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

Terms & Conditions

INTRODUCTION 

  • 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 throughout and after your hire.  Additionally, anyone you invite onboard Wow Factor will also be bound by these terms, and you personally guarantee their adherence.  
  • The houseboat you are hiring is named Wow Factor and has the Unique ID Number 28733.  Wow Factor is a high-end houseboat. 
  • To offer this high-quality experience, we need your cooperation throughout your hiring.
  • We reserve our right to amend these terms and conditions, and the terms at your departure shall prevail. We reserve the right to update these terms and conditions; the terms at the time of the commencement of your hire shall apply. We will assume that you accept amendments to our terms unless you tell us otherwise.
  • These terms or other negotiated terms (that must be suggested with at least 7 days’ notice to us) must be signed and agreed to prior to the Wow Factor being hired.

TRAVEL INSURANCE 

  • We strongly recommend that all guests take out a travel insurance policy that covers them for any loss related to their use of Wow Factor and/or any requirement to cancel their booking with us.
  • All guests that book with us should hold an insurance policy that covers them for any amounts paid to us or required to be paid to us for any other natural event (i.e., the high or low water level in the River) that may occur that is outside of our control.

BEFORE DEPARTURE  

  • You can embark on Wow Factor at 3 PM (ACDT) on the day of departure.  We recommend the primary guests (who will be primarily responsible for the navigation and safe use of Wow Factor, and all mooring/reversing activities) (responsible/assigned to attend the pre-onboarding / or show out) to arrive no later than 3 PM.  We allow a 15-minute grace period beginning at 3 PM; however, any time after 3:15 PM, the Wow Houseboats team will charge the hirer $100 per hour.  
  • Expedited cleaning of the previous booking is available for a fee to allow onboarding prior to 3 PM. Please enquire if you wish to use this service.
  • Before you set off, we will provide you with a comprehensive tour of Wow Factor, including 
    • Safety features; 
    • Use of safety equipment; 
    • Operations; and
    • Basic maintenance. 
  • 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: 
    • Cancel the hire agreement; or
    • Convert the hire to a static hire whereby you will not be able to drive Wow Factor. 
  • If we exercise our rights in clause 3.4, we will provide you with a justification of are under no obligation to justify our reasons to you.  We take our safety obligations and duty of care for you (and other River users) very seriously. 
  • We will complete an inspection and prepare a report with you on 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 a this is the record of Wow Factor when you departed.
  • There is a complete list of our property at the Captain Helm that we recommend that you undertake an audit of all the items before your departure. You agree that all items listed are present onboard Wow Factor unless you bring the missing item(s) to our attention within four (4) hours of commencing your hire.

SAFELY OPERATING WOW FACTOR

  • Wow Factor must always be driven from the downstairs wheelhouse.  Wow Factor cannot be safely operated from the upstairs wheelhouse, which has been decommissioned.
  • Wow Factor must not be driven when the visibility is low (i.e., if you cannot see the full width of the River from riverbank to riverbank, it is raining), foggy, misty, or there is smoke haze or glare.
  • A kayak/stand-up paddleboard must not be towed behind Wow Factor; any kayak/stand-up paddleboard must be securely tied to the side rail or on the wooden swim deck (not the inflatable swim deck) whilst the boat is in motion.

LICENCE AND REGULATIONS

  • You must be twenty-one (21) years old and hold a valid full car licence issued by an Australian State or Territory to drive the Wow Factor and carry your licence with you when driving.  If you have an international licence, please notify us, and we will verify if you can drive the Wow Factor.
  • If you are unlicensed, you must not drive Wow Factor, and if no appropriately licenced person is present at boarding, you will be converted to a static hire.
  • You consent to us taking a copy or image of your licence for our records, administration, and recovery actions. You must bring your driver’s licence with you to use Wow Factor.
  • You acknowledge and agree to follow all laws, regulations, and rules.

ALCOHOL AND DRUGS

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

BOND 

  • We require a bond in the sum of $2,500 to hire Wow Factor.  The Bond conditions are set out in the bond authorisation form, signed separately.  You authorise us to deduct from the bond for any reason contained in these Terms or on the authorisation form.
  • Payment of the bond is required at least one week before boarding via direct deposit using the provided details.
  • Your bond payment will be applied to our expenses in offering you the hire of Wow Factor, including 
    • Fuel usage (petrol and diesel); 
    • Gas usage from $15 per day; 
    • Ice purchase(s); 
    • Kayak hire; 
    • Car and trailer parking;
    • Day trips taken by you; 
    • Financial penalties authorised under these terms; 
    • Damages to our property or that of a third party; 
    • To replace any item removed from Wow Factor;
    • Excessive cleaning charges; and,
    • Any expenses pursuant to clause 15. 
  • If you have a surplus after deductions for the bond, we will refund the difference to you once you provided your bank details within ten business days via direct deposit. The exception will be, we will hold your bond pending finalisation of the repair work. 
  • If the bond amount is insufficient to meet your expenses incurred, we will issue you a Tax Invoice on 7-day payment terms.  Time is of the essence in paying this invoice, and you authorise us to undertake collection activities, including reporting to a credit agency, if it remains unpaid after 14 days.  
  • There is to be no set-off or counterclaim in paying monies to us. 
  • At our discretion, we reserve the right to charge a double bond when Wow Factor is hired to
    • A single-sex group; or 
    • Some or all the occupants are between the ages of 18 and 25.

WOW FACTOR AT NIGHT AND PROHIBITED ACTIVITIES

  • Under no circumstances can Wow Factor be driven after sunset and/or before sunrise.  Doing so is an offence and places you, other River users, and our business at extreme risk.  In an emergency situation, please dial Triple Zero (000). 
    • The engines should not be in operation after sunset or before sunrise; 
    • Wow Factor is to be securely moored along the riverbank and the engines are turned off during the hours between sunrise and sunset; and
    • Wow Factor has a tracking system to ensure that it is not used during prohibited hours.
  • The following activities are strictly prohibited:
    • Take the Wow Factor out of the main watercourse of the River;
    • Tow an occupied craft with Wow Factor;
    • Interfere with any of Wow Factor’s equipment and/or systems;
    • Remove any fixtures, fittings or furnishings;
    • Carry out any activity that exposes Wow Factor to damage, soil or otherwise places Wow Factor in jeopardy;
    • Bring any dangerous, noxious, corrosive, toxic or poisonous substance onboard Wow Factor;
    • Climb onto the roof of Wow Factor;
    • Climb through a window of Wow Factor;
    • Jump from Wow Factor into the River (we provide a ladder for safe access from the swim deck for use while Wow Factor is stationary and the motors are off);
    • Cross any perimeter barriers;
    • Leaving any hatch open when not in use;
    • Be on any swim deck (wooden or inflatable) or in the River with the motors running, including at idle; or
    • Otherwise, carrying out any action prohibited by:
      • Signage;
      • Instruction;
      • These Terms; or

SAFETY EQUIPMENT  

  • We want you to be safe at all times onboard Wow Factor.  Therefore, Wow Factor comes equipped with emergency 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 any of this equipment is illegal unless it is an emergency.  You will be provided with a demonstration before departure on how to use the emergency lifejackets and must sign the acknowledgement below before departure.  
  • If an infant under 15 kg is onboard Wow Factor, the parent or carer is responsible for providing an appropriate emergency lifejacket for the infant.  It is a requirement before setting off that every passenger has a suitable emergency lifejacket onboard Wow Factor.  
  • The safety equipment is only to be used in an emergency, and is not to be removed from Wow Factor,  you must notify us if you use it for us to replace or ensure its usability for the next guest.
  • Improper use of the safety equipment will be charged. 
  • You acknowledge and agree that using safety equipment outside of a genuine emergency is illegal. 
  • Please review the user manual for all onboard safety equipment before setting off, and ask us any questions you may have.

ELECTRICAL EQUIPMENT  

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

MAXIMUM PASSENGERS

  • No more than twelve (12) passengers are permitted on the Wow Factor at any time.  Passengers under one (1) year of age are exempt from this requirement.  If you exceed more than twelve passengers over the age of one year, your booking shall be cancelled, and no refund shall be provided to you.
  • Having more than twelve (12) passengers over one (1) year old on Wow Factor places us at significant legal risk.  In the event that you breach this term, you shall: 
    • Immediately disembark Wow Factor; 
    • Forfeit any monies paid to us, and
    • Immediately pay us your excess amount considering the risk you have placed us in.

SMOKING

  • Smoking is strictly prohibited onboard to ensure a high-quality experience for the next guest and protect Wow Factor from the risk of fire. 
  • If Wow Factor smells of smoke upon its return, you will be liable for loss of hire while Wow Factor is cleaned and for our cleaning expenses.

DAMAGE TO WOW FACTOR

  • You are liable for any damage caused to the Wow Factor during the hire period.
  • You agree to immediately pay us up to the bond amount and make good on any shortfall within seven (7) days of the damage being sustained to Wow Factor. 
  • 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.  
  • You will be required to provide us with $5,000 in cleared funds by way of freezing against a credit card or debit card (which must have an available balance) to satisfy this requirement should it be required. Refusing to comply with this requirement will result in your booking being cancelled, without a refund.
  • 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.
  • You may choose a non-refundable insurance waiver payment of $100 per day, which can be made in advance or on the day of boarding, and which will reduce the insurance excess applicable in the event of damage to the vessel to $2,500.
  • For the avoidance of doubt, if our insurer does not indemnify us, you are still responsible in full for any shortfall. 
  • Without limiting our rights to lodge a claim on our insurance, you shall be responsible for the total loss sustained by third parties and us without insurance cover in the event that:
    • Wow Factor or a third party suffers damage while being driven by a person under the influence of alcohol or illicit drugs; 
    • Wow Factor suffers damage after becoming beached; and/or
    • Wow Factor suffers damage after being moored against a Jetty, Pier or Pontoon other than for refuelling.

INDEMNIFICATION 

  • You are liable for any damage caused to the river and third parties, including property damage, personal injury, and death.  If our insurance indemnifies us, we will cover you to the extent of that indemnification, excluding any excesses payable by us, which you will pay in full.   
  • In the event that our insurance covers the claim, you will provide us (or our insurer) with the ability to defend any claim, including but not limited to the use of your name in proceedings.  

EXPENSES

  • Our quoted price includes the per day hire amount only. Additional charges apply as follows and will be deducted from your bond: 
    • Petrol and diesel (at the amount that it costs us to refuel the Wow Factor) Wow Factor uses petrol to run the engines and diesel to run the generator);
    • A marina service fee of $60 for refuelling, pump out of sewage and water refill;
    • A water fee of $6 for refilling of water; 
    • A gas service fee of $15 per day;
    • Undercover Car/trailer parking space fee at the rate of $10 per day per space (up to 4 are available);
    • Dog fee of $50 per dog per day (excluding service animals);
    • Any costs incurred by us, including those set out in the Bond section of this agreement;
    • $100 for  BBQ cleaning (if it is not clean on return); 
    • $250 per hour professional fee (if we are available) or the cost that we are charged by a third party (if we are unavailable)  if Wow Factor needs to be unbeached (including for travel) a ski boat has to be used for this and is expensive;
    • Any expense that we are charged that is not listed here, at our cost price (we note that we get charged for telephone support calls and cover these fees for emergency situations, maintenance problems or operation of Wow Factor where support information is not available by QR code supplied on Wow Factor; however, pass them on for non-emergency situations);    
    • Any damage to Wow Factor; 
    • For cleaning of Wow Factor in the event that excessive cleaning is required; and
    • For any item that you remove from Wow Factor be it intentionally or by mistake.

PROHIBITED ITEMS 

  • The following items are strictly prohibited and not to be carried onboard Wow Factor under any circumstances: 
    • Chainsaws; 
    • Axes; 
    • Firearms; 
    • Ammunition; 
    • Any unlawful item;
    • Flammable items;
    • Candles or naked flames;
    • Dangerous, noxious, corrosive, toxic or poisonous substance;
    • Fuel outside the approved tanks of Wow Factor (carrying this is illegal); and 
    • Trail bikes. 
  • We reserve the right to refuse to board or order the immediate removal of any item.

ANIMALS 

  • Without prior written consent, only assistance animals are permitted onboard Wow Factor. 
  • The Wow Factor is dog-friendly (subject to our prior approval and payment of the ‘Dog fee’) 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 including all the supplies listed in our Houseboating with Dogs brochure.
  • You will be responsible for any damage done to the Wow Factor by your animal or any animal you allow onboard.

DAMAGE TO YOU OR YOUR PROPERTY 

  • To the maximum extent permitted by law, In the event that you suffer loss, injury or death, you indemnify us and will not bring any claim against us.
  • You understand that no person shall cross any railing, climb on the roof, or be on the rear swim deck (wooden or inflatable) while Wow Factor is in motion.

CONTACTING US

  • You must immediately contact us using Wow Houseboats at 0418 849 877 / Wow Houseboats Maintenance and Show Out (Jordy) at 0438 391 266 in the following events: 
    • Wow Factor becomes beached; 
    • Wow Factor suffers any damage; or 
    • You, or a third party, suffer loss or injury that may result in a claim against us or our insurer. 
  • Wow Houseboats provides Instruction Manuals for guests to use.  With this in mind, please do not call the emergency number for issues relating to:
    • Troubleshooting TV and DVDs, including reception;
    • The Google Chromecast;
    • Bluetooth connectivity;
    • Mobile Phone Reception;
    • General technology issues; and 
    • We note that we get charged for support calls and we pass on our charges as specified in clause 15.
  • We are not in the position to provide assistance with the information technology equipment onboard (such as screens, Mac Mini, StarLink and  MFC printer). If you require assistance with this, we may be able to arrange for our IT contractor to assist you, at your cost.

DISEMBARKING 

  • On your last day, Wow Factor must be returned to the Riverglen Marina prior to 10 AM (ACDT) and all your belongings and you must be off the Wow Factor by this time. 
  • Wow Factor must be returned in a tidy and clean condition as at the start of the hire. 
  • If Wow Factor is not returned on time, it can interfere with the next guest’s booking by causing delays in flipping Wow Factor for the next guest. This can have serious impacts on the next guest such as prohibiting them from leaving Riverglen Marina after their show out to start their holiday. We will pass all fees and losses onto you associated with your late disembarkation of Wow Factor.

CONVERSION TO STATIC HIRE 

  • 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 Wow Factor; 
    • Weather conditions are unfavourable; 
    • Wow Factor has suffered damage; or 
    • Any other reason whatsoever for the safe and commercial operation of our service. 
  • We are not obliged to compensate you for the loss of time due to unforeseen mechanical problems during your hire.

MAJOR BREACHES

  • You grant us the right to cease your hire, retain your full bond, and charge you the total excess of $5,000 in the following event: 
    • You allow more than 12 passengers onboard Wow Factor at any one time; 
    • You allow an unlicenced person to drive Wow Factor;
    • You drive, or someone drives Wow Factor before sunrise or after sunset; 
    • You drive Wow Factor/machinery/water accessories under the influence of alcohol or illegal drugs; and
    • You operate Wow Factor downstream of the Wellington Ferry.  
  • Clause 22.1 is not designed to be excessive for you but rather to reflect the risk to our business of guests undertaking the above conduct. The cost set out above is to legitimately compensate us for handling the regulatory risk, including legal fees and the time associated if such events occur.
  • You acknowledge that the risk to us can also include loss of reputation with our regulators and future guests.

RIGHT TO CEASE THE HIRE

  • We may cease hiring Wow Factor to you at any time, with our liability limited to the daily hire costs. We will attempt to make alternative arrangements with you; however, cannot guarantee that these will be available
  • You grant us the right to immediately cease your hire without a refund in the following events: 
    • You damage Wow Factor, making occupancy unsafe or a need for repair before the next guest;
    • You allow more than 12 guests or attempt to bring more than 12 guests onto the Wow Factor; 
    • You drive Wow Factor at night;  
    • You drive Wow Factor downstream of the Wellington Ferry; 
    • You moor Wow Factor against a jetty, pier or pontoon (as this is likely to cause damage); or 
    • You break any of our directions in relation to the safe operation of Wow Factor.

CONSENT TO TRACK 

  • The Wow Factor is fitted with a GPS tracking device.  You acknowledge and agree to this device operating throughout your hire period and may be used by us to take action against you or defend against any claim involving you and/or us.

FOLLOW DIRECTIONS 

  • You agree to follow directions from us, the River authorities, or other authorised persons.

GENERAL PROVISION

  • The terms are governed by the laws of South Australia. 
  • Any term found unenforceable is to be severed from this agreement, with the remaining provisions still in full force.