Float Hire - Terms & Conditions
TERMS AND CONDITIONS
The following terms and conditions (“Terms”) apply to any hire of the Float by the Owner. By making a booking, collecting and/or taking delivery of the Float, the Hirer is deemed to have accepted these Terms in full.
Agreement to hire
- The Owner agrees to hire, and the Hirer agrees to take on hire, the Float for the Hire Period in consideration for the payment of the Hire Charge and otherwise on these Terms.
- On or before the start of the Hire Period (and prior to collection or delivery of the Float), the Hirer will pay the Hire Charge in full along with a $50 bond.
- The Hirer will also pay any expenses and legal costs incurred by the Owner as a result of any breach by the Hirer of these Terms, including cleaning charges, damage or loss which is not covered by the Damage Waiver described below in these Terms and enforcement costs.
Use of Float
- The Float will at all times remain the absolute property of the Owner. The Hirer will not obtain any right or interest in or to the Float other than the right to use the Float for the Hire Period in accordance with these Terms.
- The Owner is responsible for ensuring a current warrant of fitness and registration for the Float but the Float is otherwise offered and taken for hire on an “as is” basis. The Owner gives no representation whatsoever regarding fitness or suitability of the Float for any particular purpose. The Hirer must satisfy themselves that the Float is suitable for their purposes.
- The Hirer will comply with all regulations under the terms and conditions, and laws governing their current full drivers license, and their vehicle is compliant with all the New Zealand Land Transport regulations.
- The Hirer must operate, maintain and store the Float safely, strictly in accordance with the law, only for its intended use and in accordance with any manufacturer’s or Owner’s instructions and recommendations.
- The Hirer must ensure that the tow vehicle used to operate the Float:
- is road legal;
- is driven only by a person with a full drivers licence in full compliance with the New Zealand Road Code and land transport rules (including without any drug or alcohol impairment, at a speed no greater than 90km/h and ensuring all tail, brake and indicator lights on the Float are connected and operational);
- has a towing capacity at least equal to the combined weight of the Float and its full load capacity.
[Important Note: Towing capacity is limited to the lowest rating of the vehicle’s maximum tow capacity recommended by the manufacturer, the maximum capacity of the tow bar and the tow ball rating]
The Owner may, at its discretion, require evidence of the above matters.
- The Hirer must not
- modify, affix anything to, damage or repair the Float;
- lose or part with possession of the Float or allow anyone else to use the Float;
- use or carry any illegal or hazardous substance in or on the Float.
- To the maximum extent permitted by law, the Owner excludes any liability whatsoever in relation to the Float or the Hirer’s use of the Float, howsoever arising.
- The Float must be returned to the Owner clean and in the same condition it was taken at or before the end of the Hire Period.
- A cleaning charge of $50 will apply if the Float is not returned clean to the satisfaction of the Owner.
- The Hire Period may only be extended if the Owner specifically agrees to such an extension and the Hirer pays the applicable additional Hire Charges.
- Either party may immediately terminate this Agreement at any time if the other party breaches any of its obligations. The Float must be immediately returned to the Owner in accordance with clause 11 in the event of termination.
Damage or loss
- The Hirer is fully responsible and liable for any cost, claim, expense, loss or liability incurred by the Owner as a result of any damage to or any theft or loss of the Float or otherwise as a result of the Hirer’s possession or use of the Float (including any damage to third party property).
Damage Waiver may apply to limit the Owner’s liability.
- In the event of any damage, theft or loss of the Float, any accident involving the Float, or any breakdown of the Float during the Hire Period (or otherwise when the Float is the possession or control of the Hirer):
- the Hirer must notify the Owner immediately by phone, text or email;
- if the damage, theft or loss is covered by the Owner’s insurance policy, Damage Waiver applies and the Hirer’s liability is limited to the full amount of the insurance excess or deductible which applies to the relevant claim under the Owner’s applicable insurance policy;
- if the damage, theft or loss is not covered by the Owner’s insurance policy (including as a result of any act or omission of the Hirer), the Hirer is liable for all repair costs incurred by the Owner (or the full replacement cost of the Float in the event of theft, loss or destruction).
- Any amount that the Hirer is liable for under this clause is payable to the Owner in full immediately on demand.