TERMS AND CONDITIONS
LUXE HIRE PORT HACKING
TERMS & CONDITIONS OF HIRE
These Terms and Conditions form part of the Hire Agreement between Luxe Hire Port Hacking ("the Owner") and the Hirer. By signing the Hire Agreement or taking possession of the vessel, the Hirer agrees to comply with the following conditions.
1. Booking & Payment
1.1 Full payment is required to secure your booking.
1.2 A refundable security bond may be required for selected vessels and must be paid prior to departure.
1.3 Luxe Hire Port Hacking reserves the right to refuse or cancel any booking where payment has not been received.
2. Hire Period
2.1 Vessels may only be operated during the agreed hire period.
2.2 The vessel must not be operated before sunrise or after sunset.
2.3 The vessel must be returned to the marina by the agreed return time unless otherwise authorised by Luxe Hire Port Hacking.
2.4 Late returns may incur additional charges in accordance with Clause 11.
3. Approved Operating Area
3.1 The vessel may only be operated within the designated waterways of Port Hacking as shown on the navigation map supplied prior to departure.
3.2 GPS tracking is installed on all vessels for safety, security and emergency response purposes.
3.3 Operation outside the designated operating area is strictly prohibited.
3.4 All Hirers are provided with a navigation map before departure. If the vessel becomes grounded or beached after leaving the marked navigation channel or entering areas identified as unsuitable for navigation, the Hirer will not be entitled to a full or partial refund for any lost hire time.
4. Driver Eligibility
The Hirer must:
Hold a current Australian Drivers Licence recognised in NSW.
Provide a copy of their licence before the commencement of the hire.
Hold a valid Australian Driver Licence or government-issued photo identification.
Be at least 21 years of age.
Have sufficient boating knowledge to safely operate the vessel.
Be able to understand and communicate in English sufficiently to understand the safety briefing.
Only authorised drivers approved by Luxe Hire Port Hacking may operate the vessel.
5. Hirer's Responsibilities
The Hirer agrees to:
Pay all hire fees, bond amounts and any additional charges arising under this agreement.
Operate the vessel safely and responsibly at all times.
Comply with all NSW Maritime regulations.
Never operate the vessel while under the influence of alcohol or drugs or with a blood alcohol concentration exceeding 0.05.
Ensure every authorised driver holds the appropriate licence and has sufficient boating experience.
Be responsible for the conduct and safety of all passengers onboard.
Ensure smoking and vaping are not permitted onboard.
Ensure children aged 12 years and under wear an approved lifejacket whenever the vessel is underway.
Inform all passengers of the risks associated with boating before departure.
Follow all safety instructions provided during the safety briefing.
Maintain the vessel in a safe and clean condition throughout the hire.
Report any accident, collision, injury or damage immediately to Luxe Hire Port Hacking and, where required, NSW Police or NSW Maritime.
Not arrange repairs without the written approval of Luxe Hire Port Hacking.
Not tow skiers, tubes, inflatables, wakeboards or any other person or object.
Not overload the vessel beyond its maximum passenger capacity.
Return the vessel in the same condition it was received, allowing for fair wear and tear.
6. Safety & Conduct
6.1 A correctly fitted lifejacket must be carried onboard for every passenger.
6.2 Reckless, dangerous or anti-social behaviour will not be tolerated.
6.3 Luxe Hire Port Hacking reserves the right to immediately terminate the hire without refund where the Hirer or passengers operate the vessel in an unsafe manner.
6.4 Pets are only permitted with prior approval from Luxe Hire Port Hacking.
7. Insurance, Damage & Liability
Insurance
Insurance covers accidental loss or damage to the vessel during the hire period only.
Insurance does not cover:
Personal belongings.
Negligence or criminal acts.
Damage caused by misuse, overloading, speeding, overheating or improper operation.
Damage occurring after the agreed hire period.
Damage caused by an unauthorised driver.
Damage occurring outside the approved operating area.
Security Bond
A security bond may be held before departure.
The Hirer is responsible for the insurance excess of up to $1,000 for any insured damage.
The bond will be refunded following inspection of the vessel, provided no damage, loss or additional charges apply.
Damage
The Hirer agrees to pay for:
Damage to the vessel.
Missing equipment.
Cleaning charges.
Recovery costs.
Repairs not covered by insurance.
Any damage resulting from negligence or breach of this agreement.
Liability
Luxe Hire Port Hacking accepts no responsibility for:
Loss or damage to personal belongings.
Personal injury resulting from reckless or negligent behaviour.
Damage caused to other vessels or property by the Hirer.
Fines, penalties or infringements incurred during the hire period.
8. Mechanical Breakdown & Rescue
8.1 If the vessel experiences a mechanical fault, the Hirer must immediately contact Luxe Hire Port Hacking and follow all instructions provided.
8.2 The Hirer must not attempt repairs unless authorised.
8.3 Where a genuine mechanical failure occurs, Luxe Hire Port Hacking may, at its discretion:
Replace the vessel (if available);
Reschedule the booking; or
Offer a partial refund.
8.4 Rescue & Recovery Fee
If Luxe Hire Port Hacking is required to provide on-water assistance, recovery or rescue as a result of the Hirer's actions, a minimum call-out fee of $250.00 will apply.
This includes, but is not limited to:
Running the vessel aground or becoming beached.
Fuel depletion caused by the Hirer.
Operating the vessel outside the approved operating area.
Failure to follow operating or safety instructions.
Negligent or unsafe operation of the vessel.
Any situation requiring staff to attend or recover the vessel due to the Hirer's actions.
Where the actual recovery costs exceed the minimum $250.00 call-out fee, the Hirer agrees to reimburse Luxe Hire Port Hacking for all reasonable additional expenses incurred, including but not limited to towing, vessel recovery, staff labour, transport and repair costs.
9. Weather Policy
9.1 The safety of our customers and staff is our highest priority.
9.2 Luxe Hire Port Hacking reserves the right to postpone, delay or cancel any booking where weather or water conditions are considered unsafe.
9.3 Rain alone does not qualify for a refund or postponement.
9.4 Weather decisions are based on actual conditions on the day, including wind strength, swell, visibility and official marine warnings.
9.5 Where Luxe Hire Port Hacking cancels a booking due to unsafe conditions, customers will be offered either:
A transfer of their booking
10. Cancellations & Early Return
10.1 Cancellations or requests to reschedule must be made at least 72 hours before the scheduled departure.
10.2 Cancellations made within 72 hours of the booking will result in forfeiture of the full hire fee.
10.3 Where NSW Maritime, NSW Water Police or Luxe Hire Port Hacking direct the vessel to return early due to safety or compliance concerns, no refund will be provided for the unused hire period.
10.4 Where the Manager determines prior to departure that the Hirer is unfit to safely operate the vessel due to intoxication, illness or other safety concerns, the booking may be cancelled. Any refund will be at the discretion of Luxe Hire Port Hacking.
10.5 If the Hirer voluntarily returns the vessel before the scheduled completion of the hire, no refund or credit will be provided unless approved by management.
11. Late Return
11.1 Vessels must be returned by the agreed return time.
11.2 Additional hire charges may apply for late returns and will be charged in 30-minute increments.
11.3 Failure to return the vessel within a reasonable time and without communication may result in recovery action and notification to NSW Police.
12. Cleaning
12.1 The Hirer agrees to return the vessel in the same clean and tidy condition in which it was received, allowing for normal wear and tear.
12.2 Prior to returning the vessel, the Hirer must remove all personal belongings and dispose of all rubbish using the bins provided or by taking it with them.
12.3 The Hirer is responsible for ensuring the vessel is free from excessive sand, mud, food waste, drink spills, fishing waste, bait, stains and any other debris that would require additional cleaning beyond standard maintenance.
12.4 If the vessel is returned in a condition that requires excessive cleaning, Luxe Hire Port Hacking reserves the right to charge a cleaning fee of $150.00. This fee may be deducted from the Hirer's security bond or charged to the payment method provided at the time of booking.
12.5 Where the vessel requires specialist cleaning or restoration due to excessive soiling, bodily fluids, upholstery staining, damage, or any circumstance beyond a standard clean, Luxe Hire Port Hacking reserves the right to recover all reasonable cleaning and restoration costs in excess of the standard $150.00 cleaning fee.
12.6 Failure to return the vessel in a clean and satisfactory condition may also result in delays to subsequent bookings, and the Hirer may be liable for any additional losses or costs reasonably incurred by Luxe Hire Port Hacking as a result.
13. General Conditions
13.1 Failure by Luxe Hire Port Hacking to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
13.2 If any part of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13.3 These Terms and Conditions are governed by the laws of New South Wales.
13.4 Nothing in these Terms and Conditions excludes or limits any rights available under the Australian Consumer Law.
13.5 By signing the Hire Agreement and taking possession of the vessel, the Hirer confirms they have read, understood and accepted these Terms and Conditions and agree to comply with all directions provided by Luxe Hire Port Hacking.
SPECIAL CONDITIONS IMPOSED IN RELATION TO NSW HIRE & DRIVE REGULATIONS
1. No person under the age of 21 years may hire OR drive a vessel
2. Vessels to be operated between sunrise and sunset only
3. The following safety conditions apply at all times that the vessel is in use;
- A life jacket of Australian standards association must be available for each person on board the vessel. Suitable PDFs (lifejackets) are provided for all passengers i.e adult, juvenile, child. (recommended for children under 12 years at all times).
- An adequate and approved extinguisher must be on board when vessel is in use.
- An anchor and sufficient line, bucket with lanyard, flares, torch, secondary sounding device is to be carried on board at all times
4. The vessel is to be used and navigated so as to comply with the requirements of the NSW Maritime
5. The hirer has been given clear and concise instructions on:
- Correct and safe handling and navigation of the vessel
- Correct and safe operation of machinery & fuel system
- Stowage and use of life-saving appliances
- Location and use of the fire extinguisher
- Limits of operation
6. The hirer when signing this document acknowledges he/she has read the above conditions and is conversant with the terms thereof and fully understands the effect on them.