Terms & Conditions
GENERAL
Taupo Watersports Ltd, hereafter referred to as TWS is a New Zealand-owned and registered company.
The safety of our passengers and property is important to us and by purchasing or embarking on an activity with TWS, both Hirer and Passengers agree to the following terms and conditions:
Assumption of Risk - Both Hirer and passenger acknowledge that the activity for which the PWC (hereinafter referred to as vessel) is designed include inherent dangers. Participation in the activity may result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slips and falls; accidental drowning; watercraft may capsize and cause entrapment; travel in remote areas; collision with objects or other watercraft; rapidly changing adverse weather and water conditions; watercraft is slippery when wet and accidents can occur while getting on or off; the negligence of participants, or other persons who may be present; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; passengers can be thrown off the vessel; strains, sprains, broken bones and musculoskeletal injuries including head, neck, and back injuries; cuts, abrasions, and bruises; the negligence of participants, or other persons who may be present; equipment failure or operator error; accidents involving other vessels or watercrafts; collision with fixed or movable objects; collisions, and flipping over; accidents or illness can occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this activity. Additionally, fatigue, chill and/or dizziness may diminish my/our reaction time and increase the risk of an accident. Furthermore, TWS personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. Hirer and passenger assume and accept all risks associated with the use of the vessel.
Indemnity - The Hirer and passenger indemnify TWS from and against all claims, actions, costs, liabilities, and losses incurred or suffered by TWS (including legal costs) as a result of any claim made by themselves and/or a third person against TWS in respect of any loss or liability arising from the Hire Agreement or arising out of the use or misuse of the vessel and/or its equipment hired by the Hirer.
Acceptable Use – The Hirer agrees and acknowledges that he/she will be the sole operator of the vessel, and will use the vessel in a careful, safe, and conscientious manner. The Hirer shall at all times observe and adhere to any rules, guidelines, and briefings given by TWS, and any applicable laws or regulations. The Hirer shall be responsible at all times for the safety of any and all passengers on the vessel.
Operating Limits - The Hirer acknowledges they understand the designated operating limits the vessel must stay within. The Hirer agrees to navigate within the specified and charted operating area and not exceed the limits. The Hirer acknowledges that we reserve TWS reserves the right to restrict the operating area according to wind conditions.
Prohibited Activities – The Hirer and passengers agree to not violate any of the following rules and regulations during the rental of the vessel:
No smoking on board the vessel.
No consumption of alcohol aboard the vessel.
No fishing permitted from the Vessel.
No beaching or docking of the Vessel other than locations specified by TWS or in the case of an emergency.
No carrying more than the declared number of persons aboard.
No misuse or damage to operational or safety equipment.
Medical Conditions – The Hirer and passengers acknowledge they have disclosed any medical condition(s) that may impact in any way, the safe operation or use of the vessel and/or its equipment. The Hirer and passengers acknowledge that they are fully competent to operate the vessel and adhere to all written and verbal instructions given by TWS.
Alcohol & Drugs - The Hirer acknowledges that driving a vessel under the influence of alcohol and/or drugs is extremely dangerous. The hirer agrees that no alcohol will be carried or consumed during the hire period. Furthermore, the Hirer agrees that TWS reserves the right to cancel the Hirer's booking if suspected the hirer and/or passenger is under the influence of alcohol and/or drugs upon arrival. No refund will be given in such a case.
Damages and/or Losses - A credit card hold (bond), charged to the Hirer will be taken by TWS prior to commencement of the Hirer’s rental. This is required to cover any repairs and incidentals resulting from damage and or/losses to the vessel and/or equipment while under hire. If the vessel and/or equipment is returned with no damage and/or loss, TWS will release the credit card hold at the end of the hire. The Hirer is not entitled to a refund for their booking if TWS is unable to place the credit card hold prior to the Hirer’s rental.
Bond options:
$1000 bond, no extra fee to hire
$250 bond, $50 extra fee to hire
If the vessel and/or equipment is damaged and/or lost, then TWS will notify the Hirer and the costs of repairing the damage (and in the case of equipment, the full retail price of the item of equipment) will be charged to the Hirer’s credit card, up to the amount of the bond held. The Hirer authorises TWS to charge any sum up to the bond held for monies payable by the Hirer, including but not limited to any outstanding amount of the Hire Fee, Late Fees, Cancellation Fees, Insurance Excess Fees, Repairs, and any valuation fees incurred in surveying damage caused to the vessel.
Insurance – TWS has limited insurances to cover the vessel against any damages and/or losses caused by the Hirer. TWS also has public liability insurances to cover damages to public property.
Overdue hire/late fees – The Hirer agrees to return the vessel to TWS by the expected return time. If the vessel is more than 10mins late, a late fee of $100 will be charged to the Hirer.
Personal Items - If Hirer or Passengers choose to take their own personal property on board a vessel then this property or equipment is carried at their OWN RISK and TWS will not be liable in any way for any loss to such property or equipment however caused.
CANCELLATION / REFUNDS
We require 48 hours notice for cancellations before the booking departure time to get a full refund. If a cancellation is made between 24-48 hours before the booking departure time passengers will get a 50% refund. Cancellations within 24 hours will not be refunded unless otherwise decided by TWS.
Trips are weather dependent – TWS operation can be affected by high winds on the lake, heavy rain, or stormy conditions, and TWS reserves the right to modify trip times and cancel trips at our sole discretion. A full refund will be given for trips canceled by the weather when the cancellation is verified by TWS.
TWS Gift Cards are valid for 12 months after the date of purchase. Extension of validity beyond the gift card expiry date is at TWS’ sole discretion.
RESTRICTIONS
Weight and age restrictions apply. The Hirer must be at least 18 years of age with proof of age required. The maximum number of occupants on a PWC is two persons with a maximum combined weight of 200kg.
TWS reserve the right to cancel a trip for reasons deemed the Hirer’s and/or passenger’s safety is at risk.