BELOW ARE OUR STANDARD TERMS AND CONDITIONS OF HIRE FOR BAREBOAT YACHT CHARTERS - WE HAVE SOME FLEXIBILITY WHERE PRACTICABLE:-
1. HIRE CHARGE:
The Hirer shall pay to the Owner as hire payment for the said boat for the period fixed the sum as stipulated in the Hire Agreement.
2. REDELIVERY:
Not withstanding the term herein written, in the event of the Hirer exceeding the time of the hire beyond the completion of the hire term there being no special circumstances or weather or conditions preventing the completion of the hire term by an ordinarily experienced person in charge of the boat, the Hirer shall be indebted to the Owner the extent of one days charter fees, as charged, per day or part thereof. Such sum shall be due and owing to the Owner as liquidated damages and shall be recoverable by the owner in any Court in New Zealand of competent jurisdiction. The Hirer will at the expiration of the term of hire peacefully give up possession of the said boat to the Owner at the latter's place of business and will if the said boat be not returned obtain the consent of the Owner to his continuing hire to a later date and time agreeing to pay such further charges as stipulated and failing their so doing or as the case may be failing his returning the said boat at the later time and date agreed upon, the Owner shall be entitled to treat the said boat as having been unlawfully converted by the Hirer to his own use.
3. INSURANCE/BOND:
The Hirer shall pay to the Owner a Bond of $1000 which is refundable when the vessel is returned in the same condition as hired. Except in the case of gross negligence, operating the vessel under the influence of drugs or alcohol or fishing in excess of MAF (Ministry of Agriculture & Fisheries) fishing regulations the Hirer is insured against liability for loss or damage (excepting the bond excess). If during the term of hiring the said boat should be damaged or involved in any accident the Hirer will as soon as possible advise the Owner of the full circumstances concerning the accident and in the event of any such damage or accident being of such nature to cause or be likely to cause any structural damage to the boat the Hirer will not use the same unless and until it has been inspected by the Owner or his representatives. The Hirer shall be solely responsible for payment for any repairs executed to the said boat without the written authority of the Owner.
4. RUNNING C0STS:
The Hirer will bear, pay and discharge all ordinary running expenses and will take reasonable care in handling the said boat and attend to all usual running expenses. Upon completion of the charter the boat is to be re-fuelled or an amount of $100 is to be paid by the Hirer to the Owner to cover the costs associated with re-fuelling the boat. The Owner reserves the right to recover this from the Bond should the Hirer either fail to refuel the boat, or fail to pay the $100.
5. RESTRICTED USE:
The Hirer will not sub-let or hire the said boat to any other person nor permit or suffer to permit the boat to be under the control at any time of any person other than the Hirer. The Hirer will not take the said boat outside Depisces Ltd limits set for this particular boat or this Agreement.
6. RECALL OR REPOSSESSION:
The Owner reserves the right to terminate the charter and retake possession of the boat without notice immediately upon default being made by the Hirer in the observance of performance of any of the terms and conditions hereof or in the event of the said boat being damaged, but any such termination shall be without prejudice to the right of the Owner in respect of any breach of the terms and conditions hereof. Not withstanding the terms of hire herein created on the terms and conditions herein expressed and/or implied, the Owner reserves the right to cancel the hire or recall the boat if at any time prior to or during the hire term the Owner considers weather or water conditions prevent or hamper or endanger the boat or its hirer and/or passengers and crew and the hire thereupon terminates.
7. LIMITATION OF LIABILITY:
The obligation of the Owner in relation to the condition of the said boat are limited are those imposed by the Maritime Safety Authority of New Zealand and the Owner will not be responsible for personal injury or property damage arising from any defect or fault which the said regulations do not bind him to remedy. The Hirer having inspected the said boat acknowledges that at the time of his signing this Agreement and at the time of commencement of hiring the said boat is in good order and in a safe and suitable condition for the purpose for which the said boat is hired by the Hirer.
8. INDEMNITY:
The Hirer indemnifies the Owner against any damage to property or persons caused by their use of the boat during the hire term.
9. NAVIGATION AND OTHER LIMITS:
The Hirer hereby agrees to have said boat at safe anchorage a hour before dusk (5pm in winter, 7pm in summer) each day, unless in an emergency situation or where express permission has been given by Bay of Islands Yacht Charters Ltd. The Hirer undertakes not to be underway by sail, motor, or tow between the hours of 5pm in winter, 7pm in summer, one day and 6am the following day.
10. MSA AND HEALTH, SAFETY & SECURITY COMPLIANCE:
Upon hand-over of the boat by the Owner on the date of commencement as contained herein the Hirer accepts full responsibility for the health, safety and security of all persons, passengers, the public at large, and/or any property including the boat. The Hirer hereby agrees to familiarize themselves with and where required by the Owner or any regulatory body adhere to all and any notices, procedures and documentation including but not limited to Maritime Safety Authority, and/or third party compliance publications and procedures, and the Hirer hereby undertakes to complete any Log Books, safety procedures and/or other forms as circumstances may require either before, during or after the hire period. The Hirer hereby agrees not to do anything that might jeopardize the health, safety or security of themselves, the passengers, the public at large, and/or any property including the boat. Furthermore The Hirer hereby indemnifies the Owner from any and all liability as a result of the Hirer failing to comply with any part of this agreement or any rules, regulations and laws as imposed by any regulatory body.
11. COMPETENCY:
The Hirer declares that he or she is of the age of twenty five (25) years or over, that the charter party does not exceed the number of persons licensed for the said boat, that he or she has read and fully understands the agreement, that he or she has received a copy of same and that he or she is capable of the control of the boat, including not operating the vessel under the influence of drugs or alcohol, so hired and has the nautical knowledge to safely use the boat for his or her own enjoyment and the safety of all other person, passengers and the public at large.
12. CLEANING:
The Boat will be delivered clean and prepared for charter, the hirer will return the boat to the same standard, if this standard is not upheld the Hirer shall be indebted to the owner the extent of NZ$250.00 (plus GST) cleaning fees. Please note that dark-soled shoes may mark the deck of a vessel and any such marking will incur an additional fee.
13. PAYMENT/CANCELLATION:
Payments: A deposit of 25% required at time of reservation, with the balance to be paid 30 days prior to charter start date. Cancellation: A cancellation fee of $250 is payable if charter cancelled within 90 days of start date. No refund is payable within 90 days of start date unless we can arrange a substitute booking. If so, then $250 fee applies.
14. CHARTER START/END TIMES:
Charters start and finish at either 10 am or 5 pm or at other times by negotiation, with handover available up to one hour prior to start. Charterers wishing to start at 10 am and finish at 5 pm, or vice versa, can do so at 50% of boat day rate. Charter party must be disembarked by specified finish time. An evening start may require first night to be spent on the mooring or in a marina berth (at Hirer's expense).
Privacy Policy
Depisces website is owned by Depisces, which is a data controller of your personal data.
We have adopted this Privacy Policy, which determines how we are processing the information collected by Depisces, which also provides the reasons why we must collect certain personal data about you. Therefore, you must read this Privacy Policy before using Depisces website.
We take care of your personal data and undertake to guarantee its confidentiality and security.
Personal information we collect:
When you visit the Depisces, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the installed cookies on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products you view, what websites or search terms referred you to the Site, and how you interact with the Site. We refer to this automatically-collected information as “Device Information.” Moreover, we might collect the personal data you provide to us (including but not limited to Name, Surname, Address, payment information, etc.) during registration to be able to fulfill the agreement.
Why do we process your data?
Our top priority is customer data security, and, as such, we may process only minimal user data, only as much as it is absolutely necessary to maintain the website. Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding website usage. This statistical information is not otherwise aggregated in such a way that it would identify any particular user of the system.
You can visit the website without telling us who you are or revealing any information, by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the website’s features, or you wish to receive our newsletter or provide other details by filling a form, you may provide personal data to us, such as your email, first name, last name, city of residence, organization, telephone number. You can choose not to provide us with your personal data, but then you may not be able to take advantage of some of the website’s features. For example, you won’t be able to receive our Newsletter or contact us directly from the website. Users who are uncertain about what information is mandatory are welcome to contact us via depisces.nz@gmail.com.
Your rights:
If you are a European resident, you have the following rights related to your personal data:
The right to be informed.
The right of access.
The right to rectification.
The right to erasure.
The right to restrict processing.
The right to data portability.
The right to object.
Rights in relation to automated decision-making and profiling.
If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident, we note that we are processing your information in order to fulfill contracts we might have with you (for example, if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information might be transferred outside of Europe, including Canada and the United States.
Links to other websites:
Our website may contain links to other websites that are not owned or controlled by us. Please be aware that we are not responsible for such other websites or third parties' privacy practices. We encourage you to be aware when you leave our website and read the privacy statements of each website that may collect personal information.
Information security:
We secure information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. We keep reasonable administrative, technical, and physical safeguards to protect against unauthorized access, use, modification, and personal data disclosure in its control and custody. However, no data transmission over the Internet or wireless network can be guaranteed.
Legal disclosure:
We will disclose any information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
Contact information:
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may send an email to depisces.nz@gmail.com.
Terms and Conditions
Welcome to Depisces!
These terms and conditions outline the rules and regulations for the use of Depisces Limited's Website, located at https://depisces.com.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use Depisces if you do not agree to take all of the terms and conditions stated on this page.
Cookies:
The website uses cookies to help personalize your online experience. By accessing Depisces, you agreed to use the required cookies.
A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.
License:
Unless otherwise stated, Depisces Limited and/or its licensors own the intellectual property rights for all material on Depisces. All intellectual property rights are reserved. You may access this from Depisces for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Copy or republish material from Depisces
Sell, rent, or sub-license material from Depisces
Reproduce, duplicate or copy material from Depisces
Redistribute content from Depisces
This Agreement shall begin on the date hereof.
Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Depisces Limited does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Depisces Limited, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Depisces Limited shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Depisces Limited reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Depisces Limited a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.
Hyperlinking to our Content:
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
We may consider and approve other link requests from the following types of organizations:
Commonly-known consumer and/or business information sources;
Dot.com community sites;
Associations or other groups representing charities;
Online directory distributors;
Internet portals;
Accounting, law, and consulting firms; and
Educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Depisces Limited; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Depisces Limited. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.
No use of Depisces Limited's logo or other artwork will be allowed for linking absent a trademark license agreement.
Content Liability:
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights:
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website:
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer:
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.