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Terms All prices are per Day (14h00 –
10h00) for the boat equipped as described unless
otherwise stated. Arrival time is between 13:00and
17:00.
2.
Deposit
Receipt
of deposit (50% of hire fee) confirms your
booking. Deposits are required within 7 days of
booking and can be paid by EFT, cash or bank
deposit.
3.
Hire Fee
The
full hire fee (less deposit) is due and payable
in cash or EFT by the Lessee on or before
takeover of the boat. If EFT is used, it
must be done 48 hours before departure. In peak
season, full payment is due two months prior to
charter date. All rates include 14% VAT.
4.
Booking Cancellation
If
you must cancel, notify us 14 days before date of
charter. Your deposit less 50% will be
refunded. Cancellations received less than
14 days in advance are subject to forfeiture of
deposit. Non-arrivals are liable for the
full hire fee. We regret that we cannot
make exemptions for personal emergencies or
expected rainy weather as a cause for
cancellation.
5.
Non-Arrival
If
the Lessee does not arrive at Lessor in good time
and fails to let the Lessor know that he/she will
be late, the Lessor may place the boat for
re-let.
6.
Minors
Bookings
from persons aged under 21 cannot be accepted.
7.
Take-over of Craft
Unless
otherwise arranged the usual time of boarding is
14h00 on the starting day of hire, subject to
unavoidable delays. Houseboats are let on
the understanding that the Lessor will explain
the controls of the boat and its equipment and
show that the engine and propeller are in good
order after which the Lessee is responsible for
the boat, propeller and its equipment.
8.
Return of Craft
All
boats must be returned to our jetty, vacated and
the keys returned by 10h00 on the final
day.
9.
Boat delays or Curtailment
No
responsibility will be accepted for the loss of
time or expense occasioned through accidental
damage to the boat while in the Lessees charge.
Every boat is checked before the start of each
cruise so it is unlikely that any boat will
suffer a mechanical breakdown. Should this
happen, the Lessor will not accept liability for
any consequential loss of time or expense. If
the Lessee should have an accident or a breakdown
he / she should report it to the Lessor
immediately so that steps can be taken to repair
the boat and enable the Lessee to resume the
cruise. The Lessor cannot be held
responsible for the consequences of delays or
restrictions of cruising arising form
obstructions, repairs or damage to navigational
works, flooding, shortage of water, industrial
action, fuel rationing or any other such cause.
The Lessor may restrict cruising if unusual or
hazardous conditions prevail.
10.
Unsuitable Lessees
The
Lessor reserves the right to refuse to hand over
a boat to any person who in their opinion is not
suitable to take charge on the grounds of age,
ill health, disability, inexperience, or any
other reason.
11.
Repossession of Boat
The
Lessor reserves the right to repossess the boat
at any time where a serious accident or damage
has occurred or in their opinion is likely to
occur because of the unsuitability of the Lessee
due to age, ill health, disability, inexperience
or any other reason, when to do so would in their
opinion lead to serious risk of accident or
damage.
12.
Accidents
The
Lessee has charge of the boat and is responsible
for its safe navigation. The driver of the
boat must be 21years old and in possession of a
valid drivers license and must have previous
power boating experience. In the case of
any accident or damage to the boat or to other
craft or to waterway property, it is the Lessees
responsibility to: Obtain the name of any
boat involved together with the names and
addresses of its owner and/or driver. To
report these facts to the Lessor together with
the full details of the damage as soon as
possible. No repairs must be effected
without the Lessor consent.
13.
Security Deposit and Equipment
The
Lessee is responsible for the boat and for its
gear and equipment. The Lessee is expected
to take all reasonable care of it and to report
and pay for any equipment lost, damaged, broken
or stolen. All equipment, utensils, etc.
must be returned in a clean condition at the end
of the hire period. A security deposit of
R550 is payable at the time of take-over. If
no loss or damage is incurred and the craft has
not been involved in any accident the security
deposit will be repaid to the Lessee within 48
Hours of return of boat.
14.
Extra Persons
No
more than the number of persons specified by the
Lessor may be accommodated on the boat. If extra
persons (or pets) are to be found on the boat by
the Lessor without permission, the security
deposit will immediately be forfeited. The Lessee
is also liable for all fines incurred and loss of
business from exceeding the maximum number of
people on the boat or not adhering to rules of
the waterway.
15.
Smoking
Smoking is permitted outside the houseboat only.
16.
Fuel
The
Lessee pays for fuel before take-over. A
refund is made within 48 Hours for the fuel
remaining in the tanks at the end of the cruise.
Only regular unleaded petrol may be used.
17.
Availability
The
boat will be placed at the disposal of the Lessee
on the date stated unless the Lessor is prevented
through circumstances outside their control from
so doing. The Lessor cannot guarantee to
provide an alternative boat but the deposit and
any other payments made by the Lessee will be
refunded in full. No further liability will
be accepted beyond such refund.
18.
Navigation Restrictions
18.1.
The boat may not be used to tow other craft.
18.2.
No cruising permitted after dark.
18.3.
The Lessee may not overnight on the boat anywhere
except in the areas nominated by the Lessor.
18.4.
The Lessee will navigate in accordance with the
Lessor Hire rules and observe any other
instructions.
18.5.
The Lessee will adhere to all Rand Water signs
regarding navigational restrictions.
19.
Deficiencies
You
are obligated to report any equipment deficiency
on your boat to the Lessor before departure. This
includes, but is not limited to damage to the
propeller and hull.
20.
Indemnity
The
Lessee and passenger’s use of the Lessor
premises and boat is entirely at their risk, and
the Lessor will not be liable for any loss or
damage to any persons or their property from any
cause whatsoever. The Lessee and passengers
hereby indemnify the Lessor for any claim against
them as a result of any act or omission by the
Lessee while hiring the boat.
21.
Disputes
In
the event of a dispute, which results in
litigation, the matter will be heard in the
Magistrates district of Vanderbijlpark.
22.
Bad Weather
The
Lessor reserves the right to cancel a booking at
any time if, in their opinion, the conditions of
the River constitute any danger whatsoever to
either the Lessee or to the houseboat. Should
it become necessary to curtail cruising after a
houseboat has left our premises, we reserve the
right to insist that the vessel be moored to a
secure mooring or anchored until conditions
improve.
23.
No Refund
No
refund will be paid for late arrival or early
departure.
24.
General
24.1.
The Lessor will make every effort to supply the
boat as requested but reserves the right to
supply an alternative boat with similar
facilities should this for any reason be
necessary.
24.2.
No pets are allowed to accompany the Lessee on
the houseboat.
24.3.
The Lessee will not be allowed to make use of any
third party facilities (restaurants, bars etc.),
without prior telephonic arrangement with said
parties.
25.
Late Returns
Boats
returned after 10h00 will be charged for at
R100.00 per half-hour or part thereof.
26.
Damages
The
Lessee is responsible for the cost of repairs to
the boat and or equipment. Furthermore the Lessee
will be charged for the hire fee for the
boat, until such time as the boat is repaired and
or returned.
27.
Assistance
If
the Lessee requires assistance from the Lessor
while on the houseboat due to faults on the
Lessee’s part, the Lessee agrees to
reimburse the Lessor for any costs incurred while
providing said assistance. These faults include,
but is not limited to, running out of fuel,
running aground, damage to propeller, engine
damage caused by overheating or any other
accident that is the fault of the Lessee.
28.
Legal Costs
The
Lessee shall be responsible for all legal costs
as between attorney and client including
collection commission, in respect of any legal
action for the recovery of any amount due under
this agreement as well as any cost in proving the
claim of the Lessor in case of death, insolvency
or liquidation of the Lessee, as well as the cost
in respect of execution of any judgment and
generally all costs (inclusive of attorney and
client costs) that may arise out of or in
connection with the debt herein mentioned. Failing
payment by the Lessee of any such attorney’s
disbursements and costs as referred to herein,
the Lessor shall be entitled to effect payment on
behalf of the Lessee which amount shall become
due and payable within seven days form such
payment by the Lessee in terms hereof.
29.
Whole agreement
29.1.
This agreement constitutes the whole agreement
between the parties and no representations or
warranties have been made or given (except as is
specified). No variations, additions or
modifications hereto shall be binding upon the
parties unless in writing and signed by all
parties.
29.2.
The parties consent to the jurisdiction of the
Magistrate's Court notwithstanding any facts,
which might otherwise oust the jurisdiction of
the Court.
29.3.
The parties choose as their respective domicilia
citandi et executandi for the delivery of notices
in terms of this agreement their above mentioned
address.
30.
Company , Trust or Close Corporation
Should
the Lessee be a Company, Trust or Close
Corporation, the person signing this application,
is hereby signing as surety for such Lessee.
31.
Houseboat operating instructions
The
Lessee has read and understands the houseboat
operating instructions, a copy of which is
available on the houseboat in the information
file.
32.
Inventory and boat checklist
The
Lessee has the option to recheck the inventory
and boat checklist before departure. If this
option is not exercised, the Lessee agrees that
all equipment is operational, and the inventory
on the houseboat is complete.
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