Terms and Conditions

1. OUR CONTRACT

These Terms and Conditions govern Your use of the Site and all services made available to You through the use of the Site, including Your agreement to hire a Vessel from Coastal Boat Hire and Your participation in the Activities.

Together with Our Privacy Policy, these Terms and Conditions create a legally binding agreement between Us and You (Agreement) and will apply to all Services from Us and Your use of the Site. By using the Site You are agreeing to comply with and be bound by these Terms and Conditions including those additional terms and conditions and policies referenced herein and/or available by request.

2. DEFINITIONS AND INTERPRETATION

In these Terms:

(a) ACL means the Australian Consumer Law contained in Schedule 2 of the CCA as amended, re-enacted or replaced, and includes any subordinate legislation.

(b) Activities means the hire and use of a Vessel and any related equipment (e.g. personal floatation devices, trailer equipment attachments) owned by Coastal Boat Hire.

(c) Additional Fees means additional fees incurred by Coastal Boat Hire where You exceed the Hire Period without extending the Hire Period with Coastal Boat Hire’s prior consent, and fees such as cleaning and repair fees as set out on in these Terms & Conditions or advised by Coastal Boat Hire from time to time.

(d) Booking Form means a document or electronic form which Coastal Boat Hire may require the You to complete and sign which includes particulars of You, Participants, Skipper, Vessel, the Hire Period and such other information as Coastal Boat Hire may require.

(e) CCA means the Competition and Consumer Act 2010 (Cth) as amended, re-enacted or replaced, and includes any subordinate legislation.

(f) Claim includes any claim, including but not limited to a notice, demand, debt, account, action, expense, damage, cost, lien, liability, proceeding, litigation (including reasonable legal costs), investigation or judgment of any nature, whether known or unknown.

(g) Commencement means the actual time and date when the Participants take possession of a Vessel.

(h) Coastal Boat Hire means Coastal Boat Hire Pty Ltd ACN 648 694 437.

(i) GST has the meaning given in GST Law.

(j) GST Law has the meaning given in A New Tax System (a Goods and Services Tax) Act 1999 (Cth).

(k) Hirer, You, Your, Yourself means the person or company named in the Booking Form, who is also a Participant.

(l) Hire Bond means the security bond You must pay Coastal Boat Hire via credit card (or other means as agreed with Coastal Boat Hire) as security for any damage or loss caused to the Vessel or any Additional Fees which are not otherwise paid.

(m) Hire Fee means the amounts shown on the Booking Form or during the booking process payable by You to hire a Vessel.

(n) Hire Period means the time period on the booking date which You has selected and Coastal Boat Hire has confirmed during which You may use the Vessel.

(o) Location means the location from which the Vessel is hired and where it may be used as set out in the Booking Form.

(p) Loss means any damage, loss, liability, expense or cost whether direct or indirect, consequential or incidental.

(q) Participant means any passenger which uses the Vessel, including You and the Skipper, as listed on the Booking Form.

(r) Safety Briefing means the initial instruction and briefing which Coastal Boat Hire must provide to all Participants prior to boarding a Vessel in any form, whether electronic, orally or otherwise.

(s) Site means Coastal Boat Hire’s website namely https://coastalboathire.com.au/.

(t) Skipper means the person, over 18 years and holds a valid boating license, who is nominated by You on the Booking Form as being the authorised driver of the Vessel.

(u) Vessel means the electric boats owned by Coastal Boat Hire and includes any related equipment (i.e. personal floatation devices) supplied by Coastal Boat Hire.

(v) We, Us, Our means Coastal Boat Hire Pty Ltd ACN 648 694 437.

3. HIRE OF THE VESSEL

In consideration of You agreeing to pay the Hire Fee and the Hire Bond, Coastal Boat Hire agrees to hire a Vessel to You at the Location for the Hire Period in accordance with these Terms and Conditions. Coastal Boat Hire will provide confirmation to You via email where it accepts Your request to hire a Vessel. Where a booking request is not confirmed, Coastal Boat Hire is under no obligation to hire a Vessel to You. Title in a Vessel remains with Coastal Boat Hire at all times during the Hire Period. Risk in a Vessel lies with You at all times from Commencement until the end of the Hire Period.

4. FEES AND CONDITIONS OF BOOKING

You must pay the Hire Fee in full upon booking. Once payment is received, Your booking will be confirmed via email. By paying the Hire Fee You agree to all the terms and conditions written within Our policies and Safety Briefing.

You must hold a valid boat licence and tow vehicle, and must correctly complete the Booking Form, including listing the correct number of Participants, nominating a Skipper and selecting a Hire Period. The Customer and/or the Skipper may be required to provide identification documents to Coastal Boat Hire at the time of hire and evidence of a current, valid marine licence.

Prices are in Australian dollars.

Payment can be made by Credit/Debit Card processing or Bank transfer.

All prices listed on the website and advertising material are subject to change without notice and are currently inclusive of GST.

Additional Fees may apply to Your order under certain circumstances, some of which are listed below. The Additional Fees listed below are guidelines and are subject to change at Coastal Boat Vessel Hire’s discretion in accordance to each hire situation.

1. $150 – Propeller Strike to Vessels

2. $110 – Administration fee, applied at the discretion of Coastal Boat Hire

3. $50 – Per item of property of Coastal Boat Hire removed from any Vessel. If value of item removed is greater than $50, additional fee will be applied in proportion to the item removed.

a. Including but not limited to:

b. Life jackets

c. Electric motor

d. Sounder

4. $250 – The Vessel is certified to operate in smooth waters. The Vessel must only be operated within the locations listed MSQ website. Leaving these designated operational areas of the Vessel will attract this additional fee.

5. $POA – The amount to cover Coastal Boat Hire’s insurance excess in the event of a minor/major accident caused or contributed to by you.

6. $POA – Fines incurred during hire applied by any/all Law Authorities to be paid by Hirer. Fines cannot be transferred on to Coastal Boat Hire

5. RESCHEDULING & CANCELLATION POLICY

You can reschedule the booking to an alternative date (subject to availability) at no charge up to 7 days prior to the Hire Period. You may only reschedule a maximum of two times. Rescheduling within 7 days (subject to availability) prior to the Hire Period may attract a rescheduling fee.

We reserve the right to change the date or time on which the Vessel is provided due to severe weather conditions or other extenuating circumstances. If We determine that the conditions and/or forecast at the scheduled time of the hire are unsafe for hire of the Vessel, a reschedule or refund will be offered. Local conditions are to be assessed and determined by Coastal Boat Hire’s staff on the day of the scheduled Hire Period.

If You cancel Your booking more than 7 days before Your Hire Period, Your payment will be refunded in full.

If You cancel Your booking less than 7 days prior to the hire date, only 50% refund will be provided.

If You do not attend for Your scheduled Hire, all funds paid will be forfeited.

6. Consumer Guarantees and Warranties

We do not make or provide any warranty or other representation, other than those expressly provided to You in writing.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

1. to cancel your service contract with us; and

2. to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

Except as set out in these in these terms and conditions or otherwise expressly agreed in writing between the parties, all conditions, representations, warranties, terms and undertakings (whether express or implied), are excluded to the fullest extent permitted by law.

Nothing in these Terms and Conditions is intended to have the effect of contracting out of any applicable provisions of the CCA (including the ACL) or the Fair Trading Act 1989 (Qld), except to the extent permitted by those Acts.

7. COMMUNICATION

The staff at Coastal Boat Hire will not endure hostile, abrupt or disgruntled communications/interactions with You. All communications and interactions between You and staff are to be done in a professional and safe manner. Verbal and physical bullying is highly inexcusable and will be reported to the authorities if necessary. Coastal Boat Hire has the right to refuse and cancel bookings at any time if any party feels threatened or vulnerable.

8. ARRIVAL TIMES

All Participants are required to arrive minimum ten minutes prior to their confirmed booking departure time in order to complete the safety and vessel operations briefing. If all the Participants do not arrive within thirty minutes from the confirmed booking departure time then We have the right to re-book the Vessel and all paid monies will be forfeited.

9. OPERATING CONDITIONS

You must:

(a) satisfy Yourself at the Commencement that the Vessel is suitable for your required purposes. You must notify Coastal Boat Hire prior to using the Vessel for any apparent, damage, defects, hazards or risks identified with the Vessel, or otherwise it will be deemed that the Vessel is in good working order and without damage during the Hire Period.

(b) ensure that all Participants are suitably instructed of the safe and proper use of the Vessel and have participated in the Safety Briefing;

(d) ensure that the weight and/or person limits of the Vessel do not exceed the capacity limits as advised by Coastal Boat Hire when completing the Booking Form. Coastal Boat Hire reserves the right to refuse to hire a Vessel where it believes the limit capacity for a Vessel will be exceeded;

(e) immediately report and provide full details to Coastal Boat Hire as soon as any accident or damage occurs in respect of a Vessel;

(f) return the Vessel to Coastal Boat Hire in a clean state and good working order. In the event a Vessel is not returned clean and in good working order, Coastal Boat Hire may charge and the Customer must pay Additional Fees for all cleaning and repair costs incurred by Coastal Boat Hire;

(g) return the Vessel to Coastal Boat Hire’s nominated location immediately if requested;

(h) nominate a Skipper on the Booking Form who must be at least 18 years or over, have a valid boat licence, and physically capable of operating the Vessel and who must not be under the influence of drugs or have alcohol present in his/her system at any time during the Hire Period in excess of 0.05% blood alcohol content. We reserve the right to refuse to hire a Vessel to You where the nominated Skipper is not present at the confirmed departure time of the Hire Period, or where the nominated Skipper displays signs of being intoxicated, under the influence of drugs, fails to comply with the instructions or directions of Coastal Boat Hire, or in Coastal Boat Hire’s reasonable opinion is otherwise unsuitable to operate the Vessel;

(i) ensure the Skipper does not exceed the geographical limits of operation as per Vessel operating area (as advised by Coastal Boat Hire either at the time of booking, or on the day of the period of hire).

(j) Ensure the Skipper keeps an appropriate distance from other boats/vessels;

(k) Comply with all Maritime Safety Queensland legislation, regulations and standards. For example, the operation of the Vessel must comply with the requirements of the vessel operation and/or survey certificate including types of, and distances of operation.

The Participants must not:

(a) tamper with, damage or attempt to repair a Vessel without the prior consent of Coastal Boat Hire;

(b) lose or part with possession of a Vessel;

(d) allow any person other than those nominated on the Booking Form to operate the Vessel;

(e) Dive off or swim from the Vessel;

(f) dispose of any rubbish from the Vessel into the water;

(g) tow any boats and/or person from the Vessel.

10. BOUNDARIES AND REQUIREMENTS

Coastal Boat Hire has designated operational areas as per each vessels’ operation of certification applied by Maritime Safety Queensland which are available to view on the Site. Skippers are not to leave the designated operational zones. If this is breached (including but not limited to poor navigation, inexperience and/or ignorance), You do so at Your own risk, expense and consequence (i.e. will be responsible for any Loss e.g. rescue fees, repairs and fines). Fines and rescue fees incurred during hire applied by any/all law authorities to be paid by You.

11. RETURN CONDITIONS

Vessels are expected to be returned with a full tank of premium fuel, all rubbish and fish/bait removed no later than 6.00pm, unless otherwise agreed. You must complete a full clean of each vessel post hire. All vessels are inspected with upon return to ensure no loss, theft or damage has occurred while on hire. Please inform a Coastal Boat Hire representative if any damage has occurred or if something not quite working to standard was noticed. You must pay for any damage or losses caused to the Vessel during the Hire Period.

12. LOSS AND THEFT

You must pay for any Loss caused to the Vessel during the Hire Period. If there is any damage to the Vessel beyond normal wear and tear, the cost of repairs shall be applied and payable immediately inclusive of a $100 administration fee. In the event there is an accident while towing the Vessel, You are solely responsible for any damage/write off expenses caused to Our property. The Hire Bond will be retained in full in the event of an accident.

13. TOWING VESSEL ON TRAILER

A Coastal Boat Hire representative will supply the correct trailer connections, keys and locking devices for the trailer when not in use. You are responsible for checking and ensuring that Your towing vehicle meets the legal towing requirements of the Vessel. You agree to tow the Vessel below 100kmph and will ensure that the Vessel is firmly strapped to the trailer at all times with the Bimini cover down while in transit. You must have current comprehensive car insurance to cover Coastal Boat Hire’s trailer and vessel while being towed by You or a Participant. In the event on an incident, the Participant is solely responsible for any damage/write off expenses caused to Coastal Boat Hire’s property. The Hire Bond will be retained in full in the event of an accident.

You must provide us with evidence of your insurance policy prior to taking delivery of the Vessel.

14. HIRE’S ACKNOWLEDGEMENT

You acknowledge and agree that:

(a) You accept the consequences if You or any listed Participant breach these conditions.

(b) You will assume all risks and liabilities for any Loss to the vessel, or its equipment, or damage/injury/death to another party.

(c) You must pay penalty notices if issued by any officials during the Hire Period. If You have presented a credit card for payment, all amounts payable under the agreement and for any road or water violations may be billed to the credit card or deducted from the Hire Bond.

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Coastal Boat Hire and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any and all third party Claims Claim arising out of Your use or misuse of the Vessel, or Your breach of these Terms and Conditions or the documents they incorporate by reference.

16. MISCELLANEOUS

Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel bookings if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted Your booking request).

We undertake no obligation to update, amend or clarify information or on any related website, including without limitation, pricing information, except as required by law.

17. CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms & Conditions at any time. We reserve the right to amend these Terms and Conditions from time to time. We will notify you of any changes to our Terms and Conditions if you have made a booking with us. Amendments will be effective immediately upon notification on the Website. If any amendments to the Terms & Conditions cause you to suffer any loss, then you may cancel your Booking with no consequence. Your continued use of or access to our Website or the Service following the notification of any changes to these Terms & Conditions constitutes acceptance of those changes.

18. GOVERNING LAW

This Agreement is governed by the laws of Queensland, Australia.

19. CONTACT INFORMATION

Questions about the Terms and Conditions should be directed to info@coastalboayhire.com.au

20. GENERAL DISCLAIMER

The content of The Site is for Your general information and use only. It is subject to change without notice. We do not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on The Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

The Site may also include links to other documents/websites, which are not operated by Us. These links are provided for Your convenience to provide further information. We have no control over the third party linked sites and accept no responsibility for them or for any Loss that may arise from Your use of them. Your use of the third party linked sites will be subject to the Terms of Use contained within each such site.