1. DEFINITIONS AND INTERPRETATION

1.1 “Boat” means the Boat detailed in the Schedule and includes trailer, tools, accessories, equipment, safety gear, parts and other items supplied by the Owner.

1.2 “this Agreement” means the Agreement formed between the Owner and the Hirer for the hire of the Boat constituted by the Schedule and these general terms and conditions and the briefing notes.

1.3 “Fair wear and tear” means the gradual and normal reduction in the operational performance of the Boat arising from normal use but does not include accelerated wear and tear caused or contributed to by the Hirer’s failure to observe any of its obligations contained in this Agreement and in particular, those contained in clause 8.1.

1.4 “Hirer” means the person, firm or corporation named as the Hirer in the Schedule and includes their personal representatives, administrators and permitted assigns.

1.5 “Hiring Address” means the place at which the Boat will be used and stored during the Hire Period and includes any other place agreed by the parties in advance of the Boat being taken or stored there.

1.6 “Hire Basis” means the periodic basis upon which the Boat is hired, being either hourly, daily, weekly or monthly as selected in the Schedule.

1.7 “Hire Charge” means the amount payable by the Hirer for the hire of the Boat which is determined by multiplying the hire fee by the number of hours, days, weeks or months (as applicable) in the Hire Period.

1.8 “Hire Period” means the period of Hire beginning on the commencement date and ending on the return date as specified in the Schedule, or as otherwise determined by the Owner in accordance with this Agreement.

1.9 “Owner” means Clothier Group Pty Ltd trading as Townsville Boat Hire, its assigns and nominees.

1.10 “Schedule” means the first sheet of this document containing details of the hiring of the Boat.

1.11 In the interpretation of this Agreement:

a) Any unlawful, invalid or unenforceable term or condition of this Agreement will not invalidate or affect the interpretation of the balance of this Agreement, but will be severed from this Agreement.

b) This Agreement will not be interpreted against the Owner merely because it was drafted at the request of the Owner.

c) Nothing which appears after the word “include” or “including” is to be interpreted as limiting the type of thing which may be included within the ambit of that clause.

d) A reference to an Act also includes any regulations made under it and includes any Act made in addition or substitution to that Act.

2. HIRE

2.1 The Owner agrees to hire to the Hirer and the Hirer agrees to hire from the Owner the Boat for the Hire Period, in consideration of the Hirer paying to the Owner the Hire Charge and other amounts payable in accordance with this Agreement.

2.2 If before the commencement date, the Hirer purports to cancel the hire of the Boat, the following cancellation policy applies:

a) more than 48 hours before the commencement date – 100% of deposit refundable.

b) between 24 and 48 hours before the commencement date — 50% of deposit forfeited.

c) Less than 24 hours before the commencement date — 100% of deposit is forfeited.

d) If the hire of the Boat is cancelled with the consent of the Owner due to extreme weather conditions, the deposit will be held in credit until the Hirer rebooks the hire of a Boat

2.3 The Hirer acknowledges that the Boat is on hire for the whole of the time that it is away from the Owner’s business premises and accordingly the Hire Charges are not limited to the time during which the Boat is actually used by the Hirer.

2.4 Where the Owner agrees to deliver the boat to the Hirer, the Hirer agrees to pay the Owner’s delivery and collection fee and that the Hire Period includes the time that it takes for the Boat to be delivered to the Hiring Address and returned to the Owner’s business premises. This arrangement may be varied at the sole discretion of the Owner.

2.5 The Boat will at all times remain the property of the Owner, and the Hirer must not sell, transfer, encumber or pledge as security the Boat, nor attempt to do so.

2.6 The Boat is hired on the basis that the Hirer must provide a qualified, experienced and licensed driver of the boat at its own cost. The Hirer is responsible for all acts and omissions of the driver during the Hire Period.

3. DEPOSIT AND SECURITY

3.1 The Hirer must, when specified by the Owner or at the latest upon delivery of the Boat, pay the deposit or give the other security required as specified in the Schedule.

3.2 The Owner will be under no obligation to deliver or release the Boat into the possession of the Hirer, unless and until the deposit or other security required is given.

4. PAYMENTS

4.1 The Hirer must pay the Hire Charge to the Owner prior to the Hirer taking possession of the Boat. Invoices for commercial hire must be paid within 7 days of the date of the Owner’s invoice.

4.2 The Hirer acknowledges that the Hire Charge if stated in the Schedule can only be in certain instances an estimate of the amount payable for the hire of the Boat.

4.3 In addition to the Hire Charge, the Hirer must also pay upon demand by the Owner or the person who the amount is payable to all amounts actually incurred suffered or charged arising out of the use and/or possession of the Boat by the Hirer including:

a) the other amounts stated in the Schedule (if any);

b) any fine, penalty or charge imposed upon the Owner or Hirer arising from the Hirer’s use or possession of the Boat (or any part of it, including equipment);

c) all costs incurred by the Owner in the recovery of the Boat from the

Hirer;

d) all costs incurred by the Owner to repair any damage to the Boat (including replacement of part of or the entirety of the Boat itself where required) while on Hire to the Hirer, excluding any costs of repair necessitated by fair wear and tear to the Boat;

e) all legal costs “on a solicitor and own client basis” incurred by the Owner as a result of threatened or actual recovery or enforcement action against the Hirer; and

f) the cost notified by the Owner of fully refuelling the Boat where it is returned to the Owner without a full tank of fuel.

4.4 The Owner reserves the right to vary the hire fees and other amounts payable by the Hirer upon giving written notice of the variation to the Hirer. Upon receipt of such notice by the Hirer, the Hirer agrees to pay the hire rates and other amounts as varied.

4.5 The Hirer will be liable to pay interest on all amounts unpaid by the due date under this Agreement, or as invoiced by the Owner, charged at the rate of 15% per annum from the due date to the date of actual payment.

4.6 The Hirer acknowledges and agrees that as there are several provisions within this Agreement which impose upon the Hirer the obligation to pay other amounts which may not be enumerated in the Schedule, the total amount payable under this Agreement for the hire of the Boat will be the amount stated in the Owner’s tax invoice issued to the Hirer, which will be conclusive, save and except for any manifest error on the face of the invoice.

4.7 All payments must be made by cash, credit card or electronic funds transfer as directed by the Owner, unless otherwise agreed.

5. HIRE PERIOD

5.1 The Hire Period begins upon the earlier of:

a) the time at which the Boat is booked out of the Owner’s business premises as stated in the Schedule;

b) the collection of the Boat by or on behalf of the Hirer from the Owner’s business premises, or such other address as nominated by the Owner;

Or

c) collection of the Boat by a carrier engaged by either the Hirer or the Owner.

d) The Hire Period will end on the date the Owner receives or recovers possession of the Boat. Despite the due time and date for the end of the Hire Period, the Hirer must notify the Owner by telephone at least 45 minutes prior to the Boat being returned to the Owner or is available for collection where prior arrangements have been made with the Owner to collect the Boat. The Hire Period will be deemed to continue until that notification is given, or until the Owner recovers possession of the Boat, whichever last occurs.

5.2 If the Hirer reports that the Boat has broken down or become unserviceable for any reason apart from any act or omission on the part of the Hirer, then the Hire Period will be deemed to have ceased from the time of the breakdown as determined by the Owner, but will resume upon the Boat again becoming serviceable.

5.3 If the Boat becomes inoperative during the Hire Period due to the act or omission of the Hirer or any of its staff, contractors or personnel, the Hire Charge will continue to be charged and payable by the Hirer up to and including the time that the Boat is repaired and/or replaced and returned to the Owner in proper working order and condition. Notwithstanding this continuing obligation, the hiring will otherwise be deemed to have ceased if the Boat is damaged beyond economic repair and the Owner’s insurer either replaces the Boat or pays the Owner its full replacement value.

6. HIRE PERIODS

6.1 The Hire Basis will be in either hourly, daily, weekly or monthly stanzas as specified in the Schedule.

6.2 Unless the Owner makes other arrangements with the Hirer in writing, in respect of each Hire Basis the Hire Rates are based upon the Boat being used for the following periods:-

a) hourly — a minimum of 3 continuous hours in one day;

b) daily — a maximum of 10 continuous hours;

c) weekly — a maximum period of 50 hours over a continuous five day period; and

d) monthly — a maximum period of 200 hours over a continuous four week period.

e) If the Owner determines that the Hirer has used the Boat in excess of the maximum periods applicable, then the Hirer will be liable to pay such further charges as determined and invoiced by the Owner.

7. RISK

7.1 Risk in the Boat passes to the Hirer upon commencement of the Hire Period, and remains with the Hirer until the Boat is returned to, or collected by the Owner, in compliance with the Hirer’s obligations under this Boat Hire Agreement.

7.2 Notwithstanding that risk in the Boat passes to the Hirer as stated herein, the Owner reserves the right to:

a) return the Boat to the Owner’s business premises if upon attempted delivery there is no person authorised by the Hirer to take delivery of the Boat at the Hiring Address and/or sign the Owner’s hire docket; and

b) enter upon the Hiring Address and remove the Boat if the Owner suspects that it is being misused or damaged while on hire, in either case without any liability to the Owner.

8. HIRER’S OBLIGATIONS

8.1 The Hirer must:-

a) personally, or through a duly authorised representative, be on hand at when taking possession of the Boat from the Owner to do the Hire briefing and to sign the Owner’s acknowledgement of receipt of the Boat in good order and condition;

b) keep and maintain the Boat in good repair and working order throughout the Hire Period;

c) return the boat in a neat, clean and tidy condition. The Owner will charge cleaning costs where the Owner deems that the Hirer has not complied with its obligations. Cleaning costs can range from $50 and

$300.00;

d) not permit animals or pets to be on board the Boat at any time;

e) use the Boat in a skilful and proper manner and only for the purpose and within the capacity and capability for which it was manufactured;

f) ensure that the Boat is operated by a competent, experienced, and licensed driver. Specified Boats do not require a boat licence, but does require a competent and experienced driver and this is explicitly stated in the hiring process;

g) observe marine and safety regulations and laws at all times. This includes wearing PFDs. Children under 12 years of age must wear a life jacket/PFD at all times;

h) the Hirer must not operate the Boat in poor weather sea/river conditions or where such conditions are imminent, for example, in non-smooth waters where winds exceed 15 knots. Weather monitoring is the responsibility of the Hirer to ensure safety of persons on board the Boat;

i) comply with the briefing notes and verbal briefing. The Hirer acknowledges receiving the briefing notes;

j) ensure that the Boat is kept safe and secure during the Hire Period;

k) not part with possession of the Boat and is not permitted to sub-lease, sub-hire, mortgage, encumber or otherwise undertake any legal dealing with the boat;

I) not use the Boat for any purpose or in any manner which would or does result in the Owner’s insurer (if any) refusing to meet any claim by the Owner for any loss or damage caused to or by the Boat while in the possession of the Hirer;

m) ensure that the Boat is operated only in accordance with manufacturer’s specifications and not change or interfere with any factory or Owner’s settings of the Boat;

n) ensure that the Boat is operated only in accordance with applicable Workplace Health and Safety Regulation, and generally in accordance with all statutes, regulations and laws applicable to the use of the Boat;

o) notify the Owner immediately of any loss or damage to the Boat, and not to attempt to or effect any repairs to the Boat without the consent of the Owner;

p) allow the Owner or its nominated representative access to the Hiring Address at all times to inspect the state of repair and operation of the Boat, and if misuse, loss or damage has occurred or is apprehended by the Owner, to return possession of the Boat immediately to the Owner or its nominated representative;

q) contact the Owner by telephone when the Boat is available to be returned (or collected where prior arrangements are made for collection by the Owner) at least 45 minutes prior to the end of the Hire Period (noting the Hirer’s obligation to pay additional charges on late notification);

r) return the Boat at the end of the Hiring Period to the Owner in at least as good a state of repair, condition and cleanliness as at the commencement of the Hire Period, fair wear and tear only excepted;

s) if the Boat is powered, return the Boat with a full tank of fuel at the Hirer’s cost. No Ethanol blends. If ethanol blends are used, the Hirer is responsible for any damage caused to the motor, for any service costs and the cost of a tank of unleaded fuel at the pump price at the time of refilling the tank;

I) if the Hirer needs to top up the fuel, the Hirer must ensure that the

swimming in areas inhabited by crocodiles, jellyfish and other dangerous marine animals.

8.2 The Hirer warrants and declares that they have not been convicted of an offence of fraud or theft or any like offence.

8.3 Where the Hirer is obliged to notify the Owner of any matter or thing set out in this Agreement, the Hirer will first attempt telephone contact with the Owner. Notification by any other or slower means will not be acceptable.

9. INSURANCE

9.1 The Hirer acknowledges that if the Owner has insured the Boat, that insurance is solely for the use and benefit of the Owner. The Hirer should take out its own relevant insurance. The Owner’s insurance does not include/cover:

a) waterskier’s liability.

b) accident, injury, death, damage, loss or liability whatsoever arising from towing the Boat, or while the Boat is on a trailer.

c) when the Boat is more than 15 nautical miles beyond land.

The Hirer must take out its own insurance cover for such matters.

9.2 If the Boat is lost or damaged while on Hire to the Hirer and the Owner elects to claim on its insurance policy over the Boat, then:

a) the Hirer will provide all necessary information and assistance to the Owner and/or the Owner’s insurer to enable the Owner’s claim to be properly determined;

b) the Hirer acknowledges that the insurer may sue the Hirer to recover its loss pursuant to its rights of subrogation under the policy of insurance; and

c) the Owner may recover from the Hirer any costs incurred by the Owner in respect of the claim on its insurance policy, including any policy excess payable. The payment of any excess shall not have the effect of determining or compromising any claim that the insurer may have against the Hirer for the recovery of its loss on any such claim by the Owner.

9.3 The Hirer may elect prior to the commencement of the Hire Period, to reduce the insurance excess which is payable by paying an additional sum per day as specified in the Schedule except where the acts or omissions of the Hirer void the excess reduction or policy benefit e.g. theft by the Hirer.

9.4 The Hirer must take out and maintain for the Hire Period such other insurances as the Owner determines as are necessary in respect of any loss or damage caused by, or arising from, or in connection with the Boat or its use by the Hirer.

9.5 The Hirer must provide the Owner such evidence of insurance as the Owner may request from time to time.

9.6 If the Boat is lost, stolen or damaged the Hirer must:-

a) if stolen or maliciously damaged, inform the police and the Owner immediately;

b) if lost or damaged, inform the Owner immediately;

c) provide a written statement with full details of the event within 30 days of the event;

d) provide all information and assistance as may be required by the Owner, police and/or any insurer; and

e) not make any waiver, release, admission of liability or promise of payment without the written consent of the Owner or its insurer.

10. WARRANTIES

10.1

10.1 This clause applies where the Australian Consumer Law applies to the sale of a good or the provision of any service.

10.2 These Terms are to be read subject to any terms, conditions or guarantees of the Australian Consumer Law which cannot be excluded or modified by law.

10.3 The following mandatory statement applies.

Our goods come with guarantees that cannot be excluded under the

Australian Consumer Law. You are entitled to a replacement or refund for a major failure or compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

correct fuel and oil ratio is used. The fuel to oil ratio is 50:1. The Hirer will be responsible for any engine damage arising from use of incorrect fuel and/or oil ratio;

u) if the Hirer is intending to take the boat into partially smooth waters, duly complete and submit a coast guard trip sheet and sign off that the safety equipment is present. It is the Hirer’s responsibility to check the Boat to ensure that all safety requirements are met prior to entering partially smooth waters (e.g. life jackets, radio etc);

v) not use the Pallarenda Boat ramp or any other ramp that is considered to be a safety issue or to have inappropriate access. Pallarenda boat ramp is off limits. The Hirer must only use established and well maintained boat ramps;

w) ensure that the trailer hitch is locked at all times to prevent theft (trailers do get stolen at boat ramps);

x) pay the Owner a replacement fee of $100 per crab pot that is hired by the Hirer and is lost or damaged;

11.

11.1

11.2

11.3

INDEMNITY AND EXCLUSION OF LIABILITY

To the extent permitted by law the Hirer indemnifies the Owner against all claims, demands, fines, charges, liability, expense, loss and/or damage (including personal injury) whatsoever arising out of the use of the Boat by the Hirer, breach of this Agreement by the Hirer, loss, damage or injury sustained by the Hirer or his or her passengers and any act or omission of the Hirer or other persons that the Hirer is responsible for.

Under no circumstances will the Owner be liable to the Hirer whether in contract, tort, equity, by operation of statute or otherwise, in respect of any economic or consequential loss or damage of any nature whatsoever or any liquidated damages under any contract to which the Hirer is a party.

To the full extent permitted by law, the Owner will not be responsible for, and is hereby released by the Hirer from all claims, demands, damages, loss, expense, costs and personal injury arising from:

y) not take the boat outside of the limits noted on the vessel’s certificate of

registration / compliance;

z) when anchoring the vessel, lay out the anchor rope to a length of not less than 3 times the depth of the water. The anchor rope must not be dragged while the boat is under power;

aa)use common sense in operating the Boat and when undertaking any

a) defect or failure arising from improper use, maintenance or operation of

the Boat or fair wear and tear;

b) the Hirer’s own negligence, abuse, misuse, act or omission;

c) alteration or modification of the Boat by the Hirer;

d) defect, failure or malfunction arising from force majeure, unauthorised repairs, incompatible accessories, insects or vermin.

recreational activity with the Boat. This includes exercising caution at all times and observing basic safety precautions including not

11.4

To the extent permitted by law:

a) all implied warranties, conditions, terms and guarantees in relation to the hire of the Boat, statutory or otherwise, are hereby excluded.

b) a claim that the Boat, or any part or accessory, are not in accordance with the hire contract, unless the claim is lodged with the Owner in writing within one hour of taking possession of the Boat to the Hirer; and

c) any claim unless an action is commenced in a court of competent jurisdiction within six (6) months of delivery or in the case of non- performance or omission, within six (6) months of the date the performance should have occurred.

11.5 If the Owner is found to be liable to the Hirer, the Owner’s liability to the Hirer under this Agreement is limited to, at the option of the Owner:

a) the hire of the Boat again; or

b) the payment of the cost of having the Boat hired again.

11.6 The Boat while under the Hirer’s custody, control or possession is entirely at the Hirer’s risk.

11.7 The operation of this Clause 11 continues after the cessation of this Boat Hire Agreement.

12. DEFAULT

12.1 In the event that:-

a) the Hirer fails to pay any amount under this Agreement when due;

b) the Hirer purports to or does sell, transfer, encumber or pledge as security the Boat;

c) the Hirer breaches any of its obligations in this Agreement;

d) the Hirer becomes bankrupt or, if a corporation, becomes externally administered then an event of default has occurred.

12.2 If an event of default has occurred then the Owner:-

a) is entitled to terminate this Agreement and sue the Hirer for any loss or damage occasioned by reason of the event of default or the termination of this Agreement;

b) is entitled to enter upon the Hiring Address or any other premises or vehicle under the control or ownership of the Hirer, recover possession of the Boat and, if necessary, store it in a safe place, all at the cost of the Hirer;

c) may terminate any other hire agreement between the Owner and the Hirer for other Boat, and recover possession of that Boat as per clause

12.2 (b); and

d) may recover as a liquidated sum the Total Price or any unpaid part of it and the other amounts payable under this Boat Hire Agreement.

12.3 The Owners rights in consequence of an event of default will be, in addition to, and not in derogation of any other right or remedy which may have accrued to the Owner in respect of this Boat Hire Agreement, or the hiring of the Boat.

13. PPSA

13.1 The Hirer agrees:

a) that the Hirer hereby grants the Owner:

i. a charge over all of the Hirer’s personal property including any proceeds arising from that personal property, as security for the payment of all monies that may be owing to us from time to time;

ii. (as Transferee) the right under Part 2.7 of the PPSA to register a security interest in any accounts receivable to which the Hirer may be entitled from any other person as security for the Hirer’s obligations under this Agreement;

iii. the right to register a security interest in respect of the Hirer and the Boat where the Owner determines it is in the Owner’s interests to do so.

b) the Owner is entitled to register on the Personal Properties Security Register any security interest that the Hirer may have given to the Owner or arises from the hire of the Boat to the Hirer;

c) to provide the Owner with all information reasonably required to register a financing statement or financing change statement on the Personal Property Securities Register;

d) it will advise the Owner in writing of any change to the Hirer’s name or address at least 7 days prior to that change taking effect;

e) the Owner has the authority to search the register from time to time to determine what security interests may exist in respect of the Hirer;

f) where permitted by law, the Hirer waives the Hirer’s rights to receive a notice of verification statement;

g) where the Owner has rights in addition to those in chapter 4 of the PPSA, those rights will continue to apply and the Owner’s rights to seize the Goods will not be limited by the PPSA; and

h) to pay the costs of and incidental to the registration of a financing statement or financing change statement along with any costs incurred by the Owner in enforcing the Owner’s rights against the Hirer under the PPSA.

13.2 In the event that the Owner exercises the Owner’s rights under the PPSA to regain possession of the Goods, the Hirer waives the Owner’s rights with respect to the following:

a) the right to receive notice prior to us removing or seizing the Goods;

b) to receive a statement of account, a disposal notice or a notice of retention either prior to or immediately following our retaking possession and selling any goods or property to the third party;

13.3 The terms and expressions used within this clause have the meanings given to them in the PPSA.

14. PERSONAL INFORMATION

14.1 The Hirer authorises the Owner to collect the Hirer’s personal information and to use it for marketing purposes. The Owner may send the Hirer emails, letters or other marketing material from time to time promoting the Owner’s products and services.

14.2 If the Hirer wishes to unsubscribe, the Hirer will need to advise the Owner in writing that Hirer does not wish to receive any of the Owner’s marketing material.

14.3 The Hirer also authorises the Owner to use the Hirer’s personal information to carry out credit and character checks and to provide other parties with information about the Hirer’s credit history where they contact the Owner for a business or credit reference.

15. GENERAL PROVISIONS

15.1 Unless expressly stated in writing to the contrary, all amounts stated in, or payable in respect of, this Agreement are GST exclusive amounts and the Hirer must at the same time as paying that amount, pay GST in addition to the amount payable.

15.2 The person signing the document for and on behalf of the Hirer hereby covenants with the Owner that he or she has the authority of the Hirer to enter into this Agreement on the Hirer’s behalf and is empowered by the Hirer to bind the Hirer to this Boat Hire Agreement and hereby indemnifies the Owner against all losses and costs incurred by the Owner arising out of the person so signing this Agreement not in fact having such power and/or authority.

15.3 Termination of the hire of the Boat shall not affect any of the terms and conditions that are expressed or implied to operate or to have effect after termination; and

15.4 Time is to be of the essence of all obligations of the Hirer in these terms and conditions.

15.5 This Agreement constitutes the entire agreement between the parties and supersedes all prior communications, negotiations, arrangements and agreements, whether oral or written with respect to the subject matter.

15.6 These general terms and conditions are the Owners standard terms of contract, and no crossing out, obliteration or written notation on the text of these terms and conditions will be effective to vary or add to these terms and conditions. The only variations that will be recognised are those which appear in the Schedule and which are agreed to by both parties.

15.7 Any provision of this Agreement which is illegal, void or unenforceable is ineffective to the extent only of such illegality, voidness or unenforceability without invalidating any of the remaining provisions of this Boat Hire Agreement.

15.8 The Hirer may not assign or transfer any obligation under this Boat Hire Agreement without the prior written approval of the Owner. Unless stated in writing to the contrary, no assignment or transfer shall release the Hirer from any obligation under this Boat Hire Agreement.

15.9 This Agreement will be formed upon the Hirer accepting the Owner’s offer to hire the Boat per the particulars contained in the Schedule, whether that acceptance is communicated verbally or by the Hirer signing the acceptance in the Schedule. To avoid doubt this Boat Hire Agreement does not have to be signed by either party to be valid and binding on the parties.

15.10 Provided that the Hirer has entered into this Agreement with the Owner containing these general terms and conditions, each subsequent instance where the Hirer takes a Boat on hire from the Owner will be subject to these same general terms and conditions. The Hirer’s acknowledgement of receipt or delivery of the Boat hired in each instance constitutes an acknowledgement that these general terms and conditions apply to such hiring of the Boat. To avoid doubt, these general terms and conditions will apply to each instance of Boat hire, regardless of whether they are signed by the parties.

By acknowledging this Agreement, the Hirer accepts all the terms and conditions of this Agreement, and acknowledges that they understand the terms and conditions of this Agreement. The Hirer acknowledges that the Boat is at their risk during hire, the Hirer is responsible for the safety of all passengers and is responsible for the Hirer’s acts and omissions. The Hirer further acknowledges that they have received and read the briefing notes, and understood the verbal briefing, prior to signing this Agreement.

Please note:

  1. We reserve the right to cancel or withdraw a hire at any time. If this occurs, any payment made to us will be refunded, minus any service costs already incurred. We will always do our best to ensure the hire can be facilitated, however, we are not liable for any costs incurred to you as a result of any cancellations.
  2. Launch and Retrieve services are only available in the Townsville Region at the following Boat Ramps:
    – Ross River Boat Ramp (Sir Leslie Theiss Drive, Townsville City – next to the Coastguard)
    – Stoney Creek Boat Ramp (Marina Drive, Bushland Beach)
    – Townsville Boat Ramp (Fifth Avenue, South Townsville)
  3. Bookings are considered unsecured until payment is made in full, and we reserve the right to reallocate them if they are unsecured. Full payment is required to secure your booking.