19th Ave New York, NY 95822, USA
Conditions, Costs & Cancellations

T&C's

Introduction

1.1 Thank you for choosing Wow Houseboats Pty Ltd ACN 648 898 739 (we/us) for your Murray River (River) houseboat hire experience. Your hire is subject to the Terms and Conditions set out here and as such you agree to be bound by these Terms and Conditions. Additionally, anyone that you invite onboard Wow Factor will be bound by these terms. 

1.2 The houseboat you are hiring for Wow Factor Unique ID Number 28733 is a high-end houseboat. For us to be able to offer this high-quality experience, we need your cooperation.

Before Departure

2.1 You can embark on Wow Factor from 3 pm (ACDT) on the day of departure. Before you set off, we will provide you with a comprehensive tour of Wow Factor including:
a. safety features;
b. operation;
c. basic maintenance.

2.2 We will test your knowledge as to Wow Factor’s operation and if in our absolute discretion we believe that you cannot safely operate Wow Factor, including in an emergency situation we will either:
a. Cancel the hire agreement; or
b. Convert the hire to a static hire whereby you will not be able to drive Wow Factor.

2.3 If we exercise our rights set out in clause 2.2, we are under no obligation to justify our reasons to you. We take our duty of care for you (and other River users) very seriously.

2.4 We will complete an inspection and prepare a report with you as to the condition of the Wow Factor. If you see anything broken, dirty or otherwise not to a high standard, you must let us know before you depart as you will be liable for damage that is not noted on the report.

Safely Operating Wow Factor

3.1 Wow Factor must always have a driver in the downstairs wheelhouse when in operation. The upstairs helm does not have the ability to control thrust. The upstairs helm is decommissioned until Wow Factor is booked onto a slip to repair the damage caused from the protected species river rat for the upstairs helm throttle controls from chewing steel cables at river level.

3.2 When the upstairs helm is recommissioned no one should be using the upstairs helm if the skipper or driver of the houseboat is steering from downstairs and vice versa.

Licence

4.1 You are required to be twenty-one (21) years old and hold a full car licence. If you hold an international licence, please notify us to verify compliance with the Act.

Alcohol and Drugs

5.1 At all times during the hire, the driver must be in a condition that is fit to operate Wow Factor. This includes being under the prescribed alcohol limit of 0.05 and free from all illicit drugs.

Bond

6.1 We require a bond to hire Wow Factor. The bond amount of $2,500 shall be utilised for $1,350 fuel, $20 gas per day (for a 7-day booking, please allow $140); the remaining balance shall be for any breakages and/or damages not included in your $5,000 excess. The bond amount is set out in the bond authorisation form signed separately. You authorise us to deduct from the bond for any reason contained on the authorisation form.

6.2 Payment is required either on the day of boarding by cash payment only option or it can be paid by direct deposit 1 week prior to boarding by direct deposit. Details for the Direct Deposit option will be provided to you during email correspondence.

6.3 Your security bond account payment is applied to your fuel, ice, and kayak use throughout the rental period, and it is removed from this payment if the boat is returned in excellent working order and condition. Within 10 working days following the day of disembarkation, you will get an invoice detailing your expenses. Your invoice will be either a credit or a debit; if it is a credit, the amount will be reimbursed to you through check or direct deposit (details must be provided on the day of boarding for the direct deposit option). If you have paid more than the security bond and the account is in debit, you must make a payment to this account within 7 days of receiving it.

6.4 Single-sex groups or where some or all of the occupants on the boat are under the age of 25 will have a double bond payable.

Wow Factor at Night

7.1 Under no circumstances can Wow Factor be driven at night. In an emergency situation, please dial Triple Zero (000).

Safety Equipment

8.1 We want you to be safe at all times onboard Wow Factor. Therefore, Wow Factor comes equipped with safety equipment. There are 12 adult-size emergency lifejackets, 8 child/junior size emergency lifejackets (15-25 kgs, 25-40 kgs respectively) and one emergency lifebuoy. It is illegal to use these unless it is an emergency. We make no guarantee that the lifejackets onboard are appropriate for your needs and suggest you bring your own to ensure they are appropriate. 

8.2 If an infant under 15 kgs is on Wow Factor, the parent is responsible for providing an appropriate lifejacket. It is a requirement before setting off that every passenger has an appropriate lifejacket.  

8.3 The safety equipment is only to be used in an emergency, is not to be removed from Wow Factor and you must notify us if you use it for us to replace or ensure its usability for the next guest.

8.4 Improper use of the safety equipment will be charged. 

8.5 It is illegal to use safety equipment outside of a genuine emergency. 

8.6 Please review the user manual for all onboard safety equipment before setting off and ask us any questions you may have.

Electrical Equipment

9.1 Due to the risk of fire, we restrict electrical devices that are permitted onboard Wow Factor. If you wish to bring your own electronic items, please provide us with advanced notice to avoid disappointment. 

Maximum Passengers

10.1 No more than twelve (12) passengers may be on Wow Factor at any time. Passengers under one (1) year old are exempt from this requirement. If you exceed more than 12, your booking shall be automatically cancelled and no refund shall be provided.

Smoking

11.1 To ensure a high-quality experience for the next guest and protect Wow Factor from the risk of fire, smoking is strictly prohibited onboard. 

11.2 If Wow Factor smells of smoke upon its return, you will be liable to loss of hire while Wow Factor is cleaned and the cleaning expenses.

Damage to Wow Factor

12.1 You are liable for any damage caused to Wow Factor during the hire period.

12.2 You agree to immediately pay us up to the bond amount and make good any shortfall within 7 days of the damage being sustained to Wow Factor.

12.3 We hold insurance on Wow Factor with an excess of $5,000. If the damage to Wow Factor is in excess of $5,000 you agree to pay this insurance excess or the actual damage if our insurance does not cover our loss, whichever is greater.

12.4 For the avoidance of doubt, the person who enters into this agreement is liable for our loss and if more than one jointly and severely.

Indemnification

13.1 You are liable for any damage caused to the river and third parties, including for property damage and personal injury. If our insurance indemnifies us, we will cover you to the extent of that indemnification excluding any excesses payable by us which will be paid in full by you.   

13.2 In the event that our insurance covers the claim, you will provide us (or our insurer) the ability to defend any claim including but not limited to by use of your name in proceedings.

Expenses

14.1 You agree to pay: 

  • The hire costs; 
  • The cost of all fuel at the rate it costs us; 
  • Any damage pursuant to the terms of this agreement and pre-authorisation form; and 
  • For cleaning of Wow Factor in the event that excessive cleaning is required. For instance, for the BBQ, an additional fee of $100 shall be charged.

Prohibited Items

15.1 The following items are strictly prohibited and are not to be carried onboard Wow Factor under any circumstances: 

  • Chainsaws; 
  • Axes; 
  • Firearms; 
  • Ammunition; 
  • Flammable items;
  • Fuel outside the approved tanks of Wow Factor (carrying this is illegal); and 
  • Trail bikes. 

15.2 We reserve the right to refuse boarding or order the immediate removal of any item. 

Animals

16.1 Without prior written consent, only assistance animals are permitted onboard Wow Factor.

16.2 Wow Factor is dog friendly and providing you tell us your breed of dog and that it is toilet trained, we will usually approve it. You must bring all your dog supplies.

16.3 You will be responsible for any damage done by your animal or any animal you allow onboard.

Damage to your property

17.1 In the event that you suffer loss or injury, you indemnify us and will not bring any claim against us.

Contacting us

18.1 You must immediately contact us using Wow Houseboats at +61 418 849 877 / Wow Houseboats Maintenance and Show Out (Jordy) +61 438 391 266 in the following events: 

  • Wow Factor becomes beached; 
  • Wow Factor suffers any damage; or 
  • You or a third party suffers loss or injury that may result in a claim against us or our insurer. 

18.2  Wow Houseboats provides Instruction Manuals for guests to use. With this, we won’t entertain any calls in such events like:

  • Troubleshooting TV and DVDs, including reception
  • Google Chromecast
  • Bluetooth connectivity
  • Mobile Phone Reception

18.3 Emergency call-outs are $250 an hour. Subject to change depending on the occasion, such as public holiday and depending on what time of the day.

Disembarking

19.1 On your last day, Wow Factor must be returned to Riverglen by 10 am (ACDT). All your belongings and you must be off Wow Factor before this time. 

19.2 Wow Factor must be returned in a tidy and clean condition as it was at the start of the hire.

Conversion to Static Hire

20.1 We reserve the right to convert any hire to a static hire for any of the following reasons: 

  • In our sole opinion, you are not appropriately skilled after instruction to operate the houseboat; 
  • Weather conditions are unfavourable; 
  • Wow Factor has suffered damage; or 
  • Any other reason whatsoever for the safe operation of our service.

Right to Cease the Hire

21.1 At any time, we may cease hiring Wow Factor to you with our liability limited to the daily hire costs.

Follow Directions

22.1 You agree to follow any direction from us, river authorities or other authorised persons.

General Provision

23.1 The terms are governed by the laws of South Australia. 

23.2 Any term that is found to be unenforceable is to be severed from this agreement with the remaining provisions still in full force.

BOOKING TERMS & CONDITIONS

Introduction

1.1 Thank you for choosing to book with Wow Houseboats Pty Ltd ACN 648 898 739 (we/us) for your Murray River (River) houseboat hire experience. Your booking is bound by these terms and conditions.   

1.2 We recommend that you read and agree to the hire Terms and Conditions (Hire Terms) available here. Your hire will be conditional on you signing these Hire Terms. The Hire Terms form part of this agreement.   

Our Products

2.1 We offer all the products listed on our website. However, we pride ourselves on offering you a tailored experience.

2.2 All products (listed or otherwise) are subject to change without notice. 

2.3 All products are subject to availability. 

Costs

3.1 Our quoted price includes the per day hire amount only, additional charges apply for:

  • Fuel;
  • Gas;
  • Activities;
  • Damage to our or other parties property;
  • Excess cleaning to Wow Factor; and
  • Payment of our bond.

Deposit

4.1 A quarter (25%) of the total hire cost must be paid within 3 days to confirm your tentative booking held for you, failing to make this payment may result in Wow Factor being booked to another party. 

4.2 One half (50%) of the total hire cost must be paid within 3 days to confirm your tentative booking held for you, failing to make this payment may result in Wow Factor being booked to another party. 

  • Any public and School Holidays.

Payment

5.1 Full payment must be made at least 8 weeks before the commencement of your hire. If you book less than 8 weeks before the commencement of your hire then full payment must be made within 5 business days of making your booking or before the commencement of your hire whichever is earlier.

Cancellations

6.1 Up to 8 weeks before the commencement date of your hire, we offer a full refund less a $100 cancellation fee.

6.2 Less than 8 weeks before the commencement date of your hire, we only offer a refund if: 

  • You pay a $100 cancellation fee; 
  • We are successful in hiring the houseboat for the full duration of your original hire; and
  • The hire is for equal or higher cost than your original booking.

6.3 We will undertake our best efforts to rehire the houseboat for at least your original hire cost and duration. In the event that we are only able to hire the houseboat for a partial amount of your hire period or amount, we will: 

  • Provide you with 24 hours to object to us doing so. If you object, you must immediately make full payment for the hire cost; 
  • Hire our houseboat for the reduced amount; and
  • Payout to you a partial refund based on what we are able to recover for your original hire period less the $100 cancellation fee.

COVID-19 Cancellation

7.1 If you are unable to travel, are required to isolate or otherwise are unable to utilise your booking due to COVID-19, on the production of evidence, which we may at our full discretion request, we will issue you a credit note for the dollar value paid by you to book. The note is valid for 24 months and can be used to book with Wow Houseboats providing you cover the difference in booking costs.

General Provision

8.1 The terms are governed by the laws of South Australia. 

8.2 Any term that is found to be unenforceable is to be severed from this agreement with the remaining provisions still in full force.

Updated 17 January 2022