Auckland Boat Hire Terms and Conditions

 

How to confirm a booking?

 

Complete the booking form

Make a payment of deposit.

Remaining balance to be paid 14 days prior to hire commencement- This will secure the booking

 

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 Auckland Boat Hire 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.

 

Cancellation and Refund Policy

 

Hirer cancels

In instances where hirer cancels the following applies

At 30 - 14 days before hire date, full refund less $100 admin fee will apply

Less than 14 days half the hire cost will be paid

Auckland boat hire may negotiate an alternative hire period to the same value or more.

 

Conditions out of our control

In the advent of adverse weather conditions or COVID-19 restrictions, Auckland Boat Hire 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

Auckland boat hire reserves the right to cancel a booking at any time and without warning with a full refund of any monies paid. Auckland boat hire will not be liable for any cost incurred by the hirer.

 

 NON refundable cancelation

Auckland Boat hire will cancel a booking and all monies paid will be forfeit in these cases such as : signs of complete incompetency, misleading Auckland Boat Hire, failing to pay the hire fee prior to the hire date, impaired in any way, disregard to safety and looking after equipment

 

Security Bond

A security bond of $1000 is required prior to commencement of hire. The bond will be secured against a credit card or by bank transfer. 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 Auckland Boat Hire 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.

Auckland Boat Hire 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 ABHL.

Further fees

Auckland Boat Hire 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 Auckland Boat Hire 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 ABHL’s 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 Auckland Boat Hire provides before commencement of the booking, form the basis of the contract with Auckland Boat Hire Limited, trading as Auckland Boat Hire.

 

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.

 

  1. HIRE CONDITIONS
    1.1 Hire Agreement: Auckland Boat Hire 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 Auckland Boat Hire of the itinerary and location of the Hirer’s planned trip prior to collecting the vessel. The Hirer must advise Auckland Boat Hire of any changes to this itinerary throughout the hire period. The Hirer acknowledges that Auckland Boat Hire 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 Auckland Boat Hire’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 Auckland Boat Hire.


    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 Auckland Boat Hire 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 Auckland Boat Hire if the vessel is damaged or requires repair or salvage, and shall immediately return the vessel to Auckland Boat Hire at the place of delivery or any other place agreed to by Auckland Boat Hire.

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 Auckland Boat Hire, 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 Auckland Boat Hire provide proof of the Skipper’s identity and age in the form of New Zealand Government-Issued photo identification such as a Driver’s Licence 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 Auckland Boat Hire;

(j) not allow the VHF Radio to be used for transmission other than in an emergency unless the user is a licenced 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 Licence.



3. PAYMENT
3.1 Hire Fee: The Hirer must pay one half of the total Hire Fee to Auckland Boat Hire immediately upon booking the hire of the vessel with Auckland Boat Hire. The Hirer must pay the balance of the Hire Fee to Auckland Boat Hire prior to collecting the vessel on the day of hire.

3.2 Security Bond: The Hirer must pay a security bond of $1000 NZD to Auckland Boat Hire 2 days prior to the date of hire. The security bond shall be paid in cash or by credit card Security deposit. The security bond will be processed and deducted by Auckland Boat Hire if the vessel or any other item of hired equipment is damaged or lost. If the vessel or other hired equipment is damaged or lost then Auckland Boat Hire will notify the Hirer and the costs of repairing the damage (and in the case of hired equipment, the full retail price of the item of equipment) will be charged to the Hirer’s credit card or deducted from the security bond paid.

3.2 Authority to Deduct Funds from Bond: The Hirer authorises Auckland Boat Hire to deduct from the security bond and to charge any sum in excess of the bond amount any monies payable by the Hirer under this agreement, including but not limited to any outstanding amount of the Hire Fee, Late Fees, and Fuel Fees, Cancellation Fees, Insurance Excess Fees and any valuation fees incurred in surveying damage caused to the vessel.

 


4. CANCELLATION
4.1 Auckland Boat Hire’s Right to Cancel: Auckland Boat Hire may in Auckland Boat Hire’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 Auckland Boat Hire 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 Auckland Boat Hire 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: Auckland Boat Hire 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 Auckland Boat Hire up to (but not including) 30 – 14 days prior to the date of hire then Auckland Boat Hire shall refund the Hire Fee to the Hirer less a Cancellation Fee of $100.00;

(b) If cancellation is notified to Auckland Boat Hire between less than 14 days prior to the date of hire (inclusive) then Auckland Boat Hire will charge up to %50 of hire fee


4.4 Alternative Booking: Where  Auckland Boat Hire receives notice of cancellation from the Hirer, Auckland Boat Hire will endeavour to accommodate an alternative hire period for the Hirer of the same value and within reason, provided however that Auckland Boat Hire shall not be obliged to do so.

 


5. INDEMNITY
5.1 Indemnification of Auckland Boat Hire: The Hirer indemnifies Auckland Boat Hire 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 Auckland Boat Hire 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 Auckland Boat Hire or where Auckland Boat Hire 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 Auckland Boat Hire 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. (Auckland boat hire 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 Auckland Boat Hire for all claims made by the Hirer will not exceed the Hire Fee paid by the Hirer to Auckland Boat Hire pursuant to the Hire Agreement, except where such liability arises as a result of the negligence of Auckland Boat Hire or where Auckland Boat Hire has wilfully, negligently or recklessly supplied a defective vessel or equipment to the Hirer.



6. INSURANCE
6.1 Auckland Boat Hire’s Insurance: Auckland Boat Hire 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 Auckland Boat Hire in the event of any loss, theft or damage to the vessel or equipment that is covered by Auckland Boat Hire’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 Auckland Boat Hire 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 Auckland Boat Hire’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 Auckland Boat Hire (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 Auckland Boat Hire (on Auckland Boat Hire’s reasonable request) for the purposes of enabling Auckland Boat Hire to recover such loss or damage;

(e) the Hirer has paid the Insurance Excess Fee to Auckland Boat Hire.

6.4 Exclusions to Insurance Cover: The Hirer shall be fully liable to Auckland Boat Hire 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, Auckland Boat Hire does not receive payment in full from Auckland Boat Hire’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 Auckland Boat Hire’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 Auckland Boat Hire 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: Auckland Boat Hire’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 Auckland Boat Hire at all times.



8. PRIVACY POLICY
8.1 Collection of Personal Information: Auckland Boat Hire 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 Auckland Boat Hire if the Hirer fails to provide the requested personal information. The Hirer can access and seek correction of any personal information by contacting Auckland Boat Hire. The Hirer agrees that its personal information may be used by Auckland Boat Hire to advise the Hirer of Auckland Boat Hire’s other goods and services. The Hirer authorises the disclosure to Auckland Boat Hire 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) authorises Auckland Boat Hire 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 Auckland Boat Hire 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.