) If the Hirer and/or Skipper commit any breach of these terms and conditions. 4.2 Cancellation without refund: If paragraphs 4.1(d) and/or (e) of these terms and conditions apply, then our company may terminate the Hire Agreement and require the Hirer to return the vessel to the launching site without the Hirer being entitled to any payment of compensation or refund of the Hire Fee. 4.3 Cancellation by Hirer: Our company reserves the right to charge a Cancellation Fee In circumstances where the Hirer cancels the hire of the vessel as follows: (a) If cancellation is notified to our company up to (but not including) 30 – 14 days prior to the date of hire then our company shall refund the Hire Fee to the Hirer less a Cancellation Fee of $100.00; (b) If cancellation is notified to our company between less than 14 days prior to the date of hire (inclusive) then our company will charge up to P of hire fee. 4.4 Alternative Booking: Where our company receives notice of cancellation from the Hirer, our company will endeavour to accommodate an alternative hire period for the Hirer of the same value and within reason, provided however that our company shall not be obliged to do so. 5. INDEMNITY 5.1 Indemnification of our company: The Hirer indemnifies our company from and against all claims, actions, costs, liabilities and losses incurred or suffered by the Owner (including legal costs) as a result of any claim made by a third person against our company in respect of any loss or liability arising from the Hire Agreement or arising out of the use of the vessel or hired equipment hired by the Hirer, except where the loss or liability has arisen due to the negligence of our company or where our company has wilfully, negligently or recklessly supplied a defective vessel or equipment to the Hirer. 5.2 Illegal Fishing: To the full extent permitted by law, the Hirer indemnifies our company from and against all fines and the seizure or confiscation of the vessel or hired equipment arising from any illegal use of the vessel or hired equipment by the Hirer, including but not limited to fishing in prohibited or restricted areas or non-compliance with any recreational fishing size and catch limits imposed under the Fisheries (Amateur Fishing) Regulations 2013 or any other legislation. (our company will report catch as per Fisheries requirements for amateur fishing vessels 5.3 Consumer Guarantees Act 1993: Insofar as the Hirer is a consumer, the Hirer is entitled to certain rights and remedies under the Consumer Guarantees Act 1993 (“the CGA”). For the avoidance of doubt, nothing in the Hire Agreement affects, or attempts to exclude in any way, the Hirer’s rights under the CGA. 5.4 Limitation of Liability: Other than for claims made under the Consumer Guarantees Act 1993, the maximum aggregate liability of our company for all claims made by the Hirer will not exceed the Hire Fee paid by the Hirer to our company pursuant to the Hire Agreement, except where such liability arises as a result of the negligence of our company or where our company has wilfully, negligently or recklessly supplied a defective vessel or equipment to the Hirer. 6. INSURANCE 6.1 Our company’s Insurance: Our company has taken out policies of insurance to cover the Hirer for loss or damage to the vessel and equipment and public liability insurance subject to the terms of the Hire Agreement. 6.2 Insurance Excess: The Hirer shall pay an insurance excess fee of $2000.00 (“Insurance Excess Fee”) to our company in the event of any loss, theft or damage to the vessel or equipment that is covered by our company’s policies of insurance. 6.3 Hirer Limitation of Liability: Subject to the exclusions set out at paragraph 6.4, the Hirer shall not be liable to our company for any loss of or damage to the vessel or hired equipment during the period of hire to the extent that the loss or damage is covered by our company’s policy of insurance, provided that: (a) the Hirer has at all times acted reasonably and with reasonable care; (b) the Hirer has delivered to our company (within 12 hours of the time when the Hirer first becomes aware of the loss of or damage to the vessel or hired equipment) a complete, correct, written report of the circumstances of such loss of or damage to the vessel or hired equipment, including, in the case of any loss appearing to result from any criminal act, an applicable police complaint acknowledgement form; (c) the Hirer has complied with the Hirer’s obligations under the Hire Agreement; (d) the Hirer has assisted our company (on our company’s reasonable request) for the purposes of enabling our company to recover such loss or damage; (e) the Hirer has paid the Insurance Excess Fee to our company. 6.4 Exclusions to Insurance Cover: The Hirer shall be fully liable to our company for any loss or damage to the vessel or hired equipment in the following circumstances: (a) theft of or criminal damage to the vessel or hired equipment unless reasonably locked and secured; (b) damage or loss due to misuse, abuse or overloading of the vessel or hired equipment or failure to take reasonable care of it (including any overloading of any motors or other electrical appliances or devices); (c) damage caused to tyres or tubes by blowout, bruises, cuts, kerbing or other causes arising from the use of the vessel trailer; (d) loss or damage to the vessel or hired equipment arising from a breach of the Hire Agreement by the Hirer; (e) loss or damage to the vessel or hired equipment in violation of any statute, regulation or by-law; (f) where, as a consequence of the Hirer’s use of the vessel or hired equipment, our company does not receive payment in full from our company’s insurer; (g) where any loss or damage to the vessel or hired equipment occurs as a result of the negligent or reckless acts or omissions of the Hirer. 6.5 Damage or Loss during Transit: The Hirer shall not be covered by our company’s policies of insurance in respect of damage or loss caused to the vessel or hired equipment during transit to or from the water in which case the driver and/or owner of the vehicle towing the vessel shall be responsible for any insurance claims under their own policy of insurance. The Hirer agrees to indemnify the our company against the cost of repairing such damage caused to the vessel or hired equipment, or replacing the vessel or hired equipment if lost, if the driver and/or owner of the vehicle is unable to obtain cover under their policy of insurance. 6.6 No third party cover: our company’s insurance policies do not cover the Hirer for loss or damage caused to third parties, and any such loss or damage shall be the sole responsibility of the Hirer in all respects. 7. OWNERSHIP OF VESSEL 7.1 Title: The Hirer acknowledges that title to the vessel and hired equipment remains with our company at all times. 8. PRIVACY POLICY 8.1 Collection of Personal Information: Our company requires personal information and will collect and hold personal information about the Hirer, principally for the purpose of evaluating the hire of the vessel and hired equipment by the Hirer. The Hirer’s application to hire the vessel may be declined or the Hire Agreement terminated by our company if the Hirer fails to provide the requested personal information. The Hirer can access and seek correction of any personal information by contacting our company. The Hirer agrees that its personal information may be used by our company to advise the Hirer of our company’s other goods and services. The Hirer authorizes the disclosure to our company of personal information held by any other party regarding any previous hire contracts entered into by the Hirer. 8.2 Authority to Disclose: The Hirer and each other person who signs the application for hire (including, if a different person, the Skipper) authoriZes our company to disclose the personal information to: (a) debt collection agencies in the event that they Hirer defaults in the payment of any monies owing to our company under the Hire Agreement; (b) other parties involved in an accident with the vessel or hired equipment during the hire period; and (c) any organisations responsible for the processing or handling of traffic or maritime related infringements.