Terms and Conditions

1. General

1.1 Unless otherwise defined in these terms and conditions, all terms used shall have the following definitions;

ON A BOAT: Provides boat rental and boat cruises under these general terms and conditions.

Customer: Each natural person who enters into an agreement with ON A BOAT, or who receives an offer which is governed by these general terms and conditions.

1.2 These general terms and conditions are applicable to all ON A BOAT's customer agreements. 

1.3 The Customer's agreement, without any remarks, is presumed to be in acceptance of these general terms and conditions. 

1.4 Each individual deviation from these Terms and Conditions must be explicitly agreed in writing. Any deviation from these terms and conditions shall apply only to that specific case and to that specific deviation.

1.5 If a situation occurs that is not described in these terms and conditions, this shall be judged in the spirit of these general terms and conditions.

1.6 ON A BOAT may amend these terms and conditions from time to time.

2. General responsibilities

2.1 ON A BOAT provides boat rental and boat cruises. The Customer shall behave in accordance with these general rules and will at all times bear responsibility for all passengers to comply with all general responsibilities. Should the Customer (or a person in the Customer's party) not comply with the general responsibilities, then ON A BOAT is entitled to terminate the agreement with Customer with immediate effect. In such event, there will be no right of restitution for any amount paid.

2.2 General opening hours of ON A BOAT are: Monday to Sunday from 9.30am until Sunset. During these opening hours, Customer can rent a vessel. ON A BOAT reserves the right to change these hours as necessary for daylight hours and seasonality.

2.4 The Customer must be 18 or older to hire and operate the vessel. The customer agrees that a person 18 years or older will be in control of the vessel at all times.

2.5 Skipper-Yourself vessels are suitable for carrying up to 9 people. Should the Customer decide, against the wishes of ON A BOAT to allow more people on the vessel, all subsequent consequences are at risk and expense of the Customer.

2.6 Vessels shall not be operated while under the influence of alcohol and/or drugs. Nominated skipper must remain 0.0% Blood-Alcohol Concentration during the trip. Other guests may consume alcohol, but any antisocial behaviour or intoxication can result in trip being terminated with no refund.

2.7 General responsibilities of the Customer:

Customer shall understand and always abide by safety and operating instructions provided by ON A BOAT.

Customer shall practise 'safety first' mentality, and not take risks.

Customer shall cruise with the operating boundaries as directed by ON A BOAT and not outside these boundaries.

Customer shall not moor the vessel at places at which prohibition signs apply or which may cause damage.

Customer shall respect others on or near the water, ensuring not to cause excessive noise/nuisance, including the dock area.

3. The rental period: beginning, extension, end

3.1 The rental period begins at the arranged time. A Customer who is not present at said time to collect the vessel is not entitled to compensation by adjustment of the rental period to a later time.

3.2 Should Customer wish to extend the rental period during the rental period, they should first contact ON A BOAT by telephone. Should an extension be possible (at sole discretion of ON A BOAT) the regular rate (see website) applies. ON A BOAT will then extend the rental period as requested.

3.3 Should Customer not return the vessel at the stipulated time, all extra time will be charged double. Customer is also responsible for reimbursement of all damages incurred by ON A BOAT as a result of the late return of the vessel.

3.4 Customer will return the vessel clean and tidy state to ON A BOAT at the end of the rental period. Should the vessel be returned in a dirty state, the Customer may have to pay cleaning fees.

3.5 If Customer does not use the full reserved time and returns the vessel early, the Customer is not entitles to a refund or any sort for unused time, unless agreed upon explicitly with ON A BOAT before trip.

3.6 The Customer must return the vessel to the pick-up point of the reservation. If vessel not returned to correct location, additional collection fees will be charged accordingly.

4. Obligations of Customer and ON A BOAT

4.1 At the beginning of the rental period, ON A BOAT shall ensure to provide Customer with access to use of vessel. ON A BOAT will ensure that the vessel is in appropriate condition and required safety features are available. ON A BOAT will ensure all vessels are fit for purpose.

4.2 ON A BOAT will ensure the vessel is properly insured (third-party insurance) for the area in which the ship will be used according to the agreement.

4.3 The Customer shall not transfer vessel to a third party. Customer will remain responsible at all times until the vessel is moored returned to ON A BOAT dock. Should the vessel be moored or left somewhere other than the ON A BOAT dock, the full deposit shall be kept. Any further recovery costs shall also be charged to the Customer.

4.4 Customer will abide by all applicable rules. Should the Customer be unsure of actions or sailing rules, Customer shall contact ON A BOAT. Customer shall have all required faculties necessary for safe sailing.

4.5 Customer will check prior to departure whether all necessary safety equipment is on board. Should this not be in order, the Customer shall request from ON A BOAT before departing.

4.6 Customer will take care of the vessel with due diligence and may only use vessel for intended purpose. Customer may not make any adjustments to vessel. Any repairs shall be performed by ON A BOAT.

4.7 ON A BOAT reserves the right to charge the deposit when Customer brings a vessel back in a dirty state. ON A BOAT reserves the right to charge the deposit when Customer or someone from Customer’s party has conducted themselves in an inappropriate fashion, deemed at sole discretion of ON A BOAT.

4.8 Customer will operate the vessel according to the directions and instructions provided by ON A BOAT. Customer will be liable for all damages resulting from non-compliance with the directions and instructions from ON A BOAT.

4.9 Customer will ensure ON A BOAT is able to contact the Customer on the provided telephone number in the reservation form, unless explicitly agreed upon otherwise.

4.10 At the end of the rental period, Customer will surrender the vessel to ON A BOAT at the agreed place and time. The vessel, including its inventory, shall be retuned in the same state as it was at the beginning of the rental period.

5. Payment and security bond

5.1 When making a reservation, Customer shall pay the agreed rental rate to ON A BOAT. Additional sailing time shall be settled in proportion in which 15 minute time-blocks shall be used. 

5.2 For Skipper-Yourself bookings ON A BOAT shall hold rights to a security bond of $300.

5.3 ON A BOAT is (partly or fully) entitled to the bond in the event of damage or when the Customer does not return the vessel to ON A BOAT at the agreed upon time.

5.4 ON A BOAT is (partly or fully) entitled to the bond in the case Customer (or a person in Customer’s party) does not comply with the general responsibilities (See 2.).

6. Damage and Liability

6.1 In case of damage the Customer shall inform ON A BOAT immediately. Should damage not be reported (immediately) the full security bond shall be charged, regardless of the amount of damage. Should the damage exceed the deposit, any additional amount will be recovered from the Customer.

6.2 Non-fulfillment of these general rules by the Customer can lead to full liability for damages and any subsequent costs.

6.3 In case of recklessness, negligence and/ or the non-fulfillment of any directions of ON A BOAT, the Customer may be held fully responsible for any subsequent damages without ON A BOAT engaging own insurance.

6.4 Customer is liable for damage to the vessel as well as any damages caused to a third party within the rental period as far as these are not covered by ON A BOAT insurance.

6.5 Customer is fully liable for all (subsequent) damage caused should the Customer use the vessel outside the agreed-upon area of sailing.

6.6 Should the vessel not be returned in the same state as it was, ON A BOAT is entitled to have the vessel brought back to that same state at the Customer’s expense, unless said expenses are covered by ON A BOAT’s insurance, in which case Customer is only due to pay the policy excess.

6.7 ON A BOAT cannot be held liable for any personal injury or (subsequent) damage, regardless of the cause of said injury or damage, prior to, during, or resulting from the agreement between ON A BOAT and Customer, unless established that this injury or damage was caused by ON A BOAT through gross negligence. ON A BOAT’s liability is always limited to at most the amount of the rental agreement.

ON A BOAT is not liable for the loss and/or damage to any items brought onto the vessel by Customer.

7. Rescheduling and Cancellation

7.1 A vessel reservation may be rescheduled up until 24 hours before the start of the reservation without reason and at no cost.

7.2 Rescheduling within 24 hours of start of the reservation is not permitted and non-attendance at agreed time shall result in full rental payment. Any rescheduling offered within 24 hours is at sole discretion of ON A BOAT.

7.3 Cancellation of bookings is not permitted. If special circumstances of a non-attended booking require consideration, please contact ON A BOAT and at our discretion we may provide credit for new reservation. No circumstances shall warrant restitution of paid amounts.

7.4 In the event ON A BOAT must cancel your booking due to unsafe weather conditions, the standard cancellation policy shall come into effect and the Customer will be offered a voucher for the full value of the booking to be used for bookings in the future.

8. Jurisdiction and disputes

8.1 Any disputes or complaints should be reported to ON A BOAT in writing.

8.2 All legal relationships between ON A BOAT and the Customer to which these terms and conditions apply shall be governed by the laws of Australia. In the absence of mandatory rules of law to the contrary, the Court of Victoria has exclusive competent jurisdiction.