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TERMS AND CONDITIONS OF HIRE

          Description

1. The Hirer agrees to hire from Bareboat Experience Limited the boat ("Bareboat") and the trailer ("Trailer") and the equipment located aboard the Bareboat, together with any additional equipment as detailed in this agreement.

Duration of Hire

2. The term of the Hire shall be for the period as described in this agreement. Late return of the Bareboat will be charged for on a day’s hire basis or part thereof.

Operation of the Bareboat

3. The Bareboat may only be operated by persons over the age of 20 years, and only by the Hirer named in this agreement.

4. In signing this Hire Agreement the Hirer (being the skipper of the Bareboat) acknowledges that the Hirer fully understands the approved Safe Ship Management operating area of the Bareboat, and that the Bareboat is not permitted to go outside the designated areas.

Payments by Hirer

5. The Hirer shall pay the Hire Sum to Bareboat Experience Limited prior to the commencement of the Hire of the Bareboat for the period specified in clause 2 above of this agreement.

6. The Hirer shall pay for all petrol and oil used in the Bareboat during the period of the hire. In the event that the Bareboat is returned with the petrol tank less than full or requiring oil, Bareboat Experience Limited reserves the right to charge the Hirer for the cost of refuelling and refilling the petrol tank and refilling the oil following completion of the Hire.

Bond due

7.The Hirer shall pay to Bareboat Experience Limited on commencement of the Hire a bond of $1,000.00, which will be fully refunded by Bareboat Experience Limited to the Hirer when the Bareboat is returned, provided there is no loss or damage to the Bareboat, the motor, the Trailer or any associated equipment located on the Bareboat. The cost of repairing any damage or loss, up to the value of $1,000.00, will be deducted from the bond.

Hirer’s Obligations

8. The Hirer may operate the Bareboat within inshore limits as defined by the Safe Ship Management certificate, being five (5) miles from the place of launching and two (2) nautical miles from shore.

9. The areas covered by the Safe Ship Management certificate are Northland, Hokianga, Kaipara, Manukau, Auckland, Great Barrier, Bay of Plenty and the inland lakes of the North Island.

10. The Hirer shall notify Bareboat Experience Limited at the commencement of the Hire as to the general area the Bareboat will be operated during the period of hire. If the period of hire is greater than three days, the Hirer shall also report in to Bareboat Experience Limited at regular intervals as agreed between the parties.

11. Throughout the duration of the Hire, the Hirer shall ensure that:

  1. There is sufficient outboard oil in the on-board reservoir for the duration of each day’s operations; and
  2. The tyres on the Trailer are maintained at their proper pressure.

       

12. The Hirer shall ensure that all reasonable care is taken in handling the Bareboat and the Trailer; that all safety procedures and precautions are followed at all times; and that the Bareboat and the Trailer are left secure when not in use.

 

13. The Hirer shall ensure that the Trailer is only towed by the Hirer and not by any other person. The Hirer warrants that he or she has a current New Zealand driver’s licence. The Hirer shall also ensure that the Trailer is towed by a vehicle with a current registration and warrant of fitness.

 

14. The Hirer shall at all times during the period of Hire comply with those Ministry of Fisheries ("MOF") rules and regulations which may be in force from time to time. The Hirer hereby indemnifies Bareboat Experience Limited in respect of any loss or damage suffered, including consequential loss or damage as a result of breach of MOF rules and regulations.

 

15. The Hirer shall not leave the Bareboat unattended at anchor for a period exceeding 12 consecutive hours except when the Bareboat is on an approved mooring.

 

16. The Hirer agrees that all safety equipment on board the Bareboat, including the EPIRB, shall be activated only in an emergency. In signing this Hire Agreement, the Hirer hereby indemnifies Bareboat Experience Limited for any loss or damage suffered due to malicious or reckless use of the safety equipment.

17. The Hirer shall at all times operate the Bareboat in accordance with the instructions and procedures stipulated in the Safe Ship Management manual.

 

18. The Hirer shall maintain a careful watch on weather conditions throughout the duration of the Hire. If weather conditions deteriorate the Bareboat shall be taken by the Hirer to a place of safety before such time as the seaworthiness of the Bareboat is affected or compromised, and which ensures that the Bareboat remains safe and seaworthy at all times.

Use of the Bareboat

19. The Hirer shall not use or permit the Bareboat to be used for the carriage of passengers for hire or reward.

20. The Hirer shall not:

  1. sublet or hire the Bareboat to any other person;
  2. permit the Bareboat to be operated outside his or her authority;
  3. operate the Bareboat, or permit it to be operated with excess breath or blood alcohol or under the influence of alcohol or drugs;
  4. operate the Bareboat or permit it to be operated in any race, speed test or contest;
  5. operate the Bareboat or permit it to be operated in breach of any Act, regulation, or bylaw relating to marine transport;
  6. operate the Bareboat or permit it to be operated for the transport of more than the number of people or more than the weight of goods specified by Bareboat Experience Limited in this agreement;
  7. operate the Bareboat during the hours of darkness except with the prior written approval of Bareboat Experience Limited.

          Insurance

21. Subject to the exclusions set out at clause 24 below, the Hirer is indemnified to the extent of $2 million in respect of any liability he or she might have for damage to any property belonging to any other person and arising out of the use of the Bareboat.

 

22. The Hirer acknowledges that he or she shall be liable in respect of the first $1,000.00 for the cost of any damage or loss referred to in the insurance cover specified in clause 21. If the insurance company denies the claim, the Hirer further acknowledges that he or she is liable to pay the full costs of any damage or loss.

 

23. The Hirer accepts that the Bareboat is hired to the Hirer at the Hirer's own risk in respect of loss of or damage to the Bareboat and consequential loss by Bareboat Experience Limited. In hiring the Bareboat the Hirer accepts that he or she may be liable to Bareboat Experience Limited for any loss or damage to the Bareboat and consequential loss.

Exclusions

24. The indemnities referred to above shall not apply where the damage, injury, or loss has arisen when:

  1. The operator of the Bareboat is under the influence of alcohol or any drug that affects his or her ability to operate the Bareboat.
  2. The Bareboat is in an unsafe or unseaworthy condition where that condition arose during the course of the Hire, and which has caused or contributed to the damage or loss, and the Hirer was aware or ought to have been aware of the unsafe or unseaworthy condition of the Bareboat.
  3. The Bareboat is operated in any race, speed test, or contest.
  4. The Bareboat is operated by any other person other than the Hirer.
  5. The Bareboat is deliberately, wilfully or recklessly damaged by the Hirer or any other person who is either associated with the Hirer or who is operating the Bareboat under the authority of the Hirer.
  6. The Bareboat is lost as a result of the deliberate, wilful or reckless behaviour of the Hirer or any other person who is either associated with the Hirer or who is operating the Bareboat under the authority of the Hirer.
  7. The Bareboat is operated outside the authorised area described in clauses 8 and 9 above.
  8. The Bareboat is operated outside the term of the Hire or any agreed extension of that term.
  9. The Hirer breaches any applicable Act, Regulation, Rule, Order or Notice to Mariners or any other requirement issued or notified by the Maritime Safety Authority of New Zealand.

       

Obligations of Bareboat Experience Limited

25. Bareboat Experience Limited shall supply the Bareboat to the Hirer in a safe and seaworthy condition.

 

26. Bareboat Experience Limited shall supply the Trailer in a roadworthy condition with a current warrant of fitness and registration.

 

27. Bareboat Experience Limited shall be responsible for all ordinary and extraordinary costs of running the Bareboat during the term of the Hire except to the extent that by the terms and conditions of this agreement those costs are payable by the Hirer.

Mechanical Repairs and Accidents

28. If the Bareboat is damaged or requires repair or salvage, whether because of an accident or breakdown, the Hirer shall advise Bareboat Experience Limited of the full circumstances by radio, telephone or by other telecommunication as soon as practicable.

 

29. The Hirer shall not arrange or undertake any repairs or salvage without the authority of Bareboat Experience Limited except to the extent that the repairs or salvage are necessary to prevent further damage to the Bareboat or to other property.

 

30. The Hirer shall ensure that no person, except as may be required in an emergency, shall interfere with any part of the outboard or electrical system of the Bareboat.

Return of the Bareboat

31. The Hirer shall, at or before the expiry of the term of the Hire, deliver the Bareboat back to the place of hire or obtain the consent of Bareboat Experience Limited to the continuation of the Hire.

 

32. Bareboat Experience Limited shall have the right to terminate the Hire and take immediate possession of the Bareboat if the Hirer fails to comply with any of the terms of this agreement, or if the Bareboat is damaged in any way whatsoever. The termination of the Hire under the authority of this clause 32 shall be without prejudice to the other rights of Bareboat Experience Limited and the rights of the Hirer pursuant to this agreement, at law, or otherwise.

 

Bareboat Experience Limited Right to Cancel

33. If, at any time during the Hire, the weather or sea/lake/water conditions deteriorate and it is deemed by Bareboat Experience Limited that the Bareboat, the Hirer or any third parties are endangered, or that the actions of the Hirer are illegal and/or endangering the Bareboat and/or its occupants, Bareboat Experience Limited reserves the right to recall the Bareboat to a safe location or to immediately terminate the Hire. In the even of weather deterioration and subsequent cancellation, a refund will be given to the Hirer in proportion to the total time of the Hire.

© 2011 BareBoat Experience | Terms and Conditions Apply