Capri Boat hire Full Terms and Conditions
1 DEFINITIONS AND INTERPRETATIONS
These terms and conditions of booking set out our obligations and your commitments to us when you book arrangements with us. These together with the information contained in the booking confirmation is the basis of our contract with you. It is important that you read through the terms and conditions before you book. It is important to understand these terms and conditions apply for all bookings with us whether you have chosen to read them or not and are applicable to all members of your group.
Arrangements means the date, time and other details of the Boat Hire, as applicable, booked through us in accordance with this agreement or any other agreement between you and us.
Associated Entities means Capri Boat Hire and any other entity associated now or in the future with Capri Boat Hire.
Boat Hire means driving and being responsible for a hire boat supplied by us on to the waterways of the Gold Coast and to abide by the law and stay within a prescribed boundary and return the hire boat by the time agreed.
Organiser or Group Leader means the person who makes the booking on behalf of the entity named on the Booking Confirmation and who will be our point of contact (and any substitute for this person).
Boat Hire Fee means a fee paid by you to us that is non-refundable and non-transferable, made at the time of booking your arrangements with us.
We, us and our are references to Capri Boat Hire.
You, Your or Party are references to the persons named on the booking form usually the Organiser and their friends and/or family.
2.1 Capri Boat Hire is a boat hire business and does not engage in the sale of alcohol. In booking a boat hire with us, you may purchase alcohol elsewhere and take it with you on the Boat hire, this is at the discretion of Capri Boat Hire and we reserve the right to limit the amount of alcohol per person that is taken on board.
2.2 You must abide with current Queensland and Federal COVID safe requirements. You must abide with COVID safe requirements of any outside venue you may visit on the Boat Hire. You must abide with the COVID safe requirements of Capri Boat Hire, and comply with any instructions provided whilst on the Boat Hire. A failure to abide by any COVID safe requirements will mean your immediate termination from the Boat Hire. You will not be offered a refund if this occurs.
2.3 To book a boat hire with us, you must be over the age of 18. You warrant that you are over 1 8 years of age and that you have sufficient government issued identification that does not falsely represent your age. The only ID valid on the Boat Hire is one of the following: Australian Drivers Licence, Australian 18+ card, international passport or international drivers licence in English. We reserve the right to exclude you from the Boat Hire should you provide false proof of age documents.
2.4 The agreement between yourself and us only comes into existence once you make a booking with us and pay the Booking Fee. The terms and conditions constitute the entire agreement between you and us. By paying the Booking Fee, you confirm the accuracy of all information you have provided and that you accept these terms and conditions on behalf of yourself and any other members of your group particularised on the Booking. Unless you advise us to the contrary, we will assume that every member of your group is over 18 years of age. You accept that the organiser or group leader has the authority to deal with us on your behalf. If for any reason there is a change in the organiser or group leader you should notify us immediately.
2.5 You must check all documents (including any booking vouchers) which we provide to you and contact us at once if any information appearing on the booking confirmation or any other document appears to be inaccurate or incomplete.
3 PAYMENTS TO US
3.1 The organiser or group leader is responsible for a reservation and for ensuring that all monies due for a booking are collected and paid for on time by all members of the group and that everyone within the group is aware of the terms and conditions. Bookings are not confirmed or guaranteed until the full Booking Fee has been paid.
3.2 The organiser or group leader is responsible for ensuring that everyone within the group is aware of the Terms and Conditions and that they are provided with a copy of the terms and conditions.
3.3 Bookings may not be re-sold at cost or premium. You acknowledge that we are not required to provide you with a refund under the Australian Consumer Law if you are unable to attend the Boat Hire or simply changed your mind.
3.4 No Boat Hire Booking will be issued until the Booking Fee is paid.
4 CHANGES BY YOU
4.1 All changes must be requested by the organiser or group leader. We will make every effort to accommodate your changes but may not always be able to do so.
4.2 Any change in relation to a departure time or date, may incur an additional charge, and is subject to availability.
5 CHANGES BY US
5.1 If we have to make a significant change to your boat hire, such as having to change vessels or departure time at any stage we will inform you as soon as possible.
5.2 We reserve the right at any time to cancel or change any boat hire booking that is made, and to substitute an alternative vessel, if possible, without accepting liability.
5.3 If you are unsatisfied with the alternative arrangements referred to in clause 5.2 (above) you must advise us within fourteen (14) days of being notified of the alternate arrangements. If you fail to notify us, no refund will be provided and any deposit paid will be deemed abandoned. If the parties are unable to agree upon the alternative arrangements, then a full refund will be provided.
5.4 We reserve the right to cancel a boat hire due to force of nature, health concerns or any other reason outside of our control that we, in our absolute discretion, may determine. Force of nature events include (but are not limited to) war or threat of war, riot, civil strife or unrest, act of god, strikes, pandemic, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, technical or maintenance problems with transport, changes imposed by rescheduling or cancellation of flight or transport by airline or road traffic conditions, or any other event that is beyond the reasonable control of us, including the actions of any third party suppliers. If we cancel or reschedule any boat hire due to force of nature, then a refund will be given or a credit will be applied if desired and if possible.
5.5 If, in the opinion of us, your health or conduct before or after departure for the Boat Hire appears likely to endanger the safe, comfortable or happy progress of the Boat Hire participants or others on the waterways, you may be excluded from all or part of the Boat Hire, in which case no refund shall be made to you. You must also abide with current State and Federal requirements regarding COVID-19 and public health. Should you fail to do so, you will be excluded from the Boat Hire and requested to leave. If you feel unwell, you must not depart for the boat hire and you must arrange to be tested and self-isolate until you receive your results.
5.6 If, in the opinion of us, you behave in such a way as to cause or be likely to cause danger, annoyance, violence or distress to any third party or damage to our property or third party property then we are entitled, without prior notice, to terminate the boat hire. In this situation, you may be required to leave the boat hire. We will have no further responsibility towards you, no refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
5.7 If you suffer from illness or disability or are undergoing treatment for any physical or medical condition, you must declare the true nature of such condition at the time of booking, and make arrangements for the provision of any medication or other treatment required during the boat hire. Failure to make such disclosure to us at the time of booking will constitute a breach of these terms and conditions and may result in you being excluded from the Boat Hire without refund.
6.1 Cancellation of the booking can be made by the organiser or group leader within 14 days of the boat hire and a full refund will be given.
6.2 If any of your group members decide not to attend or are unable to attend, or required to depart early from the boat hire that they have paid for either in full or in part then no refund will be made by us to them.
7 THE WEATHER
7.1 If we decide the weather is not suitable for a boat hire, either strong wind or torrential rain, there is the possibility that you may be unable to undertake the boat hire. If this occurs, we will rebook your boat hire at a suitable time where possible otherwise a full refund will be given. If you decide to cancel if the weather is not to your liking then depending on other parts of this agreement either a rebooking or partial refund may be given.
8.1 Every effort is made to ensure your safety and we take every effort to ensure our boats are safe and have the proper safety equipment. We adhere to the legislative requirements pertaining to the activity, and have adequate insurance. The boat hire includes certain elements of risk and we take no responsibility for any loss or injury incurred by you taking part in a boat hire.
8.2 You agree to observe and obey all rules and warnings provided by us and our employees and further agree to follow any oral instructions or directions given by us, our employees.
8.3 You acknowledge that there are some inherent risks associated with boating in the canals and Broadwater of the Gold Coast. Regarding the boat hire you assume full responsibility for personal injury to yourself, injuries to others and further release and discharge us from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which you may have or for this document would, could or might at any future time have or have had against us in respect of or arising out of either directly or indirectly the services we provide.
8.4 You agree to accept responsibility for, indemnify us, and pay for, all damage caused to any third party vessel during the Boat Hire caused by your neglect or reckless or wilful actions. Full payment for any such damage or loss must be paid directly to the third party at the time of the incident. If you fail to do so, you will be responsible for meeting any claims (including legal costs) that may be subsequently made against us as a result of your actions.
8.5 You agree to and hereby assume all risk, dangers and hazards associated with use or participation in the Boat Hire, including the possible risk of severe or fatal injury to others. In addition to the foregoing, these risks include but are not limited to the following:
- the risk associated with travel to and from venues and locations included within the limit of the map;
- intoxication and/or alcohol poisoning from the alcohol you consume;
- the possibility of bodily injury; and
- being in altercations with others during the boat hire (which is not condoned or tolerated by us).
8.6 You agree to indemnify us from all third party actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute as a result of your behaviour and actions.
8.7 You acknowledge that you are solely responsible for any and all property brought to the Boat Hire arrangements and we will not be held liable for any damage caused to any property brought by you to the Boat Hire.
9.1 The prices of the boat hire are detailed in your booking confirmation. Prices shown are correct at the time of going to press and we make every effort to ensure they are accurate. Please note that the price may change as a result of suppliers of services or other relevant matters pertinent to your boat hire which may be out of our control. We will advise you of any increase in charges payable which must be paid in full prior to the boat hire commencement date.
9.2 We reserve the right to change any of the map boundaries or boat hire prices described on the website before the arrangement between you and us is concluded.
10.1 You must adhere to the current boating laws of the waterways in Qld.
10.2 We support the responsible service and consumption of alcohol. Licensing laws prohibit the service of alcohol to underage and unduly intoxicated persons. The management of any outside suppliers and venues, bars and restaurants that you may visit during the boat hire have the right to refuse service to you and your group if you are displaying disorderly, aggressive, abusive, anti-social or intoxicated behaviour. Refusal is at the sole discretion of the management of the third party suppliers.
10.3 The booking is for boat hire arrangements only. Consumption of alcohol is at your own risk and we urge all participants to drink responsibly. We do not accept any responsibility or liability for participants who drink excessively, resulting in damages, ill health, injury or death.
10.4 We accept no liability for any accident or misadventure that occurs while any of your group is under the influence of alcohol or illicit substances.
10.5 All parties attending the boat hire arrangements should be aware of their own physical and mental limitations before attending the boat hire. If you have a medical condition that may prevent operation of the vessel we strongly recommend that you do not captain the vessel. Should you have any medical condition that may be adversely affected by attending the Boat Hire, you must advise us prior to making a booking. If you are pregnant we strongly advise that you do not drink alcohol.
10.6 Despite being aware of the likely intent of some groups to drink alcohol, you are expected to respect your environment and other people around you. Capri Boat Hire has every right to terminate, without notice, your boat hire under threat of vandalism, violence or any other behaviour deemed inappropriate by us.
10.7 Such cases constitute a breach of these terms and conditions and you will not have any entitlement for a refund of any kind whatsoever. We accept no liability for any accident or misadventure that occurs while any of your group is under the influence of alcohol or drugs. We may require a behaviour ‘bond’ to be placed on hold with a credit card or cash, upon booking, especially if it is a large same sex group such as a football team end of year activity or bucks party.
11.1 We strongly advise that you dress appropriately to get protection from the sun and wear clothing that dries quickly after getting splashed. We advise wearing sunscreen, hats and long sleeve shirts with an appropriate SPF factor and water resistance. We do not insist on deck shoes being worn on our hire boats.
12 AGE RESTRICTIONS AND LIMITS
12.1 Unless you advise us to the contrary, we will assume that the organiser is over 18 years of age and accepts full responsibility for any and all younger members of the group.
12.2 If age restrictions are not checked prior to booking and you encounter problems during your arrangements, we shall not be responsible for any inability of any members of the group to participate in the Boat Hire arrangements.
13.1 Our itineraries are designed for you to achieve maximum enjoyment from your boat hire. The times provided must be adhered to at all times and failure to do so may result in your group being unable to participate in the Boat Hire.
13.2 We will not be held responsible should you fail to follow our advice or adhere to our planned timings. Please note on occasions your Boat Hire arrangements may be delayed by an earlier boat’s late return to our wharf. As a result your itinerary may be delayed.
14.1 If you have a complaint regarding any aspect of the Boat Hire arrangements, you must contact us to let us know of your complaint.
14.2 If you do not inform us as soon as possible, at least within 48 hours of the complaint occurring, we will not be responsible for any issues arising from the complaint.
14.3 If the complaint has not been dealt with to your satisfaction before the conclusion of the Boat Hire, then you must make a complaint to us no less than 7 days after your return from the Boat Hire.
15 NO AGENT
15.1 We are not agents or representatives of any third party suppliers used during the Boat Hire, and we accept no
liability for any accident or misadventure that occurs while any of your group is under the influence of alcohol or illicit substances.
15.2 You acknowledge that we are a boat hire business and independent to that of any third party suppliers that you visit during the boat hire.
16 AMENDMENTS TO TERMS
16.1 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on our website. Your continuation with the booking will represent an agreement by you to be bound by the terms and conditions as amended.
17 ENTIRE AGREEMENT
17.1 These terms and conditions constitute the entire agreement between the parties with respect to the subject matter of this document and supersedes all prior negotiations, contracts, arrangements, understandings and agreements with respect to that subject matter.
18.1 This document is governed by and construed under the laws of the State of Queensland in Australia.
18.2 Any legal action in relation to this document against any party or its property may be brought in any court of competent jurisdiction in Queensland.
18.3 Each party by execution of this document irrevocably, generally and unconditionally submits to the non-exclusive jurisdiction of any court specified in this provision in relation to both itself and its property.
19.1 The rights of a party under this document are cumulative and not exclusive of any rights provided by law.
20.1 Any provision of this document which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of this document or the validity of that provision in any other jurisdiction.