Bookings & Payment:
These Terms and Conditions set out our obligations to you (the client) and your commitments to us, Easy Boat Hire Australia. Your booking with us, electronic or otherwise together with the information contained in your booking confirmation issued by us, forms the basis of our contract with you.
Explanation of Terms
In these terms and conditions “we” and “us” means Get Loose Pty Ltd trading as Easy Boat Hire Australia, ABN 51626435818.
“You” means the event organiser who is the sole contact for your group booking with Easy Boat Hire Australia. By paying your booking deposit you are agreeing to these terms on behalf of each member in your group. If the booking is on behalf of a limited company “you” means the event organiser acting for that company.
“Event(s)” means all aspects of the group booking with Easy Boat Hire Australia.
“In writing” means by facsimile, email or letter, signed and dated.
“Force Majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, viral outbreak, adverse weather conditions, fire and all similar events outside our control or the control of the supplier concerned.
1.1.1 Once you have confirmed your booking with us, paid your non-refundable deposit (refer to your booking confirmation form for the amount), a binding contract between us will come into existence. In the event we acknowledge your booking verbally prior to sending a confirmation letter, such acknowledgement will be an indication that we are dealing with your booking only and not a formal confirmation of it. By making your booking with us, you will be regarded as having read and understood our Terms and Conditions of Booking and to have actually done so before a contract between us came into existence.
1.1.2 Having read these terms and conditions, and acknowledging that you have done so by way of paying a deposit, You are formally accepting that you are now dealing with us on behalf of all other participants. If for any reason you require to hand-over responsibility of event organiser to someone else you must notify us in writing immediately. We cannot acknowledge this change of responsibility until we have received your formal advice in writing. You are liable for payment of the amounts due and responsible for collecting all monies and making payments to us by the due date. All people in your party must be over 18 years old, unless otherwise arranged with us. For charters on charters involving alcohol, you may be required to provide proof of your age. Upon receipt of any confirmation letters, documents or invoices from us, you must check them and contact us at once if any information appears to be inaccurate or incomplete. It may not be possible to make changes after this time.
1.2 Payment of Amounts Due
1.2.1 You must pay the balance in full no later than the date listed in the booking confirmation, unless otherwise stated and agreed in writing. When payments are late, we shall always try to retain your events for you but in some cases this may not be possible. All details of total amount to be paid will be confirmed once the booking has been secured by the non-refundable deposit. Payments can be made using a valid credit card, bank transfer, PayPal or cash.
1.2.2 Should the balance not be received by us in time, we will inform you that the payment is overdue. At this time, if you do not make payment within 12 hours we will be entitled to treat your booking as cancelled by you and retain your payments.
1.3 Payment Protection We will hold your payments in a business account for payment as required by our suppliers for the various events.
2.1.1 We reserve the right to terminate your event if your behaviour or that of any member(s) named in the booking is likely, in our opinion, to cause distress, damage, danger or annoyance to other customers, other members of the party, employees, property or anyone else who has a right to be on the vessel. If you are prevented from traveling or participating in the event because we or any person in authority believes you to be unfit to travel or likely to cause discomfort to or disturb other participants, you will not be able to complete your events. We will not be liable for any refund, compensation or any additional costs you have to pay.
2.1.2 We cannot accept liability for the behaviour of others in your accommodation or any persons taking part in any event associated and/or in the same event environment which forms part of your event(s) or if any facilities or services are removed as a result of their action.
2.2 By accepting these terms and conditions you accept responsibility for the proper conduct of yourself and other members of your party during the period of your event(s). We or any of our nominated suppliers reserve the right to terminate any or all of your event(s) should any member of your party misbehave or act unreasonably. You are also liable to make reimbursements to the supplier for any damage caused during your event(s). If you fail to act reasonably during the period of your event(s), you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions. Suppliers may require a bond payment to cover potential damage. This bond will be refunded after the charter provided that there is no damage to the supplier’s facilities.
2.3 You will ensure that all members of your party comply with all event timetables for your events. Failure to keep to the timetables may result in either discontinuation of the event(s) or cancellation of the event(s). We will not be liable for any refund, compensation or any costs that may be incurred by you as a result of your missing an event(s).
2.4 You will ensure all members of the party act at all times in a safe responsible manner and comply with all safety procedures be present and listen at all safety and information briefings which are relevant to the event(s) booked, make supervisors or any persons in authority immediately aware of any equipment or site deficiencies or concerns, dress suitably for any event as advised by our suppliers and observe and obey all laws, requests, conditions of use of any supplier, including accommodation and entertainment venues.
3.1 By You – Changes, Cancellations and No Shows
3.1.1 If you wish to change your booking we will try to comply with your requests but we cannot guarantee that changes can always be made. Where a change can be made, you will be charged for any extra costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers – we will advise you immediately of any additional costs. You will be required to pay the increased fees immediately if your events are within 10 days of the event(s).
3.1.2 If you wish to cancel all or any part of your booking, you should advise us immediately in writing. There may be charges based on the losses we may incur should we be unable to withdraw from our obligations with our suppliers. If any member(s) of your group do not arrive to participate in any event during your activities, there will be no refund by Easy Boat Hire Australia.
3.1.3 If you indicate that you may not be able to proceed with your booking before the date of balance due, we reserve the right to cancel your booking. This enables us to accept other bookings and avoid loss of revenue.
3.1.4 If we agree to postpone a booking for you for any reason you will incur a fee a postponement fee to be determined by the supplier plus a $200 administration fee to Easy Boat Hire.
3.2 By Us – Changes and Cancellations
3.2.1 Very rarely we have to make changes to and correct errors on our website and other literature after bookings have been confirmed. In the worst case we may have to cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. Please note most changes are minor, and only in extremely rare circumstances will a significant change or cancellation be likely to be made to a confirmed booking. If we have to make a significant change or cancel, we will tell you as soon possible. If there is time to do so before departure, we will offer you the choice of the following options:
Please note the above options are not available where any change made is a minor one. If we have to make a significant change or cancel, we will as a minimum where compensation is due pay you the compensation payments set out in the table above depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions.
3.2.2 Compensation will not be payable and no liability will be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control.
3.2.3 No compensation will be liable and the above options will not be available if we are forced by your failure to comply with any requirement of these booking conditions.
3.2.4 Very rarely, after your event has commenced we or our suppliers may be forced by Force Majeure to change or cancel part or all of your event(s). If this does happen then we regret that we will be unable to provide any refunds or pay you any compensation for any losses or expenses you incur as a result. We will try to assist you to secure alternative or rescheduled event(s) but you will have to pay any associated and/or additional costs in doing so that arise out of any alternative or rescheduled event(s).
4.1 Insurance We recommend that you take out adequate personal insurance for your protection. Such insurance should cover the cost of cancellation by you and/or any member of your party and the cost of assistance, including repatriation, in the event of illness or accident. We cannot be responsible for injury or loss suffered by you or any of your party other than as expressly set out in these booking conditions. For this reason, we recommend that you be fully and adequately insured. Additionally, should you participate in events which do not form part of the event booked with us it should be understood that this is also at your own risk and it is your responsibility to obtain the relevant insurance. Please confirm with your Insurers that your insurance policy covers the activities you will be participating in.
4.2 Health If you have an existing medical problem, allergies or disability which may affect your event, you must advise us the details of such condition before you make your booking. If in our reasonable opinion we believe that your chosen events are not suitable for you taking into account your medical problem or disability or you are not being accompanied by someone who could provide the assistance you may reasonably require we may need to refuse to accept the booking for your own safety. If we find out after you have made the booking that you have an existing medical problem or disability and you are not being accompanied by someone who could provide all the assistance you may reasonably require as referred to above and you have failed to give us this information at the time of booking, we reserve the right to cancel the booking and impose cancellation charges.
4.3 Special Requests If you have any special requests, you must advise us in writing at the time of booking. Although we will endeavour to manage any reasonable requests with our suppliers, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to review and availability.
4.3.2 Should any additional charge not included in the total price stated on our booking confirmation become payable (for example costs relating to a special request made by you), a revised booking confirmation will be sent to you showing the extra charge.
4.4 Pricing Policy Prices quoted to you at the time of your enquiry are correct to the best of our knowledge at that time. It is possible that prices may change before you actually book the event. We will advise you of any change in price or error of which we are aware at the earliest opportunity before you book with us. We reserve the right to make changes to and correct errors in prices at any time before your event(s) are confirmed. Once your events have been confirmed to you by our booking confirmation then subject to other clauses in these booking conditions, the price will not change. However, if we make an obvious mistake in the booking confirmation such as an incorrect price or inclusion, we reserve the right to correct this any time and will not be liable for the cost of errors before or after the events if we can provide evidence of such errors.
4.5 Website and Quote Descriptions All website and quote descriptions are made in good faith and every care is taken to ensure their accuracy. However, errors may occasionally occur. We cannot accept any liability for any errors or omissions except where these have arisen due to our negligence or that of any our employees (as long as they were acting in the course of their employment at the time). We reserve the right to make changes to and correct errors in our website and quotes at any time.
4.6 Weather Conditions As you will appreciate we have no control over the weather. The provision of favourable weather to allow you to take part in your chosen activities does not form part of our contractual obligations to you.
4.7 Force Majeure Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by Force Majeure. Additionally we cannot accept liability or pay any compensation where you suffer any damage or loss as a result of Force Majeure.
5.1 We take every care in selecting our suppliers and assure ourselves they will deliver you an exciting and enjoyable experience. Our agreement with you and the service we provide to you is to source and book the event for you. We have no responsibility for the provision of the actual events themselves or for the acts or omissions of the supplier(s) concerned or any of its employees, agents, suppliers or subcontractors. Please note it is your responsibility to show that all reasonable skill and care has not been used if you wish to make a claim against us.
5.1.2 Please note: we do not exclude any liability for death or personal injury arising as a result of our negligence or that of our employees providing they were at the time acting within the course of their employment with us. Please note: Sub clauses (2) (7) below are all subject to and without prejudice to sub clause (1) above.
5.2 Easy Boat Hire Australia may engage the service of independent contractors for events you book. Easy Boat Hire Australia is not responsible for any damage caused by those contractors. Any legal disputes between you and those contractors is a matter between you and those contractors. Easy Boat Hire Australia is not liable for any loss or claims for compensation that may result.
5.3 We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
5.4 Please note we cannot accept responsibility for any service which does not form part of your event. This includes, for example, any additional services or facilities which any supplier agrees to provide for you that we have not booked for you. In addition, regardless of any wording used by us on our website, in any of our quotes or elsewhere, we only promise to use all reasonable skill and care as set out above and we do not have any greater or different liability to you.
5.5 The promises we make to you about the event we have agreed to source and book as part of our agreement – and the laws and regulations of the location in which your claim or complaint occurred – will be used as the basis for deciding whether the event(s) in question had been properly provided. If the particular event(s) which gave rise to the claim or complaint complied with local laws and regulations applicable to those events at the time, the event will be treated as having been properly provided.
5.6 We limit the maximum amount we may have to pay you for any claims you may make against us. For all claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is the same as what you paid in your booking (excluding insurance premiums and amendment charges).
5.7 Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) 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 or (b) which did not result from any breach of our agreement with you or other fault by ourselves or our employees. Additionally we cannot accept liability for any business losses.
6.1 Should you not be satisfied with any element of your event, you should notify the supplier of the event concerned immediately. If the problem still cannot be resolved, you should contact us as soon as possible. If you are not satisfied with the response of the event provider at the time of your event, you should write to us formally detailing the specific issue you had within 14 days of returning from your event, if your complaint or claim does not involve death or personal injury or illness or within 3 months of returning from your event if your complaint or claim involves death, personal injury or illness. As long as the above conditions have been observed, the matter will be investigated and a reply will be sent to you within four weeks of the receipt of the complaint.
As it is difficult and sometimes impossible to properly investigate a complaint if we are not advised about it at the time, any compensation you may have been able to claim could be reduced or even lost altogether if you do not follow the complaints procedure set out in this clause. In the unlikely event that you have to pay for an activity or for entrance to a venue booked through us where you had already paid us for this activity then you must collect a receipt and send it to us in order for us to reimburse those costs.
7.1 Many of the services which make up your booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
8.1 Photos or video footage may be taken at your event by staff, contractors or suppliers of Easy Boat Hire Australia. You acknowledge and agree that any such photos or video footage including any images of guests of your event may be used for marketing and promotions purposes.
8.2 Photos of vessels on the website are accurate at the time they were published. However they must be treated as indicative only, as our suppliers have the right to change the presentation of their businesses at any time, and Easy Boat Hire Australia reserves the right to change suppliers if necessary.
9.1 Please note it is the requirements and standards of the location in which any services which make up your event which apply to those services.
10.1 We both hereby exclude any rights that any other party may have in relation to this Agreement.
11.1 This Agreement and all matters arising out of it shall be construed and governed according to Commonwealth law.
12.1 All pricing on our website, schedule, other documentation is in Australian Dollars ($) unless otherwise stated. All prices are inclusive of Goods and Services Tax (GST) 10% unless otherwise stated.
If you have any questions regarding our Terms & Conditions, please contact us.8