These terms and conditions apply to any hiring of a Boat from BBQ Buoys Pty Limited ACN 612 261 711 (we, us, our) and the use of this website, including the use of this website to participate in hiring from us. In using this website or by participating in hiring from us, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from hiring from us or using the website.
All Your rights set out in terms and conditions are in addition to your rights as a consumer (‘Your Consumer Rights’) under applicable consumer protection legislation, including the Australian Consumer Law. Your Consumer Rights are not excluded, restricted or modified by these terms and conditions. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.
- Key terms
In these terms and conditions, unless the contrary intention appears:
Berthed BBQ Buoys Boat means the gastronomic concept or floating restaurant boat offered by Us under these terms and conditions, where such boat is to be berthed at the Dock only and not skippered in the Boating Area.
Boating Area means the area designated and determined by Us, and specified in the Online Hiring System or advised by Us on the Function Date as the area in which the Boat hired by the Hirer is able to be skippered.
Dock means the area specified as such by Us on the Online Hiring System from which you may hire a Boat.
Function Date is the date and time chosen by you to hire a Boat.
Hire Confirmation means the confirmation notice or notification provided by the Online Hiring System to you confirming your hiring request.
Moving BBQ Buoys Boat means the gastronomic concept or floating restaurant boat offered by Us under these terms and conditions, where such boat is to be skippered in the Boating Area.
Online Hiring System means the website service provided to potential hirers to fill out their details and requests for hiring a Boat.
Services means the hiring or use of a Boat and/or the provision of related services offered by us pursuant to these terms and conditions.
Boat means a Berthed BBQ Buoy Boat or a Moving BBQ Buoy Boat as the case may be.
- Hiring of BBQ Buoys boats
You may hire a Boat or request the use of our Services on our website using our Online Hiring System, or by telephone or email. However, if you have requested our Services on the telephone or email, you will still need to confirm your acceptance of these terms before we issue you with the Hire Confirmation. Although access to the Online Hiring System is available at the Dock, we recommend that potential hirers submit their application through the Online Hiring System a reasonable time before the intended Function Date to save time and avoid delays. In hiring a Boat, you have the option of hiring a Berthed BBQ Buoys Boat or a Moving BBQ Buoys Boat, subject to availability on the relevant Function Date.
We reserve the right to refuse any person from hiring a Boat.
You will have access to the Boat for the time determined and paid for by the Hirer and stated on the Hire Confirmation. The time spent on board a Boat and extra requirements including catering and alcohol are to be specified by you on the Online Hiring System and confirmed in the Hire Confirmation (or alternatively booked or purchased at the Dock subject to availability, additional fees and otherwise in accordance with these terms), and the relevant Boating Area is also specified on the Hire Confirmation, or advised by us on the relevant Function Date.
- Hiring requirements
If you choose to hire a Berthed BBQ Buoys Boat, you must be 21 years old.
If you choose to hire a Moving BBQ Buoys Boat, you must be 21 years old.
We require that you provide photo ID evidence to us using the Online Hiring System and you must produce the same photo ID to our staff on the Function Date. Photo ID includes a driver’s licence or valid passport. If we discover that you are not of the appropriate age, or take the view that the Photo ID provided using the Online Hiring System is not of the Hirer, we reserve the right to refuse your use of the Boat and you will not receive a refund of monies paid to us.
If you hire a Moving BBQ Buoys Boat you must specify a person 21 years old or older to be the designated skipper for the period of hiring the Boat. The designated skipper is responsible for the Moving BBQ Buoys Boat during the period of hire and is the only person permitted to skipper the Boat during the period of hire. Our staff will undertake a skills assessment at our discretion based on criteria determined by us from time to time, of the designated skipper to assess their capabilities to skipper the Boat. If the individual fails the skills assessment then the Hirer can nominate an alternate person also 21 years old or older who can be assessed. If the alternate person also fails the assessment then we have the right to cancel your hire and you will receive a refund of monies paid to us, less a reasonable fee to be retained by us for administration.
- Apply online via Online Hiring System
In order to hire a Boat, you must complete your registration details in the manner described on the Online Hiring System and providing us with such information as we may request.
Upon completing the application on the Online Hiring System, we require you to provide current credit card and PayPal details to us in accordance with the requirements set out on the Online Hiring System. Upon us receiving a request on the Online Hiring System, if this request is successful we will issue you with Hire Confirmation confirming your hire.
You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to your registration details as originally supplied.
We reserve the right to terminate your request at any time if we determine that you have provided inaccurate or untrue information on the Online Hiring System, or if you fail to notify us of changes to such registration details.
- Our fees
You must pay our fees and expenses specified with respect to hiring a Boat in the amount or amounts as set out on the Online Hiring System. All fees are stated and updated on the Online Hiring System from time to time.
Our fees in respect to hiring a Boat will be dependent on a time cost basis. The total fee for hiring a Boat will change depending on the package and options chosen by you on the Online Hiring System. When you hire a Boat we will provide rubbish bags, safety equipment. The hire period for the Boat includes berthing time and time in the Boating Area. Where you require extra staff for services of food and alcohol, or other options, we will charge you the relevant fee as set out on the Online Hiring System.
The total fee for the Services will be displayed or communicated to you before you are required to confirm the request on the Online Hiring System.
Unless otherwise stated, all prices are in Australian dollars and are exclusive of Goods and Services Tax (GST). We reserve the right to vary or alter any fees at any time. Therefore, please ensure you check the applicable fees at the time of requesting to hire a Boat.
You are required to pay a security deposit when processing your request. That deposit is only refundable if we determine that you have complied with these terms and conditions, particularly in relation to damage to the Boat, rubbish removal from the Boat and keeping the area an environment surrounding the Dock tidy and clean. The security deposit will be stated on the Online Hiring System prior to you confirming your request.
Deposit payment is charged directly to you on the credit card provided by you on the Online Hiring System on the Function Date.
Final payment is required on the later of: (1) within 24 hours of when we issue you with the Hire Confirmation; and (2) 30 days before the Function Date. You authorise us to charge, and we are entitled to automatically charge the final payment of fees to your credit card that was entered by you at the time of application on the Online Hiring System. If you hire a Boat at the Dock using the Online Hiring System you must make full payment on that day of hire.
We are not responsible for not hiring you the requested Boat, and we are not obliged to hire you the requested Boat where;
- your credit card payment is not processed in the first run due to card entry errors (including an incorrect or expired card expiry date) made by you;
- there are insufficient funds or the credit limit is insufficient to cover the relevant fees;
- we are unable to contact you for any reason.
If you fail to comply with any of these terms and conditions, any money which you paid to us may be forfeited to us. We may also sue you to recover the balance of the final payment and any other amounts owing to us under these terms and conditions.
- Your obligations
You must return the Boat in the same condition that was provided to you. An inspection of the Boat pre and post function will be conducted by Us. You acknowledge that you are responsible for all damage to Boat that was not identified by Us at the pre function inspection, but identified at the post function inspection. Our determination is final.
Rubbish removal is your sole responsibility and the Boat must be left in a clean and appropriate manner within 15 minutes following the function. We will provide rubbish bags for you to clean the Boat. All rubbish includes bottles, food and decorations and any other goods you bring onto the Boat. We expect you to leave the parklands and environment surrounding the Dock in the same condition that you found it. If the above conditions are not met, we may keep part or all of the security deposit paid by you.
You must comply with all local council rules that we notify you, and compliance with all such rules and regulations are your sole responsibility, including but not limited to parking, rubbish, alcohol consumption and noise. You agree to indemnify us against, and are solely responsible for, all expenses, claims, damages or actions brought by any third party as a result of your non-compliance.
The Boat may only be skippered in the Boating Area. The Boating Area may vary depending on elements out of our control including, but not limited to, third party events, water conditions, weather conditions and legal requirements. Therefore, although the intended Boating Area is specified in the Online Hiring System, we reserve the right to vary that and advise you on the Function Date if we reasonably determine it is necessary.
You must arrive at the Dock 15 minutes prior to the start time on the Hire Confirmation. You must return to the Dock before the end time specified on your Hire Confirmation. If the Boat is returned late to the Dock you will incur, and must pay, a late fee of $50 for every 15 minutes past the end time.
You have very limited rights to cancel a booking. If you cancel your booking less than 30 days from the relevant Function Date, you forfeit all monies paid to us. If you cancel more than 30 days from the relevant Function Date we will refund 100% of the total fees for the hire.
If hiring the Boat on the Function Date is not possible due to reasons out of our control including but not limited to, weather conditions, council regulation, events or due to other unforeseen circumstances as reasonably determined by us, an alternative date can be negotiated with us within the current financial year that the booking has been made in. Such change of date will not be considered a cancellation.
If you do not arrive at the Dock 15 minutes prior to the booked time this will be considered a non-arrival. In the case of a non-arrival we have the right to hire the Boat to another person and you forfeit all monies paid.
- Alcohol, Catering and entertainment
We may provide alcohol packages to you upon request on the Boat for a fee. The alcohol packages and fees are set out on the Online Hiring System. You are not able to bring your own alcohol onto a Boat unless previously agreed by us in writing. If we allow you to bring your own alcohol onto a Boat you will be required to pay the corkage fee set out on the Online Hiring System.
We may also provide catering packages to you upon request. Catering packages are provided through selected partners and are available for a fee. The catering packages and fees are set out on the Online Hiring System. If you choose to bring your own food you will be required to pay a fee set out on the Online Hiring System.
Liquor License restrictions will apply to each hire of a Boat as per the applicable Liquor Licence obtained from the relevant Liquor Licence Authority (if applicable). If you choose our alcohol package on our Online Hiring System, your use and consumption of such alcohol will be subject to our relevant Liquor Licence. If you provide your own alcohol it is your responsibility to arrange prior to the event for any applicable Liquor Licence to cover your hire of the Boat, and you must provide evidence of such Liquor Licence before we are obliged to permit you to hire the Boat or use our Services. We may also require you to provide us with evidence of insurance and public liability insurance of a minimum of $20,000,000 if you choose to provide your own alcohol and obtain your own liquor licence.
Any staff that are provided to you on board the Boat are provided solely for catering and alcohol services only and they will not be able to skipper a Boat for you.
Any deliveries (for example flowers, cakes, wine and food) and delivery times are to be arranged with us. Deliveries can only be made on the day of the hiring of the Boat. All personal items, decorations and flowers must be taken at the conclusion of the function.
You must not exceed any relevant noise controls or regulations that apply to the Boating Area. We have the right to notify you if we believe such noise controls or regulations are not complied with. If you do not reduce the noise level when notified by us, we have the right to terminate your use of our Services.
If you decide on the Function Date that you would like an extra requirement, such as alcohol, that is stated on our Online Hiring System then you can purchase these extra requirements at the Dock. If you decide to order extra requirements on the Function Date we cannot guarantee that we will provide you with the exact requirements you require. We suggest that if you have any specific extra requirements, that they be booked or arranged at the time of booking.
- Prohibited activities
When you are using the Boat or are at the Dock you are prohibited to;
- swim in the Boating Area;
- jump into the Boating Area;
- fish in the Boating Area;
- dance on tables or furniture;
- use any illegal drugs;
- feed animals;
- use any of the Emergency Equipment unless for their intended use;
- bring pets onto the Boat;
or do any other activity on board the Boat or at the Dock area that is deemed unreasonable, unsafe or inappropriate by our staff.
If you do, or continue to do, any of these prohibited activities, we have the right to remove you from the Boat and or the Dock area.
- Use of BBQ Buoys
The Function Date and times for hiring the Boat will be specified on the Online Hiring System and confirmed in the Hire Confirmation.
You are strictly liable for any damage to our property, the environment or area surrounding the Dock and/or the Boating Area, or any other goods, that may be caused by your use of the Boat, including damage or injury caused by you and/or your guests.
Your use of the Boat and our Services are entirely at your own risk. You must comply with:
- any law relating to occupational health and safety;
- any directions or warnings specified on our website or in the Boat or at the Dock; and
- any directions given by us or anyone authorised by us when you are using our Services.
- Security and Emergency Equipment and induction
All persons on board the Boat must read, familiarise with, and accept the security instructions that we provide to you. We will provide the security instructions in written form by communicating the instructions with the Hire Confirmation. Our staff will also verbally give these instructions to you on board the Boat at an induction briefing before the Boat leaves the berth. Before commencing the hire of the Boat, you must accept and acknowledge your understanding of the security and other instructions in such manner that we may reasonably require.
We have properly trained staff to respond to situations and emergencies when you are aboard the Boat. You are expected to listen to the instructions given to you by one of our staff aboard the Boat. They are there for your own safety.
Each person aboard the Boat will have deemed to accept any security instructions when they have listened to the instructions provided. Each person on the Boat is expected to behave in a reasonable manner when being instructed by our employees on board the Boat.
Equipment is provided to you for your safety, including but not limited to life jackets, fire extinguisher and safety ropes (Emergency Equipment). If you misuse any of the Emergency Equipment you will be charged a fee set out in the Online Hiring System per item that is misused.
You must access the Boat by a ramp. You must be capable of crossing the ramp to access the Boat. Our staff have the right to refuse you access if you are not in a condition to cross the ramp.
- Marketing and technical
Any images and photos and videos or other content posted to our website or social media pages or accounts is owned by you. We may take photos or videos of you at the Dock or on a Boat, and post on our own website or social media pages or accounts. You grant us an irrevocable royalty free perpetual world-wide transferable licence to use such images, photos videos or content for our marketing and promotional purposes, including but not limited to posting or communicating them through or on our social media pages and our website. We have the right to remove any images and photos or videos or content if we think the content is unreasonable. You may use, communicate or post any images, photos, videos or other content you create in relation to the Boats or the Services freely, subject to complying with the intellectual property rights provisions in these terms and conditions.
Wifi access is provided on the Boat for the duration of the hire. The password provided to you for the purposes of wifi access must be kept for personal use only and only used when using the Boat. Usage of wifi when aboard the Boat is limited to 100MB or such other amount set out in the Online Hiring System. The wifi access granted by us is not to be used for video streaming, skyping, accessing third party illegal websites or downloading movies, or other inappropriate use as determined by us.
We have GPS on our Boats and you allow us to know its location at all times.
We will give you access to our Spotify account, however you are not to use Spotify to purchase songs. Any music playlists you create while using our Spotify account is our property.
- Maximum Capacity
The number of person on board a Boat must not exceed the number set out in our Online Hiring System or as otherwise specified by us on the Function Date. Where the number of people exceeds this amount, we reserve the right to refuse or limit the persons on the Boat.
- Third party services
A Hirer may be offered services by a third party upon receiving Hire Confirmation. Third party services may include, but are not limited to, bike transfers, taxi transfers, catering, alcohol services and entertainment. We take no responsibility for any third party service or guarantee any service provided by them to you. Any such services are subject to separate legal contracts made between you and such third parties, and we cannot be responsible for any matter related to such separate legal arrangements.
You agree to indemnify, and keep indemnified, us and our officers, employees and agents (those indemnified) against all loss suffered or incurred by those indemnified (including legal fees on a full indemnity basis), directly or indirectly, in connection with:
- any breach of these terms and conditions by you;
- any wilful misconduct by you;
- any negligent act or omission by you.
- Our rights
We reserve our right to withdraw your hire request for any reason that we deem appropriate. We may, without giving any reason, refuse to accept an Online Hiring System request for hire from you.
We may refuse you the right to use our Services if you:
- do not pay for the Boat in the manner we require; or
- give information which is untrue, inaccurate or incomplete.
We may suspend, cancel or terminate your use of our Services if you breach or fail to observe these terms and conditions or for any other reason at our discretion. However, we will not exercise our discretion unreasonably.
If we suspend your use of our Services, we may restrict you from using our Services again.
Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable. Subject to that:
- us, our employees or agents do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of our Services, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through our Services or our website;
- any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded; and
- we do not accept liability to you in respect of any claims, loss or damages, and costs (including indirect, special or consequential loss or damage) which may be suffered or incurred by you which may arise directly or indirectly in respect of the Services supplied pursuant to or in any way connected with our Services either before, during or after the function or of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.
You acknowledge that:
- prior to entering into these terms and conditions you have been given a reasonable opportunity to examine and satisfy yourself regarding the Services which are the subject of these terms and conditions and that prior to entering into these terms and conditions you have availed itself of that opportunity;
- at no time prior to entering into these terms and conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so.
- Specific warnings regarding website
You must ensure that your access to this website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this website does not expose your risk of viruses or other form of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any linked website.
Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.
We do not give you any assurances that any information contained on this website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.
Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We do not warrant that our Services will be available at all times or at any specific times. We are not responsible in the event of our Services or an Online Hiring System request not being processed due to technical difficulties affecting our system.
You acknowledge that a failure to comply with these terms and conditions entitles us to terminate your Online Hiring System request. We may determine at our discretion whether such a failure has occurred.
- Intellectual property rights
Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialise any information, products or services obtained from any part of this website,
without our written permission.
If you use any of our trade marks in reference to our Boat’s, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive; or
- in a manner that disparages us or our information, products or services (including this website).
- Restricted use
Unless we agree otherwise in writing, you are provided with access to our Service and website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website.
- Personal Information
- Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You agree that you will not share your password, let anyone else access your request, or do anything that might put the security of your account at risk. You acknowledge sole responsibility for and assume all risk arising from your use of this website.
- Governing law
These terms and conditions are governed by the laws in force in South Australia.
- Amendments to these terms
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website and by direct notification to you if you have hired a Boat. Your continued use of the website and use of our Services following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
Unless stated otherwise, a reference to money means Australian currency and a reference to time means South Australian time.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
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