AMIRA LUXURY HOUSEBOAT RENTAL AGREEMENT
AMIRA LUXURY HOUSEBOAT RENTAL AGREEMENT
In consideration of Amira Luxury Houseboat (ALH) renting to the Hirer, both parties agree to the Amira Luxury Houseboat Terms and Conditions and the Rental Agreement detailed below:
1. Hirer/Driver
o The Hirer (also referred to as ‘Designated Skipper’) is fully responsible for the vessel and crew. They will be briefed and assessed by our Master 5 Skipper on navigation, safety, anchoring and engine operations as part of check-in procedures.
o The Hirer will be required to sign a Rental Agreement Contract and a Safety Induction before departure and confirm that they have received a copy of all operating manuals which they have or will review prior to the use or operation of the houseboat.
o We require the Designated Skipper to be over 25 years age to be able to be in charge of the vessel. We will need to make a copy of the skipper’s driver licence and credit card. As we use a guide to navigate and anchor, we don’t require the Designated Skipper to hold a boat licence.
o While the vessel is underway we provide you with a Guide (included in price) to move you to the designated anchorage(s).
o The vessel is not to be driven without our Guide except in the case of an unlikely emergency. 2. Prohibited Use.
o Houseboat shall only be used for the manufacturer’s intended purposes as a recreational watercraft.
o Houseboat shall NOT be used:
At any location other than within the waters west of Stradbroke Island. NEVER TO BE DRIVEN
UNDER ANY BRIDGE OR INTO ANY MARINA. The boundaries are shown on the map
provided;
To carry any more people than 12 PEOPLE.
To carry hazardous or explosive substances;
In any race, test or competitive event;
To push or tow any other houseboat or other watercraft, except as specified.
By any person other than the Hirer;
For any illegal purpose or in an illegal manner OR after dusk or at night-time.
In a reckless, abusive or negligent manner;
If further use of the houseboat might cause damage (e.g. any engine warning light, beep, horn
on);
By any person after drinking alcohol or using any drugs (at least one adult must be sober at
all times);
To carry loads beyond the houseboat’s capacity regardless of the degree of intoxication or
impairment;
No access to the roof or jumping off the roof on the vessel.
No rafting of vessels alongside of Amira.
In violation of the terms and conditions of this Agreement.
IN NO EVENT SHALL HIRER SUB-RENT OR LEASE houseboat TO ANOTHER PERSON OR ENTITY. HIRER’S rights under this Agreement are non-transferable.
If houseboat is obtained from ALH by fraud or misrepresentation or is obtained or used in furtherance of an illegal purpose, all rights to the use of houseboat are revoked, and subsequent use is without ALH’S permission.
NO PETS OF ANY KIND ARE ALLOWED ON THE houseboat. HIRER shall not leave the houseboat unattended for any period of time.
3. Delivery and Return of houseboat.
o HIRER acknowledges that HIRER receives the houseboat in good condition (except as specifically listed on the Condition of Report hereof). ALH MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES INCURRED AS A RESULT OF USING OR POSSESSING THE houseboat IS EXPRESSLY DISCLAIMED.
o HIRER is responsible for proper maintenance of the houseboat while in HIRER’S possession and/or control. The houseboat is the property of ALH and shall be returned to ALH in a clean condition together with all items, in the same condition as when received, ordinary wear and tear excepted.
o All rubbish to be placed in bins/ bags provided
o Dishes are to be washed and put away.
o All items to be returned to their original location.
o A minimum cleaning fee of $150.00 will be charged for houseboat returned unclean.
o If the houseboat is not returned by the agreed time, HIRER agrees to pay $200 per hour or any part thereof.
o ALH, or any of its agents or employees, may peacefully repossess the houseboat, without
demand, or liability for trespass, and terminate this Agreement, if the houseboat is used in violation of law or this Agreement, or is apparently abandoned. HIRER shall pay ALH’S costs and expenses in repossessing the houseboat. HIRER acknowledges and agrees that due to circumstances beyond ALH’s control, the houseboat may not be available for rental on the Departure Date. In such event, HIRER shall be notified as soon as practicable and shall be given a full refund. ALH shall have no further liability to HIRER.
o If the houseboat is used in violation of law or this Agreement, or is apparently abandoned, ALH or its representatives, may repossess the houseboat and terminate this Agreement. HIRER shall pay for any associated costs.
o HIRER acknowledges and agrees that due to circumstances beyond ALH’s control, the houseboat may not be available for rental on the Departure Date. In such event, HIRER shall be notified as soon as practicable and shall be given a full refund. ALH shall have no further liability to HIRER.
3. Security Bond
! The Security Bond is refunded when the houseboat is inventoried, inspected, and found to be clean and undamaged upon return, less outstanding charges, including, but not limited to, any damage to the houseboat, lost, or damaged items, late fees and cleaning fees.
! The acceptance of the Security Deposit is not a waiver of the Owner’s right to charge for damages in excess of the Deposit.
4. Responsibility for Loss of or Damage to houseboat
! HIRER is responsible for any and all loss, damage, consequential damages and injuries while operating, maintaining and mooring houseboat. HIRER is not to berth vessel at any marina or wharf or drive under any bridge.
! ALH is not liable for loss or other damage to any property of HIRER or any other person who may have been in or on the houseboat. HIRER shall be responsible for damage HIRER may cause to other property in or around a MARINA facility itself occasioned by HIRER’S actions or actions of any guest of HIRER.
! If houseboat becomes unsafe or in disrepair for any reason, HIRER agrees to discontinue use of the houseboat and notify ALH immediately. Upon such notification, ALH will use its best efforts to repair or replace equipment on the houseboat with similar equipment in good working order. ALH is not responsible for any incidental or consequential damages caused by damage, repairs, and delays or otherwise, and no rental will be abated.
! HIRER hereby assumes all risk of any loss or damage and waives all claims therefore against ALH.
5. Indemnity
! HIRER agrees to indemnify and hold ALH harmless and the owners of the houseboat, from and against any and all losses, liabilities, lost profits, special, incidental or consequential damages, injuries, claims, demands, costs and expenses arising from or out of the use or possession of the houseboat, injury to HIRER or HIRER’S guests, or in connection with this Agreement and waives all rights to claim any such damage as against ALH and the owner of the houseboat.
6. Accidents, Theft, or Vandalism
! HIRER shall immediately report any accident, theft or vandalism involving the houseboat to HIRER’S insurer, the police, and ALH, and deliver to HIRER’S insurer and ALH, a copy of every process, pleading, notice, or paper of any kind received by HIRER relating to any claim, suit or proceeding in connection with any accident or event involving the houseboat.
7. Legal Fees
! If this Agreement is placed in the hands of a solicitor for collection, enforcement, or otherwise, HIRER agrees to pay all solicitor’s fees and expenses incurred by ALH.
8. Choice of Law
! HIRER and ALH agree that this Agreement shall be governed and construed in accordance with the laws of the State of Queensland without giving effect to its conflicts of laws principles. The parties hereby consent to the jurisdiction and venue in Queensland, Australia.
9. Severability
! If any provision of this Agreement is found to be void, invalid or unenforceable, such finding shall not affect the validity or enforceability of any other provision of this Agreement.
10. Entire Agreement and Binding Effect
! This Agreement constitutes the entire understanding of the Parties with respect to the subject matter contained herein, and shall supersede all other previous agreements, oral or written, with respect to the same. This Agreement is binding upon the heirs, successors, and assigns of the Parties.