HIBISCUS JETSKI HIRE LIMITED – TERMS & CONDITIONS

Conditions of Payment

The full rental payment is required to secure a booking with a $750 bond per jetski for hire from beach as launch site and $1,000 bond per jetski for “Tow & Go!” towaway rental and must be paid by cash, bank deposit or debit/credit card before the date of hire. The bond(s) will be refunded on safe return of the jetski(s) and once refuel and post-hire inspection(s) have been completed and refunds will be subject to no damage to the jetski(s) or equipment. Hibiscus Jetski Hire Limited has no influence over bank processing times to refund the bond into a nominated bank or debit/credit card account taking up to 3-5 business days.

Hibiscus Jetski Hire Limited reserves the right to retain funds from the bond(s) for the following:

    • (a) Loss or damage to jetski(s) or equipment.

    • (b) Cost of refuelling the jetski(s).

    • (c) Defrayment of costs due to jetski(s) not being returned at scheduled time.

    • (d) Any outstanding debits on the Hirer’s account (fuel, towables etc.).

    • (e) Cancellation of future bookings due to damage to jetski(s) or equipment.

Cancellations

In the event of a cancellation Hibiscus Jetski Hire Limited will issue a Jetski Hire Gift Voucher of equivalent value, which entitles the Hirer to priority reschedule, valid for 12 months (Gift Vouchers not redeemable for cash). If this is not acceptable to the Hirer a cancellation charge of 50% of rental payment excluding insurance bond(s) will apply.

Use

    • (a) Minimum age of 18 years to operate jetski(s).

    • (b) Maximum passenger loading including skipper is 3 persons (max. 190kg).

    • (c) Maximum speed of 5 knots within 200m of shoreline.

    • (d) Maximum speed of 5 knots within 50m of any vessel(s) or person(s) in water at any time.

    • (e) Maximum speed of 5 knots within 200m of a vessel displaying blue & white diving flag.

    • (f) Wristband kill switch lanyard must be worn by driver at all times whilst jetski is operating.

    • (g) Driver and passenger(s) must all be wearing approved life vest(s) while using the jetski(s).

    • (h) Must have an observer (minimum 10 years of age) on the jetski(s) if towing a sea biscuit.

    • (i) Jetski(s) must not be used in water shallower than 1m or damage to the hull, engine, impellers or associated workings for the jet unit will be the sole responsibility of the Hirer(s).

    • (j) Jetski(s) must not operate within the hours of darkness.

    • (k) Jetski(s) will not be used by intoxicated persons or persons taking judgment impairing substances prior or during the hire period. If the Hirer(s) appear(s) to be intoxicated or under the influence of judgment impairing substances at the Safety Briefing, Hibiscus Jetski Hire Limited has the right to cancel the hire without refund.

    • (l) Hirer(s) to exercise proper care and diligence for the security of the jetski(s) and will do nothing to jeopardise any insurance claims that may arise while the jetski(s) and equipment is in the Hirer(s) care.

    • (m) Jetski(s) must be driven by or under direct instruction by the Hirer who signed for it.

    • (n) Hirer(s) responsible for ensuring that jetski has sufficient oil and water while in their possession, hired in clean condition and must be returned in the same state. If the above conditions are not adhered to a minimum charge of $50.00 may apply.

    • (o) Jetski(s) must not be used further than 2 nautical miles from the shore

    • (p) Hirer(s) to not have any medical conditions that would affect his or her ability to safely operate the jetski(s).

Breach of Law and Regulations

The Hirer(s) shall be responsible for any costs resulting from breaches of Maritime Rules & Laws, traffic laws and regulations including traffic and parking fines.

Discretion

Hibiscus Jetski Hire Limited reserves the right to remove the jetski(s) and equipment from the Hirer’s possession or exchange it at any time or refuse the service to anyone at the sole discretion of Hibiscus Jetski Hire Limited.

Tow & GO!  Tow-away Rentals

The Hirer is responsible for ensuring that the jetski(s) has/have sufficient oil and water while in their possession. The jetski(s) has/have been hired out with full petrol tank and in a clean condition and must be returned in the same state. If the above conditions are not adhered to, a minimum charge of $250 may apply.

Damage and Accidents

Should the jetski(s) and equipment be involved in an accident or sustain loss while on loan, Hibiscus Jetski Hire Limited must be informed immediately. The following steps must be taken:

    • (a) Inform the police if passenger(s) or others are injured.

    • (b) Obtain the name(s) and address(es) of the driver(s) of any other vehicle(s) involved including all insurance details.

    • (c) Obtain the name(s) and address(es) of any witness(es).

    • (d) Make no other statements and do not admit liability for the accident.

Indemnity and Insurance

    • (a) Insurance for the jetski(s) will be provided by Hibiscus Jetski Hire Limited.

    • (b) In the event of an accident, the Hirer(s) will complete any insurance forms required by Hibiscus Jetski Hire Limited and will cooperate fully for any insurance purposes and for any third party claims made against Hibiscus Jetski Hire Limited.

    • (c) Hirer(s) agree that all bond(s) will be retained in the event of an insurance claim having to be submitted in order to cover excess.

    • (d) Hirer(s) indemnifies/indemnify Hibiscus Jetski Hire Limited (and its Director) from all claims of whatever nature that may result from the hire of the equipment.

    • (e) Hirer(s) shall be responsible for any costs resulting from breaches from Maritime Rules & Laws, traffic laws and regulations including traffic and parking fines.

Emergency Contact Details

The Hirer(s) is/are advised to provide Hibiscus Jetski Hire Limited with a full legal name and phone number of a person to be contacted in case of an emergency.

Identification by Driver’s License / Passport / ID Card

The Hirer(s) and/or Driver(s) are required to provide Hibiscus Jetski Hire Limited with a driver’s license, passport or ID card number including the issuing state, full legal name and photograph to verify age and identity prior to the hire and to avoid credit card fraud or other fraudulent activities.

Photo and Video Disclaimer

The Hirer(s) hereby grant Hibiscus Jetski Hire Limited permission to photograph and/or video the Hirer(s) and passenger(s) and agree to use the content in any and all its publications, including web based publications, without payment or other consideration.

Pest Control – Why you need to check your gear!

The Hauraki Gulf is a marine park of national significance. Many of the islands of the Gulf are pest free or partially pest free. This means they are now home to some of New Zealand’s rarest and most endangered species like tuatara, takahe, shore plover and kiwi. The islands are also recovering naturally as birds reintroduce themselves to these safe havens. It is important to keep them pest free – and we need your help!

Pest animals and plants can invade our islands by stowing away on or in your footwear, gear or boat. Insects could hide in your bag and weeds, seeds and soil could cling to your clothing and shoes.

Prepare for your trip:

    • Ensure all footwear and gear is clean and free of soil.

    • Seal up your gear & food as soon as you have finished packing and leave it closed until you reach your destination.

    • “Leave only footprints!” with all rubbish to be taken and recycled or disposed off responsibly.

Hirer(s) Declaration

The Hirer(s) has/have read and fully understand this agreement and the Terms & Conditions contained in it. The Hirer(s) confirm(s) that the details provided are complete and true. The Hirer(s) has/have no medical condition that could interfere with the operation of the jetski(s) or get worse by riding the jetski(s). The Hirer(s) carries/carry an appropriate current driver’s licence and is/are not disqualified or suspended from driving.

The Hirer(s) understand(s) the duty as the master of the vessel is to safely operate as the person in charge or skipper of the jetski and that it is the driver’s responsibility to prevent any accident, incident or mishap and to obey and follow Maritime Rules and to inform Maritime New Zealand of an incident, accident or mishap while in charge of the jetski and Hibiscus Jetski Hire Limited offers to help in fulfilling this duty.

The Hirer(s) acknowledge(s) to have received the Safety Briefing and fully understand the operating limits, Maritime Rules and instructions of safe handling and operation of the jetski(s). The Hirer(s) agree(s) to abide by all applicable local laws and Marine Safety constraints in the use of the equipment and accessories. The Hirer(s) agree(s) to operate the jetski(s) at own risk and accept full and complete responsibility for all actions in the use of the rental equipment and accessories that holds Hibiscus Jetski Hire Limited harmless in all regards as to any arising from such use. Any complaints lodged to Hibiscus Jetski Hire Limited or any relevant authority by the general public about the manner in which the Hirer(s) operate(s) the jetski(s), will result in an instant fine of $250. Hibiscus Jetski Hire Limited offers no insurance against harm to the Hirer(s) nor any other parties in the vicinity of the rental. The Hirer(s) take(s) on all personal and third party liability solely and exclusively during the use of the rental equipment and accessories, both for the period of rental and for any further period in which it can be reasonably established that the Hirer(s) was/were in possession of and using such equipment and accessories. The Hirer(s) agree(s) to indemnify Hibiscus Jetski Hire Limited and all of its directors of all liabilities in respect of proper safe handling and operation(s) of the jetski(s).

The Hirer(s) has/have received the jetski(s), equipment and accessories, including the trailer if hired, in sound condition. The Hirer(s) accept(s) the overall condition of the jetski(s) and have noted any damage before use. The Hirer(s) agree(s) to return the equipment and accessories in good order at or before the expiry of the agreed rental period. The Hirer(s) agree(s) to use the equipment and accessories in a responsible manner and completely at own risk.

The Hirer(s) agree(s) to reimburse Hibiscus Jetski Hire Limited in full for any damage caused to the equipment and accessories which arises from any improper, unlawful, accidental or withal actions and for any money lost on bookings due to downtime as a result of damage caused to the jetski(s) or equipment. The Hirer(s) agree(s) to accept the jetski(s) on these terms. If the motor of the jetski fails to work on return, an assessment fee of $350 will be applicable as per the owner’s discretion. The Hirer(s) agree(s) the bond(s) of $750 or $1,000 will be retained without refund if the Hirer(s) cause(s) any damage until the jetski(s) have been repaired in full. The Hirer(s) has/have given details of credit or charge card and authorise Hibiscus Jetski Hire Limited to charge all amounts due under the agreement to the credit card or account including accident damage.

The Hirer(s) consent(s) to the use of electronic signature(s) in lieu of an original signature on paper. The Hirer(s) has/have the right to request to sign a paper copy instead and by signing this waiver are waiving that right. The Hirer(s) may, upon written request to Hibiscus Jetski Hire Limited, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. The Hirer(s) agreement to use an electronic signature with Hibiscus Jetski Hire Limited for any documents will continue until such time as  Hibiscus Jetski Hire Limited is notified in writing that the Hirer(s) no longer wish to use an electronic signature. There is no penalty for withdrawing this consent. The Hirer(s) should always make sure that the Hirer(s) has/have a current email address in order to contact Hibiscus Jetski Hire Limited regarding any changes, if necessary.