Hire Agreement / Terms & Conditions

 

This agreement records the terms on which Volo Jetski Adventures Limited ("we") will hire a jet ski, fly board, hoverboard and wetsuits, PFDs, goggles, gloves, booties, tools, accessories, radios and any other equipment (the "equipment") and provide tours or any other services to you.  Once signed, this agreement will be binding on you and any other people using the equipment or participating in any tours or other services with you. 

Your booking-

You must complete our booking form including the following details:

· What equipment you would like to hire;

· What tours or other services you would like to receive; and

· The dates you would like to hire equipment and participate in any tours or other services (the "hire period").

Your booking will be confirmed when:

· We have notified you that we accept your booking and have received the due payment; and

· You have provided us a signed copy of this agreement, or ticked the “ I have read and accept the terms and conditions” check box when submitting a booking.

Payment-

You will pay the fees as recorded on our website or otherwise notified by us when you submit your completed booking form.  Those rates may change from time to time.  However, we will not alter those rates applicable to your rental once your booking has been confirmed. 

You will pay the total fee prior to the start of the hire period.

All fees and other charges are inclusive of GST and are stated and must be paid in New Zealand Dollars. 

We accept payment by cash, credit or debit card and direct credit to our bank account. 

We accept the following credit cards: Visa or MasterCard. 

You agree that by signing this agreement and by providing a credit card for payment, all charges under this agreement (including any amounts payable under the "Liability" and "Insurance – jet skis" sections) may be charged to that credit card.

Changing your booking and cancellation-

If you wish to make any amendments to your booking once it has been confirmed and we agree to those amendments, the fees you will pay will be re-calculated at the rate applicable on the date of amendment. In reference to Volo jetski club “fees” is to be substituted with “tokens”.

If you wish to cancel your booking you must provide written notice to us.  If you cancel your booking less than 7 days before the start of the hire period, the total fee will be forfeited unless we can transfer your booking to another date (at our entire discretion).

Club memberships are non refundable. Days are considered to be tokens, which are valid for the duration of the current summer operating season. Bookings through the jetski club fall under our 7 day booking cancelation policy. Where appropriate, tokens will be credited back to your account for the remainder of the current operating season.

We may cancel or re schedule your booking (including location) in the event of adverse weather conditions, mechanical failure, non-availability of fuel or in any other circumstances which prevent us from hiring the equipment or providing tours or other services to you.  If we cancel or re schedule your booking in these circumstances:

· Before the start of the hire period and we (volo) cannot re schedule your booking to a different date or location, we will refund the fees paid by you; or

· During the hire period, we will refund the fees paid by you on a pro-rata basis depending on the portion of the hire period that has been completed.

 We may cancel your booking if-

• You are or appear to be intoxicated, under the influence of drugs or for any other reason we consider you may be a hazard to yourself or anyone else.

• Any mechanical failure is a result of misuse of the equipment, use of the equipment other than instructed by Volo or deemed outside of “normal” operating procedures, this includes rolling a jetski.

If we cancel your booking in these circumstances all fees paid will be forfeited.

Vouchers-

Volo considers a voucher to be “printed” once it has been sent to a customer.

All vouchers are valid until the EXPIRY date printed on the voucher itself and are subject to the availability of bookings.

The voucher is valid only for the redemption of services described in print on the voucher itself or in which they were advertised and subsequently printed. Volo may use its discretion to offer another service to the same value or higher as the one printed on the voucher if for any reason the original service intended is unavailable to offer.

Vouchers are non refundable unless Volo or an approved representative decide that a refund of fees paid is WARRANTED. This is done so at our discretion.

Please note that if a voucher is used to book a tour close to the expiration date and bookings are not available volo is not obligated to refund the fees paid. Volo may offer to extend the voucher on a case by case bases.

Once a voucher has been used to make a booking it will fall under the “changing your booking or cancellation policy” in this document

Expired vouchers may be extended for the following season for a fee of $40 at our entire discretion.

 

Use of the equipment-

The driver of the jet ski must be 18 years of age or over unless accompanied by a legal parent or guardian in which case the legal age is 15 years of age.  Passengers on jet skis must be 14 years of age or over unless accompanied by a legal parent or guardian. 

You and your passengers (as appropriate) must:

· Comply with all New Zealand maritime and other applicable laws.  In particular, you may only operate the jet ski or fly board or hoverboard within 1 nautical mile of the coastline;

· Follow all safety and usage guidelines provided by us;

· Wear or use any safety equipment provided by us;

· Ensure all reasonable care is taken in operating the jet ski, fly board or hoverboard;

· Monitor any warning lights or sounds indicating any potential malfunction and immediately notify us and shut down the jet ski, fly board or hoverboard if it is safe to do so.

You and your passengers (as appropriate) must not:

· Drive the jet ski or ride the flyboard or hoverboard under the influence of alcohol or drugs;

· Allow the jet ski, fly board or hoverboard to be operated outside your authority;

· Operate the jet ski, flyboard or hoverboard in any race, speed test, or contest;

· Smoke or allow animals on the jet ski, fly board or hoverboard;

· Allow more than the number of passengers or weight of passengers permitted for the jet ski, fly board or hoverboard;

· Make any alterations or additions to the jet ski, fly board or hoverboard without our consent;

· Leave the ignition key in the jet ski while it is unoccupied;

· Use the jet ski, fly board or hoverboard outside the hire period;

· Un-intentionally, intentionally or recklessly cause damage to the jet ski, fly board, hoverboard or any other equipment hired by you.  This includes submerging the engine in water, beaching or allowing the jet ski to leave the water or using excessive force in operating the jet ski or fly board.

We may restrict your use of the jet ski, fly board or hoverboard in certain areas due to adverse sea or weather conditions.  We will let you know of any travel restrictions during the hire period

Use of photographs and film-

You may not use any photographs or film of your or your companions' use of the flyboard, hoverboard or jetskis to market or promote any other business or organisation.

You may use your own camera and film equipment on the beach and before or after any tour.  You may not use your own camera or film equipment while you are operating the flyboard, hoverboard or jetski.

You can hire our camera or film equipment for a fee if you would like to take photographs or film while you are operating the flyboard, hoverboard or jetski.  We will provide you with copies of those photographs or film as agreed when you hired our camera or film equipment.

We may use any photographs or film taken during the hire period (including any photographs or film of you or your companions) for any purpose including marketing purposes and display on our website and/or Facebook page.  You will not be entitled to receive any royalties, commissions or compensation for our use of the photographs or film.

Physical health and medical treatment-

You must notify us of any medical condition, injury or disability which may affect your ability to use the jet ski, flyboard, hoverboard or participate in any tours or other services and any special requirements you may have as a result of any medical condition, injury or disability.  This obligation continues after this agreement is signed until completion of the hire period.

It is your responsibility to ensure your level of fitness is sufficient to allow you to use the jetski, flyboard or hoverboard and participate in any tours or other services. If we believe that your health, level of fitness or conduct at any time before or during the hire period is risking your or anyone else's health or safety, we may cancel your booking.  If we cancel your booking in these circumstances all fees paid will be forfeited.

Insurance –

We have insured the jet skis for cover in respect of damage to the jet skis and damage to third party property arising out of the use of the jet skis.

If damage is caused to the equipment or any third party property during the hire period you will be required to pay the insurance excess of-

$1,000.00 for jetski damage.

$1,500.00 for jetski club jetskis, third party and additional equipment damage up to $500,000.00 NZD

$300.00 for flyboard, hoverboard or any additional equipment belonging to Volo but not listed here

The excess will be payable even if loss of or damage to the jet ski is caused by a third party, un-intentionally or INTENTIONALLY. Volo will require the excess to be pre authorised on a visa or mastercard and a copy of your ID and your address if any damage is done.  We will refund the excess paid by you if we or our insurer are successful in recovering the full repair or replacement costs from the third party or, we will refund you any amount RESIDUAL from the repair invoice. It is at our sole discretion whether we process a claim through insurance or claim the losses from you the hirer.

However, you will be responsible for all losses arising from damage to the jet skis or damage to third party property due to the use of the jet skis during the hire period if your conduct has caused our insurance to fail to respond to cover the losses.  This includes, but is not limited to, your failure to comply with your obligations under the heading, "Use of the equipment".

Insurance cover is null and void if there has been any consumption of alcohol or drugs, and the hirer will be responsible for all losses arising from damage to the jetskis or damage to third party property during the hire period.

In anycase concerning the “jetski club” where damages exceed $500,000NZD the member will be liable for the additional amount not covered by insurance. Volo will not be liable for any amount over $500,000NZD, nor will it be involved in any way, any damages or legal proceedings against the hirer or any person(s) the hirer has allowed to use the equipment during their hire period.

If you or your companions have caused damage to the flyboard, hoverboard or jetski and we are unable to re-hire the flyboard, hoverboard or jetski while it is being repaired or replaced, we may charge you a daily rate of $300 representing our loss of ability to re-hire for each day that we are unable to use the flyboard, hoverboard or jetski while it is being repaired or replaced.

We may charge you an additional administration fee of $60.00 for processing damage claims both internally or involving our insurer.

Our insurance does not cover loss of or damage to your personal belongings. We recommend you obtain personal insurance to cover loss of or damage to those items.

Volo Jetski Club-

Some of the following conditions marked with an * apply to “Volo Jetski Adventures” where “member” is to be substituted to “hirer”.

1) Equipment pick up and drop off will be at 8am and 6pm respectively unless otherwise agreed upon by Volo.

2) Equipment is to be inspected on pick up and return with a Volo member of staff present.

3) Members will be required to have $1,500 bond authorised on their payment card before each hire period commences. This bond may be used (but not limited to) at the discretion of Volo to cover the cost of ANY damage or excess for insurance. In the case insurance needs to be called upon, the member will be required to pay the additional amounts appropriate and invoiced by volo for additional expenses. This bond amount will be released back to the client within 1 day of the end date of hire minus any damage, fees, charges and fuel expenses.

A full inspection of the condition of the equipment should be conducted by the client before taking possession, any damage or DISCREPANCIES should be made aware to a Volo staff member immediately or Volo will consider the equipment in good condition.

Additionally Volo may use this bond as required to cover-*

• A late return fee charged at the lesser of $60 per hour or an additional days hire at the members membership rate.

• Any expense to Volo in assisting the client during the hire period.*

4) At the end of each hire period a member of staff from Volo will conduct a full inspection of the equipment before signing it off as returned. Volo reserves the right to call upon the hirer until the commencement of Volos’ next hire period for damage done to the jetski. It is not possible to inspect every part of the jetski in the short return time, however the hirer can request to remain present and ask for a full inspection at the time of return including the run out period on a hose.*

5) Final fueling of the jetski will be completed by Volo and the amount will be de deucted from the bond payed before any remaining bond is returned. Volo will provide a reciept for the amount as evidence to the client.

All fuel receipts (or copies) from refueling during the hire period must be provided to Volo on return as proof of fuel amount and type.

6) Members are ultimately responsible for the use of the jetski and equipment. You are therefore responsible for the safety, security and well being of the equipment and any person using it during the hire period.

7) Volo reserves the right to cancel a membership or hire period at any stage without refund if any clause in this contract is broken; or the safety of the equipment and/or any person is put at risk at any time during the hire period. Any amount owing on the membership will be charged in full on termination under this clause and all fees payed or authorised will be forfeited.

8) Any fines issued to a member for breech of any rules, laws or bylaws will be the sole responsibility of the member to pay. Volo does not accept any responsibility for infringements issued. Failure to pay fines may result in membership being canceled and all fees payed or authorised to be forfeited.

9) Jetskis must under no circumstance be operated in rivers.

9a) Where large amounts of damage may occur the amount will be billed at the discretion of Volo for repair or replacement. If the jetski is not in use it must be on an anchor in at least 1m of water. The jetski must not be started in less that 1 metre of water and should be idled away from the beach for the first 200m. In areas with tides, it is your responsibility to ensure the jetski is moved to prevent it hitting the bottom or being in less than 1 metre of water. Any damage to the hull, jet unit, impeller, impeller wear ring, cooling hoses or grate will be charged to the member.*

10) Jetskis must under no circumstance be beached or tied to any hard object that may damage or scratch the jetski. Damage caused to the body of the ski will be charged at a minimum rate of $20 per tear in vinyl, where larger tears or damage may occur the amount charged will be billed at the discretion of Volo for repair or replacement. Damage to rub rails will be charged at the minimum rate of $10 per area of damage.*

11) Members are liable for all costs which may be incurred in recovery of the equipment.*

12) Volo charges the following for any “call out” to assist a member, or work carried out deemed other than general maintenance;

$1.40 per km travelled

$60 per hour in labour *

13) Volo does not keep a file of credit card numbers. At the completion of your membership, any document with your credit card number will be shredded.

Liability

Nothing in this part or any other part of this agreement excludes or limits our obligations under the Consumer Guarantees Act 1993 or any other obligations that cannot be excluded or limited under New Zealand law.

If the equipment suffers a mechanical breakdown or some other defect during the hire period, we may in our discretion provide you with replacement equipment, rebook you to a later date or refund the fees paid by you.

Except to the extent that the Consumer Guarantees Act 1993 applies or any other obligations cannot be excluded or limited under New Zealand law, the following provisions apply:

· We, our directors and employees will not be liable to you in contract, tort (including negligence), breach of any legislative requirement, equity or for any other reason for damage to property, personal injury, disability, illness or death or for any consequential loss (including financial loss) suffered by you or any other person as a result of the use of the equipment or in connection with any tours or other services provided or any act or omission of any person.

· If we are liable to you or any other person for any reason including in contract, tort (including negligence), breach of any legislative requirement, equity or for any other reason, our total liability is limited to the fees you have paid to us for the use of the equipment and provision of tours or other services to you.

 You will indemnify us and our directors against any loss or liability whether direct or consequential (including loss of profits) or costs of any nature whatsoever incurred or suffered by any of them, arising from or in relation to:

· Any breach of your obligations to us whether under this agreement or otherwise in contract, tort (including negligence), breach of any legislative requirement or for any other reason; or

· Any breach of your obligations to any other person in contract, tort (including negligence), breach of any legislative requirement, equity or for any other reason for damage to property, personal injury, disability, illness or death, relating to the use of the equipment.

You and any other people using the equipment or participating in any tours or other services with you must sign an Acknowledgement, Waiver and Release form before you may use the equipment or participate in any tours or other services.

Privacy Act 1993

You acknowledge that personal information collected or held by us (whether contained in this agreement or otherwise obtained) is provided and may be held, used and disclosed for the following purposes:

· Marketing;

· Administering, whether directly or indirectly, our contracts with third parties and enforcing our rights under those contracts;

· Enabling us communicate with you for any purpose.

New Zealand law applies

The law of New Zealand applies to this agreement and the hire of equipment and provision of tours or other services to you.  The courts of New Zealand have exclusive jurisdiction in respect of this agreement and the services contemplated by it.