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These Booking Conditions, together with our privacy policy and where your tour is booked via our website, our website terms of use (if any) together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with:

• Your Boat Limited, with registered office address 8 Richard Street, Auckland, New Zealand; trading as “YourBoat” and yourboat.co.nz (“we”, “us”, “our”).

Please read these Booking Conditions carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first-named person on the hire and all persons on whose behalf a booking is made and any other person to whom a booking is added or transferred.

The first named person on the booking must ensure that he/she and all persons named on the booking, and any other person to whom a booking is added or transferred (and where such a person is a minor, their parent or legal guardian), have read, understood and accepted these Booking Conditions. By making a booking, the first named person represents to us that they have complied with this requirement.

By making a booking, the first-named person on the booking agrees on behalf of all persons detailed on the booking that:

• he/she has read these Booking Conditions and has the authority to, and does, agree to be bound by them;

• he/she accepts financial responsibility for payment of the booking and any other payment obligations on behalf of all persons detailed on the booking.

 

1. Booking & Paying For Your Arrangements

A booking is made with us when you pay us the required deposit (or full payment if you are booking within [10] weeks of departure) and we issue you with a booking confirmation. The booking deposit is 30% of the total rental cost.  Unless advised otherwise, the deposit is non-refundable. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you. Upon receipt, if you believe that any details on the booking confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.

 The balance of the cost of your arrangements is due not less than [10] weeks prior to scheduled departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which we will retain your deposit payment as a cancellation charge.

 

In the event of poor weather be required to cancel your booking, in which case a full refund of all monies paid will be made to you. Where possible we will work with you to reschedule your charter to the next suitable date.

 

2.  Booking - The Hirer 

The hirer shall:

• Pay for all fuel used during the hire.

• Be over the age of 25, including any skipper

• Perform daily maintenance checks as per the operation manual

• Notify ‘YourBoat’ as soon as possible should any damage or repair be required

• Not undertake any repairs without the consent of the owner

• Operate the vessel outside of the set charter area detailed in the operation manual

• Ensure that only the Skipper or approved designated skippers as per the rental agreement drive the boat

• Return the vessel to it’s designated return area before 9 am at the end of the rental period

• Not sublet or use the vessel for hire and reward

• Not consume drugs or alcohol

• Not navigate/operate the vessel at night

• Be moored/anchored by sunset

• Check weather forecasts daily and not use the vessel in unsafe conditions as per the operation manual

 

3. Insurance

 

We have comprehensive insurance, providing coverage to nominated skippers. The hirer and designated skipper must be over the age of 25, a requirement of the insurance policy. You must have at least 5 years of boating experience supplied via CV. Or have an approved Maritime New Zealand boating qualification.

 

4. Pricing

We reserve the right to amend the price of advertised bookings prior to the issue of a booking contract and correct errors in the prices of confirmed bookings at any time.

We endeavour to ensure that all the information and prices both on our website and in our itineraries and the marketing material are accurate; however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.

 

5. Jurisdiction and Applicable Law

These Booking Conditions and any agreement to which they apply are governed in all respects by the laws of the country in which the rental takes place. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of New Zealand only.

If any provision of these Booking Conditions is or becomes invalid or unenforceable then that provision will be deemed to be deleted. However that provision will not affect the remainder of the contract which will remain in full force and effect subject to any modifications which are deemed necessary by the deletion of the invalid or unenforceable provision(s).

 

6. Cancellation by The Owner

We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion.

 

7. If You Change Your Booking

If you wish to change any part of your booking after our booking confirmation has been issued, you must inform us in writing as soon as possible. This should be done by the first-named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we are unable to assist you and you do not wish to proceed with the original booking, we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 8.

Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

 

8. If You Cancel Your Booking Before Departure

If you decide to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us and will be effective from the date on which we receive it. The cancellation fee is the equivalent of 30% of the total booking amount.  As a result of this cancellation, you will forfeit your booking deposit.

We will comply with our obligations under Consumer Law in relation to the services provided, and nothing in these Booking Conditions should be interpreted as attempting to exclude, restrict or modify the application of any such rights which you may have thereunder.

 

9. If We Change or Cancel

If due to circumstances beyond our control it becomes necessary to substitute a vessel or make any other alterations to your booking, we shall inform you of the changes as soon as possible. We reserve the right to make any such substitutions or changes where reasonably necessary. If the changes are, in our view, so substantial as to significantly alter your booking and you are unwilling to accept such changes then you may cancel your booking and we will give a refund of all money you have paid to us.

We may in exceptional circumstances (including weather that is deemed unsafe) be required to cancel your booking, in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation. You may be able to claim such expenses or losses under your insurance policy.

 

10. Your Behaviour

All Hirer’s and passengers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to any vessel or other property, or a delay, or is acting in a manner that is contrary to any relevant laws or regulations, we reserve the right to terminate your booking with us immediately. In the event of such termination, our liability to you and/or your party will cease and you and/or your party will be required to return the vessel to the area agreed with The Owner. We will have no further obligations to you and/or your party. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

You and/or your party may also be required to pay for or otherwise account for any costs, loss and/or damages caused by your actions. We will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party, and by accepting these Booking Conditions you agree to indemnify and hold us harmless against any such costs, damages or losses, including (without limitation) all costs, damages or losses (whether direct or indirect) arising from any third-party actions taken against us in connection with Hire. Unless we agree otherwise, full payment for any such costs, damages or losses must be paid directly to us prior to you leaving the hire, and we may require that a bond or credit card details be retained to cover any such costs, damages or losses, and by accepting these Booking Conditions, you authorise us to make any deductions from the same as may be required to cover any such payment. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions, together with all costs we incur in pursuing any claim against you.

We do not accept any responsibility for any accident, act or omission which occurs as a result of alcohol or drug consumption by you or any member of your party.

 

11. Our Responsibilities

• We will comply with our obligations under Consumer Law. You are expected to make your own enquiries in respect of any risks associated with the Hire and you are deemed to take part in the Hire at your own risk.

• We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

  • the acts, omissions and/or failure of the person affected; or

  • the acts, omissions and/or failure of a third party unconnected with the provision of the services contracted for under these Booking Conditions; or

  • any act, omission and/or failure by any employee(s) if they were not acting in the course of their employment carrying out the duties they were contracted to do with us; or

  • Force Majeure (as defined in clause 10).

• To the extent permitted by law, we limit the amount of compensation we may have to pay you if we are found liable under this clause as follows:

  • loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the lesser of $500 or the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

  • claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to twice the price paid by you.

• It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

• Where any payment is made in respect of a claim, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require. You must co-operate fully with us and/our insurers should we or our insurers wish to enforce those rights which have been assigned to us by you.

• If you make a claim against us which is covered by your insurance policy, you agree to pursue the claim through your insurer either in addition to, or in substitution for, your claim against us (if any).

• Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you.

• We will not accept responsibility for services or facilities which do not form part of your booking as specified on your booking confirmation. For example any additional activities (regardless of whether or not it is booked through us), or any service or facility which your accommodation or any other supplier agree to provide to you directly.

• Under no circumstances will we be responsible or held liable for any indirect or consequential costs, loss or damages of any kind, howsoever caused.

 

12. Local laws and policies

You are responsible for making yourself aware of the laws and other requirements of the country in which your rental takes place, as well as any advice in regard to the safety of the country and areas in which you will be travelling, and to make your decisions accordingly.

You are required to comply with any policies or instructions given by The Owner at all times during your rental, and failure to do so will be deemed a breach of these Booking Conditions.

 

13. Definitions and Interpretation

“Consumer Law” means the applicable consumer law(s) of the country governing this contract, and with respect to New Zealand, includes the Fair Trading Act 1986, “Health and Safety Law” means the health and safety law of the country in which the tour will take place, and with respect to New Zealand, includes the Health and Safety at Work Act 2015.