PACKRAFT HIRE AGREEMENT

Hire or use of any item by the Customer from PacKraft constitutes acceptance of all of the terms of the following agreement and waiver in full.

 

​PACKRAFT HIRE AGREEMENT

​Conditions for Packraft and Equipment Hire:

Our Principles

1. Safe and fun!

Safety first. Fun a close second. That means Personal Floatation Devices (PFD) or life jackets should be worn by all paddlers, and basic boating safety and common sense water safety principles must be followed. Never paddle anywhere you are not comfortable you are able to swim safely to shore from.

2. As the hirer, you are responsible for the packraft during the rental period

We’ve spent a lot of money on our fleet to give you access to quality equipment, however packrafts are lightweight inflatable craft, so we ask that you take care of them. Just like renting a car, any damage during the rental period is your responsibility. You’ll need to provide your driver’s licence and a credit card for security before you are approved for a rental, and you will be responsible for loss or damage caused or return of dirty or damaged Boats or equipment.

3. We want you to have an adventure, but we want you to come home safely afterwards even more.

We’re big believers in safety and that’s why we supply high quality protective and safety gear for you to hire. At the end of the day you are responsible for your own safety and well-being, and ultimately how, where and when you will use the equipment hired. 

Every person intending to hire or use a PacKraft Boat or equipment must read and agree to the following Hire Terms and Conditions and the Participant Waiver before hire and use. 

Hire and use of any PacKraft boat or equipment constitutes the Customer or Operator or any user having read and understood and accepted the Hire Agreement and the Participant Waiver in full and indemnifying PacKraft completely from any loss or damage to any person or property.

 

 

 

PacKraft Hire Terms and Conditions


This document (the ‘Agreement’) records the Hire Terms and Conditions on which you (the ‘Participant’):

1.    agree to hire a packraft and/or equipment from PacKraft; and/or 

2.    participate in the Activities.

PacKraft may in its absolute discretion and without having to show cause: 

1.    refuse to hire any Boat to a Customer;

2.    cancel a booking; 

3.    require the early return of a Boat; or

4.    exclude a Participant where a Participant does not comply with this Agreement. 

PacKraft may at any time vary this Agreement without notice. Once published on the PacKraft website, variations to this Agreement will only apply to Agreements entered into after the variations have occurred.

 

1 Definitions and interpretation


1.1 Unless the context requires otherwise:
Activities means the hire and use of a packraft and any related equipment (i.e personal floatation devices) owned by PacKraft.

Additional Hire Charges means: 

1.    additional fees charged by PacKraft where the Customer exceeds the Hire Period without extending the Hire Period with PacKraft’s prior agreement; and 

2.    fees such as cleaning and repair fees as set out on the Site or within this agreement or advised by PacKraft from time to time.

Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition Consumer Act 2010 (Cth).
Boat or Packraft means the lightweight inflatable boat (packraft) or PWC owned by PacKraft and hired to the Customer in accordance with this Agreement and includes any related equipment (i.e. personal floatation devices) supplied by PacKraft.
Booking Form means a document or electronic form which PacKraft may require the Customer to complete and sign (or accept in a way PacKraft requires including electronically) which includes particulars of the Customer, Participants, Boat, the Hire Period and such other information as PacKraft may require.

Claim means and includes any claim, including but not limited to a notice, demand, debt, account, action, expense, damage, cost, lien, liability, proceeding, litigation (including reasonable legal costs), investigation or judgment of any nature, whether known or unknown.
Commencement means the actual time and date when the Customer takes possession of a Boat.

Competent Person means a person competent in the safe use of the type of Boat hired.
Consumer Guarantee means a consumer guarantee as it applies to supplies made under this Agreement, as set out in under Part 3-2, Division 1 of the Australian Consumer Law.
Customer means the person or company named in the Booking Form, who is also a Participant.
Event of Default means an event of default described in clause 8.1.
PacKraft means the PacKraft business and its owners, employees, agents, volunteers and contractors in any way involved in the organization or conduct of the Activities..
GST has the meaning given in GST Law.
GST Law has the meaning given in A New Tax System (a Goods and Services Tax) Act 1999(Cth).
Hire Bond means the security bond the Customer must pay PacKraft via credit card hold (or other means as agreed with PacKraft) as security for any damage or loss caused to the Boat or any Additional Hire Charges which are not otherwise paid.
Hire Charge means the amounts shown on the Booking Form or indicated during the booking process payable by the Customer to hire a Boat.
Hire Period means the period of booking between the start and end date which the Customer has selected and PacKraft has confirmed during which the Customer may use the Boat. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if PacKraft agrees. PacKraft may issue and require the Customer to sign an amended Booking Form for any extension of or change to, the Hire Period.
Location means the location to which the Boat is delivered to the Customer and where it will be returned from the Customer to PacKraft (as set out in the Booking Form).
Loss means any damage, loss, liability, expense or cost whether direct or indirect, consequential or incidental including legal expenses and other expenses reasonably incurred in connection with investigating or defending any claim or action, whether or not resulting in any liability.
Operator means the person, over 18 years, who is nominated by the Customer on the Booking Form as being the authorised user of the Boat.

Participant means any operator or passenger, regardless of listed or unlisted on the booking form, which uses the Boat or equipment, including the Customer as listed on the Booking Form.
Safety Briefing means the initial instructions or written safety information provided, or verbal briefing which PacKraft may provide to the Customer and all nominated Participants prior to using a Boat in any form, whether electronic, orally, written or otherwise.
Site means PacKraft’s website or application from which bookings can be made, namely www.PacKraft.com.au/

 

 

2 Hire of a Boat


2.1 In consideration of the Customer agreeing to pay the Hire Charge and the Hire Bond, PacKraft agrees to hire a Boat to the Customer at the Location for the Hire Period in accordance with this Agreement.
2.2 PacKraft will provide confirmation to the Customer where it accepts a Customer’s request to hire a Boat. Where a booking request is not confirmed, PacKraft is under no obligation to hire a Boat to the Customer. Whilst the Customer may hire a Boat in person, via phone or email or electronic means PacKraft makes no guarantee or warranty as to the availability of a Boat where a confirmed booking has not been made. Customers shall complete their booking request via the Booking Form on the Site 
2.3 PacKraft will ensure that a Boat is clean and in good working order as at the start of the Hire Period. PacKraft will also supply a paddle per Boat and provide hire Personal Floatation Device or other equipment as requested in the booking form and accepted by PacKraft where availability allows.
2.4 Title in a Boat remains with PacKraft at all times during the Hire Period.
2.5 Risk in a Boat lies with the Customer at all times from Commencement until the end of the Hire Period. Responsibility for the boat remains with the Customer until such time as it is received by PacKraft complete and in good, clean order. Return of hired Boats and equipment must be by trackable delivery service and PacKraft recommends insurance against loss or damage.

 

3 The Customer’s Obligations when Hiring a Boat

3.1 The Customer must:

1.    satisfy itself at the Commencement that a Boat is suitable for its purposes. The Customer must notify PacKraft prior to using the Boat of any apparent damage, defects, hazards or risks identified with the Boat, otherwise it will be deemed that the Boat is in good working order and without damage at Commencement;

2.    correctly complete the Booking Form, including listing the correct number of Participants, nominating an Operator and selecting a Hire Period. If requested the Customer and/or the Operator must provide identification documents and other information reasonably required to confirm the Participant’s identity to PacKraft at the time of hire;

3.    ensure all Operators are 18 years or over;

4.    ensure that all Participants are suitably instructed on the safe and proper use of the Boat ,  (including parents/guardians on behalf of accompanying minors) have signed this Agreement and participated in the Safety Briefing; and safe use of protective equipment

5.    ensure that the combined weight of the Participants (and any possessions, equipment or other items taken on board the Boat) do not exceed the weight capacity of the Boat. PacKraft reserves the right to refuse to hire a Boat where it believes the weight capacity for a Boat will be exceeded;

6.    immediately report and provide full details to PacKraft as soon as any accident or damage occurs in respect of a Boat;

7.    return the Boat at the end of the Hiring Period to PacKraft in a clean state and good working order. In the event a Boat is not returned clean and in good working order and on time, PacKraft will charge and the Customer must pay Additional Hire Charges for all cleaning, repair and general costs incurred by PacKraft; PacKraft can advise on return delivery providers or assist with booking a return delivery on request.

8.    nominate a Operator on the Booking Form who must be 18 years or over, physically capable of operating the Boat and who must not be under the influence of drugs or have alcohol present in his/her system at any time during Operation within the Hire Period in excess of 0.05% blood alcohol content. 

9.    immediately report and provide full details to PacKraft immediately if any accident or damage occurs in respect of a Boat.

3.2.The Customer must NOT:

1.    tamper with, damage or attempt to repair a Boat, other than emergency field repair using the supplied repair material and following the repair instructions provided;

2.    lose or part with possession of a Boat;

3.    rely upon any representation relating to a Boat or its operation other than those contained in this Agreement or provided by PacKraft in writing;

4.    allow any person to operate the Boat if the person: 

1.    is affected by drugs and/or alcohol; or 

2.    under the age of 18; or

5.    exceed the recommended or legal load and capacity limits of the Boat.

 

4 The Participant’s Obligations when Using a Boat

​4.1 Each Participant at all times during the Activities must:

1.    have read, understood and accepted this Agreement and read the Safety Briefing;

2.    take all due care when using the Boat and not cause any loss or damage to the Boat, injury to any person or any loss or damage to any other equipment 

3.    indemnify PacKraft for any losses, damages, claims, injuries, liabilities, costs, charges, or expenses to the Boat, any persons and any third party property caused or contributed to by any Participant;

4.    ensure that they are mentally and physically able to participate in the Activities and can swim sufficiently so as to save their own life in the event of a capsize or falling overboard;

5.    follow the directions of the Operator;

6.    use the Boat safely, strictly in accordance with the laws of the state or territory in which the Boat is hired, only for its intended use, and in accordance with any instructions provided by PacKraft;

7.    behave in a safe and responsible manner and in accordance with the instructions, rules and directions of PacKraft;

8.    wear personal flotation device and appropriate personal protective equipment appropriate for the environment at all times whilst participating in the Activities;

9.    safely secure all items brought onto the Boat or in the possession of any Participant, and indemnify PacKraft in respect of any loss, injury and/or damage caused by items in the possession of any Participant falling from the Boat or sustaining damage (including water damage);

10. acknowledge that any loss or damage (i.e. water damage) to personal property is the sole responsibility of the Participant and PacKraft accepts no liability for any such loss or damage to personal property; any equipment provided by PacKraft such as dry bags are designed to keep property protected from splashes, and not immersion;

11. consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as a medical professional may deem appropriate;

12. be over the age of 18 years of age, if the Participant is the Operator.

​4.2 Each Participant at all times during the Activities must NOT:

1.    board the Boat or participate in the Activities unless the Participant is in good physical condition;

2.    be under the influence of illegal drugs and/ or have consumed excessive alcohol (i.e. more than 0.05% blood alcohol content);

3.    damage the Boat or any third party property;

4.    swim or alight the Boat into the water;

5.    attempt to stand in the Boat;

6.    behave in any manner which is unsafe, dangerous, unnecessarily loud, disruptive or offensive to others to the standard of a reasonable person, contrary to any policies of PacKraft or contrary to any law or policies of the state or territory in which the boat is hired;

7.    use or carry any illegal, prohibited or dangerous substance in or on a Boat; and

5 Fee


5.1 The Customer must prepay the Hire Charge and Hire Bond in full prior to Commencement (or at such other times as agreed in writing by PacKraft for corporate Customers).
5.2 Without limiting the ability of PacKraft to recover all amounts owing to it, the Customer authorises PacKraft to charge any amounts owing by the Customer or those Participants included in its Boat booking (including but not limited to the Additional Hire Charges, Hire Bond and Hire Charge) to any credit card or bank account details of which are provided by the Customer to PacKraft.
5.3 The Customer authorises PacKraft to deduct the Additional Hire Charges from the Hire Bond as well as any amounts exceeding the Hire Bond from the Customer’s nominated credit card or account details as soon as the Customer exceeds the Hire Period. The Customer acknowledges and agrees that the Additional Hire Charges may be significantly higher than the Hire Charges and the Customer accepts these higher rates where the Customer has not extended its Hire Period with the prior agreement of PacKraft in writing.

5.4 The late return fee as at and from 1 November 2020 is $75 per day if the Boat is returned later than the scheduled Hire Period.

5.5 The scheduled Hire Period is not affected by any late departure.

5.6 The Customer agrees to return the packraft and all equipment, dry, cleaned and free of sand, dirt, or organic matter, otherwise a cleaning fee will be charged immediately.

5.7 The cleaning fee as at and from 1 May 2020 is $75 per Boat.
5.8 The Hire Bond will be returned to the Customer (less any amounts deducted for Additional Hire Charges, loss or damage) by way of a refund to the Customer’s credit card or bank account within 5 business days of the Customer having returned the Boat in good order and in accordance with the hire agreement terms and conditions and requirements.
5.9 If for whatever reason a Boat is not returned to PacKraft, the Customer will be charged the current retail price of a Boat as advertised by PacKraft , minus the amount already paid for the hire and bond, and will also pay any associated costs or losses incurred by Packraft including loss of revenue, or will reimburse PacKraft immediately upon the request of PacKraft. 
5.10 The Customer is responsible for: 

1.    loss or damage caused to the Boat or any other equipment supplied by PacKraft; 

2.    all costs incurred in cleaning a Boat; any fines, penalties, levies or charges payable in respect of this Agreement or arising from the Customer’s use of a Boat; 

3.    all costs incurred by PacKraft in recovering possession of a Boat or items lost overboard; 

4.    a late payment fee calculated daily at 3% per month on all amounts owing by the Customer not paid on time; 

5.    and any Additional Hire Charges; 

6.    the cost of items provided by PacKraft and not returned by the Customer; 

7.    any expenses and legal costs incurred by PacKraft in enforcing this Agreement due to the Customers default. 

8. All return delivery costs to have the hired boats and equipment returned in good order and a timely manner to PacKraft immediately at the end of the hire period. Returns must be sent via trackable service and evidence of confirmation of booking must be provided to PacKraft by the agreed return date or late fees may apply.

5.11The Customer must, immediately on demand from PacKraft, pay PacKraft for any Claims, costs, expenses, loss, damage, fees, fines or other monetary amounts incurred or suffered by PacKraft as a result of the Customer’s default under this clause and/or under any other provision of this Agreement.

5.12 PacKraft may increase the Hire Charges at any time, however Hire Charges as at the date of a confirmed booking will not be subjected to increased Hire Charges within the agreed hire dates.

6 Cancellation


6.1 A Customer may only cancel a confirmed booking by providing notice in writing to PacKraft in advance of the Hire Period. 

6.2 Where cancellation is provided more than 2 weeks prior to commencement of Hire Period, a 90% refund of all monies pre-paid by the Customer will be provided. Where cancellation notice is provided between 1 week and 2 weeks prior to the Hire Period, PacKraft will refund 80% of all monies prepaid by the Customer. 

6.3 Where cancellation notice is provided less than 1 week prior to the Hire Period, and the Boat and equipment has not already been dispatched by PacKraft then the Customer will be provided a credit of the full Hire Charge, to use towards future bookings only.

6.4 Where cancellation notice is provided after PacKraft has dispatched the Boat and any equipment to the Customer prior to commencement of the Hire Period, the Customer will be charged for all return delivery costs, a handling and stocking fee of $50 and provided with the remaining amount in credit towards future bookings only, and the Boat and equipment must be returned immediately along with proof of trackable delivery service to avoid Additional Hire Charges.

6.5 In the event that the Customer fails to provide at least 24 hours’ notice, the full amount of the Hire Charges are payable by the Customer to PacKraft. 

6.6 PacKraft reserves the right to change the date or time on which the Boat is provided due to any extenuating circumstances as part of proper management of our booking system, or circumstances out of our control such as delivery service interruptions, delays or emergencies. If PacKraft changes a booking the Customer will be notified 24 hours in advance of the previously allocated Hire Time to rebook.

 

7 Warranties and Liability


7.1 Where Australian Consumer Law applies the Participant has the benefit of guarantees in relation to the hire of a Boat which cannot be excluded.
7.2 To the extent that Australian Consumer Law (or any other law which cannot be excluded) does not apply, PacKraft  makes no representations and gives no warranties other than those set out in this Agreement, and will not be liable to any Participant for any Loss, Claims, damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the use of a Boat or equipment by the Participant.
7.3 Subject to this clause 7, the Participant indemnifies and holds PacKraft harmless to the full extent permitted by law for any Claim, Loss or damage whatsoever arising in connection with the use of a Boat or equipment by the Participant or this Agreement, including any third party Claims.
7.4 in accordance with Australian Consumer Law, PacKraft’s liability for any breach of this Agreement is limited to the supplying of the goods or services to the Customer again, or payment of the Hire Charge to the Customer.

7.5 PacKraft is not liable for any indirect or consequential loss (including loss of profit or opportunity) arising out of the hire of the Boat or equipment and PacKraft’s liability is limited to the extent that a Participant contributed to the loss or damage.

7.6 The Participant will be liable for all costs, including but not limited to payment of the excess on applicable PacKraft insurance policies where the Participant has caused or contributed to loss or damage of a Boat or equipment, third party, or third party property. The Participant will be charged for the full amount of the cost of replacement or repair. 

7.7 Where PacKraft’s loss, damage and costs are covered and paid for entirely by any insurance the Customer’s liability to PacKraft will be limited to the excess related to the claim. For the avoidance of doubt this limitation does not apply where PacKraft’s insurance will not cover the loss, claim or damage or in the event of no insurance, the Customer will be responsible for the entire amount.

7.8 Where external events outside of the control of Packraft impact hire service availability or delivery, Packraft will not be held responsible or liable. Once hire equipment has been packed and booked with a courier service, any responsibility for delays or non-delivery is with the courier company and Packraft has no control over this. We will do our best to ensure items are sent and booked in a timely manner, however form time to time, events, peak periods or disasters may interrupt or delay delivery providers. If deliveries are not made by the courier by the start date of the hire, the limit of liability of Packraft will be the amount paid for the hire, which will be refunded in full or provided as credit if the customer requests an alternative rental period.

 

8 Event of Default and Termination


8.1 An Event of Default will occur where the Customer or any Participant fails to perform or observe any of the obligations contained in this Agreement or fails to pay any charges or fees owed to PacKraft.

8.2 If an Event of Default occurs PacKraft may at its option and in addition to any other rights under this Agreement or at law:

1.    refuse, cancel or terminate a booking (and require the immediate return of the Boat where the Hire Period has commenced);

2.    charge the Customer’s credit card or nominated account for any charges or fees owing to PacKraft;

3.    terminate this Agreement; 

4.    repossess a Boat; and/or

1.    by proceeding by appropriate court action, either at law or in equity, enforce performance of the applicable terms and provisions of this Agreement or recover damages for the breach concerned.

8.3 The Customer indemnifies PacKraft for any Claims, damages, costs or Loss resulting from a breach by the Customer and/or Participants of any provision of this Agreement.

8.4 In the event of damage to or breakdown or failure of the Boat rendering it inoperable, regardless of the reason, no responsibility can be accepted by PacKraft for loss of time and any other damages or expenses incurred as a result hereof. PacKraft shall not be responsible for the consequence of any delay, restriction or cancellation of the Boat hire arising from repairs or damage or other circumstances beyond its control.

 

9 Privacy


9.1 PacKraft will comply with the Australian Privacy Principles in the collection, use and disclosure of personal information relating to Customers.

9.2 PacKraft will not keep or store any customer payment details once all Boats and equipment have been returned, any Additional Fees paid, and Bonds returned or forfeited.

 

10 Competency

10.1 The Customer is solely responsible for determining their use of the Boat and equipment in any environment or conditions, and they will make the final decision regarding their own capability and the suitability of the Boat and equipment for all use. PacKraft does not warrant the suitability of any Boat for any specific location, environment or climatic or weather specific conditions. 

10.2 If a Customer determines they have the appropriate skills, experience and knowledge to operate the Boat on moving or open water, then they take full responsibility for the decision to operate the Boat and maintain their own safety and the safety of other Operators or Participants in such environments or conditions.

10.3 The Customer and Operators acknowledge and understand the inherent risks associated with any paddle recreation and sports, and operating inflatable craft in remote environments and moving or open water. 

10.4 In this clause "competent person" means a person competent in the safe use of the type of Boat hired, including:

1. Knowledge and practical experience of paddling; and


2. Knowledge and practical experience in the handling of inflatable water craft and associated equipment of the general type and size of boat.


3. The Operatorwarrants that he is a competent person in the handling and operations of the type of Boat hired.

4. The Operatorundertakes not to permit any other person to operate the Boat unless that person is a competent person.


10.5In the event that the Customer, Operator or any other person is considered by PacKraft to be an incompetent person as a result of any misleading, deceptive conduct or misrepresentation by the Customer and upon which PacKraft has relied to form an opinion then PacKraft shall have the right to terminate this agreement. 

 

11 General


11.1 This Agreement and the Booking Form constitute the entire understanding between the parties and supersedes all prior agreements, understandings and communications, whether written or oral.
11.2 This Agreement operates as a ‘standing agreement’ and each booking shall constitute a separate contract for supply of a Boat between the parties.
11.3 If any provision of the Agreement is illegal or unenforceable in any relevant jurisdiction, it must be enforced to the maximum extent possible, and if unenforceable may be severed for the purposes of that jurisdiction, without affecting its enforceability in any other jurisdiction or the enforceability of any other part of this Agreement.
11.4 Clauses 1,  5, 6, 7, 8, 9, 10 and any warranties and indemnities survive termination or expiration of this Agreement.
11.5 Any special conditions applicable to a Customer as set out in a Booking Form (where the booking has been confirmed by PacKraft) prevail to the extent of any inconsistency with this Agreement.
11.6 This Agreement is governed by and is to be construed in accordance with the laws applicable in the Location in which the Boat is hired.

11.7 The Boat must not be used for commercial use or gain without the prior written permission from PacKraft.  

 

12 GST

12.1 Any terms in this clause 12 not defined in this Agreement take the same meaning given to them in the GST Law. 

12.2 Any amount in this Agreement, or otherwise arising in relation to the Activities, is exclusive of GST unless expressly stated otherwise. 

12.3 Where an amount payable relates to a taxable supply under the GST Law, the recipient of the supply must pay to the supplier, in addition to the consideration for the supply, any GST paid or payable by the supplier in relation to the supply. 

12.4 Any GST payable under this clause 12 must be paid on the earlier of the same time and date as the consideration is payable in relation to the taxable supply and 7 days after the supplier provides the recipient a tax invoice relating to the supply.

 

 

 

 

Customer Waiver, Indemnity and Risk Warning:

The Customer and any Operator shall indemnify, reimburse and hold PacKraft harmless from and against any acts and all claims, losses, liabilities, demands, suits, judgement or causes or actions and all legal proceedings whether civil or criminal and arising under contract, tort, statute or otherwise, penalties, fines and other sanctions and any other costs and expenses (including legal costs and expenses) in connection with or which may result from, or arise in any manner out of any matter (either directly or indirectly) related to this charter agreement or arise out of the management, control, encumbering use or operation of the Boat by the Customer or Operator as well as participation in any packraft specific course or instruction. No claim of any nature shall
be brought against PacKraft by the Customer, their party or any third party and the Customer agrees that he shall indemnify PacKraft in respect of any amount paid by or claimed against the PacKraft in respect of any such claim. This includes packraft hire or equipment rental, and any instructional activity provided by Packraft.​

For the purpose of sections 53 and 56 of the Wrongs Act (Vic)1958, the Participant acknowledges that the use of the Boat may constitute an ‘obvious risk’. For the purpose of section 139A of the Australian Consumer Law, the Participant acknowledges that the use of the Boat is ‘recreational services’, is dangerous and that there is a risk to the Participants’ health and safety in participating using and hiring the Boat or participating in any packrafting related activity, course or related training. 

The potential risks of hire and use of the Boat or participation in packrafting training or courses include, but are not limited to:

1.    death;

2.    physical or mental injury; and/or

3.    the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to me.

The Participant acknowledges that PacKraft’s liability arising from the hire of the Boat is excluded or reduced in so far as is possible as a result of the acknowledgment of the potential risks associated with the Activities in the preceding clause.

By accepting this Agreement through Hire of the Boat, or participating in any packrafting course or training or activity, the Participant acknowledges, agrees and understands that, to the full extent permitted by law (including by section 56 of the Wrongs Act (Vic)1958 and section 139A of the Australian Consumer Law):

 

1.    the Participant is aware of the risks of using the Boat;

2.    the Participant’s rights to sue PacKraft in relation to the hire and use of the Boat, or training or instruction provided, or if the Boat hire or associated services were not provided in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded or alternatively limited to a refund of the cost of the Hire Charge or course or instruction fee; and

3.    the Participant releases PacKraft from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, in so far as the course, instruction or Boat hire results in the death or injury of the Customer or any Participant, but not including significant personal injury caused by PacKraft’s reckless conduct, or from PacKraft’s failure to properly operate, maintain, replace, prepare or care for the Boat, unless the failure itself is an obvious risk.

 

Additional Fees and Late Return Fee:

The late return fee as at 1 November 2020 is $75 per day per Boat if the Boat is returned later than the agreed day. Confirmation of trackable return delivery is required to evidence return of the Boat and equipment. Any loss of the Boat or equipment during transit back to PacKraft is the responsibility of the Customer, and PacKraft recommends insurance.

The cleaning fee as at 1 November 2020 is $75 per Boat if the Boat is returned unclean, wet, or containing any sand, dirt, foreign or organic matter.

The cleaning or drying fee for any associated equipment as at 1 November 2020 is $5 per item requiring cleaning or drying, including PFD's, bags or any other protective or hired equipment.

 

Additional Fees will be charged immediately by PacKraft and either deducted from the Hire Bond, or where costs exceed the amount of the Bond, from the Customer credit card on file. 

All hire is on the basis that the Customer and Operator have read, understood and accept both the above Agreement and Waiver in full. Hire assumes customers and all operators have read and understood and accept the conditions of the Agreement and Waiver.

For any questions regarding this Agreement or the rental service, please contact PacKraft on sales@packraft.com.au or 0416 190 135