MONKEY MIA BOAT HIRE - BOAT RENTAL AGREEMENT AND WAIVER

Business Name: Monkey Mia Boat Hire, Shark Bay
Business Address: 17 Capwell drive Denham Western Australia 6537
Contact Information: 0487421690

This Boat Rental Agreement and Waiver is made between Monkey Mia Boat Hire (referred to as “Owner”) and the undersigned individual(s) renting the boat (referred to as “Renter”).

1. Definitions

• Renter: The individual(s) renting the boat from Monkey Mia Boat Hire, Shark Bay.
• Owner: Monkey Mia Boat Hire, Shark Bay.
• Boat: Any boat or vessel rented from the Owner.

2. Rental Period

• Start and End Date: The rental period begins and ends on the agreed dates and times specified.
• Late Returns: A fee of $75 per hour will apply for late returns. Please notify Monkey Mia Boat Hire Shark Bay immediately in case of delays to avoid search-and-rescue notifications and associated charges.

3. Rental Charges and Payment

• Charges: Rental fees are based on the selected vessel, rental period, and any additional options.
• Full Day: $450
• 3 or More Days: $430 per day
• 7-or more Day Hire: $400 per day
• Lanch and retive by monkey mia boat hire : Denham $75 Monkey mia $150 Nanga $250
• Full Payment and Security Deposit: Full payment and a $500 of   security deposit are required at pick-up. The security deposit is refundable upon the boat’s safe return, less any applicable charges for damages, cleaning, or missing items.
• Booking deposit
• Fuel and Cleaning Fees: The Renter is responsible for refuelling. Failure to refuel will result in a $3 per liter charge plus a $100 administration fee.
• Cleaning: If the vessel is returned unclean, a $120 cleaning fee will be applied. Renters’ responsibility to clean the vessel before return of rental.

4. Vessel Use

• Recreational Use: The vessel is for recreational purposes only, adhering to all boating regulations.
• Licensed Operators: Only operators with a valid Western Australian Skippers Ticket (or equivalent) are allowed to operate the boat, and all operators must be listed in this agreement.
• Renter Age limit: renter must be 0ver 18 years of age.
• Operating Conditions: The vessel is restricted to daytime use within designated Shark Bay areas. Use is not permitted in swells over two meters or wind speeds above 30 knots. Refer to the provided Shark Bay operating area map for boundaries and restricted zones.

4A: Skipper’s Responsibility for Passengers and Vessel  Care

• The Skipper (Renter) is fully responsible for the actions and behavior of all passengers on board during the rental period. This includes ensuring that all passengers comply with safety regulations, adhere to the terms of the rental agreement, and act in a responsible and respectful manner at all times.
• The Skipper must ensure that all passengers wear required safety equipment, including life jackets, and follow any other safety instructions provided by the Owner.
• The Skipper is also responsible for ensuring that the boat is cleaned and returned in the same condition as it was at the beginning of the rental. Any additional cleaning required after the boat is returned will incur a $120 cleaning fee.

4B. Vessel Taken Out of Operational Area

• The vessel is strictly for use within the designated operational area around Shark Bay, as outlined in the provided map. The Renter agrees not to take the vessel outside this area without prior written consent from the Owner.
• If the vessel is taken outside the operational area, the Owner reserves the right to terminate the rental agreement immediately, and the Renter will be liable for any costs or damages resulting from this breach, including but not limited to additional towing or recovery fees.

4C. GPS Tracking of Boat

• For safety and security reasons, the vessel is equipped with a GPS tracking system. The Owner may monitor the vessel s location during the rental period to ensure the safety of the Renter and the boat.
• The Renter agrees to this monitoring and understands that it is solely for safety purposes, including assisting in the event of an emergency or if the vessel is lost or stolen.
• Assist with tracking the vessel to make sure it is not taken outside the operational area.

4D. Vessel Retrieval and Recovery Costs

• If the vessel is abandoned, left in restricted or remote locations, or requires retrieval by Monkey Mia Boat Hire due to negligence, the following fees will apply:Steep Point: $2,500 plus $4 per kilometer traveled and a $100 administration fee.
  2. Dirk Hartog Island: $3,500 plus $4 per kilometer traveled and a $100 administration fee.
  3. Other Locations within the Shark Bay Area: $1,500 plus $4 per kilometer traveled and a $100 administration fee.

  The Renter acknowledges and agrees to these charges as a condition of the rental. Retrieval costs will be deducted from the security deposit or charged additionally if the costs exceed the deposit.

5. Safety and Emergency Procedures

• Life Jackets: Children under twelve are required to always wear life jackets.
• Radio Use: The boat’s radio will be used according to proper protocol and only for essential communications or emergencies.
• Emergency Contact: In case of emergency, contact Monkey Mia Boat Hire Shark Bay immediately. Or shark bay marine rescue

6. Maintenance and Care

• Condition on Return: The Renter must return the boat in its original condition. The Renter is responsible for any damages beyond normal wear and tear.
• Navigational Care: Avoid hazards, reduce speed near sensitive areas, and refrain from anchoring over coral or seagrass.

7. Liability and Insurance

• Renter’s Liability: The Renter assumes full responsibility for any damage, personal injury, or third-party claims during the rental period.
• Owner’s Disclaimer: Monkey Mia Boat Hire Shark Bay is not liable for any loss of personal property, injuries, or damages.
• The vessel is covered by full commercial insurance.
• An excess of $1,000 is payable by the hirer in the event of an incident.

8. Cancellations and Refund 

   Advanced Cancellations:

   A full refund will be provided if the cancellation is made 30+ days in advance of the hire date.

   Late Cancellations:

   If cancellation occurs within 10 days of the hire date, the security deposit will be forfeited.

   Severe Weather Policy:

   Rentals will be cancelled, and full refunds issued, if a named cyclone or tropical low-pressure system is expected to approach Shark Bay within 48 hours. For other unsafe weather conditions, deposits may be held for rescheduling at a mutually agreeable date.

   Refunds Policy:

   Refunds are assessed on a case-by-case basis, taking into account the specific circumstances of the cancellation. Exceptional circumstances, such as serious health issues or family emergencies, will be considered, and partial or full refunds may be granted at the discretion of Monkey Mia Boat Hire Shark Bay. Documentation or proof may be requested to support refund claims for exceptional circumstances.

 

9. Indemnity

• Indemnification: The Renter agrees to indemnify Monkey Mia Boat Hire Shark Bay against any claims, losses, or liabilities arising from vessel use during the rental period.

10. Governing Law

• This agreement is governed by the laws of Western Australia.

11. Alcohol and Drugs

• The Renter agrees not to operate the vessel under the influence of alcohol, drugs, or any other substance that impairs their ability to operate the vessel safely.    Owner has full right to refuse Hire if deemed under the influence of anything mentioned.

12. Reservation Confirmation and Deposits

• A non-refundable deposit of $100 is required to confirm the booking. The balance is due on the day of rental.

13. Acceptance of Terms

By signing this agreement, the Renter confirms they have read, understood, and agree to the terms and conditions outlined in this rental agreement.

Renter’s Name: ___________________________
Renter’s Signature: ___________________________
Date: _______________

Monkey Mia Boat Hire Shark Bay Representative’s Name: ____________________________
Representative’s Signature: ____________________________
Date: _______________