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VESSEL DESCRIPTION
1. The Hirer will take on and hire the vessel ("the vessel") and trailer ("the trailer") and equipment as set out in the schedule located aboard the vessel.
DURATION OF HIRE
2. The term of hire shall be for the period as described in this agreement. Late return of vessel will be charged for on a days hire basis or part thereof.
OPERATION OF VESSEL
3.The vessel may only be operated by persons over the age of 20 years, and who are named in this agreement.
4.The Skipper (Hirer) fully understands the approved SSM operating area of the vessel, and that the vessel is not permitted to go outside the designated areas.
PAYMENTS BY HIRER
4. The Hirer shall pay the owner in advance payment for the hire of the vessel for the period specified in clause 2 of this agreement the sum as specified in this agreement.
5. The Hirer shall also pay to the owner on commencement of the hiring a bond of $800.00, which will be fully refunded when the vessel is returned, provided there is no loss or damage to the vessel, motor, trailer or any associated equipment. The cost of repairing the damage or loss, up to the value of $800.00 to be deducted from bond.
6. The Hirer shall pay for all petrol used in the vessel during the period of hire.
HIRERS OBLIGATIONS
7. The Hirer may operate the vessel within inshore limits as defined by the Safe Ship Management certificate, and within 10 miles of a safe haven. Travel to Gt Barrier must have approval of Owner prior to departure.
8. The Hirer shall notify the owner as to the general area in which the vessel shall be operated during the period of hire and must advise Owner immediately should there be any deviation to planned trip.
9. The Hirer shall ensure that;
(a) There is sufficient outboard oil in the on board reservoir for the duration of each days operations,
(b) The tyres on the trailer are maintained at their proper pressure.
10. The Hirer shall ensure that all reasonable care is taken in handling the vessel and trailer, that all safety procedures and precautions are followed at all times and that the vessel and trailer is left secure when not in use.
11. The Hirer shall ensure the trailer is towed only by the persons named in this agreement by a vehicle with a current registration and warrant of fitness and only if they hold a current drivers licence.
12. The Hirer shall at all times during the period of hire comply with the Ministry of Fisheries (MOF) rules and regulations in force from time to time. The Hirer hereby indemnifies the owner in respect of any loss or damage suffered, including consequential loss or damage as a result of breach of MOF rules and regulations.
13. The Hirer shall not leave the vessel unattended at anchor for a period exceeding 12 consecutive hours except when the vessel is on an approved mooring.
14. The Hirer agrees that all safety equipment on board the vessel including the EPIRB shall be activated only in an emergency. The Hirer indemnifies the owner for any loss or damage suffered due to malicious or reckless use of the safety equipment.
15. The Hirer shall at all times operate the vessel in accordance to instructions / procedures stipulated in the SSM manual
16. The Hirer must maintain a careful watch on weather conditions if weather conditions deteriorate the vessel shall be taken to a place of safety before such time as the seaworthiness of the vessel is affected and safe.
17. The Hirer will ensure they are sufficiently well rested for duration of hire.
INSURANCE
18. Subject to the exclusions set out below, the Hirer, and any person authorised to operate the vessel, is indemnified to the extent of $1 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 vessel.
EXCLUSIONS
The indemnities referred to above shall not apply where the damage, injury, or loss arises when:
(a) The operator of the vessel is under the influence of alcohol or any drug that affects his or her ability to operate the vessel.
(b) The vessel is in an unsafe or unseaworthy condition that arose during the course of the hire and that caused or contributed to the damage or loss and the Hirer or operator was aware or ought to have been aware of the unsafe or unseaworthy condition of the vessel.
(c) The vessel is operated in any race, speed test, or contest.
(d) The vessel is operated by any other person not named in this agreement as an authorised operator.
(e) The vessel is wilfully or recklessly damaged by the Hirer or any other person named in clause 3 of this agreement or operating the vessel under the authority of the Hirer, or is lost as a result of the wilful or reckless behaviour of the Hirer or any such person.
(f) The vessel is operated outside the authorised area.
(g) The vessel is operated outside the term of the hire or any agreed extension of that term.
(h) The Hirer breaches any applicable MOF regulations, any Act, regulations or bylaws.
THE HIRER
a. Acknowledges that he or she shall be liable in respect of the first $800.00 of the damage or loss referred to in the insurance cover specified in this clause.
b. Accepts that the vessel is hired to the Hirer at the Hirer's own risk in respect of loss of or damage to the vessel and consequential loss by the owner.
The Hirer accepts that he or she may be liable to the owner for any loss or damage to the vessel and consequential loss.
OWNERS OBLIGATIONS
19. The owner shall supply the vessel in a safe and seaworthy condition.
20. The owner shall supply the trailer in a roadworthy condition with a current warrant of fitness and registration.
21. The owner shall be responsible for all ordinary and extraordinary costs of running the vessel during the term of hire except to the extent that by the terms of this agreement those costs are payable by the Hirer.
MECHANICAL REPAIRS AND ACCIDENTS
22. If the vessel is damaged or requires repair or salvage, whether because of an accident or breakdown, the Hirer shall advise the owner of the full circumstances by radio, telephone or by other telecommunication as soon as practicable.
23. The Hirer shall not arrange or undertake any repairs or salvage without the authority of the owner except to the extent that the repairs or salvage are necessary to prevent further damage to the vessel or to other property.
24. The Hirer shall ensure that no person except in an emergency, interfere with any part of the outboard or electrical system of the vessel.
USE OF THE VESSEL
25. The Hirer shall not use or permit the vessel to be used for the carriage of passengers for hire or reward.
26. The Hirer shall not-
(a) Sublet or hire the vessel to any other person
(b) Permit the vessel to be operated outside his or her authority
(c) Operate the vessel, or permit it to be operated with excess breath or blood alcohol or under the influence of drink or drug.
(d) Operate the vessel or permit it to be operated in any race, speed test or contest.
(e) Operate the vessel or permit it to be operated in breach of any Act, regulations, or bylaws relating to marine transport.
(f) Operate the vessel 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 the owner.
(g) Operate the vessel during the hours of darkness except with the written approval of the owner.
RETURN OF THE VESSEL
27. The Hirer shall, at or before the expiry of the term of hire, deliver the vessel back to the place of hire or obtain the owners consent to the continuation of the hire.
28. The owner shall have the right to terminate the hiring and take immediate possession of the vessel if the Hirer fails to comply with any of the terms of this agreement, or if the vessel is damaged. The termination of the hiring under the authority of this clause shall be without prejudice to the other rights of the owner and the rights of the Hirer under this agreement or otherwise.
CANCELLATION POLICY
29. If a booking is cancelled within 72 hours of the specified booked date a cancellation fee of $125 will apply (unless due to poor weather conditions in which case we will refund your deposit or rebook for another suitable date).
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