1 Offer to charter
|By signing the Charter Agreement, you (The Charterer) offer to charter the Vessel for the time and dates specified in the Charter Agreement upon these Terms and Conditions from us (C & S Johns Investments Pty Ltd trading as Riviera Nautic, 185-187 Metung Road, Metung 3904 Australia ABN 13 142 853 870) acting as agent for the Owner of the Vessel. In doing so you acknowledge that you have read and understood these Terms and Conditions and that you agree to be bound by them.|
2 Bookings and payment terms
|a. We will reserve the Vessel for your exclusive use during the Charter Period, provided that you sign and return the Agreement by the date specified.|
b. You undertake to pay the balance of the charter fees by the due date. If you do not do so we will be entitled to treat this Agreement as having been cancelled by you.
c. You will not assign this Agreement.
d. You authorise us to complete any documentation for the purpose of a credit card system and to amend and complete any credit card documentation for any charges payable under this Agreement.
|If you cancel this Agreement and|
a. you give us written notice of cancellation at least thirty (30) clear days prior to the start date, we will refund the monies that you have paid us less a $75 administration fee. The refund may be taken as a credit to an alternative date within twelve months of the original booking after which it is an automatic cancellation and all monies are forfeited.
b. you give us less than thirty (30) days notice, you will forfeit all monies paid, and we reserve the right to bring an action for all monies due but unpaid under this Agreement. However, if we can obtain a replacement booking we will refund to you an amount equivalent to the money received from the replacement booking, less our reasonable administrative costs associated with your cancellation and the $75 administration fee, up to the amount of your money that we are holding.
Travel insurance is recommended.
4 Security bond
|a. You agree to pay a Security Bond before you start your charter. We will refund this at the end of your charter less any deductions that we make for loss or damage, or for any other costs that you have incurred but not paid for. If the amounts you owe us are greater than the Security Bond then you agree to pay us the shortfall on demand.|
b. You agree that we have the right to retain the security bond until we resolve any potential or outstanding claims relating to your use of the Vessel.
c. You must choose one of the following two Security Bond options:
i) Standard Security Bond
ii) Security Bond Reduction Plan
$600 Security Bond, plus a non-refundable payment of $25 per charter day,
paidprior to commencement of your charter.
d. You agree that we have the right to increase the security bond, or make unavailable the Security Bond Reduction Plan, for any charter groups which, in our experience, fall into a higher risk category.
e. Please note that we do not accept personal or company cheques for security bonds. We welcome payment by credit card, cash or bank cheque. We impose a surcharge on payments using some types of credit cards.
5 Delivery of the vessel
|a. We will have the Vessel for you, ready for service and in a seaworthy condition at our marina by the start time and date of your charter. We reserve the right to substitute a similar vessel should the Vessel be unavailable for any reason.|
b. You agree that we may at any time cancel this Agreement if in our sole discretion it would be wise to do so, and give you a full refund of all monies that you have paid. If we do this then we shall have no further liability towards you.
6 Compliance with Marine Safety regulations
|To comply with Marine Safety Victoria regulations, you agree that:|
a. you are over the age of sixteen
b. you are not disqualified from holding a Victorian Recreational Boat Operator Licence
c. you and all members of your Charter Party who will be controlling the Vessel at any time during the Charter will attend a Safety Briefing at the start of the Charter. We will conduct this Safety Briefing to meet the requirements of Part F, Section 2 of the National Standard for Commercial Vessels, and it will include instructions about
the operation of the Vessel
safety equipment and emergency procedures
alcohol and drugs
d. At the end of the Safety Briefing all members of your Charter Party who will be operating the Vessel are required to demonstrate their understanding of these matters. They will also be required to sign a statement confirming this and that they are competent to operate the Vessel.
e. by law only those members of your Charter Party who have signed the statement may operate the Vessel, and they must comply with these regulations at all times during your charter.
f. At the end of the Charter, you are required to complete the Return Check Procedure, and to provide information to allow us to prepare any report required by Marine Safety Victorias regulations.
7 Use of the vessel
|As a charterer you have certain other responsibilities. You agree that you or your Charter Party will:|
a. not part with possession of the Vessel, and will be responsible for it at all times during your Charter Period including the times you leave it unattended at anchor or at jetties.
b. only operate the Vessel between the hours of sunrise and 5 pm except in the case of an emergency endangering the Vessel, other vessels, property or life.
c. keep the Vessel in safe and tidy condition, and never operate it in circumstances that could damage the Vessel save to the extent reasonably necessary to minimise further damage to the Vessel or danger to life.
d. notify us of any damage and mechanical or other faults immediately you know about them.
e. not attempt repairs, understanding that you will be responsible for the consequences of unauthorised repairs.
f. prohibit firearms on the Vessel.
g. ensure that the laws of Victoria are complied with in all respects during your Charter Period and will not commit or permit any unlawful act to be committed on the Vessel.
h. comply with all directions that we give you either verbally or through the information contained in the manual supplied on board the Vessel.
i. not smoke, or use candles or mosquito coils within the cabins at any time.
8 Return of the vessel
|a. You agree to return the Vessel to our Metung marina by the end time in the Agreement and you acknowledge that if you do not do so you may cause us to lose profit or incur damages. If you return it late you agree to pay us a late return fee of a minimum of an extra day's rate, together with any loss of profits and damages.|
b. You agree to return the Vessel in a clean condition and with all accessories and equipment as specified in the inventory. If you return the Vessel dirty, you agree to pay a cleaning charge.
c. We will inspect the Vessel after your Charter is completed and you agree that our findings on any damage to the Vessel, or losses will be final. You also agree to pay the costs of the repairs or the replacements.
9 Early termination of charter
|You acknowledge that we have the right at all times to bring this Agreement to an end and repossess the Vessel without refund to you if:|
a. you or any member of your party manage or control the Vessel in a manner that breaches the requirements of Marine Safety Victoria.
b. you give us false particulars.
c. at any time during the Charter Period, the makeup of your Charter Party differs from that shown in this Agreement.
d. you or any member of your Charter Party behaves in a manner which is likely to prejudice our interest in the Vessel or the goodwill of our business.
If we exercise our rights under this clause it will not prejudice our seeking other remedies at law.
10 Insurance and liabilities
|a. The Vessel is covered by Fire Marine and Collision Risk Insurance which covers accident or collision, storm and tempest damage, third party damage and public risk. You and every member of your Charter Party agree not to commit any act which would invalidate the Insurance Policy.|
b. You agree that you will pay for the following items:
the insurance excess of any claim ($2000 excess, unless reduced by the optional Security Bond Reduction Plan).
damage caused by you breaching this Agreement including but not limited to damage caused where you or any member of your Charter Party was under the influence of alcohol or drugs, or from your use of the Vessel outside our charter limits or outside our prescribed operating hours.
damage or loss that you did not report to us immediately it occurred
damage and loss of value to sails caused by flogging
breakages or damage to internal fixtures and fittings
loss of equipment such as dinghies, oars, fenders, ropes, lifejackets, liferings, etc, howsoever caused
the cost of operating of our workboat to service the Vessel if any of the above events occurs
damage or loss to, or damage caused by any belongings, equipment and boats which belong to you or any member of your Charter Party
c. You understand that you are also liable to the full extent of the loss or damage where we make a claim against the Vessel's insurers but they decline it because of a negligent or improper act or omission on the part of you or of any member of your Charter Party.
d. You agree that you will be liable for all consequential loss in addition to the usual remedies available at law including loss of income where the Vessel is put out of operation and cannot be used for subsequent charters as a result of a breach of this Agreement by you or as a result of negligence by you or your Charter Party.
11 Indemnities and warranties
|a. You agree to indemnify us and hold us harmless against any loss or damage which arises out of the use of the Vessel by you that is in breach of this Agreement, or from negligence by you or your Charter Party.|
b. You agree that you and your Charter Party use the Vessel at your own risk and that we accept no responsibility for accidents, injuries or death due to swimming or the use of equipment whether provided by us or by you. We also accept no liability to any person for loss or damage to any property, personal belongings or personal affects stolen from the Vessel or damaged or otherwise lost during the Charter Period.
c. You understand that we give no warranties as to the condition of the Vessel except as contained in these Terms and Conditions and those implied by the Trade Practices Act 1974 or any other relevant law, but nothing herein restricts you from exercising your right and remedies under those laws. Where these laws permit us to limit liability for breach of implied warranty or condition we limit our liability to replacement, re-supply or repair and in particular we are not liable for any indirect or consequential loss or damage.
12 Penalty interest
|You agree that if you have any monies outstanding under this Agreement, you are liable to pay interest at the rate from time to time prescribed in the Penalty Interest Rates Act.|