Terms and Conditions Bare Boat Yacht Hire only
TERMS AND CONDITIONS OF CHARTER
1. The parties to this Hire Agreement are South West Yacht Charters Pty Ltd ACN. 097 629 555 (referred to in this Agreement as we, us or our) and You (your personal details are given above). The yacht which we will hire to You is referred to as the Yacht.
2. We agree to provide You with the use of the Yacht subject to the terms and conditions of this Agreement.
3. You authorize us to debit your credit card or you provide cash equivalent to $3000 which We agree to hold by way of security bond. If You, your agents or invitees, by your negligence or wilful act cause any damage or loss to the Yacht whilst on hire to You, You authorise us to pay for the cost of repairs or replacement to a maximum of $3,000.00 from the security bond.
4. As hirer of the Yacht, You agree:
4.1 To be responsible for and to pilot and skipper and take control of the Yacht at all times during the period of hire save in cases of emergency or for short periods when You are not reasonably able to retain control of the Yacht. If You want another person or persons to be able to pilot, skipper or control the Yacht, you must provide that person’s details to Us (including a completed Sailing Resume) and We will advise You in writing if we consent to that person being pilot, skipper or in control of the Yacht;
4.2 To use your best endeavors to keep the Yacht in the condition in which it was hired to You;
4.3 To keep the Yacht clean and not to dispose of non-perishable rubbish in the ocean;
4.4 Not to cause or to permit to be caused any loss or damage to the Yacht by wilful or negligent act or omission, whether by You, your agents or invitees;
4.5 To abide by usual sailing rules and laws of the sea and the publication which We will give You entitled “A Guide to the Operation of SWYC Vessels” and to apply at all times a level of seamanship and piloting knowledge and expertise reasonably expected of a competent and experienced seaman piloting and controlling a yacht of the type hired to You;
4.6 Not to drive the Yacht or allow or permit it to venture outside of an area defined by an arch extending from 1 nautical mile north of Port Bouvard to 1 nautical mile north of Cape Naturaliste and to stay within 5 nautical miles of the coast line;
4.7 Not to drive the Yacht or allow or permit it to be driven by any person or persons intoxicated or under the influence of alcohol or drugs;
4.8 Not to use the Yacht for any purpose other than for recreational hire and in particular, not to use the Yacht for commercial carriage of passengers or goods;
4.9 Not to allow or permit the Yacht to carry a greater number of passengers than that for which it is licensed and or designed;
4.10 To report any adverse situation or danger presenting a risk to the safety and condition of the Yacht as soon as is reasonably practicable after such risk becomes apparent;
4.11 To do all things which a reasonable and responsible skipper would do to ensure Your safety and the safety of your agents and invitees on the Yacht at all times during the period of hire;
4.12 If you cancel your Yacht hire booking with South West Yacht Charters after receiving confirmation of the booking and this is more than 60 days prior to commencement of the hire period you agree to pay an administrative fee of $100. If the cancellation is less than 60 days but more than 21 days prior to commencement of the hire, you agree to pay an administrative fee of $200. If you cancel your booking within 21 days of the commencement of the hire period you will pay the full hire fee to South West Yacht Charters unless South West Yacht Charters is able to rebook the vessel for an equal period.
5. You acknowledge that You must not sail the Yacht without Our consent or instruction if winds reach or exceed 25 knots or a strong wind warning is issued by the Bureau of Meteorology.
6. If weather prevents the commencement of hire for a period of longer than one (1) day, You will be entitled to rebook another hire period or to accept a refund of hire fees paid less $100.00 for administrative charges. You will be entitled to cancel the hire of the Yacht or to accept demurrage for the adverse weather until the weather clears and sailing can commence.
7. If the weather deteriorates after a hire of the Yacht has commenced, You will not be entitled to any refund of hire fees paid or charged, notwithstanding that You may be required to return the Yacht to a marina or to Our mooring during the period of adverse weather. You will have the option of:
• Extending your period of hire for the equivalent period of hire lost due to adverse weather subject to the availability of the yacht
• Accepting a credit note for hire of the yacht within a twelve month period for an equivalent number of days to those lost through adverse weather
8. If the Yacht suffers mechanical breakdown which is not due to the negligent operation of the Yacht by You or the acts of Your agents or invitees, You will be entitled to demurrage for lost days of hire.
9. You acknowledge that the permitted hours of operation of the Yacht are as set out by Us from time to time. You agree not to engage in sailing or powered movement outside of such times. You will anchor the Yacht in a mooring or marina approved by us prior to the time when sailing is to cease. We reserve the right to cancel the hire of the Yacht if You fail to adhere to this requirement and We reserve the right to forfeit any deposit paid by You and to charge You for the entire period of hire.
10. We reserve the right to charge You for service calls made to the Yacht in the event of breakdown of the Yacht which is caused by Your negligent or wilful act or omission or the negligent or wilful act or omission of Your agents or invitees and You agree to pay all such charges.
11. You agree to indemnify and keep indemnified Us from and against all liability suffered by Us as a result of or in connection with or arising out of your breach of these terms and conditions.
12. You agree to release us from all liability suffered by You, your agents or invitees as a result of or arising out of unseaworthiness of the Yacht.
13. You agree to show these terms and conditions to each and every person You allow on the Yacht and you agree to indemnify and keep indemnified Us from and against liability for loss and damage suffered by any person to whom You have not shown such terms and conditions where such loss and damage arises out of or in connection with the presence of such persons on the Yacht.
14. We are entitled to ask each passenger on the Yacht and each person who may be a passenger to sign a disclaimer of liability in relation to loss and damage (including death and personal injury) arising out of or in connection with the seaworthiness, condition and hire of the Yacht. You and each passenger on the Yacht acknowledge that sailing can be a dangerous activity and carries with it risks of loss and damage which You and each passenger accept personal responsibility and liability for.
15. We may give You instructions and directions, or we may place additional conditions in relation to your hire of the Yacht, by notice to You in writing and You agree to carry out and abide by all of such instructions, directions and conditions as though they were part of these terms and conditions.