WATERWAY HOUSEBOATS LTD. & WATERWAY HOUSEBOAT CHARTERS LTD. – HOUSEBOAT RENTAL AGREEMENT
NOTICE This is an important agreement which affects your legal rights. Please take the time to read this agreement and its terms carefully to ensure that you understand its terms.
DATE
RENTER
ADDRESS
PHONE (HOME)
PHONE (MOBILE)
# IN PARTY
HOUSEBOAT
HOUSEBOAT OWNERS (LEGAL AND BENEFICIAL)
(the “Owner”)
Start: End:
CHARTER COST
$
PLUS TAXES
DEPOSIT AMOUNT
$
BUY DOWN FEE
$
3. The Renter will be charged an additional $400.00 per hour for each hour or part hour that the Houseboat is overdue for return unless: a. the overdue return results from a mechanical breakdown of the Houseboat which is not caused by or contributed to by the breach of the terms of this Rental Agreement or the deliberate, reckless, or negligent act(s) of the Renter, any member of the Party, or those for whom the Renter is responsible at law; or b. the overdue return results from inclement weather which in the discretion of Waterway would reasonably preclude the Renter from returning the Houseboat on time.
CHARTER PERIOD
CHARTER PERIOD AND COST 2. The period of the rental of the Houseboat shall be as set out beside “Charter Period” above (the “Charter Period”) at the cost set out beside “Charter Cost”.
RENTER’S CONFIRMATIONS 1. The Renter confirms to Waterway Houseboat Charters Ltd. and Waterway Houseboats Ltd. (“Waterway”) that he / she: a. is at least 19 years old (25 years old on the Legacy) and that he or she has provided two pieces of identification to Waterway, one of which being photo identification; (______________________________________________________) b. is to be the principal operator and captain of the Houseboat; c. accepts and assumes the entire responsibility and liability for the safety of all members of the Party renting the Houseboat (the “Party”) and for all actions and omissions of all members of the Party; d. will not permit anyone other than himself or herself and other members of the Party on board the Houseboat and that he or she accepts and assumes all responsibility and liability for the safety of anyone permitted or suffered to be on board the Houseboat and for all actions and omissions of all such persons; e. is not under a disability which might impair or prevent the safe or lawful operation of the Houseboat; f. will not permit anyone to operate the Houseboat who has been convicted for the negligent operation of a motor vessel or for a charge related to the operation of a motor vessel while impaired by an intoxicant within the past five years; and g. is qualified to operate a houseboat – meaning: i. that he or she is familiar with and capable of operating a motor vessel; ii. that he or she is familiar with the rules of navigation applicable to navigable waters; and iii. that he or she has not been prohibited from the operation of a motor vessel.
Provided however, that if the Houseboat is not returned to Waterway at the end of the Charter Period, Waterway may take whatever steps it deems necessary to secure the immediate return of the Houseboat including but not limited to reporting the default to the police, retaining any security deposit paid by the Renter, not extending the protection of insurance to the Renter beyond the Charter Period and charging to the Renter’s credit card any cost or charges arising from such overdue return.
INSPECTION OF HOUSEBOAT 4. The Renter will inspect the Houseboat, its systems, equipment and accessories prior to leaving the Waterway dock to satisfy himself or herself that all systems, equipment and accessories are in good working order and condition. 5. By accepting the Houseboat for rental, the Renter will be deemed to have acknowledged that the Houseboat and all its systems, equipment and accessories have been received in good working order and condition except as otherwise acknowledged in writing by Waterway and that the Houseboat has been received in good mechanical condition.
RENTER’S RESPONSIBILITIES 6. The Renter understands and acknowledges that the Houseboat and the equipment and accessories described in this Rental Agreement or any schedule annexed hereto requires certain proficiency and knowledge in order to ensure safe operation. 7. The Renter further understands and acknowledges that he or she and all members of the Party have been given the opportunity to examine and familiarize themselves with the Houseboat its systems, equipment and accessories, and to read any manuals provided with the Houseboat or this Rental Agreement, in order to ensure the safe and proper operation of the Houseboat and its systems equipment and accessories. 8. The Renter will take all reasonable and proper care of the Houseboat during the Charter Period and will take all such precautions as may be necessary from time to time to ensure the safety of anyone who may be affected by the operation of the Houseboat and to ensure the good and proper condition and function of the Houseboat. 9. The Renter will comply with all laws from time to time in force in relation to the use and operation of the Houseboat.
RULES AND REGULATIONS 10. The Renter acknowledges and agrees that the Rules and Regulations attached hereto shall form part of the agreement between the Renter and Waterway. (X _______________ INITIAL)
OPERATION OF HOUSEBOAT 11.The Renter shall not permit the operation of the Houseboat by any person under the age of 19 years or 25 years on the Legacy, or by any person not qualified to operate a houseboat (as defined at paragraph 1(g) above), or permit its use or operation for commercial purposes, or in any other manner contrary to the provisions of this Rental Agreement, or to any applicable laws, bylaws or regulations or for any unlawful purpose or for hire to other persons.