Mornington Boat Hire – Vessel Hire Agreement & Legally Binding Waiver- 150 Salmon Street, Hastings, VIC 3915, Ph: (03) 5975 5479 | www.morningtonboathire.com.au

1. Agreement Acceptance

I (the Hirer/Captain) agree to hire the vessel described on the Passenger Log & Dispatch Sheet from Mornington Boat Hire (“the Owner”) for the minimum charge of hours booked, from the time booked, under the terms and conditions outlined below. By confirming this booking via phone, web, app, SMS, or email, I acknowledge: I have received and inspected the vessel and equipment in safe, working condition. I accept these terms as legally binding under Victorian law. I understand I am legally responsible for all vessel activity during the hire or until the vessel is returned to the owner.

2. Payment, Deposit, and Security: A  deposit is required via credit card or cash ($250). This will be refunded if the vessel is returned in good, clean condition subject to 2a).

a) The Owner may deduct any monies owed from the credit card or cash provided, including any: Late fees, Damages, losses, Cleaning charges, legal fees, Rescue or recovery expenses. Credit card payments may incur a 1.7% surcharge. Chargebacks or payment retractions will be considered breach of agreement and may result in legal action.

b) If  a credit card is declined or payment is incomplete, the Owner reserves the right to pursue recovery action, including legal or police involvement.

3. Hirer Responsibilities: Declares they’re fit to operate the vessel, at least 18 years of age, provide photo ID, Security Deposit and have a working mobile phone onboard. The Hirer agrees to:

  1. Return the vessel clean and undamaged. A minimum $25 cleaning fee applies to dirty returns.

  2. Accept full responsibility for any damage, loss, or deterioration to the vessel or equipment — including anchors — resulting from crew/ passenger behaviour or the Hirer’s negligence. Pay all recovery-related costs (e.g. towing, refloating, rescue, recovery, or retrieval). A late return, rescue, or recovery will incur a charge of $100 per hour, plus any associated losses and overdue hire usage.

  3. Ensure a mobile phone is switched on, charged, and in reception for the duration of the hire. Failure to respond may incur recovery fees.

  4. Comply with all maritime laws, including licensing, speed limits, fishing laws, and safe boating practices including fuel management, and ensuring all passengers wear lifejackets, remain seated during travel, load the vessel evenly and comply with all safety instructions.

  5. Avoid marine mammals. Any disturbance may lead to penalties or prosecution.

  6. Avoid prohibited activities: Water skiing, towing, diving, snorkelling, swimming, or cooking onboard are not permitted.

  7. Monitor the wellbeing of all passengers and notify 000, then the owner in the event of an emergency or missing person.

4. Acknowledgement of Risk: Boating, fishing, and recreational water use carry inherent risks. The Hirer:

  1. Accepts these risks and agrees to indemnify the Owner for any injuries, damages, or losses arising from normal vessel use

  2. Will advise passengers of these risks prior to boarding

  3. Confirms that they and their passengers are medically fit for recreational boating

  4. Acknowledges the safety briefing and accepts personal responsibility for safe operation including passengers under their supervision.

5. Prohibited Areas of Operation: Boats must not operate:

  1. Outside the designated hire radius ( AMSA-specified survey area: 2 nautical miles from Mornington Pier; 12-15min travel time)

  2. In water shallower than 2 metres (except during beach departure or return through the marked channel directly in front of hire shed)

  3. Within 100m of Mornington Pier, swimmers, or divers (including near yellow poles and blue/white diver flags)

  4. Under or near piers, or in any marked “No Boating” zone

6. Rescue, Retrieval, and Recovery Fees: In cases of grounding, drifting, lost anchors, or communication failure, the Hirer may incur a recovery fee of:

$100/hour (minimum 1 hour), Plus equipment replacement and loss of business

7. Cancellation Policy: Only Mornington Boat Hire can cancel due to unsafe weather — no fees apply in that case.

Cancellations or no-shows after confirmation will incur the following:

Weekdays: 24 hours’ notice required, Weekends/Public Holidays: 48 hours’ notice required
Late cancellation fee: Equivalent to first 2 hours of boat hire, or first hour of watercraft hire

8. Refunds, Early Returns & Late Arrivals

  1. Hire begins at the scheduled time regardless of actual arrival.

  2. Early return does not entitle the Hirer to a refund unless the Owner recalls the vessel for safety.

  3. Late return will incur $100/hour fee.

  4. No refunds for motion sickness, unexpected weather, or passenger dissatisfaction.

9. Owner Obligations and Liability: Failure to comply with these Terms and Conditions may result in immediate termination of your hire without refund. The Owner agrees to:

  1. Provide a seaworthy vessel with AMSA-required safety equipment

  2. Brief the Hirer clearly on vessel use, safety, and local hazards

  3. Cancel or delay the hire if unsafe conditions exist

  4. Securely store credit card and personal information in line with Australian privacy law
    Limits of Liability: Nothing in this agreement excludes any rights under Australian Consumer Law (ACL). However, the Owner is not liable for:

Personal injuries caused by user error or negligence, Loss or damage to Hirer’s personal belongings, Indirect losses such as lost bookings or time.

10. Disputes & Jurisdiction: This agreement is governed by the laws of Victoria, Australia, Disputes will be heard in Victorian courts. The Hirer consents to this process upon confirming the hire

11. Force Majeure: The  Owner is not responsible for delays, changes, or cancellations due to: Severe weather, Emergency rescue or incidents, Mechanical failure (unless due to Owner negligence),Road closures, government directives, pandemics, or acts of God. In the event of weather cancellations, the Hirer will be offered to rebook at no charge or receive a credit. Refunds are not guaranteed unless cancellation is made by the Owner.

By confirming this hire, the Hirer accepts all terms and conditions outlined above and agrees to take full responsibility for vessel operation during the hire period.