1.1 Parties to this agreement:
“Electric Boat Co NZ Ltd”: Provides a boating activity under these terms and conditions.
Each person who books, pays for or participates in a boating activity supplied by Electric Boat Co NZ Ltd, hereinafter referred to as “Customer”
1.2 These terms and conditions govern the relationship between Electric Boat Co NZ Ltd and Customer.
1.3 The Customer’s payment for a boating activity, payment for a membership, completion of a booking form, placement of a booking or boat reservation by other means, or completion of a membership form constitutes acceptance of these terms and conditions. Participation in a boating activity provided by Electric Boat Co Ltd constitutes agreement to these terms and conditions even for persons who were not responsible for placing the booking or completing a form. Customer is responsible for ensuring that all participants in their group are aware of these terms and have agreed to them.
1.4 These terms apply even if the booking is placed through a third party and these terms shall take precedence over any terms imposed by the third party booking agent.
1.5 Any deviation from these Terms and Conditions must be agreed in writing by both parties and shall apply only to the agreed time period and circumstances.
1.6 If a situation occurs that is not described in thes terms and conditions then it shall be judged in the spirit of these terms.
1.7 Electric Boat Co NZ Ltd may amend these terms and conditions at any time. Customer is responsible for checking them regularly and complying with any changes.
2.1 The Customer shall behave in accordance with these Responsibilities and will at all times bear responsibility for all other participants in their group to comply with all Responsibilities. Should the Customer (or a person in the Customer’s party) not comply with the Responsibilities, then Electric Boat Co NZ Ltd is entitled to terminate the agreement with Customer with immediate effect. In such event, there will be no refund for any amount paid.
2.2 During our operating hours, in times of good visibility, daylight and suitable weather, Customer can rent a boat. Electric Boat Co NZ Ltd reserves the right to change our operating hours if necessary for any reason, including daylight hours, seasons, staff holidays, illness and maintenance periods.
2.4 The Customer must be aged 16 or older and persons under 18 declare that they have obtained permission from a parent or guardian. Where a single group occupies multiple boats then a suitably mature and responsible person over the age of 16 must be in charge of each boat.
2.5 Our boats are licensed for a maximum weight and a maximum number of persons which must not be exceeded. The customer is responsible for ensuring that their group are within these limits. Should the Customer decide to allow more people or baggage on the vessel, all subsequent consequences are at the risk and expense of the Customer. If in doubt, please consult our staff to confirm that your group is suitable for the boat.
2.6 Customer agrees not to operate our boats while impaired (including while under the influence of alcohol, drugs or fatigue). Any person who is in charge of the boat and/or steering the boat must remain within the current New Zealand blood-alcohol and breath-alcohol limits for driving a car. Other persons on the boat may consume alcohol in moderation providing that it does not result in impairment which could affect safety or behaviour (including their balance and agility). Electric Boat Co NZ Ltd reserves the right to terminate the activity with immediate effect due to perceived impairment or antisocial behaviour of any person in the group. This will be determined solely by the judgement of our staff and no refunds will be given.
2.7 The Customer shall:
a) Understand and always abide by safety and operating instructions provided by Electric Boat Co NZ Ltd. Customer is responsible for seeking clarification if there is anything they do not fully understand.
b) Pay attention to safety at all times and not take risks.
c) Ensure that all persons in their group are properly wearing an approved lifejacket or buoyancy aid of a suitable size and type at all times when required.
d) Stay within the operating area limits as directed by Electric Boat Co NZ Ltd
e) Respect others on or near the water, ensuring not to cause excessive noise/nuisance, including behaviour on shore before and after the activity.
f) Ensure that all members of their group bring and use suitable clothing and equipment including: windproof and waterproof clothing, warm clothing, high factor sun cream, sun glasses, sun hats, non-slip, flat, soft-soled shoes.
- The rental period
3.1 The rental period begins at the arranged time. A Customer who is late for their start time is not entitled to compensation by refund or adjustment of the rental period to a later time. In our sole discretion we may extend the end time subject to availability, however the customer must pay for the extra time at normal rates. Please note that some of our boarding locations do not allow stopping. If you are not there at the agreed time then we may have to take the boats away again to make space for other users. If you are running late then please call to let us know in good time so that we can bring the boats at the right time to meet you.
3.2 Should Customer wish to extend the rental period during the rental period, they should first contact Electric Boat Co NZ Ltd by telephone. Should an extension be possible (subject to availability and at sole discretion of Electric Boat Co NZ Ltd) the normal hourly rate applies.
3.3 Should Customer not return the vessel at the stipulated time, without agreement, all extra time and boat relocation charges will be charged at twice the normal rate. Customer is also responsible for reimbursement of all damages incurred by Electric Boat Co NZ Ltd as a result of the late return of the boat.
3.4 Customer will return the boat in a clean and tidy state to Electric Boat Co NZ Ltd at the end of the rental period. Should the vessel be returned in a dirty state, the Customer may have to pay additional cleaning fees.
3.5 If Customer returns the boat early, the Customer is not entitled to a refund or credit for unused time. Boats are not to be left unattended at the disembarkation location. If leaving at a different time than planned, customer must contact our staff to ensure that staff are there to take the boat back.
3.6 The Customer must return the boat to the agreed disembarkation point. If the boat is not returned to the correct location, additional relocation fees will be charged accordingly.
- Obligations of Customer and of Electric Boat Co NZ Ltd
4.1 At the beginning of the rental period, Electric Boat Co NZ Ltd shall provide Customer with access to the boat and will ensure the boat is fit for purpose.
4.2 Electric Boat Co NZ Ltd will ensure the vessel is properly insured (third-party insurance) for the area in which it will be used according to the agreement. The Customer remains liable for the full amount of the insurance excess, our administration costs and any other uninsured losses or costs resulting from the Customer’s wilful actions.
4.3 The Customer shall not transfer boat to a third party. Customer will remain responsible at all times until the boat is returned to Electric Boat Co NZ Ltd staff. Should the vessel be moored or left unattended somewhere other than the agreed disembarkation point, the full deposit may be kept. Any further resulting costs shall also be charged to the Customer.
4.4 Customer will abide by all applicable rules and laws, including (where applicable) the International Rules for Preventing Collisions at Sea, the Northland Harbour bylaws and NZ Maritime Rules. Customer is responsible for familiarising themselves with this legislation and may contact our staff for further information on any questions about these rules. Any advice or information given by our staff should not be considered legal advice and should be verified by your lawyer before you rely upon it.
4.5 Customer warrants that they have all required faculties necessary for safe use of the boat, including adequate eyesight, agility, colour vision and hearing.
4.6 Customer will check prior to departure whether all necessary safety equipment is on board. Should this not be in order, the Customer shall request the missing item(s) from Electric Boat Co NZ Ltd before departing.
4.7 Customer will take care of the boat with diligence and may only use the boat for leisure activities approved by Electric Boat Co NZ Ltd. Customer may not make any adjustments or modifications to the boat. Any repairs shall be performed by Electric Boat Co NZ Ltd. Customer shall inform Electric Boat Co NZ Ltd. immediately of any fault, damage or assistance required.
4.8 Electric Boat Co NZ Ltd reserves the right to charge the deposit when Customer brings a vessel back in a dirty state. Electric Boat Co NZ Ltd reserves the right to charge the deposit when Customer or someone from Customer’s party has conducted themselves in an inappropriate manner or damaged the reputation of our business, deemed at sole discretion of Electric Boat Co NZ Ltd.
4.9 Customer will at all times operate the boat according to the directions and instructions provided by Electric Boat Co NZ Ltd.
4.10 Customer will ensure Electric Boat Co NZ Ltd is able to contact the Customer on the provided telephone number in the reservation form, unless agreed otherwise in writing.
4.11 At the end of the rental period, Customer will surrender the boat(s) to Electric Boat Co NZ Ltd at the agreed place and time. The boat, including its equipment, shall be returned in the same condition as it was at the beginning of the rental period.
4.12 Customer is prohibited from:
a ) Racing,
b) Swimming from or near the boat or otherwise entering the water at any time during the activity,
c) Diving or jumping on, from, onto or near the boat,
e) Climbing, stepping or leaning on any canopy, solar panel or sun shade,
f) Exceeding the speed of 5 knots (9.2km/h)
g) Taking passengers or cargo or operating any kind of ferry or water taxi service
h) Operating the boat in proximity to swimmers, other boats or other water users.
i) Disembarking or leaving the boat unattended at any time or place other than the agreed disembarkation time and place without the prior agreement of our staff (except in case of emergency)
j) Taking the boat outside the boundary of the approved operating area
k) Taking the boat into shallow water (less than one metre deep)
l) Allowing the boat to make contact with structures, the seabed, the foreshore, mangroves, piles, moorings, wildlife or other vessels except with prior agreement from our staff.
m) Wearing high heels or platform shoes – they can damage the deck or affect your balance. (bare feet are permitted at your risk. We take no responsibility for injuries caused by not wearing suitable footwear)
n) Fishing or otherwise collecting seafood
4.13 Customer is responsible for obtaining their own travel and medical insurance. Electric Boat Co NZ Ltd accepts no liability for uninsured losses, damages or medical costs to Customer arising from this activity.
4.14 In the event of a medical or other emergency, Customer consents to our staff providing such first aid or assistance as they can and will not hold them responsible for any error made whilst attempting to render assistance.
4.15 Before embarking, customer shall note any pre-existing damage to the boat and inform our staff who will record it in writing or by taking a photograph or video. Customer shall be liable for any damage which is found after they have used the boat and was not recorded when they embarked.
- Payment and bond
5.1 When making a reservation, Customer shall pay the agreed rental rate to Electric Boat Co NZ Ltd. Additional time shall be rounded up to the next 30 minutes and billed pro-rata.
5.2 Electric Boat Co NZ Ltd shall hold a bond of $500 per boat or such other amount as we specify under the circumstances. Customer’s liability is not limited to this amount.
5.3 Electric Boat Co NZ Ltd is entitled to deduct from the bond in the event of damage or when the Customer does not return the vessel to Electric Boat Co NZ Ltd at the agreed time.
5.4 Electric Boat Co NZ Ltd is entitled to deduct from the bond in the case Customer (or a person in Customer’s party) does not comply with the general responsibilities (See 2.).
- Damage and liability
6.1 In case of damage the Customer shall inform Electric Boat Co NZ Ltd immediately. Should damage not be reported (immediately) the full security bond shall be charged, regardless of the amount of damage. Should the damage, losses, administration, recovery costs and other costs exceed the deposit, any additional amount will be recovered from the Customer.
6.2 Non-fulfillment of these general rules by the Customer can lead to full liability for damages and any subsequent costs.
6.3 In case of recklessness, wilful negligence and/ or the non-fulfillment of any directions of Electric Boat Co NZ Ltd, the Customer may be held fully responsible for any subsequent damages (not limited to the insurance excess) without Electric Boat Co NZ Ltd claiming on our insurance.
6.4 Customer is liable for damage to the vessel as well as any damages caused to any third party within the rental period as far as these are not covered by Electric Boat Co NZ Ltd insurance.
6.5 Customer is fully liable for all (subsequent) damage caused should the Customer use the vessel outside the agreed-upon area.
6.6 Should the vessel not be returned in the same state as it was supplied, Electric Boat Co NZ Ltd is entitled to have the boat brought back to that same state at the Customer’s expense, unless said expenses are covered by Electric Boat Co NZ Ltd’s insurance, in which case Customer is only due to pay the policy excess.
6.7 Repair, cleaning, maintenance, administration and other work carried out by our staff is currently charged at $120 per hour including GST, plus the cost of parts and materials. Rates may change without notice.
- Rescheduling and cancellation
7.1 A boat reservation may be rescheduled by Customer up until 10 days before the start of the reservation without reason and at no cost. Between 10 days and 48 hours prior to the start time, rescheduling is permitted but a rescheduling fee of $90 per boat will be charged.
7.2 Rescheduling within 48 hours of the start of the reservation is not normally permitted and non-attendance at agreed time shall result in full rental payment. Any late rescheduling offered is at sole discretion of Electric Boat Co NZ Ltd and a fee of $120 per boat will be charged.
7.3 Cancellation of bookings by Customer is not permitted. No circumstances shall warrant refund of paid amounts in the event of cancellation or non-attendance by Customer.
7.4 Electric Boat Co NZ Ltd may cancel a booking due to unsafe weather conditions (in the sole judgement of Electric Boat Co NZ Ltd), damage occurring on a previous hire, staff illness or for any other reason in our sole discretion. we will give Customer as much notice of cancellation as reasonably possible under the circumstances. Customer is responsible for checking their email and phone in case of cancellation/postponement. In the event of cancellation/postponement by Electric Boat Co NZ Ltd prior to the start time, Customer is entitled to choose either a new date and time (subject to availability) or a full refund. If cancellation by Electric Boat Co NZ Ltd. takes place after the start time (for example due to an unexpected change in the weather or a mechanical problem) then customer will receive a credit or voucher for any unused time (rounded up or down to the nearest full hour) for a future booking and is not entitled to a refund.
7.5 If booking through an agent or website then any booking or payment fees charged by the third party are not refunded unless the third party agree to provide a refund.
7.6 Customer may not cancel or reschedule a booking due to weather unless agreed in writing by Electric Boat Co NZ Ltd. Customer should be prepared for any weather including bringing suitable clothing for cold weather or rain, sun cream and sun glasses. If inclement weather is likely to affect your enjoyment of the experience then please select a boat with a canopy and shelter.
7.7 Electric Boat Co NZ will endeavour to provide the exact boat chosen by Customer but may substitute any boat which is capable of taking the number of persons listed on the booking. If you have particular requirements such as standing headroom or upright seating then please state this on the booking form to ensure that any substitute boat is suitable.
- Club membership terms
8.1 Customer may join our “Electric Boat Club” and become a “Member” to receive unlimited use of our boats (one boat per member at a time) for a monthly fee. The advertised fee applies for the first month, to a natural person who must be on board the boat for every booking they make and may only be accompanied by close friends and family.
8.2 Corporate membership, club/group membership or enhanced personal membership is available. This can allow multiple boats to be booked, more advance bookings per month and bookings for groups who are not family/friends. The terms and the applicable monthly fee for such membership will be determined by Electric Boat Co NZ Ltd. on a case by case basis.
8.3 For standard personal membership two advance bookings per calendar month are permitted per member. Maximum 2 hours per booking. Additional unlimited bookings under the membership scheme may only be made less than 48 hours but more than 12 hours before the booking start time and are subject to availability of a suitable boat. If you require more advance reservations per month then this is available on request but your membership fee may be increased.
8.4 Based on individual frequency of use or any other factor at our discretion, Electric Boat Co NZ Ltd. reserves the right to charge different membership fees to different members, to offer discounts to some members but not to others, or to cancel membership without notice at any time. In the event of such cancellation, membership fees will be refunded pro-rata for time paid in advance.
8.5 A deposit/bond will still be required for each booking, or it can be held long term.
- Jurisdiction and disputes
8.1 Any disputes or complaints should be reported to Electric Boat Co NZ Ltd in writing and a genuine attempt to resolve any dispute shall be made by both parties before resorting to the courts.
8.2 Where a booking involves more than one person, the person who pays for the booking or club membership accepts full responsibility for any resulting financial claim by Electric Boat Co NZ Ltd against the group or any member of the group and is responsible for collecting contributions towards that from their other group members (if they choose to do so). Notwithstanding this, Electric Boat Co NZ Ltd may hold any or all members of the group jointly and severally liable if the funds cannot be recovered from the person who paid for the booking.
8.3 These terms are binding and shall be governed by the laws of New Zealand. Parties agree that any dispute shall be resolved by the courts of New Zealand and that the Disputes Tribunal of New Zealand shall have sole jurisdiction for any dispute which it is eligible to hear.