tfor Blue Sky Boat Hire

By using this service/website you are agreeing to comply with and be bound by the following terms and conditions of use, (“Terms & Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by request. These Terms & Conditions apply to all users of the site/service, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Together with our privacy policy govern Blue Sky Boat Hire’s relationship with you in relation to this service. Throughout the business/website, the terms “we”, “us” and “our” refer to Blue Sky Boat Hire. The use of this hire service is subject to the following terms of use:

GENERAL DISCLAIMER

The content of the pages of this document/website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website 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. Your use of any information or materials on this document/website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. Please request a sample of our products if in doubt.

This document/website may also include links to other documents/websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the documents/website(s). We have no responsibility for the content of the linked website(s).

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Blue Sky Boat Hire and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable solicitor fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

LIABILITY AND THIRD PARTY RIGHTS

Certain content, products and services available via our Service may include products/services from third-parties. Please note that when you use one of these products/services, you are moving to another company. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.

Possible third-party links on our site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our partners, advertisers, information providers and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

CONSUMER RIGHTS STATEMENT

All Your rights set out in this agreement are in addition to Your Rights as a consumer (Your Consumer Rights) under applicable consumer products and services legislation, including the Australian Consumer Law. Your consumer rights are not excluded, restricted or modified by this Rental Agreement. To find out more about your consumer rights from organisations such as Australia Competition and Consumer Commission of Consumer Affairs Australia.

HIRER DECLARATION

The hirer acknowledges that they have read, understood and agree to be bound by the terms and conditions of this rental agreement and have made themselves familiar with both the location and content of the safety management plan and understand this. The hirer is responsible for all occupants complying with all conditions. If they have presented their credit card for payment, all amounts payable under the agreement and for any road or water violations may be billed to the credit card. Confirmation and sighting of the hirer’s identification will be required.

The Hirer acknowledges and accepts that the use and operation of this vessel, including for the purposes of water skiing, swimming, towing a tube, and other such like activities, is subject to inherent risks and dangers. The Hirer accepts those risks and agrees to indemnify the Owner of the Vessel for any losses suffered by the Hirer, any passengers or any third parties as a result of the materialization of those risks and dangers. The Hirer also undertakes to advise all passengers of the risks and dangers associated with the use and operation of the vessel prior to boarding. The hirer acknowledges & understands all safety material and briefings that have been presented.

CONDITIONS OF BOOKING

100% of hire fee is required to confirm a booking. Once payment is received, your booking will be confirmed. BOND is applicable to all hire vessels although not shown in invoice total. The bond will be obtained by cash only prior to hire commencing. By paying funds towards your hire you agree to all the terms and conditions written within our Policies and the Safety Management Plan handbook.​ The hirer is required to be at least 18 years of age and must provide photo ID and mobile phone number on the day of hire. Marine license must be current and sighted on hire date, if required. Some international licenses accepted. The hirer must arrive no later than ten minutes prior to the hire time to complete the safety and boat operations briefing and remaining paperwork with Blue Sky Boat Hire staff​

RESCHEDULING & CANCELLATION​ POLICY

You can reschedule your booking to an alternative date (subject to availability) at no charge up to 48 hours prior to the hire. You may only reschedule a maximum of two times. Rescheduling within 48 hours (subject to availability) prior to the hire may attract a rescheduling fee. If we determine that the conditions and or forecast for Hervey Bay at the scheduled time of the hire are unsafe for our hire boats, a reschedule or refund will be offered. Local conditions are to be assessed and determined by our staff prior to the scheduled time of the hire. If you cancel your booking more than 48 hours before your hire date your payment will be refunded in full. If you cancel your booking less than 48 hours 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.

CHANGES TO TERMS & CONDITIONS

You can review the most current version of the Terms & Conditions at any time. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions.

COMMUNICATION

The staff at Blue Sky Boat Hire will not endure hostile, abrupt or disgruntled communications/interactions with their clients. All communications and interactions between Staff and Clients are to be done in a professional and safe manner to produce top quality products for our clients. Verbal & physical bullying is highly inexcusable and will be reported to the authorities if necessary. Blue Sky Boat Hire has the right to refuse and cancel bookings at any time in which either party feels threatened or vulnerable.

ARRIVAL TIMES

All hirers are required to arrive ten minutes before their confirmed booking departure time. If a hirer arrives later than the confirmed booking time then at the discretion of Blue Sky Boat Hire you will be charged from the confirmed booking time agreed. If a hirer does not arrive within thirty minutes of the confirmed booking time then Blue Sky Boat Hire has the right to re-book the vessel and all paid monies will be forfeited.

OPERATING CONDITIONS

· All boats hired at hirers risk

· The hirer of the vessel is expected to comply with all Maritime Safety Queensland regulations. Vessel to operate and comply with the requirements of the vessel operation and/or survey certificate including - types of waters E smooth waters/D partially smooth waters, this may include distances of operation.

· The hirer must be over 18 years of age and be a holder of a valid boating licence.

· As the hirer/skipper of the boat, your alcohol limit must remain below 0.05 at all times and you are responsible for any disorderly conduct from passengers on-board.

· The hire will NOT allow any other person to control the vessel unless listed on the booking form & is responsible for all occupants and their actions. The vessel must be controlled at all times by the holder of a current, valid boat license or as the listed driver for vessels that do not require a licence. All other state marine licensing rules apply.

· Operating the vessel is only permitted in day light hours from sunrise to sunset, should the said vessel be used at night the hirer’s bond will not be refunded.

· The hirer must not operate the vessel in poor weather or sea/river conditions or where such conditions are imminent, if these conditions are present before the hire proceeds a transfer of reservation will be granted, however we do not grant such a transfer for rain alone. If a transfer of reservation is required and should the hirer wish to move their reservation to another day this needs to be agreed to by the existing location and a transfer/reschedule fee of $30 will be applicable.

· CHILDREN UNDER 12 MUST WEAR A LIFE JACKET AT ALL TIMES. Pontoon Boat exempt.

· The hirer is responsible for enforcing the use of life jackets.

· Safety equipment is to be used in emergency only, improper use may result in penalty.

· Obligation on any search and rescue is the hirer’s responsibility.

· The hirer is not to exceed the licensed carrying capacity.

· The hirer is responsible for checking and ensuring that their towing vehicle meets the legal towing requirements of the vessel, where applicable to hire.

· The hirer understands they are not to exceed the geographical limits of operation as per map supplied.

· No diving or swimming from boats. Pontoon exempt.

· No bow riding and towing of vessels or persons are not permitted.

· Keep clear of other vessels.

· No waste material to be thrown in the water, rubbish bin is provided.

· Hirer is not to drive the vessel while gas is on and connected to the BBQ.

· Hirer must not attempt mechanical repairs without permission from Blue Sky Boat Hire.

· The hirer is not permitted to re-fuel.

· Weather forecast monitoring is the responsibility of the hirer to ensure safety of persons on board the vessel.

· Any hire brought back later than the agreed rental time will incur a one hour additional fee of $75. Vessels returned after the nominated close of business may forfeit their security bond.

· Vessels must return to advised location immediately if requested by Blue Sky Boat Hire.

· The hirer will accept the consequences if he/she or any listed co-driver breach these conditions.

· The hirer will assume all risks and liabilities for loss or damage to the vessel, or its equipment, or damage/injury/death to another party.

· The hirer must pay penalty notices if issued by any officials during the hired period. To the full extent permitted by the law the hirer releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequent to the use or misuse of the boat during the hire period.

· By booking and paying for this service, you acknowledge and agree to these policies.

BOUNDARIES AND REQUIREMENTS

Blue Sky Boat Hire has designated operational areas as per each vessels’ operation of certification applied by Maritime Safety Queensland. Laminated maps are provided to hirer/skipper upon each hire and are also available to view on the website. Our permits to operate in The Great Sandy Strait Marine Park do not include commercial use/access to Fraser Island. Hirers/Skippers are not to leave these designated operational zones and if ignored/breeched, do so at their own risk, expense and consequence – including but not limited to: poor navigation, inexperience and/or ignorance causing damage resulting in rescue fees, repairs and fines. Fines and rescue fees incurred during hire applied by any/all Law Authorities to be paid by hirer. To the full extent permitted by the law, the hirer releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequent to the use or misuse of the boat during the hire period.

RETURN CONDITIONS

Vessels are expected to be returned with all rubbish and fish/bait removed no later than 4.00pm. Blue Sky Boat Hire will complete a full clean and refuel on each vessel post hire. All vessels are inspected with documentation pre hire and also upon return to ensure no loss, theft or damage has occurred while on hire. Please inform a Blue Sky Boat Hire representative if any damage has occurred or if something not quite working to standard was noticed. The hirer must pay for any damage or losses caused to the vessel/equipment/trailer during the hire period.

DAMAGES/LOST/THEFT

The hirer must pay for any damage or losses caused to the vessel/equipment/trailer during the hire period. If there is any damage to the boat beyond normal wear and tear, the cost of repairs shall be applied and payable immediately inclusive of a $100 administration fee. In the even on an accident while towing the vessel, the hirer and their insurance company are solely responsible for any damage/write off expenses caused to Blue Sky Boat Hire’s property. Any pre-authorisation/bond paid will be retained in full in the event of an accident.

TOWING VESSEL ON TRAILER

A Blue Sky Boat Hire representative will supply the correct trailer connections, keys and locking devices for the trailer when not in use. The hirer is responsible for checking and ensuring that their towing vehicle meets the legal towing requirements of the vessel. The hirer agrees 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. Hirer must have current comprehensive car insurance to cover our trailer and vessel while being towed by the hirer. In the event on an incident, the hirer and their insurance company are solely responsible for any damage/write off expenses caused to Blue Sky Boat Hire’s property. Any bond paid will be retained in full in the event of an accident.

MISCELLANEOUS

Occasionally there may be information on our site or in the Service 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 orders 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 order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. We reserve the right to reject any returns and exchanges that do not meet these conditions.

This Agreement may not be amended except in a written document signed by both parties. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Queensland, Australia. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior representations and understandings.

HIRE CHARGES AND FEES

Prices are in Australian dollars. Payment can be made by PayPal, Credit/Debit Card processing, internet banking transfer or cash in hand. Full payment is required prior to the beginning of your booking. An invoice with receipt of payment will be emailed to you once booking confirmation via phone is completed. All prices listed on the website and advertising material are subject to change without notice and currently inclusive of GST. Additional Fees may apply to your order under certain circumstances, listed below. Prices and fees for our services are subject to change without notice. Blue Sky Boat Hire reserves the right to add any of these charges to a client's account where necessary. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

The additional fees listed below are guidelines and are subject to change at Blue Sky Boat Hire’s discretion in accordance to each hire situation.

$30 – Travel fee to Burrum Heads boat ramp

$150 – Propeller Strike to vessels 42911QE, 42912QE, 43740Q causing damage needing repairs/replacement. Pontoon vessel damage fees listed separately.

$110 – Administration fee, applied at the discretion of Blue Sky Boat Hire

$50 – Per item of property of Blue Sky Boat Hire removed from any vessel. If value of item removed is greater than $50, additional fee will be applied.

$250 – Leaving the designated operational areas as described at beginning of hire

$250 – Insurance excess fee, in the event of a minor or major incident/accident for vessels 42911QE, 42912QE, 43740Q. Pontoon vessel insurance excess fees listed separately.

$500 - Insurance excess fee, in the event of a minor or major incident/accident for Pontoon Vessel. Bond paid will be retained with remaining amount payable immediately.

$1000 – Propeller Strike to Pontoon Vessel causing damage needing repairs/replacement. Bond paid will be retained with remaining amount payable immediately.

$POA – Fines incurred during hire applied by any/all Law Authorities to be paid by hirer. To the full extent permitted by the law the hirer releases, discharges and indemnifies the owner from all claims and demands on the owner arising out of or consequent to the use or misuse of the boat during the hire period. Fines cannot be transferred on to Blue Sky Boat Hire

CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms & Conditions at any time. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our web-site periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms & Conditions should be directed to dan@blueskyboathire.com.au