A Booking will not be confirmed until we have a
Deposit and a completed and acceptable Résumé.
Age Limits: The Skipper or the Hirer must be 25 years old or older.
Reservations: On making a booking you will be sent an invoice for the deposit and final payment. We require a 50% deposit to be paid within 3 days to confirm your booking. The remainder of the payment is required 14 days prior to the hire date. For hires starting within 30 days of booking date, full payment is required to confirm your booking. A copy of the hire Agreement (see below) will be sent to you at the time of booking and we must have a signed copy returned to us before departure. Failure to sign the agreement could result in the hire being cancelled and any monies forfeited.
Competency: At the time of booking you will be required to fill out a boating resume. Your booking will be accepted (or declined) on the basis of this resume but, if on the day of hire, we consider that you lack the skills to safely handle the boat then we reserve the right to cancel your booking which will be at your expense and any monies paid will be forfeited. The onus is on you to be sure that you have the skills to do the job. Please phone to discuss if there is any doubt.
Cancellation by Poor Knights Boat Hire: If we cancel your hire (for any reason) prior to the start of the hire we will provide a full refund of any hire monies paid, but Poor Knights Boat Hire is not liable for any other costs incurred by you.
Cancellation by the client: For cancellations made more than 30 days prior to the hire date Poor Knights Boat Hire will refund your deposit less a $50 cancellation fee. For cancellations within 30 days of the hire date we will only give a refund if we can rebook the boat in which case a refund will be made less a $50 cancellation fee.
We recommend you purchase suitable travel insurance to protect you in case you need to cancel your holiday.
Cancellation due to weather: Poor Knights Boat Hire reserves the right to cancel the hire if the conditions are such that it is dangerous to proceed (usually force 5 or above (31-40 km/hour ) either actual or forecast), in which case a refund will be made for the lost day. This cancellation with a right to a refund is at the sole discretion of Poor Knights Boat Hire.
Poor Knights Boat Hire does not give refunds for cancellation by the charterer due to inclement weather but if you are not confident to proceed in the present or forecast conditions then we will try and re-schedule a mutually agreeable date.
If no agreeable date can be found then Poor Knights Boat Hire will refund any monies paid.
Below is the wording of the Agreement which our Charterers are required to sign prior to the commencement of the hire.
TERMS AND CONDITIONS OF AGREEMENT
1. DELIVERY AND ACCEPTANCE OF VESSEL. Poor Knights Boat Hire shall present the vessel to the Charterer at the Tutukaka Boat ramp or other mutually agreed location at the time agreed. The vessel shall be clean and Petrol tanks full. The Charterer shall inspect the vessel on delivery, and acceptance of the vessel at this time constitutes full commission. Minor equipment malfunction shall not prevent the acceptance.
Minor equipment includes but is not limited to Chart Plotter, Fish Finder and VHF radio. Poor Knights Boat Hire will provide alternate navigation and communication equipment.
At the expiration of the Hire the Charterer shall deliver the vessel to the Tutukaka Boat Ramp or other mutually agreed location at the agreed time. Failure by the Charterer to return the vessel at the stipulated time and place may result in the Charterer being charged pro rata the charter fee for use of the vessel, plus any consequential and incidental losses suffered by Poor Knights Boat Hire caused by the delay.
The Charterer shall return the vessel in a standard of cleanliness acceptable to Poor Knights Boat Hire and failure to do so may result in a cleaning surcharge of $60 NZ.
2. INSURANCE. Our comprehensive insurance covers the hirer, for any loss or damage to the boat, or its equipment, as well as third party cover. The Vessel is fully insured, but clients are required to leave a bond to cover the insurance excess; this excess is $1000 NZD. The Charterers liability for loss or damage to the Vessel and its equipment is limited to the amount of the Bond, except in the case of:
1. Gross or willful negligence.
2. Operation of the Vessel whilst under the influence of drugs or alcohol.
3. Failure by the Charterer to comply with the laws of New Zealand (such as, but not limited to, the Recreational Fishing Regulations, NZ Customs Regulations and Harbour Regulations).
4. Breach of any of the conditions of Clause 3 (Restrictions of Use).
If during the Hire Term the Vessel is involved in any incident or accident resulting in damage, the Charterer shall notify Poor Knights Boat Hire as soon as possible of the full circumstances of the incident. The Charterer shall be solely responsible for any repairs to the Vessel executed without the express authority of Poor Knights Boat Hire
3. RESTRICTIONS OF USE. The Charterer shall not:
Sub-let or hire the Vessel to any other person or party.
Take the Vessel outside of the Charter Limits. Charter limits are Cape Brett in the North to Bream Tail in the South and up to 12 Miles off shore
Operate the Vessel during the hours of darkness (unless required to preserve the safety of the Vessel or crew or express permission is granted by Poor Knights Boat Hire).
Leave the Vessel unattended at anchor for more than two hours.
Allow the operation of the Vessel with more than the permitted number of passengers on board
Use the vessel for water skiing or wakeboarding without a spotter.
4. RECALL OR CANCELLATION. Poor Knights Boat Hire reserves the right of immediate termination the Hire and repossession of the Vessel upon default by the Charterer of any of the terms and conditions herein.
Poor Knights Boat Hire reserves the right to cancel the Hire and provide full refund of Charter Fee at any time prior to the commencement of hire.
Poor Knights Boat Hire reserves the right to recall the Vessel at any time during the Hire Term should Poor Knights Boat Hire (at its sole discretion) consider the weather conditions prevent safe navigation or endanger the safety of the Vessel or passengers.
Poor Knights Boat Hire is not liable to the Charterer for any refund of charter fees or other costs, including travel expenses, should the Charterer cancel the Hire for any reason.
5. RUNNING COSTS. The vessel shall be refuelled by the Charterer at the end of the charter with 91 octane Petrol. There is a self-serve fuel berth at Tutukaka Marina, Failure to refuel will incur a $50 (plus the cost of the fuel) Refuelling fee.
6. LIMITATION OF LIABILITY. The obligations of Poor Knights Boat Hire to the operation of the Vessel are limited to those imposed by the Maritime New Zealand and Poor Knights Boat Hire will not be responsible for personal injury or property damage caused by any defect or fault with the Vessel that the said Authority does not bind Poor Knights Boat Hire. This exclusion is subject to any rights or remedies you may have under the Consumer Guarantees Act 1993.
Poor Knights Boat Hire cannot be held responsible for loss, damage or theft of personal possessions.
7. COMPETENCY. By signing this agreement the Charterer certifies that they have sufficient practical knowledge of seamanship, piloting and the Rules of the Road and are competent to safely operate the Vessel. The Charterer shall not delegate any duties to persons not similarly qualified.