PELICAN BAY MARINA
STANDARD BOAT RENTAL AGREEMENT TERMS AND CONDITIONS
(IN CONJUNCTION WITH chainolakesboatrentals.com ONLINE BOOKING APPLICATION)
READ THIS ENTIRE AGREEMENT BEFORE SIGNING THIS DOCUMENT
THIS AGREEMENT ATTACHES WITH FULL EFFECT TO THE chainolakesboatrentals.com ONLINE BOOKING APPLICATION.
YOU AGREE THAT YOU ARE 25 YEARS OR OLDER AND HAVE A VALID DRIVER’S LICENSE. YOU ALSO AGREE YOU WILL BE THE SOLE DRIVER OF THE RENTAL CRAFT.
RENTAL TIMES AND PRICES ARE PROVIDED DURING ONLINE BOOKING. RENTAL CRAFT MUST BE RETURNED WITH THE SAME AMOUNT OF FUEL AS WHEN IT LEFT OR LESSEE WILL BE CHARGED SEPARATELY.
NO REFUND FOR EARLY RETURN HOWEVER RENTAL FEE WILL BE PRORATED BASED ON THE TIME USED DUE TO INCLEMENT WEATHER CONDITIONS (SEE PARAGRAPH 8).
NO REFUND FOR HOLIDAY OR SPECIAL EVENT WEEKEND BOOKINGS (RENTAL CREDIT ONLY). HOLIDAYS INCLUDE MEMORIAL DAY, JULY 4TH AND LABOR DAY. SPECIAL EVENTS INCLUDE BUT NOT LIMITED TO BLARNEY GRAS WEEKEND. RENTAL PRICE PREMIUM OF 50% WILL BE ADDED TO HOLIDAY OR SPECIAL EVENT WEEKEND BOOKINGS.
WEEKDAY AND WEEKEND BOOKINGS CANCELLED NO LESS THAN 48 HOURS FROM BOOKING DATE WILL RECEIVE A FULL REFUND.
WEEKDAY AND WEEKEND BOOKINGS CANCELLED LESS THAN 48 HOURS PRIOR WILL RECEIVE RENTAL CREDIT ONLY.
RENTAL CRAFT MUST BE RETURNED ON TIME, WITH EXCEPTION TO BREAKDOWN OR OTHER SITUATION BEYOND THE LESSEE(S) CONTROL, PELICAN BAY WILL CHARGE OVERTIME NO EXCEPTIONS.
RENTAL CRAFT MUST ONLY BE OPERATED ON THE MAIN LAKES AND/OR CHANNELS THAT LEAD TO THE MAIN LAKES.
NO PETS OF ANY KIND ARE ALLOWED ON RENTAL CRAFT.
chainolakesboatrentals.com is owned and operated by PELICAN BAY MARINA. This agreement is between PELICAN BAY MARINA (LESSOR) and the signatory of this agreement (LESSEE(S)) only.
In consideration of the agreement herein, LESSOR does lease to the undersigned (herein referred to as the LESSEE) the craft and equipment described herein. LESSEE agrees said craft will not be occupied by a greater number of persons than is shown in this rental agreement. In the event the craft is not returned at the time specified herein, said LESSEE agrees to pay OVERTIME AT THE RATE OF $50 PER EVERY 15 MINUTE PERIOD BEYOND THE RENTAL PERIOD WHICH WILL BE CHARGED SEPARATE AND IN ADDITION TO THE AGREED RENTAL CHARGE.
THE LESSEE CERTIFIES THAT HE/SHE HAS EXAMINED THE CRAFT AND THE EQUIPMENT AND FINDS IT ACCEPTABLE AND SUITABLE FOR THE PURPOSE FOR WHICH IT IS LEASED. THAT HE/SHE WILL OPERATE THE CRAFT IN ACCORDANCE WITH ALL SAFETY RULES AND REGULATIONS AS POSTED IN THIS OFFICE OR ON THE CRAFT, AND FURTHER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTANDS SAID RULES AND REGULATIONS.
LESSEE AGREES TO REPORT ANY ACCIDENT, MALFUNCTION OR BREAKDOWN OF RENTAL CRAFT TO LESSOR IMMEDIATELY IN ACCORDANCE WITH PARAGRAPH SIX (6) OF THIS AGREEMENT.
LESSEE(S) agrees that he’she is experienced and capable in all aspects of the handling and operation of a craft such as the one selected during online booking.
1) The LESSEE acknowledges he/she has carefully examined the craft and finds it suitable for the purpose for which it is leased, and that other accessory equipment is in suitable and acceptable condition; that he/she will maintain both craft and equipment in a safe, dependable condition while in his/her custody. LESSEE agrees to be personally responsible for the initial $2000 of damage sustained due to LESSEE(S) negligent operation which leads to damage to the vessel and/or equipment. For example; damaged Propeller, damaged Bimini Top, missing Safety Equipment. etc.
2) Deposit shall be retained by the LESSOR as partial compensation for failing to return said rental craft in as good condition, ordinary wear and tear excluded, as when received; for reimbursement of articles damaged, missing or broken; or to be applied to the rental charges upon return of the craft by LESSEE.
3) LESSEE agrees not to use, nor permit the use:
a. of the rental craft for any unlawful purpose;
b. of the rental craft in a careless or negligent manner;
c. of the rental craft while under the influence of liquor and/or narcotics;
d. by any other person not the signatory of this agreement, or not equally qualified.
e. of the rental craft in areas other than the main Lakes and Channels which lead to the main Lakes.
4) LESSEE acknowledges his/her responsibility for the safe and proper operation of the craft; and for the safety and welfare of other boaters and persons. it is AGREED AND UNDERSTOOD BY THE LESSEE that LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. LESSEE FURTHER AGREES to indemnify and hold harmless the LESSOR from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft. LESSEE further agrees to hold the LESSOR harmless should loss or damage occur to any of the LESSEE’S personal property while carried in, or on, the rental craft, including loss or damage caused by fire, water, theft or any other cause whatsoever.
5) LESSEE expressly agrees to indemnify and hold LESSOR harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of the foregoing rental contract by LESSOR to recover possession of said rented property and/or to enforce any of the terms and conditions and/or provisions hereof. It is understood and agreed that Venue of any action hereunder shall be in the county of LESSOR.
6) In the event of malfunction, breakdown, or in any defect is discovered after acceptance of the rental craft that LESSEE will immediately report same to LESSOR 224-277-5231. Continued use of it shall be entirely at the LESSEE’S risk and thus LESSEE assumes all liabilities of injury and damage to all persons and property that may become involved by its continued use.
7) LESSOR’S ability to provide a rental craft, if reserved, is contingent upon and subject to the return of the unit by the previous lessee, or any other cause beyond LESSOR’S control.
8) LESSOR reserves the right to cancel this rental agreement due to inclement or impending bad weather. Rental fees will be prorated based on the time used. LESSOR reserves the right to cancel this agreement due to unsafe condition caused by the LESSEE(S) at any time during the rental period.
9) The rules and regulations contained herein and as posted in the office, on the craft, and/or the grounds by the LESSOR are for the safety and welfare of all who use the facilities. The LESSEE certifies that he/she has read and understands said rules and regulations, and further assumes the responsibility to see that his/her family and/or guest (s) will obey the rules.
10) Should any term or condition of this Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforce-ability of the remainder shall not be affected and will remain in full force and effect.
11) THE TERMS AND CONDITIONS OF THIS CONTRACT, IN ADDITION TO THE ONLINE BOOKING APPLICATION, CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, VERBAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS RENTAL AGREEMENT.