Terms And Conditions

GoBoat Hire Terms and Conditions

This document (the ‘Agreement’) records the Hire Terms and Conditions on which you (the ‘Participant’):

  (a) agree to hire a Boat from GoBoat; and

  (b) declare your participation in the Activities.

GoBoat may in its absolute discretion refuse to hire any Boat to a Customer and/or allow a Participant to use a Boat, and may cancel a booking or require the early return of a Boat or exclusion of a Participant where a Participant does not comply with this Agreement.

GoBoat may at any time vary this Agreement without notice. Once published on the GoBoat website, variations to this Agreement will only apply to Agreements entered into after the variations have occurred.

1 Definitions and interpretation

1.1 Unless the context requires otherwise:

Activities means the hire and use of a Boat and any related equipment (i.e personal floatation devices) owned by GoBoat.

Additional Hire Charges means additional fees charged by GoBoat where the Customer exceeds the Hire Period without extending the Hire Period with GoBoat’s prior agreement, and fees such as cleaning and repair fees as set out on the Site or advised by GoBoat from time to time.

Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition Consumer Act 2010 (Cth).

Boat means the electric self-drive picnic boat or manual paddle boat owned by GoBoat and hired to the Customer in accordance with this Agreement and includes any related equipment (i.e. personal floatation devices) supplied by GoBoat.

Booking Form means a document or electronic form which GoBoat may require the Customer to complete and sign (or accept in a way GoBoat requires including electronically) which includes particulars of the Customer, Participants, Boat, the Hire Period and such other information as GoBoat may require and includes corporate booking forms.

Claim includes any claim, including but not limited to a notice, demand, debt, account, action, expense, damage, cost, lien, liability, proceeding, litigation (including reasonable legal costs), investigation or judgment of any nature, whether known or unknown.

Commencement means the actual time and date when the Customer takes possession of a Boat.

Consumer Guarantee means a consumer guarantee as it applies to supplies made under this Agreement, as set out in under Part 3-2, Division 1 of the Australian Consumer Law.

Customer means the person or company named in the Booking Form, who is also a Participant.

Event of Default means an event of default described in clause7.1.

GoBoat means GoBoat Canberra (Sustainable Valuables Pty Ltd), GoBoat Operations (AUS) Pty Ltd ABN 99 636 254 843, GoBoat Melbourne Pty Ltd ABN 17 628 241 912, GoBoat Brisbane Pty Ltd ABN 49 639 897 680 and each of those entities employees, agents, volunteers and contractors, together with local government and all public bodies, landholders, sponsors and suppliers in any way involved in the organization or conduct of the Activities.

GST has the meaning given in GST Law. GST Law has the meaning given in A New Tax System (a Goods and Services Tax) Act 1999 (Cth).

Hire Bond means the security bond the Customer must pay GoBoat via credit card hold (or other means as agreed with GoBoat) as security for any damage or loss caused to the Boat or any Additional Hire Charges which are not otherwise paid.

Hire Charge means the amounts shown on the Booking Form or during the booking process payable by the Customer to hire a Boat.

Hire Period means the time period on the booking date which the Customer has selected and GoBoat has confirmed during which the Customer may use the Boat. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if GoBoat agrees. GoBoat may issue and require the Customer to sign an amended Booking Form for any extension of or change to, the Hire Period.

Location means the location from which the Boat is hired and where it may be used as set out in the Booking Form.

Loss means any damage, loss, liability, expense or cost whether direct or indirect, consequential or incidental.

Participant means any passenger which uses the Boat, including the Customer and the Skipper, as listed on the Booking Form.

Safety Briefing means the initial instruction and briefing which GoBoat must provide to all Participants prior to boarding a Boat in any form, whether electronic, orally or otherwise.

Site means GoBoat’s website or application from which bookings can be made, namely www.goboat.com.au

Skipper means the person, over 18 years, who is nominated by the Customer on the Booking Form as being the authorised driver of the Boat.

2 Hire of a Boat

2.1 In consideration of the Customer agreeing to pay the Hire Charge and the Hire Bond, GoBoat agrees to hire a Boat to the Customer at the Location for the Hire Period in accordance with this Agreement.

2.2 GoBoat will provide confirmation to the Customer where it accepts a Customer’s request to hire a Boat. Where a booking request is not confirmed, GoBoat is under no obligation to hire a Boat to the Customer. Whilst the Customer may hire a Boat in person, GoBoat makes no guarantee or warranty as to the availability of a Boat where a confirmed booking has not been made. Customers booking in person may be directed to complete their booking via the Booking Form on the Site (i.e. using a tablet supplied by GoBoat) or via paper Booking Form.

2.3 GoBoat will ensure that a Boat is clean and in good working order as at the start of the Hire Period. GoBoat will also supply personal floatation devices for each Participant.

2.4 Title in a Boat remains with GoBoat at all times during the Hire Period.

2.5 Risk in a Boat lies with the Customer at all times from Commencement until the end of the Hire Period.

3 The Customer’s Obligations when Hiring a Boat

3.1 The Customer must:

(a) satisfy itself at the Commencement that a Boat is suitable for its purposes. The Customer must notify GoBoat prior to using the Boat of any apparent damage, defects, hazards or risks identified with the Boat, or otherwise it will be deemed that the Boat is in good working order and without damage during the Hire Period;

(b) correctly complete the Booking Form, including listing the correct number of Participants, nominating a Skipper and selecting a Hire Period. The Customer and/or the Skipper may be required to provide identification documents to GoBoat at the time of hire;

(c) ensure that all Participants are suitably instructed of the safe and proper use of the Boat, have signed this Agreement and participated in the Safety Briefing;

(d) ensure that the combined weight of the Participants (and any possessions, equipment or other items taken on board the Boat) do not exceed the weight capacity as advised by GoBoat when completing the Booking Form. GoBoat reserves the right to refuse to hire a Boat where it believes the weight capacity for a Boat will be exceeded;

(e) immediately report and provide full details to GoBoat as soon as any accident or damage occurs in respect of a Boat;

(f) return the Boat to GoBoat in a clean state and good working order. In the event a Boat is not returned clean and in good working order, GoBoat may charge and the Customer must pay Additional Hire Charges for all cleaning and repair costs incurred by GoBoat;

(g) nominate a Skipper on the Booking Form who must be at least 18 years or over, physically capable of operating the Boat and who must not be under the influence of drugs or have alcohol present in his/her system at any time during the Hire Period in excess of 0.00% blood alcohol content. GoBoat reserves the right to refuse to hire a Boat to a Customer where the nominated Skipper is not present at the commencement of the Hire Period, or where the nominated Skipper displays signs of being intoxicated, under the influence of drugs, fails to comply with the instructions or directions of GoBoat, or in GoBoat’s total discretion is unsuitable to operate the Boat; and

(h) ensure that the person collecting the Boat on behalf of the Customer is authorised by the Customer as the Skipper to do so and the Customer will not allege that any such person is not so authorized.

3.2 The Customer must NOT:

(a) tamper with, damage or attempt to repair a Boat;

(b) lose or part with possession of a Boat;

(c) rely upon any representation relating to a Boat or its operation other than those contained in this Agreement or provided by GoBoat in writing;

(d) allow any person to operate the Boat if the person is affected by drugs and/or alcohol;

(e) allow any person under the age of 18 to operate the Boat without supervision; or

(e) exceed the recommended or legal load and capacity limits of the Boat, being 8 persons and no more than 900 kilograms

4 The Participant’s Obligations when Using a Boat

4.1 Each Participant at all times during the Activities must:

(a) have signed this Agreement and participated in the Safety Briefing;

(b) take all due care when using the Boat and not cause any loss or damage to the Boat, injury to any person or any loss or damage to any other equipment

(c) indemnify GoBoat for any losses, damages, claims, injuries, liabilities, costs, charges, or expenses to the Boat, any persons and any third party property caused or contributed to by any Participant;

(d) ensure that they are mentally and physically able to participate in the Activities and can swim sufficiently so as to save their own life in the event of a capsize or falling overboard;

(e) follow the directions of the GoBoat team and the Skipper;

(f) use the Boat safely, strictly in accordance with the law of the state or territory in which the Boat is hired, only for its intended use, and in accordance with any instructions provided by GoBoat;

(g) behave in a safe and responsible manner and in accordance with the instructions, rules and directions of GoBoat, and all laws of the state or territory in which the Boat is hired;

(h) wear their allocated personal flotation device as directed by GoBoat whilst participating in the Activities;

(i) safely secure all items brought onto the Boat or in the possession of any Participant, and indemnify GoBoat in respect of any loss, injury and/or damage caused by items in the possession of any Participant falling from the Boat or sustaining damage (including water damage);

(j) acknowledge that any loss or damage (i.e. water damage) to personal property is the sole responsibility of the Participant and GoBoat accepts no liability for any such loss or damage to personal property;

(k) consent to emergency medical care and transportation in order to obtain treatment in the event of injury to the Participant as a medical professional may deem appropriate;

(l) supply their own food, beverages, sun protection and other necessary items for the duration of the Hire Period unless GoBoat has agreed to supply catering or other items during the booking process;

(m) declare any food intollerances or allergies to GoBoat, where catering is supplied by GoBoat; and

(n) be over the age of 18 years of age, if the Participant is the Skipper.

4.2 Each Participant at all times during the Activities must NOT:

(a) board the Boat or participate in the Activities unless in good physical condition;

(b) be under the influence of illegal drugs and nor have consumed excessive alcohol (as per GoBoat policies and state or territory legislation and regulation in the jurisdiction of the activity);

(c) litter (including throwing rubbish or liquids overboard) or damage the Boat or any third party property;

(d) swim or alight the Boat into the water;

(e) attempt to fish from the Boat or interfere with any flora or fauna (in particular, aquatic life);

(f) behave in any manner which is unsafe, dangerous, unnecessarily loud, disruptive or offensive to others to the standard of a reasonable person, contrary to any policies of GoBoat or contrary to any law or policies of the state or territory in which the boat is hired;

(g) use or carry any illegal, prohibited or dangerous substance in or on a Boat; and

(h) exceed the recommended or legal speed limit of the Boat.

5 Fee

5.1 The Customer must prepay the Hire Charge and Hire Bond prior to Commencement (or at such other times as agreed in writing by GoBoat for corporate Customers).

5.2 Without limiting the ability of GoBoat to recover all amounts owing to it, the Customer authorises GoBoat to charge any amounts owing by the Customer (including but not limited to the Hire Bond and Hire Charge) to any credit card or bank account details of which are provided by the Customer to GoBoat.

5.3 The Customer authorises GoBoat to deduct the Additional Hire Charges from the Hire Bond and/or Customer’s nominated credit card or account details as soon as the Customer exceeds the Hire Period. The Customer acknowledges and agrees that the Additional Hire Charges are significantly higher than the Hire Charges and the Customer accepts these higher rates where the Customer has not extended its Hire Period with the prior agreement of GoBoat in writing.

5.4 The late return fee as at 16 November 2021 is $50 per 15 minutes the boat is returned later than the scheduled Hire Period.

5.5 The scheduled Hire Period is not affected by any late departure, and the boat must be returned at the agreed time.

5.6 The Hire Bond will be returned to the Customer (less any amounts deducted for Additional Hire Charges, loss or damage) by way of either a refund or cancellation of pre-authorisation to the customer's credit or debit card after the boat is returned in the condition it was hired at the commencement of the hire period. GoBoat is not responsible for delays relating to refunds or pre-authorisations after such time as they are processed by GoBoat employees, and the customer should contact their bank to resolve any delays.

5.7 If for whatever reason a Boat is not returned to GoBoat, the Customer will pay the current retail price of a Boat as advised by GoBoat, immediately upon the request of GoBoat. As at 1 April 2022 the current retail price of a Boat exceeds $35,000.

5.8 The Customer is responsible for loss or damage caused to the Boat or any other equipment supplied by GoBoat; all costs incurred in cleaning a Boat; any fines, penalties, levies or charges payable in respect of this Agreement or arising from the Customer’s use of a Boat; all costs incurred by GoBoat in recovering possession of a Boat or items lost overboard; a late payment fee calculated daily at 3% per month on all amounts owing by the Customer not paid on time; and any Additional Hire Charges; the cost of items provided by GoBoat and not returned by the Customer; any expenses and legal costs incurred by GoBoat in enforcing this Agreement due to the Customers default. The Customer must, immediately on demand from GoBoat, pay GoBoat for any Claims, costs, expenses, loss, damage, fees, fines or other monetary amounts incurred or suffered by GoBoat as a result of the Customer’s default under this clause and/or under any other provision of this Agreement.

5.9 GoBoat may increase the Hire Charges at any time, excepting that confirmed bookings will not be subjected to increased Hire Charges.

6 Cancellation

6.1 A Customer may only cancel a confirmed booking by providing notice in writing to GoBoat in advance of the Hire Period.

6.2 Where cancellation notice is provided more than 72 hours prior to the Hire Period, GoBoat will refund all monies prepaid by the Customer, less any transaction processing fees imposed on GoBoat by its payment processing platform.

6.3 Where cancellation notice is provided between 72 – 24 hours prior to the Hire Period, the Customer will be provided a credit of their Hire Charges to use towards future bookings.

6.4 In the event that the Customer fails to provide at least 24 hours notice, the full amount of the Hire Charges are payable by the Customer to GoBoat, with the exception of a cancellation enforced by GoBoat (in which case a credit for the Hire Charges will be provided) or made by the Customer due to inclement weather, in which case a rebooking fee of up to 50% of the value of the Hire Charges may be deducted from any credit.

6.5 GoBoat reserves the right to change the date or time on which the Boat is provided due to severe weather conditions or other extenuating circumstances as part of proper management of our booking system.

6.6 Customers who add optional Cancellation Protection can cancel their booking up to 4 hours before the start of the Hire Period for a refund or credit. Refunds exclude the value of the Cancellation Protection and any payment made using credit vouchers or gift cards.

7 Warranties and Liability

7.1 Where the Australian Consumer Law applies the Participant has the benefit of guarantees in relation to the hire of a Boat which cannot be excluded.

7.2 To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply, GoBoat makes no representations and gives no warranties other than those set out in this Agreement, and will not be liable to any Participant for any Loss, Claims, damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the use of a Boat by the Participant.

7.3 The Participant indemnifies and holds GoBoat harmless to the full extent permitted by law for any Claim, Loss or damage whatsoever (including but not limited to the loss of personal property of the Participant) arising in connection with the use of a Boat by the Participant or this Agreement, including any third party Claims.

7.4 In accordance with Australian Consumer Law, GoBoat’s liability for any breach of this Agreement is limited to the supplying of the goods or services to the Customer again, or payment of the Hire Charge to the Customer.

7.5 GoBoat is not liable for any indirect or consequential loss (including loss of profit or opportunity) arising out of the hire of the Boat and GoBoat’s liability is limited to the extent that a Participant contributed to the loss or damage.

7.6 The Participant will be liable for payment of the excess on applicable GoBoat insurance policies where the Participant has caused or contributed to loss or damage of a Boat, third party, or third party property and insurance will cover the loss or damage. As at 1 April 2022, GoBoat's insurance excess is $1,000. Where GoBoat’s insurance will not cover the loss or damage, or the proceeds of an insurance claim are not sufficient to cover the loss or damage caused or contributed to by the Participant, the Participant will be liable for the full amount of the cost of replacement or repair as a debt immediately payable and owing.

8 Event of Default and Termination

8.1 An Event of Default will occur where the Customer or any Participant fails to perform or observe any of the obligations or provisions contained in this Agreement or fails to pay any charges or fees owed to GoBoat.

8.2 If an Event of Default occurs GoBoat may at its option and in addition to any other rights under this Agreement or at law:

(a) refuse, cancel or terminate a booking (and require the immediate return of the Boat where the Hire Period has commenced);

(b) charge the Customer’s credit card or nominated account for any charges or fees owing to GoBoat;

(c) terminate this Agreement;

(d) repossess a Boat; and/or

(e) by proceeding by appropriate court action, either at law or in equity, enforce performance of the applicable terms and provisions of this Agreement or recover damages for the breach concerned.

8.3 The Customer indemnifies GoBoat for any Claims, damages, costs or Loss resulting from a breach by the Customer and/or Participants of any provision of this Agreement.

8.4 In the event of damage to or breakdown of the Boat rendering it inoperable, regardless of the reason, no responsibility can be accepted by GoBoat for loss of time and any other damages or expenses incurred as a result hereof. GoBoat shall not be responsible for the consequence of any delay, restriction or cancellation of the Boat hire arising from repairs or damage or other circumstances beyond its control.

9 Privacy

9.1 GoBoat will comply with the Australian Privacy Principles in all dealings with its Customers.

10 Catering

10.1 Boat hire bookings do not include food or beverages unless agreed with GoBoat. Where catering is supplied by GoBoat, the amount of such catering will be advised by GoBoat during the booking process and will be charged to the Customer’s credit card or nominated bank account.

10.2 The Customer is responsible for ensuring that sufficient catering is ordered for all Participants and to advise GoBoat in writing of any allergies or dietary requirements, which GoBoat will request that its suppliers accommodate, where possible. GoBoat gives no representations and makes no warranty that any catering supplied will meet the dietary requirements of any Participant or that it will be free from allergens or trace ingredients.

10.3 An order for catering made through GoBoat may not be cancelled within 72 hours of the scheduled departure unless expressly advised by GoBoat. Whether or not the scheduled booking takes place, the Participant may collect the catering from GoBoat at the originally scheduled time.

11 General

11.1 This Agreement and the Booking Form constitute the entire understanding between the parties and supersedes all prior agreements, understandings and communications, whether written or oral.

11.2 This Agreement operates as a ‘standing agreement’ and each booking shall constitute a separate contract for supply of a Boat between the parties.

11.3 If any provision of the Agreement is illegal or unenforceable in any relevant jurisdiction, it must be enforced to the maximum extent possible, and if unenforceable may be severed for the purposes of that jurisdiction, without affecting its enforceability in any other jurisdiction or the enforceability of any other part of this Agreement.

11.4 Clauses 1, 5, 6, 7, 8, 9 and any warranties and indemnities survive termination or expiration of this Agreement.

11.5 Any special conditions applicable to a Customer as set out in a Booking Form (where the booking has been confirmed by GoBoat) prevail to the extent of any inconsistency with this Agreement.

11.6 This Agreement is governed by and is to be construed in accordance with the laws applicable in the Location in which the Boat is hired.

11.7 The Boat must not be used for commercial use without the prior written permission from GoBoat.