Our Hire Policy
1. HIRE
The Owner shall let and the Hirer shall take on the hire equipment referred Ia in Schedule 1 hereof (“the Hired Equipment”) for the period referred to in Schedule 2 hereof.
2. RENT AND BOND
(a) The Hirer shall pay to the owner the rental and bond as set out in Schedule 4 hereof.
(b) All the fees referred to in Schedule 4 hereof must be paid by the Hirer before the Hired Equipment is delivered to the Hirer.
(c) At the conclusion of the hire the Owner shall refund the amount of the bond to the Hirer less any deductions which the Owner is hereby authorised to make for the cost referred to in clause 4(c), 5, 7(c) and 8 hereof.
(d) In the event that the amount of the costs referred to in this clause 2(c) exceed the amount of the bond such excess shall be a debt due to and recoverable by the Owner against the Hirer.
3. COLLECTION OF THE HIRED EQUIPMENT
(a) The Hirer shall collect the Hired Equipment from the Departure Point set out in Schedule 2 at the agreed time for the commencement of the hire period referred to in Schedule 2.
(b) Prior to taking the Hired Equipment the Hirer will examine the Hired Equipment and satisfy himself that the Hired Equipment is in a safe and serviceable condition. If the Hirer is concerned about any defect in the Hired Equipment or the condition of some he should specify the problem and discuss it with the Owner before taking delivery of the Hired Equipment. Any problem not resolved should be written on the front page hereof and signed by the Hirer and the Owner.
4. RETURN OF HIRED EQUIPMENT
(a) The Hirer will return the Hired Equipment in good order and in the same condition as when the Hirer first took delivery of the Hired Equipment.
(b) The Hirer will return the Hired Equipment to the Owner at the Return Point set out in Schedule 2 at the end of the hire period referred to in Schedule 2.
(c) If the Hirer does not return the Hired Equipment as required under this agreement the Hirer will be liable for additional hire fees based on the length of time it remains overdue. The minimum additional charge will be the equivalent to the rate of one days hire as stipulated in Schedule 4 hereof.
5. DUTIES OF HIRER
The Hirer hereby undertakes and warrants as follows:
(a) Not to authorise, permit or suffer the boat to be driven by any other person than himself.
(b) Not to part with possession of the Hired Equipment.
(c) Not to leave the Hired Equipment unattended at any time between the collection and the return of the Hired Equipment.
(d) To drive the boat and use all the Hired Equipment in a careful and prudent manner and not to operate the Hired Equipment in a reckless or dangerous manner nor whilst under the influence of intoxicating liquors or drugs.
(e) To comply with the provisions of all statutes rules and regulations in force in relation to the use or driving of boats in such circumstances.
(f) To only use the Hired Equipment in the designated area set out in Schedule 2 and not to take the Hired Equipment out to sea. The Owner will in no way be held responsible for any injury, death or damage to or loss of property as a result of the Hired Equipment being taken and used outside the designated area set out in Schedule 2 or at sea.
Any loss or damage caused as a result of a breach of any one or more of these conditions shall be paid for by the Hirer or recovered from the Hirer (including by way of deductions from the Bond)
6. NOTIFICATION OF DAMAGE OR ACCIDENT
In the event of any damage occurring to the Hired Equipment or mechanical difficulty manifesting itself or any accident occurring in which the Hired Equipment or the Hirer in involved the Hirer agrees forthwith to notify the Owner by the quickest means possible giving all details in respect thereof and to furnish such further information in relation thereto as the Owner may thereupon or at a later date require and will obey instructions in respect of the Hired Equipment as the Owner may communicate to him.
7. ACCIDENT OR BREAKDOWN
(a) The Hirer will not be entitled to recover from the Owner any sum for any delay, inconvenience or loss of any kind due to any accident, breakdowns or defect in the Hired Equipment or from any other cause whatsoever.
(b) The Owner will pay for repairs required as a result of any breakdown or defect provided there is no evidence that the breakdown or defect has been caused or contributed to by the mistreatment or improper use of the Hired Equipment by the Hirer. The Owner and not the Hirer shall determine, in their absolute discretion, whether, when, where, who and what expense shall be involved in repairing the Hired Equipment pursuant to this sub-clause. AND it is hereby acknowledged by the Hirer that the Owner shall have no obligation to repair the Hired Equipment during the term of the hire set out in Schedule 2.
(c) If there is any evidence that the breakdown or defect has been caused or contributed to by the mistreatment or improper use of the Hired Equipment by the Hirer then the Hirer must pay for any necessary repairs or replacements and then Bond may be held pending ascertainment of the cost thereof.
8. FAILURE TO RETURN HIRED EQUIPMENT
In the event of the Hired Equipment not being returned by the Hirer at the expiration of the period of hiring hereby agreed upon the Owner shall without prejudice to any other rights hereunder be at liberty forthwith to notify the police of the circumstances and generally to take such action civil or criminal proceedings as he may deem necessary for the recovery of possession of the Hired Equipment. The Owner shall not be liable to the Hirer for any loss damage injury fine or costs incurred or sustained by him upon any cause of action whatsoever and the Hirer agrees to indemnify the Owner in respect thereof.
9. CANCELLATION
The Owner reserves the right to cancel the hiring of any Hired Equipment or any part of the Hired Equipment at any time.
10. BREACH
In the event of the Hirer, or his passengers in the boat, committing any breach of the terms and conditions herein contained or in the Owner’s opinion acting or behaving in any manner likely in the opinion of the Owner to prejudicially affect or jeopardise the interest of the Owner in the Hired Equipment then and in any such event the Owner may without the necessity of giving the Hirer notice determine the hiring hereby created and retake possession of the Hired Equipment without prejudice to any claims the Owner may have against the Hirer in respect to any matters occurring prior to such determination.
11 . RECOVERY ON DEFAULT OR NEGLECT OF HIRER
The Hirer agrees to pay to the Owner the full amount of any judgement recovered against the Owner and the full amount of any loss howsoever sustained by the Owner arising out of or resulting from the default or neglect of the Hirer or his passengers in the boat.
12. WARNINGS AND INDEMNITY
The Hirer acknowledges the warnings issued in the Laminated Operating and Safety Guide detailed in Schedule 1 and will make no demand or claim against the Owner for any injury or death or damage to or loss of property resulting therefrom. The Hirer undertakes to inform all persons accompanying him of the warnings issued in the Laminated Operating and Safety Guide detailed in Schedule 1. The Hirer enters the designed area set out in Schedule 3 at his own risk. The Hirer voluntarily assumes the risks set out in the warnings issued in the Laminated Operating and Safety Guide detailed in Schedule 1. The Hirer indemnifies the Owner against all loss suits actions claims demands whatsoever arising out of accidents resulting from the Hirer’s use of the Hired Equipment and the risks implied by the warnings in the Laminated Operating and Safety Guide detailed in Schedule 1 whether by the Hirer or his passengers in the boat.