Terms and Conditions

BELOW ARE OUR STANDARD TERMS AND CONDITIONS OF HIRE FOR BAREBOAT YACHT CHARTERS - WE HAVE SOME FLEXIBILITY WHERE PRACTICABLE:-

1. HIRE CHARGE:
The Hirer shall pay to the Owner as hire payment for the said boat for the period fixed the sum as stipulated in the Hire Agreement.

2. REDELIVERY:
Not withstanding the term herein written, in the event of the Hirer exceeding the time of the hire beyond the completion of the hire term there being no special circumstances or weather or conditions preventing the completion of the hire term by an ordinarily experienced person in charge of the boat, the Hirer shall be indebted to the Owner the extent of one days charter fees, as charged, per day or part thereof. Such sum shall be due and owing to the Owner as liquidated damages and shall be recoverable by the owner in any Court in New Zealand of competent jurisdiction.  The Hirer will at the expiration of the term of hire peacefully give up possession of the said boat to the Owner at the latter's place of business and will if the said boat be not returned obtain the consent of the Owner to his continuing hire to a later date and time agreeing to pay such further charges as stipulated and failing their so doing or as the case may be failing his returning the said boat at the later time and date agreed upon, the Owner shall be entitled to treat the said boat as having been unlawfully converted by the Hirer to his own use. 

3. INSURANCE/BOND:
The Hirer shall pay to the Owner a Bond of $1000 which is refundable when the vessel is returned in the same condition as hired.   Except in the case of gross negligence, operating the vessel under the influence of drugs or alcohol or fishing in excess of MAF (Ministry of Agriculture & Fisheries) fishing regulations the Hirer is insured against liability for loss or damage (excepting the bond excess).  If during the term of hiring the said boat should be damaged or involved in any accident the Hirer will as soon as possible advise the Owner of the full circumstances concerning the accident and in the event of any such damage or accident being of such nature to cause or be likely to cause any structural damage to the boat the Hirer will not use the same unless and until it has been inspected by the Owner or his representatives. The Hirer shall be solely responsible for payment for any repairs executed to the said boat without the written authority of the Owner.

4. RUNNING C0STS:
The Hirer will bear, pay and discharge all ordinary running expenses and will take reasonable care in handling the said boat and attend to all usual running expenses.  Upon completion of the charter the boat is to be re-fuelled or an amount of $100 is to be paid by the Hirer to the Owner to cover the costs associated with re-fuelling the boat.  The Owner reserves the right to recover this from the Bond should the Hirer either fail to refuel the boat, or fail to pay the $100.

5. RESTRICTED USE:
The Hirer will not sub-let or hire the said boat to any other person nor permit or suffer to permit the boat to be under the control at any time of any person other than the Hirer.  The Hirer will not take the said boat outside 
Bay of Islands Yacht Charters Ltd limits set for this particular boat or this Agreement.

6. RECALL OR REPOSSESSION:
The Owner reserves the right to terminate the charter and retake possession of the boat without notice immediately upon default being made by the Hirer in the observance of performance of any of the terms and conditions hereof or in the event of the said boat being damaged, but any such termination shall be without prejudice to the right of the Owner in respect of any breach of the terms and conditions hereof.  Not withstanding the terms of hire herein created on the terms and conditions herein expressed and/or implied, the Owner reserves the right to cancel the hire or recall the boat if at any time prior to or during the hire term the Owner considers weather or water conditions prevent or hamper or endanger the boat or its hirer and/or passengers and crew and the hire thereupon terminates.

7. LIMITATION OF LIABILITY:
The obligation of the Owner in relation to the condition of the said boat are limited are those imposed by the Maritime Safety Authority of New Zealand and the Owner will not be responsible for personal injury or property damage arising from any defect or fault which the said regulations do not bind him to remedy. The Hirer having inspected the said boat acknowledges that at the time of his signing this Agreement and at the time of commencement of hiring the said boat is in good order and in a safe and suitable condition for the purpose for which the said boat is hired by the Hirer.

8. INDEMNITY:
The Hirer indemnifies the Owner against any damage to property or persons caused by their use of the boat during the hire term.

9. NAVIGATION AND OTHER LIMITS:
The Hirer hereby agrees to have said boat at safe anchorage a hour before dusk (5pm in winter, 7pm in summer) each day, unless in an emergency situation or where express permission has been given by Bay of Islands Yacht Charters Ltd.  The Hirer undertakes not to be underway by sail, motor, or tow between the hours of 5pm in winter, 7pm in summer, one day and 6am the following day.

10. MSA AND HEALTH, SAFETY & SECURITY COMPLIANCE:
Upon hand-over of the boat by the Owner on the date of commencement as contained herein the Hirer accepts full responsibility for the health, safety and security of all persons, passengers, the public at large, and/or any property including the boat.  The Hirer hereby agrees to familiarize themselves with and where required by the Owner or any regulatory body adhere to all and any notices, procedures and documentation including but not limited to Maritime Safety Authority, and/or third party compliance publications and procedures, and the Hirer hereby undertakes to complete any Log Books, safety procedures and/or other forms as circumstances may require either before, during or after the hire period.  The Hirer hereby agrees not to do anything that might jeopardize the health, safety or security of themselves, the passengers, the public at large, and/or any property including the boat.  Furthermore The Hirer hereby indemnifies the Owner from any and all liability as a result of the Hirer failing to comply with any part of this agreement or any rules, regulations and laws as imposed by any regulatory body.

11. COMPETENCY:
The Hirer declares that he or she is of the age of twenty five (25) years or over, that the charter party does not exceed the number of persons licensed for the said boat, that he or she has read and fully understands the agreement, that he or she has received a copy of same and that he or she is capable of the control of the boat, including not operating the vessel under the influence of drugs or alcohol, so hired and has the nautical knowledge to safely use the boat for his or her own enjoyment and the safety of all other person, passengers and the public at large.

12. CLEANING:
The Boat will be delivered clean and prepared for charter, the hirer will return the boat to the same standard, if this standard is not upheld the Hirer shall be indebted to the owner the extent of NZ$250.00 (plus GST) cleaning fees. Please note that dark-soled shoes may mark the deck of a vessel and any such marking will incur an additional fee.

13. PAYMENT/CANCELLATION:

Payments: A deposit of 25% required at time of reservation, with the balance to be paid 30 days prior to charter start date.  Cancellation: A cancellation fee of $250 is payable if charter cancelled within 90 days of start date. No refund is payable within 90 days of start date unless we can arrange a substitute booking. If so, then $250 fee applies.

14. CHARTER START/END TIMES:
Charters start and finish at either 10 am or 5 pm or at other times by negotiation, with handover available up to one hour prior to start.  Charterers wishing to start at 10 am and finish at 5 pm, or vice versa, can do so at 50% of boat day rate. Charter party must be disembarked by specified finish time. An evening start may require first night to be spent on the mooring or in a marina berth (at Hirer's expense).