The terms and conditions set out below form part of the Hire Agreement (HA) between Westerberg Boat Hire (''us'', ''we'', ''our'') and the Hirer (''you'', ''your'') to hire the Vessel identified in the HA (Vessel). Hirer means the person/ company named in the HA as the Hirer and any person/company who provides a Credit Card Authority to us. In hiring the Vessel, you confirm that you have read, understood, and accepted these terms and conditions. Capitalised terms have the same meaning as given to those terms in the HA.

1. VESSEL CONDITION
1.1 Before leaving the hire premises, you must fully inspect the Vessel to ensure that any damage (such as scratches and dents) and cleanliness is accurately noted and shown in the Vessel Condition Report. If there is any inconsistency, you must notify us, and we must both agree in writing to any changes to the Vessel Condition Report before you leave the rental premises.

1.2 By taking the Vessel off the hire premises, you confirm that you take the Vessel:
a) in the condition set out in the Vessel Condition Report;
b) with manufacturer supplied accessories and equipment, keys, the global positioning system (GPS) and navigation accessories (where applicable), and any other items specified on the Vessel Condition Report or in the HA;
c) and the Fuel Reading set out in the HA.

2. RETURN OF VESSEL
2.1 You agree to return the Vessel to Us:
a) In the same condition as set out in the Vessel Condition Report, other than fair wear and tear;
b) to the Return Location in the HA (or to a location other than the Return Location with our permission) by the Return Due Date and Time in the HA;
c) with all of the items set out in clause 1.2(b) in good condition; and
d) with a fuel reading at least equal to the Fuel Out Reading in the HA unless you have purchased Pre Paid Fuel from us at the commencement of the hire.

2.2 We must be notified and agree to any extension of the period of hire, in advance of the Return Due Date. If you fail to return the Vessel to us by the Return Due Date & Time, the Vessel will be immediately reported to the Police as having been stolen.

2.3 We may take possession of the Vessel without prior demand if it is illegally parked or if, in our opinion:
a) it is being used, in contravention of any law or in breach of a material term of this HA; or
b) it has apparently been abandoned.

2.4 You will be responsible for the Vessel and the Hire will continue until we make our final inspection. We will use our best endeavours to make our final inspection within the following periods:
a) if the Return Location is attended and you return the Vessel during the hours of operation: at the time you return the Vessel, or within 5 hours of the Return Time;
b) if the Return Location is unattended: on the next day the Return Location is attended;
c) if the Vessel is returned outside the hours of operation of a Return Location: on the next business day; and
d) if the Vessel is returned to a location other than the Return Location with our permission: on the day the Vessel is brought back to the Return Location.
2.5 We will use reasonable endeavours to confirm the condition of the Vessel with you within 4 working hours of our final inspection if we do not consider you have returned the Vessel in the same condition as set out in the Vessel Details and Conditions Report, other than fair wear and tear.

3. USE OF VESSEL
3.1 You agree to maintain tyre pressure, fluid, and fuel at the proper operating levels and to immediately report any defect to us.

3.2 You agree that the following persons must not operate the Vessel (unless authorised by us in writing):
a) a person who is not identified under ''Skipper’s Name'' in the HA or in a Credit Card Authority;
b) a person who does not hold a current Skipper’s Ticket for the particular class of Vessel.
c) a person whose breath or blood alcohol concentration exceeds the maximum lawful concentration, or who is intoxicated, or who is under the influence of any drug, toxic, or illegal substance;
d) a person who has given us or for whom you have given us a false name, age, address, or driver's licence details;
e) a person who is under the age of (21) years.

3.3 You agree that the Vessel must not be (unless authorised by us in writing):
launched outside a 20km radius of the Albany Waterfront Marina, Toll Place.
launched on any surface other than a concrete, purpose-built boat ramp.
navigated more than 10 kilometres from the mainland coastline
navigated on water between sunset and sunrise
trailered on any unsealed road (being a road not sealed with a hard material such as tar, bitumen, or concrete). Off road conditions include but are not limited to fire trails, beaches, sand, tracks, fields, or paddocks;
towed at a speed faster than 100km/h on road
used to carry any flammable, explosive, or corrosive materials or to carry any animal or pet, excluding guide dogs;
used to carry any greater load, number of persons, or for use in a manner or for a purpose for which the Vessel was not designed and constructed.
used in contravention of any criminal legislation, any legislation involving a penalty, or for any illegal purpose whatsoever, or in contravention specifically of any marine safety laws
used if the Vessel is damaged or unsafe;

3.4 You agree to log and log off with the local Volunteer Marine Rescue (VMR) for every journey.

3.5 You must keep the Vessel and Trailer locked securely to your vehicle at all times whilst it is parked unattended.

4. CHARGES
4.1 You agree to pay on demand all the following charges for the period up until return to or recovery by us of the Vessel (whether charges are detailed in the HA or not):
a) all charges at the rates described under ''Total Charges'' in the HA. Daily rates apply to each consecutive 24 hour period commencing from the Check Out Time;
b) a Recovery Fee of $120/hr where we are required to provide you with land-based assistance to return the Vessel to the Return Location
c) the cost of repair or reinstatement of loss or damage where loss or damage cover offered by us does not apply;
d) where you breach any of your other obligations under this HA (without limiting any other right we have), such sum as is necessary to compensate us for our loss or damage suffered because of your breach, as determined by us;
e) all fines, penalties and other similar charges incurred by you or any other skipper of the Vessel, or any such charges logged to the Vessel during your period of hire, plus our administration fee of 15% per event.
f) all applicable goods and services tax (GST), and any other government taxes or duties that may apply, as set out in the HA;
g) (unless you have purchased Pre Paid Fuel at the commencement of the hire) our charge, at $3.00 per litre, for adding fuel to the Vessel up to the Check Out Fuel Reading.
h) the cost to us of recovering the Vessel in the circumstances described in Clause 2.3;
i) the replacement cost of any lost keys
j) where you fail to return any of the items described in Clause 2.1(c) in good condition, the cost to us of replacing the same.

4.2 Final charges will be determined after a final inspection by our representative which will be made as soon as practicable after return to, or recovery by us of the Vessel.

5. PAYMENT OF CHARGES
5.1 You hereby irrevocably and unconditionally authorise us to charge to your credit card and/or to charge to your account (as nominated under ''Payment'' in the HA) all charges payable by you under the HA, including this clause 5. Such charge will be considered a demand for the purposes of clause 4.

5.2 If we charge your credit card for any charges in excess of the amount set out in the HA, we will promptly notify you of the amount so charged and provide details of the reason for which you have been charged. If you dispute the amount or the reason for which you have been charged, you may contact the office of Westerberg Boat Hire on (08) 9841 2277. We will promptly deal with any dispute and, if we consider that any amount should be refunded to you, we will promptly credit that amount to your credit card.

5.3 If you fail to make full payment of any charge due to us:
(a) You agree to pay to Us:
- interest on all outstanding charges calculated daily at the rate equal to the Commonwealth Bank of Australia's standard business overdraft rate plus 2%. Interest will be payable from the expiry of 14 days from the date on which you were required to pay the money to the date of payment. Payments received will be credited firstly against any accrued but unpaid interest; and
- (ii) our costs of recovering or attempting to recover from you outstanding charges, including any mercantile agent's costs, and legal costs on a full indemnity basis if we are successful in our legal action against you; and
(b) We shall be entitled to list your payment default/s with the Credit Reference Association of Australia or other relevant credit reference organisations, which you acknowledge may affect your credit rating.

6. LOSS OR DAMAGE COVERE OFFERED BY US
6.1 All Vessels are provided with Standard Cover (SC). Under SC, you will have the cover provided in clause 6.2 below subject to the conditions in Clause 6.3 and exclusions in Clause 6.4

STANDARD COVER
6.2 In the event of a loss or damage:
a) We will pay for any accidental loss or damage to our Vessel (including prior accident value or repair costs), our assessment fees, towing and storage fees, our legal and investigative expenses, our loss of rental revenue, and our service charges; and
b) You will be required to forfeit the Security Bond set out in the HA.

CONDITIONS OF COVER
6.3 In addition to the exclusions to cover set out in Clause 6.4 , the payment referred to in clause 6.2 is subject to:
a) You not being in breach of any material terms or conditions contained in this HA. However, this clause 6.3(a) does not apply if you are in breach of a material term or condition contained in the HA but that breach is unrelated to the event or events for which you seek cover;
b) Your payment (in respect of each separate incident), regardless of cause/fault, of the Damage Fee;
c) You promptly reporting to us and the police or other relevant authority, and in any event within 24 hours, any incident involving loss or damage to the Vessel or any other property or injury to any person;
d) You providing such information and assistance as may be requested by us including, but not limited to, being interviewed by an investigator, or attending any Court hearing, and if necessary, authorising us to bring, defend or settle legal proceedings. However, we shall have sole conduct of any such proceedings. We will meet your reasonable out-of-pocket expenses in complying with this clause 6.3(d);
e) You giving to us promptly every summons, complaint, demand or notice in relation to any loss or damage;
f) You submitting to any tests required by the police/authorities to determine the concentration of alcohol or drugs in your blood;
g) You not leaving or decamping an accident without providing full particulars to all relevant persons and authorities;
h) You not being covered under any policy of insurance covering the loss or damage in which case you will not be covered by us;
i) You not providing any false information, nor engaging in any fraudulent activity, in respect of your hire of the Vessel or in your dealings with any law enforcement officer or authority during the period in respect of that Vessel hire;
j) You not, without our consent, making or giving any offer, promise of payment, settlement, waiver, release, indemnity or admission of liability.

EXCLUSIONS TO COVER AND LIABILITY
6.4 You must always pay the cost of, and are liable for, and Clauses 6.2 does not cover:
a)damage or loss caused to the Vessel or third party property as a result of you breaching the HA;
b) damage or loss arising from Theft, where the Vessel is left unlocked or unsecure or you have not kept the keys secure;
c) damage or loss to the Vessel deliberately caused by you or by you using the Vessel in a dangerous or reckless manner;
d) damage or loss to the Vessel whilst being transported, ferried, or towed without our authority, or used in any unauthorised area;
e) the cost of towing or salvage of the Vessel
f) costs or expenses incurred including legal costs (on a full indemnity basis) and interest as a result of your failure to deliver immediately every summons, complaint, demand or notice in relation to any loss or damage;
g) damage to or loss of any personal property owned by you (or any relative, associate, passenger or any person known to you) or any third party, including personal property left in the Vessel, or any property received, handled or stored by us at any time, except to the extent that such damage or loss is caused by our negligence or wilful default, in which case clause 6.2 applies;
h) Your death or personal injury or the death or personal injury of any other person except to the extent that it is caused by our negligence;
i) damage or loss suffered by us as a direct or indirect result of you providing false information, or engaging in any fraudulent activity, in respect of your hire of the Vessel or your dealings with any law enforcement officer or other authority during the hire period, and we reserve the right to recover an amount from you in respect of such losses.

7. TERMINATION
7.1 We may terminate the HA at any time if you commit a material breach of the HA.

7.2 You may terminate the HA at any time for any reason.

7.3 If the HA is terminated early for any reason, you agree to pay hire charges that reflect the actual duration of the hire. Such charges may be subject to our Cancellation Policy

7.4 Cancellation policy:
a) Cancellations within one month of booking: NO REFUND, unless we are able to rebook the boat. If the boat is rebooked, you will be refunded the value you were charged for the dates that we have managed to rebook. LESS a 20% cancellation fee of the full value of the booking.
b) Cancellations one month or more prior to bookings: cancellation fee is 20% of the full value of the booking.

8. GENERAL PROVISIONS
8.1 Your rights
Certain State and Commonwealth legislation, including the Trade Practices Act 1974 (Cth), imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions do not purport to exclude any statutory rights available to you and must in all cases be read subject to those statutory provisions. If you wish to find out more about your rights as a consumer, you can contact consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities. Nothing in this clause 11 is intended to reduce or prejudice the statutory rights available to you.

8.2 Liability
(a) Whenever we are permitted to limit our liability under State and/or Federal statute for breach of an implied condition or warranty, our liability is limited to, at our option, the replacement, repair or re supply of the Vessel or the reimbursement of the Hire Charges.
(b) Unless we or one of our employees acting in the course of their employment is negligent, and subject to your statutory rights as referred to in clause 11.1, we are not liable to you for any loss, damage, costs, expenses, damages (including for loss of use or enjoyment) or any other liabilities resulting from:
- any accident, breakdown or any other failure of the Vessel; or
- loss of or damage to your or anyone else's personal property, which includes, without limitation, personal property left in any Vessel or brought onto our premises; or
- any error, omission, fault, or malfunction of any GPS (whether installed in or otherwise provided with the Vessel).
(c) Without limiting the foregoing, to the maximum extent permitted by law, we will not be liable to you for any indirect, special, incidental, or consequential damage, or loss of profits or loss of earnings, suffered by you or any other person due to any breach of this HA by us, and you release and indemnify us (including for legal costs) from any such claim.

8.3 Our rights
- We reserve the right to refuse hire of another Vessel to you following any incident or accident or where you have breached a term of this HA.
- We reserve the right to refuse future hire of any optional accessories or equipment to you, if you damage, destroy or lose the unit while on hire to you.
- None of our rights under this HA may be waived except in writing by one of our officers.

8.4 Interpretation
- References in clauses 6, 7, 8 and 9 to ''you'' or ''your'' shall include the Hirer and all Authorised Skippers in the HA.
- Where ''you'' are more than one person your obligations under this HA are joint and several. ''Person'' includes a company.
- Words used in this HA and/or noted on the HA include all genders and singular words include the plural.
- Hirer means the person/ company named in the HA as the Hirer and any person/company who provides a Credit Card Authority to us. In hiring the Vessel you confirm that you have read, understood and accepted these terms and conditions. Capitalised terms have the same meaning as given to those terms in the HA.
- In this HA where we are required or entitled to exercise our ''opinion'' or ''discretion'', or to ''consider'', or to make a ''determination'', we will act reasonably in doing so and this HA is to be read in that way.

8.5 Miscellaneous Provisions
- No Hirer, Skipper or passengers in the Vessel shall be deemed to be our agent, servant or employee, in any manner or for any purpose whatsoever.
- You warrant that all information supplied in connection with this HA, whether before or after the date hereof, is or shall be true and correct in all respects, and that you will immediately notify us of any such changes.