THE HIRE TERMS AND CONDITIONS OUTLINE THE RELATIONSHIP BETWEEN YOU AND NOOSA JET SKI HIRE PTY LTD ACN 642 699 938 T/AS NOOSA JET SKI HIRE. PLEASE ENSURE YOU READ IT CAREFULLY. THESE DOCUMENTS CONTAIN DETAILS SPECIFIC TO YOU AND THE JET SKI YOU ARE HIRING AND ALSO OUTLINES YOUR LEGAL RESPONSIBILITIES TOGETHER WITH THE TERMS AND CONDITIONS THAT YOU HAVE AGREED TO DURING THE HIRE PERIOD. IF YOU DO NOT UNDERSTAND ANY OF THE TERMS AND CONDITIONS OUTLINED IN THESE TERMS AND CONDITIONS, IT IS ADVISED THAT YOU OBTAIN INDEPENDENT LEGAL AND FINANCIAL ADVICE BEFORE SIGNING.
THE USE OF A JET SKI IS A DANGEROUS RECREATIONAL ACTIVITY. THE HIRERS PARTICIPATE AT THEIR OWN RISK. BY SIGNING THESE TERMS AND CONDITIONS, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS AND HAVE HAD THE OPPORTUNITY TO OBTAIN INDEPENDENT ADVICE BEFORE SIGNING.
THE PARTIES AGREE AS FOLLOWS:
“Hirer (Driver)” means a person who meets the conditions contained in these Terms and Conditions. Any reference to Hirer (Driver) throughout these Terms and Conditions is a reference to that person or those persons who sign these Terms and Conditions and have been approved by us to operate the Jet Ski.
“the Company” means Noosa Jet Ski Hire Pty Ltd ACN 642 699 938 T/AS Noosa Jet Ski Hire and similar grammatical expressions.
“Damage” includes ANY accident or damage to the Jet Ski including:
•Any accident that the Jet Ski is involved in that may result in damage to the Jet Ski, a third party vehicle, person(s) and/orproperty;
•Any incident that requires Police attendance and/or intervention (even if no damage is occasioned to the Jet Ski);
•Any act of vandalism or malicious damage to the Jet Ski, by whomsoever it is caused and whether caused by known orunknown persons.
“Emergency Contact” means the person and/or telephone number provided to the Company to be used in the case of an emergency.
“Hire Period” means the period of time commencing on the Date of Hire specified on these Terms and Conditions until 11.59pm on the Date of Hire.
“PFD” means personal floatation device which complies with Australia Standard AS 4758:1:2015.
1.COMPANY WARRANTY
The Company warrants that:
1.1. The Jet Ski hired is in good condition and has the correct safety equipment;
1.2. The Jet Ski is registered and certified for use in Queensland;
1.3. Its Jet Ski supervisors are licensed; and
1.4. It has a compliant safety management plan
but otherwise the Company does not make any warranty, express or implied, relating to the hire of the Jet Ski and the provision of the services.
2.HIRER (DRIVER) WARRANTY
The Hirer (Driver) warrants that:
2.1. The Hirer (Driver) is over the age of 16 years and all passengers are over 125cm tall;
2.2. They are not under the influence of drugs or alcohol;
2.3. They are not pregnant;
2.4. They have no medical condition that may inhibit the safe operation and use of a Jet Ski;
2.5. They have received and understand the operating and safety instructions given by the Company inconnection with the use and operation of a Jet Ski;
2.6. At all times you will observe and comply with the directions of the Company in relation to the use and operation of a Jet Ski;
2.7. They will comply with all applicable laws relating to the operation and use of a Jet Ski as notified; and
2.8. At all times when using the Jet Ski you will wear and ensure that any passenger wears a properly fitted lifejacket provided by the Company.
3.YOUR RESPONSIBILITY AND RISK
You acknowledge that;
3.1. By signing these Terms and Conditions, you understand you are proposing to undertake a dangerousrecreational activity (“Activity”) which involves a significant risk of physical harm.
3.2. You are aware that you or someone else may be injured during your engagement in or performance of the Activity.
3.3. You are aware that your personal property may be lost, damaged or destroyed during your engagement in or performance of the Activity.
3.4. You are aware that you may cause injury to other persons or damage their property in performing the Activity.
3.5. You are aware of the dangers associated with the consumption of alcohol, mind altering substances, drugs or other substances which may impair your judgement, physical ability or capacity to safely participate in the Activity and accept full responsibility for any injury, loss or damage associated with consumption of alcohol, mild altering substances, drugs or other substances which impairs your judgment, physical ability or capacity to safely participate in the Activity.
3.6. You have been warned of the risks of the Activity.
3.7. You are responsible for your Passenger.
4.HIRER (DRIVER)
4.1. Only persons who meet the criteria under relevant legislation and who have been accepted by the Companyas a Hirer (Driver) are entitled to operate the Jet Ski. By signing these Terms and Conditions, you are declaring that you and any other Hirer (Driver) meets the criteria and requirements of the Company.
5.ACCEPTABLE USE AND CONDITIONS OF HIRE
5.1. You are only permitted to operate the Jet Ski in the designated areas of the Noosa River and Noosa beachesas outlined and directed by the Company.
5.2. You must always adhere to the Australian Maritime Safety Authority laws during the Hire period of the Jet Ski.
5.3. The Jet Ski must only be operated in accordance with the terms of this clause. It is important that you adhere to the requirements of this clause for your safety, that of your passengers and the safety of the Jet Ski.
5.4. As a Hirer (Driver) you must at all times ensure that:
5.4.1. The Jet Ski does not carry more passengers than may be properly accommodated by the weight restraints or carry a greater load than that for which the Jet Ski was designed;
5.4.2. All persons on the Jet Ski will at all times wear an approved and legally compliant Personal Floatation Device as required by the laws in the State of Queensland.
5.4.3. The Jet Ski is not used for any illegal purpose, race, contest or performance test;
5.4.4. The Jet Ski is not used at excessive speeds, over-revved or in contravention of any law within the state in which the Jet Ski is being used;
5.4.5. The Jet Ski is not operated under the influence of any alcohol or drugs;
5.4.6. The Jet Ski must not be used in contravention of any law;
5.4.7. That any tolls, permits and other licenses required for driving a Jet Ski are obtained and paid prior to hiring a Jet Ski.
5.4.8. No person smokes on the Jet Ski at any time.
5.4.9. No food or liquid (other than water) is to be consumed on the Jet Ski at any time, unless required for medical conditions with the approval of the Company.
5.4.10. The Jet Ski is returned after the Hire Period to us in good working order and repair.
6.SPEEDING AND IRRESPONSIBLE OPERATION
You must not engage in:
6.1. Excessive speeding;
6.2. Competition or racing events;
6.3. Unsafe, inappropriate, aggressive or extreme driving;
6.4. Any illegal activity;
6.5. Any contravention of any law within the State in which the Jet Ski is being operated.
6.6. You authorise the Company to immediately terminate the Hire of the Jet Ski if there is an indication that theJet Ski is being used in a manner which in the Company’s reasonable opinion is contrary to any provision of these Terms and Conditions.
7.LIABILITY
7.1. The Company is not liable to any person, and you indemnify the Company for any loss of or damage to anyproperty:
7.1.1. Stolen from the Jet Ski or otherwise lost during the Hire Period; or
7.1.2. Left in the Jet Ski or its contents and compartments after conclusion after the Hire Period.
7.2. You must pay the Company a damage liability fee if you:
7.2.1. Damage the Jet Ski or any associated equipment which includes repairs to the Jet Ski;
7.2.2. Damage or injury caused to a third party or their property by you or the Jet Ski;
7.3. You irrevocably authorise us to charge your credit card and/or charge your account for any damage liability fees and any other fees incurred for loss of/or damage to the Jet Ski.
8.HIRER (DRIVER) ACKNOWLEDGES
8.1. You acknowledge that you are solely responsible for the safe and proper operation of the Jet Ski and for thesafety and welfare of any persons who may reasonably become injured as a result (in whole or in part) of your actions.
8.2. You agree that no other person will operate the Jet Ski without obtaining the Company’s prior consent.
8.3. You indemnify the Company in respect of any and all bodily injury and/or property damage caused whilst operating the Jet Ski.
8.4. You agree that the Company may retain all or part of the Security Bond and charge any damage fee to your credit card in the event that you fail to return the Jet Ski in as good condition as when you hired it.
8.5. You agree that the Company shall not be held liable for:
8.5.1. Damages, inconvenience or time lost caused by accident, breakdown or malfunction of the Jet Ski.
8.5.2. Loss or damages to any of your or third party’s personal property or injury or death of that of yourself or a third party whilst in operation of the Jet Ski.
