- 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.
- For us to be able to offer this high-quality experience, we need your cooperation throughout your hire.
- We reserve our right to amend these terms from time to time and the terms at the time of your departure shall prevail.
- 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
- 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 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.
- We will complete an inspection and prepare a report with you as to the condition of 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.
- We will provide you with a full inventory of our property prior to your departure, and you agree that all items listed are present onboard Wow Factor unless you bring the missing item(s) to our attention within four 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.
LICENCE AND REGULATIONS
- You are required to be twenty-one (21) years old and hold a full car licence issued by an Australian State or Territory to drive the Wow Factor. If you hold an international licence, please notify us and we will verify if you can drive the Wow Factor.
- If you are unlicensed, you will not be able to 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 acknowledge and agree to follow all laws, regulations, and rules.
ALCOHOL AND DRUGS
- At all times 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.
- 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 prior to boarding via direct deposit using the provided details; or
- In cash, on the day of departure.
- 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 $10 per day;
- Ice purchase(s);
- Kayak hire;
- 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; and
- Cleaning charges.
- If, after deductions for the bond, you have a surplus, we will refund you the difference within 10 business days by direct deposit.
- 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
- A group where some or all the occupants are between the age of 18 and 25.
WOW FACTOR AT NIGHT AND PROHIBITED ACTIVITIES
- Under no circumstances can Wow Factor be driven at night. 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 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 permitter barriers;
- Be on the swim deck or in the river with the motors running, including at idle; or
- Otherwise carrying out any action prohibited by:
- These Terms; or
- Show Out document.
- We want you to be safe at all times onboard Wow Factor. Therefore, the 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 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 prior to departure.
- If an infant under 15 kgs is onboard 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 onboard.
- 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.
- Improper use of the safety equipment will be charged.
- You acknowledge and agree that it is illegal to use safety equipment outside of a genuine emergency.
- Please review the user manual for all onboard safety equipment before setting off and ask us any questions you may have. I acknowledge and agree that I have been shown all the emergency equipment, have sufficient equipment onboard, and am proficient in its use. Signed ………………………………………………………
- Due to the risk of fire, we restrict the 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.
- 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 in consideration of the risk you have placed us in.
- To ensure a high-quality experience for the next guest and protect Wow Factor from the risk of fire, smoking is strictly prohibited onboard.
- If Wow Factor smells of smoke upon its return, you will be liable for loss of hire while Wow Factor is cleaned and for the cleaning expenses incurred by us.
DAMAGE TO WOW FACTOR
- You are liable for any damage caused to the Wow Factor during the hire period. I acknowledge and agree that I am responsible for any damage to Wow Factor. Signed …………………………………………………………………………..
- You agree to immediately pay us up to the bond amount and make good on any shortfall within 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. I acknowledge that I must make up any shortfall to the bond amount, must cover the full cost of any repairs, and if Wow Factor’s insurance covers me, I must pay the excess. Signed …………………………………………………………..
- 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 full loss sustained by us and third parties 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.
I understand that I am responsible for the full costs of repairs in the above events. Signed …………………………………………………………..
- 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 will be paid in full by you.
- 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. I acknowledge that I am responsible to all damage to other property. Signed …………………………………………………………..
- You agree to pay:
- The hire costs;
- The cost of all fuel at the rate it costs us;
- The cost of gas based on what Riverglen Marina charges;
- Any costs incurred by us, including those set out in the Bond section of this agreement;
- A $50 admin fee to arrange for the repairs shall apply, plus additional fees may be incurred should travel to provide access be required;
- The sum of $100 if the BBQ is not clean on return;
- The sum of $250 per hour if the Wow Factor needs to be unbeached, as the costs incurred include travel time and ski boat use;
- The sum of $250 for telephone calls to the emergency number for matters that are not in relation to the safe operation of Wow Factor;
- Any damage pursuant to the terms of this agreement and pre-authorisation form; and
- For cleaning of the Wow Factor in the event that excessive cleaning is required.
- The following items are strictly prohibited and not to be carried onboard Wow Factor under any circumstances:
- Flammable items;
- 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 boarding or order the immediate removal of any item.
- Without prior written consent, only assistance animals are permitted onboard Wow Factor.
- The 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.
- 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 swim deck while Wow Factor is in motion.
- 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;
- Unnecessary calls made to the emergency numbers outside of an emergency situation will be charged at the rate of $180 per hour.
- On your last day, Wow Factor must be returned to Riverglen by 10 am (ACDT). All your belongings and you must be off the Wow Factor before this time.
- The Wow Factor must be returned in as tidy and clean condition as it was at the start of the hire.
- If Wow Factor is not returned on time, it can interfere with the next guest’s booking, including the fact that they cannot leave the marina after their show out to start their holiday. We will need to compensate them with 25% of the daily rate for their stay in the marina overnight, which will come from the guest who returned the boat late. In addition, we need to compensate the Wow Houseboats staff at $250 per hour, which will also come from the bond.
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 lost of time due to unforeseen mechanical problems during your hire.
- You grant us the right to cease your hire, retain your full bond, and charge you the full 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 at night;
- You drive Wow Factor under the influence of alcohol or illegal drugs; and
- You operate Wow Factor downstream of the Wellington Ferry.
- The above is based on the risk to us, and you acknowledge and agree that this term is fair and enforceable considering the risk to us.
- If this term is unenforceable, the amount payable by you shall be the maximum amount permissible by law in consideration of the risk to our business.
RIGHT TO CEASE THE HIRE
- At any time, we may cease hiring the Wow Factor to you, with our liability limited to the daily hire costs.
- 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 prior to 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; 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 being used by us to take action or defend against any claim involving you and/or us.
- For the safety of our staff, it is a condition of hire that you and your entire party are vaccinated against COVID-19. An exemption is made in the case of a valid SA Health Exemption or for anyone who is ineligible to be vaccinated.
- You agree to follow any direction from us, the river authorities, or other authorised persons.
- The terms are governed by the laws of South Australia.
- Any term that is found to be unenforceable is to be severed from this agreement with the remaining provisions still in full force.
- 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.
- We recommend that you read and agree to the hire Terms and Conditions (Hire Terms) included in this document. Your hire will be conditional on you signing these Hire Terms. The Hire Terms form part of this agreement.
- We offer all the products listed on our website. However, we pride ourselves on offering you a tailored experience.
- All products (listed or otherwise) are subject to change without notice.
- All products are subject to availability.
- Prices can change prior to booking without notice.
- Wow Factor is not an accessible houseboat and you should consider if you can safely board, be accommodated on, operate, and disembark (including in an emergency situation).
- Our quoted price includes the per day hire amount only. Additional charges apply for:
- Fuel (at the amount that it costs us to refuel the Wow Factor);
- Gas (at the daily charge of $10 per day);
- Activities (at the rate charged to us; $100 per activity);
- Damage to our or other party’s property (at the cost to us plus an admin fee of $1,000); and
- Excess cleaning for the Wow Factor;
- A quarter (25%) of the total hire cost must be paid within 3 days to confirm your tentative booking, failing to make this payment may result in Wow Factor being booked to another party.
- One half (50%) of the total hire cost must be paid within 3 business days to secure your booking for higher periods covering:
- Good Friday, Easter Saturday and Easter Monday;
- School holiday periods; and
- The Christmas and New Year period.
- 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.
- Up to 6 months before the commencement date of your hire, we offer a full refund less a $250 cancellation fee.
- Less than 6 months before the commencement date of your hire, we only offer a refund if:
- You pay a $250 cancellation fee;
- We are successful in hiring the houseboat for the full duration of your original hire; and
- The hire is for an equal or higher cost than your original booking.
- We will undertake our best efforts to rehire Wow Factor for at least your original hire cost and duration. In the event that we are only able to hire Wow Factor 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 $250 cancellation fee.
- We do not offer refunds for COVID-19. However, should a State Government or Commonwealth Government lockdown directive be issued and mean you are no longer able to travel to or from your destination, withstanding rights under consumer law, guests will have the option to select a new date for their existing bookings or accept an open-ended credit. New bookings will reflect the rate at the time the new booking is made.
- We value the health and safety of our staff both show out and cleaning. At this time, we are not allowing parties to board Wow Factor unless everyone who is eligible is vaccinated against COVID-19. It is your responsibility to determine the vaccine status of everyone within your party.
- In the event that a member of your party is unvaccinated, you will be denied boarding and the Cancellation clause of this agreement will apply.
- The terms are governed by the laws of South Australia.
- Any term that is found to be unenforceable is to be severed from this agreement with the remaining provisions still in full force.
Updated 23 June 2022