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TERMS & CONDITIONS

OPERATING RULES
IMPORTANT

A Nauti boat is very easy to drive. It is stable and have a top speed of less than 8km/h (4knots), which is a brisk walk. The engine is below 5hp and therefore no need for a skipper’s ticket/boat licence, so it is important that you follow the rules below!!

The boat is equipped with electrical engine and batteries. No smell, emission nor wake comes from this and makes it an eco-friendly way of exploring the river.

How to operate the boat:

The kill switch needs to be attached to the tiller/handle bar of the engine to be able to work. 
 If this is removed, the boat will stop.

Gripping the handle, you can turn clockwise for forward and anti-clockwise for reverse. 
 The more you turn the handle, the faster you will sail.

To navigate the boat, pull or push the tiller in the opposite direction of the way you would like to go. If you pull the tiller to the left, the boat will go right and vice versa. Tiller can’t be lifted!

Basic maritime rules to follow:

  • Never take any risks, be safe at all times.
  • Do not leave the boat unattended nor try to beach it. Damages will cost you!
  • You must contact Nauti if anything happens to the boat or any of the passengers
  • Always stay on the starboard (right) side, keep the distance to other vessels and shoreline
  • In ski areas, please keep to your far right. The speed limit changes to 8 knots here and the wakes can be large
  • Keep the Green Marker on your right hand side going upstream and left hand side going downstream. The opposite applies to Red Markers.
  • As the hire boat is relatively small it may be adversely affected by the wash of passing vessels. The nominated skipper/s must pass other vessels at a safe distance and where ever possible cross the wash of other vessel head on.
  • Remember that operators of sail and passing craft such as sail boats, jet skis and Captain Cook Cruises have right of way
  • Make sure that others can see which way you are going. Approach bridges through their navigation channels provided
  • For safety reasons, it is not allowed to bring the boat outside given areas. Boundaries are provided on maps that are found on Nauti’s homepage, on the jetty and in the boats.
  • You may not moor the boat to trees, under or at bridges, at places at which prohibition signs apply or where your visibility to others is limited. 
Use red buoys and public jetties if absolute necessity.
  • Public jetties have a maximum mooring of 15 min. Keep private jetties private and do not approach these.
  • Please observe that there are many people fishing by the river and avoid running over their fishing-line.
  • It is forbidden to fish from the boats.
  • Do not disturb wildlife and nature – Leave no trace!

  • People live near the water, respect their privacy. Please make sure not to cause any nuisance such as loud noise, screaming at other boaties and throw things overboard.
  • Keep hands and legs in the boat whilst the propeller is on and you are travelling on the water
  • Children under 10 must wear life jackets during the whole hire period. There are adult life jackets in the boat.

There is a tilt mechanism under the tiller. Should you get stuck on seaweed or get bogged, you will need to lift the engine/prop out of the water. To do so, turn the orange switch to TILT and lift the
 engine by the handle at the back of the engine towards you.
The prop will now come out of the water and you can investigate.
To put the engine back in the water, find the orange lever on the right hand side of the engine, lift this and the engine by its handle towards you, and slowly lower the engine down.
Remember to turn the switch back to LOCK. The tiller should not come away from the engine and always stay in its place.
Other than this, please DO NOT try to fix the engine or electricity. Call Nauti on 043 9999 301.

You’re the skipper. You’re responsible!

Use your common sense when operating the boat. If you have any questions you can call us anytime, even from out on the river! 

All fines collected whilst hiring the boat, are yours to keep! Every damage and loss will be invoiced to you!

We strive to give you the best and safest experience when you hire an electric self-drive boat with us. To do this, we need some basic rules in place for you and your crew’s safety and for Nauti Picnics. This way we can all have a perfect day on the river.

• You’re the skipper, you’re responsible….for the boat, your crew and others on the river
• Be over 20 years old to drive the boat
• Remain under the legal alcohol limit throughout the whole journey, 0.05%.
No drugs permitted
• Boat can only carry 8 people – this include children and doggos
• Cleaning fees apply
• Liability of up to $1,000 insurance excess. Loss of income will incur further costs.
• Late return fees apply
• No smoking on board
• Leave no trace policy
• Cancellation and rescheduling prior to reservation time is 72-24 hours

This document records the Hire Terms and Conditions on which Nauti Picnics  agrees to hire a Boat to the Customer.

Nauti Picnics may in its absolute discretion decline to hire any Boat to a Customer. Nauti may at any time vary these terms and conditions without notice, so please check back again. Variations to these terms and conditions will only apply to hire agreements entered into after the variations occurred.

1. General

1.1 Unless otherwise defined in these terms and conditions, all terms used shall have the following definitions:
• Nauti Picnics: Provides boat rental and boat packages under these general terms and conditions.
• Customer: Each natural person who enters into an agreement with Nauti Picnics, or who receives an offer which is governed by these general terms and conditions.

1.2 These general terms and conditions are applicable to all Nauti Picnics customer agreements.

1.3 The Customer’s agreement, without any remarks, is presumed to be in acceptance of these general terms and conditions.

1.4 Each individual deviation from these Terms and Conditions must be explicitly agreed in writing. Any deviation from these terms and conditions shall apply only to that specific case and to that specific deviation.

1.5 If a situation occurs that is not described in these terms and conditions, this shall be judged in the spirit of these general terms and conditions.

1.6 Nauti Picnics may amend these terms and conditions from time to time.

2. General responsibilities

2.1 Nauti Picnics provides boat rental in the Upper Swan River. The Customer shall behave in accordance with these general rules and will at all times bear responsibility for all passengers to comply with all general responsibilities. Should the Customer (or a person in the Customer’s party) not comply with the general responsibilities, then Nauti Picnics is entitled to terminate the agreement with Customer with immediate effect. In such event, there will be no right of restitution for any amount paid.

2.2 General opening hours of Nauti Picnics are: Monday to Sunday from 10am until 5pm. During these opening hours, Customer can hire a vessel online. Nauti Picnics reserves the right to change these hours as necessary for daylight hours and seasonality.

2.4 The Customer must be 20 or older to drive the vessel

2.5 The vessel is suitable for carrying up to 8 people. This includes adults, children, infants and dogs. The Customer should under no circumstances allow more people on the vessel, all subsequent consequences are at risk and expense of the Customer if done.

2.6 Vessels shall not be operated while under the influence of alcohol and/or drugs. Nominated skipper must remain below 0.05% Blood-Alcohol Concentration during the trip. Other guests may consume alcohol, but any antisocial behaviour or intoxication can result in trip being terminated with no refund.

2.7 General responsibilities of the Customer:
• Customer shall understand and always abide by safety and operating instructions provided by Nauti Picnics.
• Customer shall practise ‘safety first’ mentality, and not take risks.
• Customer shall cruise with the operating boundaries as directed by Nauti Picnics, stipulated in the maps and not outside these boundaries.
• Customer shall not moor the vessel at places at which prohibition signs apply or which may cause damage, included but not limited to under bridges and to nature.
• Customer shall respect others on or near the water, ensuring not to cause
excessive noise/nuisance, including public jetty areas.

3. The rental period

3.1 The rental period begins at the arranged time. Boat leaves at either 10am or 2pm, but safety induction happens 15min prior. A Customer who is not present at said time to collect the vessel is not entitled to compensation by adjustment of the rental period to a
later time.
If Customer is 15min late after arranged time, the vessel will be retrieved from the water
and hire time forfeited.

3.2 Should Customer wish to extend the rental period during the rental period, they should first contact Nauti Picnics by telephone. Should an extension be possible (at sole discretion of Nauti Picnics) the rate of $90 will apply per every starting hour and monies will be deducted from Customer credit card. Nauti Picnics will then extend the rental period as requested.

3.3 Should Customer not return the vessel at the stipulated time, all extra time will be charged at $50 per every 15min started. Customer is also responsible for reimbursement of all damages incurred by Nauti Picnics as a result of the late return of the vessel.

3.4 Customer will return the vessel clean and tidy state to Nauti Picnics at the end of the rental period. Should the vessel be returned in a dirty state, the Customer may have to pay cleaning fees.

3.5 If Customer does not use the full reserved time and returns the vessel early, the Customer is not entitled to a refund of any sort for unused time, unless agreed upon explicitly with Nauti Picnics before the trip.

3.6 The Customer must return the vessel to the pick-up point of the reservation. If vessel not returned to correct location, additional collection fees will be charged accordingly.

4. Obligations of Customer and Nauti Picnics

4.1 At the beginning of the rental period, Nauti Picnics shall ensure to provide Customer with access to use of vessel. Nauti Picnics will ensure that the vessel is in appropriate condition and required safety features are available. Nauti Picnics will ensure the vessel is
fit for purpose.

4.2 Nauti Picnics will ensure the vessel is properly insured (third-party insurance) for the area in which the ship will be used according to the agreement.

4.3 The Customer shall not transfer vessel to a third party. Customer will remain responsible at all times until the vessel is moored and physically returned to Nauti Picnics (Do not leave boat unattended at the jetty). Should the vessel be moored or left somewhere other than with Nauti Picnics, a $300 fee applies which will be deducted from Customers credit card. Any further recovery costs shall also be charged to the Customer.

4.4 Customer will abide by all applicable rules. Should the Customer be unsure of actions or sailing rules, Customer shall contact Nauti Picnics. Customer shall have all required faculties necessary for safe sailing prior to tying off and in the guide on board the boat.

4.5 Customer will take care of the vessel with due diligence and may only use vessel for intended purpose. Customer may not make any adjustments to vessel. Any repairs shall be performed by Nauti Picnics.

4.6 Nauti Picnics reserves the right to charge a cleaning fee when Customer brings a vessel back in a dirty state beyond normal use. Nauti Picnics reserves the right to charge the fee acquired by local law when Customer or someone from Customer’s party has conducted themselves in an inappropriate fashion, deemed at sole discretion of Nauti Picnics

4.7 Customer will operate the vessel according to the directions and instructions provided by Nauti Picnics. Customer will be liable for all damages resulting from non-compliance with the directions and instructions from Nauti Picnics.

4.8 Customer will ensure Nauti Picnics is able to contact the Customer on the provided telephone number in the reservation form, unless explicitly agreed upon otherwise.

4.9 At the end of the rental period, Customer will surrender the vessel to Nauti Picnics at the agreed place and time. The vessel, including its inventory, shall be returned in the same state as it was at the beginning of the rental period.

5. Payment and security bond

5.1 When making a reservation, Customer shall pay the agreed rental rate to Nauti Picnics. Additional sailing time shall be settled in hourly rate if rental period is extended. Non agreed extensions will be charged at 15min increments from the end of the original
rental period.

5.2 Nauti Picnics do not take deposits nor hold bookings. Payments are to be settled at the time of booking.

5.3 Nauti Picnics is (partly or fully) entitled to charge Customers credit card in the event of damage or when the Customer does not return the vessel to Nauti Picnics at the agreed upon time. Customers Credit Card is the security bond.

5.4 In the event that any of the above will happen. Nauti Picnics will inform the Customer, deduct Credit Card and an invoice will be sent to Customer

6. Damage and liability

6.1 In case of damage the Customer shall inform Nauti Picnics immediately. Should damage not be reported (immediately) the full insurance excess of $1,000 will be charged, regardless of the amount of damage. Should the damage exceed the excess, ie loss of
income, any additional amount will be recovered from the Customer.

6.2 Non-fulfillment of these general rules by the Customer can lead to full liability for damages and any subsequent costs.
6.3 In case of recklessness, negligence and/ or the non-fulfilment of any directions of Nauti Picnics, the Customer may be held fully responsible for any subsequent damages without Nauti Picnics engaging own insurance.

6.4 Customer is liable for damage to the vessel as well as any damages caused to a third party within the hire period as far as these are not covered by Nauti Picnics insurance.

6.5 Customer is fully liable for all (subsequent) damage caused should the Customer use the vessel outside the agreed-upon area of sailing.

6.6 Should the vessel not be returned in the same state as it was, Nauti Picnics is entitled to have the vessel brought back to that same state at the Customer’s expense, unless said expenses are covered by Nauti Picnics’s insurance, in which case Customer is only
due to pay the policy excess.

6.7 Nauti Picnics cannot be held liable for any personal injury or (subsequent) damage, regardless of the cause of said injury or damage, prior to, during, or resulting from the agreement between Nauti Picnics and Customer, unless established that this injury or damage was caused by Nauti Picnics through gross negligence. Nauti Picnics’s liability is always limited to at most the amount of the rental agreement.
Nauti Picnics is not liable for the loss and/or damage to any items brought onto the vessel by Customer.

7. Rescheduling and cancellation

7.1 A vessel reservation may be rescheduled up until 24 hours before the start of the reservation without reason and at no cost.

7.2 Rescheduling within 24 hours of start of the reservation is not permitted and nonattendance at agreed time shall result in full rental payment. Any rescheduling offered within 24 hours is at sole discretion of Nauti Picnics.

7.3 Cancellation and refund of bookings is only permitted 3 days prior to start of rental. After this it is at the discretion of Nauti Picnics.
If special circumstances of a non-attended booking require consideration, please contact Nauti Picnics and at our discretion we may provide credit for new reservation. No circumstances shall warrant restitution of paid amounts.

7.4 In the off chance of bad weather and Nauti Picnics need to cancel the booking due to your safety, you may choose to reschedule at the time of discussion or receive a gift card for future use on the boat hire. If you do not live in Perth and it’s difficult for you to come back within a year, Nauti Picnics will offer a full refund. Please see our Weather Policy her

8. Jurisdiction and disputes

8.1 Any disputes or complaints should be reported to Nauti Picnics in writing.

8.2 All legal relationships between Nauti Picnics and the Customer to which these terms and conditions apply shall be governed by the laws of Australia. In the absence of mandatory rules of law to the contrary, the Court of Western Australia has exclusive competent jurisdiction.

8.3 Slandering of Nauti Picnics on Social Media or any other public forms, will result in a defamation claim. Any problems with Nauti Picnics, should be brought to Nauti Picnics attention first and be solved outside the public eye.