TERMS AND CONDITIONS FOR SELF DRIVE BOATS (POLYCRAFTS AND PONTOONS) Bond For security purposes only a credit card can be used to provide a Bond. The Hirer (as defined in paragraph 11 of the Booking) must produce his, her or their valid credit card(s) and must be present and sign for the Bond upon collection of the boat. Each such person constituting the Hirer is jointly and separately liable for any damage to the Hire Equipment. The Bond is fully refundable when the Hire Equipment is returned to the Drop off address (specified in paragraph 8 of the Booking) on time, with the boat fuel tanks full of fuel and all other terms of the Agreement fully complied with. If there is any damage to the Hire Equipment on its return or if there have been any other breaches of this Agreement on the part of the Hirer the Bond will be used to cover the costs of such damage and/or breach up to the amount of liability under the Bond specified in this paragraph 3 of the Booking. If the amount of liability under the Bond is insufficient to cover the combined total of such damage and liability then the balance will be charged. Liability under the Bond capped at: ‌ $350 for Bowrider 40HP JOY‌ $500 for Bowrider 100HP (Mary and Speedy) and Pontoon Boats‌ Condition of Boat To the best of the Owner’s knowledge and belief the boat is in a sound and safe condition free of any known defects or faults that would affect its safe operation under normal use and weather conditions. Qualifications The Hirer acknowledge that he/she is the holder of a current, non-endorsed, non-suspended licence to navigate the hired class of Boat. The Hirer acknowledges that during the hiring the Boat will be navigated by the Hirer and by no other person. Term of Hire The Owner agrees to hire the Hire Equipment to the Hirer as shown in 2. Booking Pick up Address: 84 New Quay Promenade Docklands Drop off Address: 84 New Quay Promenade Docklands ‌ Hire Fee The Hire Fee for this hiring is: as shown in 2. Booking If the Boat is not returned t the Drop Off Address on or before the ending date and time (the Hirer agrees to pay an overtime rate of $99.00 per hour from the Ending Time until the time the Boat is returned to the Drop Off Address. ‌ If for any other reason specified in the Hiring Terms and Section of this Agreement, further charges are payable the Hirer agrees to pay the same. All fuel used must be paid for by the Hirer and the fuel tank of the Boat restored to the level at the Starting Date before return to the Drop off address. Collision Damage/Loss Liability Charge The Collision Damage/Loss Liability Charge referred to would be as per bond amount stated. Should the amount for damage is more than the bond preauthorised, PCC Boat Management reserves the right to collect the payment from the customer’s credit card in order to cover such expenses. Area of Use On water and on land, specified in the Briefing Sheets which the Owner will deliver to the Hirer. Speed limit of 5 knots between Docklands and Westgate bridge. Speed limit of 8 knots between Westgate bridge and Williamstown breakwater. Definitions in this Agreement: “Agreement” means the Boat Hiring Agreement including the Booking and the Hiring Terms and Conditions Sections; “Boat” means this Boat specified in the booking and all its accessories, tools and equipment; “Hire Equipment” means the Boat and the Towing Equipment; “Hirer” means every person who enters into this Agreement as the Hirer; “Hiring Terms and Conditions” means the Hiring Terms and Conditions Section of this Agreement; “Operations and Safety manual” means the manual included in the Equipment of the Boat; “Booking” means the Hiring Booking Section of this Agreement’ “Term” means the period commencing on the date and at the time of the Booking; “Towing Equipment” means the boat trailer and the Operations and Safety Manual; “Towing Vehicle” means the motor vehicle used or intended to be used for the towing of the Towing Equipment.‌ HIRING TERMS AND CONDITIONS SECTION This is an Agreement between the Hirer (“You”) and the Owner (“the Owner”), identified in the Booking, to hire the Hire Equipment described in the Booking as well as any replacement Boat or replacement Boat Trailer Boat Condition and Return You acknowledge that the Hire Equipment is delivered to You in good operating condition. You agree to return the Hire Equipment in the same condition (except for ordinary wear and tear) on the date and place specified in the Booking (or sooner, if demanded by the Owner). The Owner may take possession of the Hire Equipment without prior demand to You and at your expense if the Owner has cancelled this Agreement or if the Boat is illegally moored, used in violation of the law or is apparently abandoned. NOTE: If there is to be any extension of the period of hire beyond that stated in the Booking, the Owner must be notified and it must agree to such extension in writing, otherwise the Boat will be immediately reported to the police as stolen. Cancellation of Hiring The Owner may immediately cancel the hiring if: Strong winds are predicted for any period during the Term in the Area of Use; or The Owner has reasonable grounds for concern as to the safety of the Boat and its occupants during the Term; or The Owner has reasonable grounds for belief that the Boat is being, has been or will be misused during the Term; or The Hirer is in breach of the terms and conditions of this Agreement. If the Owner cancels the hiring for any reason under paragraphs 2.1.1 or 2.1.2 which are beyond Your control the hiring fee or proportionate part of it which represents the cancelled portion of the Term will be credited to a future boat hiring by You but in any other case no refund will be made to You. Persons who must not drive the Boat A person who is not identified in paragraph 1 of the Booking as either the Hirer, Joint Hirer or Authorised Skipper; A person who is not licensed to drive the hired class of Boat; except for boats authorised to be driven without a boat license. A person whose blood alcohol concentration exceeds the lawful percentage; A person who is under the influence of intoxicating liquor or of a drug; A person who has given or for whom You have given a false name, age, address or license details; A person whose licence has been cancelled, endorsed or suspended within the last three years; A person who has held a licence for any class of Boat for less than two years; A person who uses or intends to use the Boat for an illegal purpose or for any purpose which is prohibited under this Agreement. ‌ Persons who must not drive a motor vehicle towing the Towing Equipment A person who is not identified in paragraph 1 of the Booking as either the Hirer, Joint Hirer or Authorised Skipper; A person who is not licensed to drive the Towing Vehicle; A person whose blood alcohol concentration exceeds the lawful percentage; A person who is under the influence of intoxicating liquor or of a drug; A person who has given or for whom You have given a false name, age, address or license details; A person whose license has been cancelled, endorsed or suspended within the last three years; A person who has held a driving license for less than two years; A person who uses or intends to use the Hire equipment for an illegal purpose or for any purpose which is prohibited by this Agreement. ‌ Circumstances where the Hire Equipment must not be Used Any area outside the Area of Use The carriage of any persons for hire or the carriage of any inflammable, explosive or corrosive materials; Pushing or towing any boat, trailer or other object unless the Owner has authorised such use in writing; The carriage of any greater load and/or persons and/or for a purpose other than that for which the Boat was designed and constructed; The carriage of any animal in the Boat unless authorised in writing or noted in paragraph 12 of the Booking; The use of the Hire Equipment for racing, pacemaking, reliability trials, speed trials or being tested in preparation for any of those activities; The use of the Hire Equipment in a dangerous manner; The use of the Boat in contravention of any legislation or regulation controlling the use of Boats of the class of which the Boat is part or in a manner contrary to that provided in the Operations and Safety Manual. ‌ Obligations of the Hirer/Joint Hirer/Authorised Skipper By entering into this Agreement You are responsible for and irrevocably authorise the Owner to debit the credit card provided and notice in paragraph 3 of the Booking or any other credit card provided (and You will pay the Owner on demand any balance) with the following charges: The hiring charges specified; All charges claimed against the Owner in respect of violations incurred during the period of hire or until such later time as the Boat is returned to the Owner; All loss or damage to the Boat (including the loss or use of that Boat), legal expenses, assessment fees, towing and recovery, consequential third party damage, storage and owner service charges where: Any term or condition of this Agreement has been breached; The Hire Equipment is involved in a single Boat incident or single vehicle incident unless the Owner waives such loss, to the Single Boat Incident Liability of the Booking (which amount will apply in addition to the Standard Liability Charge). ; You have left the Boat or the Towing Vehicle unlocked or left the keys in the Boat or the Towing Vehicle; You have failed to keep the key or keys to the Boat and the Towing Vehicle and Hire Equipment secure and under your personal control; The hull, rudder, engine, propeller or keel of the Boat is damaged regardless of cause except where there is a collision with another Boat; The interior of the Boat is damaged regardless of the cause except where there is a collision with another Boat; The Boat or any third party property is damaged by driving the Boat under or into an object lower than the height of the Boat; You have failed to maintain all fluid and fuel levels of the Boat or failed to immediately rectify or report to the Owner any defect in the Boat of which you have become or ought to have become aware; The Boat is damaged by loading or unloading, normal wear and tear excepted; You have failed to secure properly any load or equipment which leads to loss or damage caused by any part of the load or equipment; You have run the Boat aground or permitted it to strike a submerged or partially submerged object; and The exterior of the Boat is damaged regardless of cause except where there has been a collision with another Boat. If You have paid for the hire of the Hire Equipment by use of a credit card or directed the Owner to bill charges to some other person, corporation, firm or organisation who or which fails to make payment when called upon by the Owner, You hereby irrevocably accept that You are liable and will immediately pay the full amount due to the Owner on demand. The Owner, in addition, may charge You interest at the rate of 18% per annum calculated on a daily basis on all outstanding accounts or charges payable in accordance with this Agreement, such interest to be computed from the end of the rental period. The Hirer will be responsible for any damage or injury as a result of any towing behind our boats. The Hirer will have no claim against the company and will be responsible for any liabilities, injury , mechanical damage, hull damage ascertained as a result of a towing accident. The hirer is to acknowledge they will be responsible to cover any claims from other third parties as a result of mis-adventure while towing. At all times the vessel is to be driven by a marine licensed boat driver. Damage Cover Provided You and/or the Authorised Skipper act within the terms and conditions of this Agreement, You and/or the Authorised Skipper will receive the benefit of the Owner’s insurance cover with its insurer in respect of damage to the Hire Equipment and/or damage to any third party property other than damage to any property owned by You (including any friend/relative, associate or passenger) in your physical or legal control (cover also includes your legal costs incurred with the insurer’s written consent). This cover is also subject to: You paying the COLLISION DAMAGE/LOSS LIABILITY CHARGE referred to in paragraph ?? of the Booking; You and/or the Authorised Skipper not having breached any terms and conditions of this Agreement; You and/or the Authorised Skipper not being covered under any other policy of insurance; and You providing such information and assistance as may be requested by the Owner’s insurer or anyone acting on behalf of the Owner’s Insurer. If cover is provided then the Owner’s insurer may bring, defend or settle any legal proceedings in its sole discretion and the Owner’s insurer shall have the sole conduct of any proceedings. Any such proceedings shall be brought or defended in Your name or the name of the Authorised Skipper. General Provisions If there is any incident involving loss or damage to the Hire Equipment or involving the Hire Equipment while hired under this Agreement, You and the Authorised Skipper shall promptly report such incident to the Owner at the location where the Hire Equipment was hired as well as delivering to the Owner immediately upon receipt by You and/or the Authorised Skipper, every summons, complaint or paper in relation to such incident involving such loss or damage. You and/or the Authorised Skipper must also report all incidents to the police or other proper authority; You and/or the Authorised Skipper irrevocably release and hold harmless the Owner (and its agents and employees) from all claims for loss or damage to your personal property, or that of any other person’s property left in the Hire Equipment, or which is received, handled or stored by the Owner at any time before, during or after the Term, whether due to the Owner’s negligence or otherwise; You and/or the Authorised Skipper acknowledge that the Owner relies on the truth of your/the Authorised Skipper’s representations in this Agreement; You and/or the Authorised Skipper will not refuse or fail to take any blood analysis or breath test requested by the police; Except as provided by law, no Authorised Skipper or passengers in the Hire Equipment or the vehicle towing the Hire Equipment shall be or deemed to be the agent, servant or employee of the Owner in any manner for any purpose whatsoever; The Owner gives no express warranty in relation to the Hire Equipment. Certain conditions and warranties are implied by statute, whether Commonwealth or State, which cannot be excluded, restricted or modified, such as those under the Trade Practices Act 1974. Where, however, the Owner is permitted to limit its liability under those statutes for breach of an implied condition or warranty the Owner limits its liability to replacement, repair or resupply of the Hire Equipment. All other warranties, conditions and other obligations which may be otherwise implied are expressly excluded in their entirety. The Owner is not liable to You and/or the Authorised Skipper for any indirect, special, incidental or consequential damages relating to this Agreement; No right of the Owner under this Agreement can be waived except in writing by an authorised officer of the Owner; Words used in this Agreement to denote any gender include all genders and singular words include the plural and vice versa; Notwithstanding any other provision in this Agreement, a goods and services tax (GST) or any similar tax, stamp duty or any other tax, duty, surcharge, levy or fee (“charges”) imposed by Local, State or Federal Government that is charged and collected by the Owner is imposed anywhere in Australia and has application to any supply or use made under or in connection with this Agreement or in relation to the use or the likely use of any roads, facilities or other infrastructure by You and/or the Authorised Skipper or in relation to the provision of rental or other services to You or the Authorised Skipper: The Owner may in addition to the rate, price or any other amount or consideration quoted or expressed as payable elsewhere in this Agreement, recover from You and/or the Authorised Skipper an additional amount on account of the charge. Any additional amount on account of the charge shall be calculated without any deduction or set-off of any other amount and is payable to the Owner upon demand. You and/or the Authorised Skipper acknowledge that your interest in the Hire Equipment is as a bailee of the Owner only and that You agree not to part with possession, dispose of, encumber or assign any right or interest in the Hire Equipment and not create any lien on the Hire Equipment for repairs; You and/or the Authorised Skipper agree to indemnify the Owner from and against any or all claims, demands, actions, liabilities, losses, costs and expenses (including, but not limited to legal costs on an indemnity basis) incurred by the Owner as a consequence of the failure for whatever reason of the due and punctual performance of your obligations under this Agreement; You acknowledge that the Owner has not in any way represented itself to You as an entity carrying on the business of insurance; You and/or the Authorised Skipper must not at any time admit liability for any claim, loss or demand and agree that if such admission is made by You and/or the Authorised Skipper then that is a breach of this Agreement. At the conclusion of the hiring You must return the Hire Equipment to the Owner at the Pick Up and Drop Off address specified in paragraph 10 of the Booking. ‌ Fuel The Boat must be returned with the amount of fuel equal to that at the time of the rental (Licensed drivers). If the Boat is returned with less fuel the difference will be charged at the rate at which fuel is sold at the nearest marina. Returning of Hire Equipment The Hirer must return the Hire Equipment in a good, clean and usable condition (including but not limited to the tyres of the Towing Equipment pumped up and without damage) at the end of Term of Hiring to the location specified in the Schedule. If the Hirer returns the Hire Equipment in a worse condition than can be accounted for by fair wear and tear (in the opinion of the Boat Owner), the Boat Owner may charge the Hirer for cleaning, reconditioning, renewing or replacing the Hire Equipment or any part of the Hire Equipment as the Boat Owner determines necessary. If: the Hirer fails to return the Hire Equipment to the Boat Owner in accordance with this Agreement; or the Boat Owner receives notice that the Hire Equipment has been lost; or the Hirer is unable to produce the Hire Equipment or any part of the Hire Equipment after reasonable notice from the Boat Owner, the Hire Equipment will be treated as Lost Equipment. The Hirer must pay the Boat Owner: the Late Fee if the Hire Equipment is not returned at the end of the Term of Hiring; for any item of Lost Equipment a sum equal to the standard sale price of the Lost Equipment at the time of the end of the Term of Hiring; an additional amount for any consequential loss suffered, by the Boat Owner including foregone Hire Fees in respect of the Lost Equipment, as determined by the Boat Owner. ‌ Applicable Law The laws of Victoria apply to this Agreement. The Hirer must comply with: all applicable laws in relation to the use of the Hire Equipment including holding appropriate licences required by law; and all safety guidelines in the Operations and Safety Manual or other safety instructions, if provided.