Terms & Conditions

1.1 Nauteco PTY LTD, trading as 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 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.

1.2 General opening hours of Nauti Picnics are: Monday and Sunday from 7.45am until 7pm (or during daylight hours) 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 seasonal

1.3 The Customer must be 20 or older to drive the vessel. Children cannot under any circumstances be in control of the boat.

1.4 The vessel is suitable for carrying up to 8 people on G6 and 4 people on Feelin’ Nauti. 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.

1.5 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.

1.6 General responsibilities of the Customer:

• • Customer shall understand and always abide by safety and operating instructions provided by Nauti Picnics.
  • Customer shall practise a ‘safety first’ mentality, and not take risks.
  • Customer shall cruise within the operating boundaries as directed by Nauti Picnics, stipulated in the maps and not outside these boundaries. The boat has to stay away from the shallow waters and not be beached (incur a $1000 penalty). The boat is GPS tracked.
  • Customer shall not moor the vessel at places which prohibition signs apply or which may cause damage, included but not limited to under bridges and to
  • Customer shall respect others on or near the water, ensuring not to cause excessive noise/nuisance, including public jetty areas.
  • Customer shall not overload boat, including exceeding maximum number of people and
  • There is no transport of people from one place to another. Carrying more people than the boat is registered for, even when docked on a jetty, will incur a $500 penalty
  • During the Safety Induction at the jetty, further regulations and rules in regards to the boat will be introduced and agreed. The Customer is obligated to follow these and stay safe on the river.

2.1 The rental period begins at the arranged time as stated in your conformation. This time includes a mandatory safety induction which every participant will need to attend. 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, the vessel will be retrieved from the water and hire time forfeited.

2.2 Should Customer wish to extend the rental period whilst on the river, 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 (not subject to booking fee). Nauti Picnics will then extend the rental period as requested.

2.3 Should Customer not return the vessel at the stipulated time, all extra time will be charged at $50 per every 15min started.

2.4 Should the Customer return the vessel late, or on time, but damaged, and that results in the cancellation of the next booking that day, the customer will be charged for that boat booking as well.

2.5 If Customer does not use the full reserved time and returns the vessel early, the Customer is not entitles to a refund or any sort for unused time, unless agreed upon explicitly with Nauti Picnics before trip. The Customer do have to contact Nauti to arrange the boat to be moored earlier. The boat cannot be left unattended

2.6 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. Leaving the boat unattended at the jetty will incur a $300 penalty

3.1 At the beginning of the rental period, Nauti Picnics shall ensure to provide Customer with access to use of 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.

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

3.3 The Customer is obligated by these term and conditions which have been accepted at the time of booking and is not to be interpreted and changed by the Customer

3.4 The Customer shall not transfer vessel to a third party during the 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). A $300 fee applies which will be deducted from Customers credit card if the boat is left unattended at the end of the hire. Any further recovery costs shall also be charged to the Customer.

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

3.6 Customer will ensure all children 10 and under wear the provided lifejackets for the full duration of the hire. Life jackets for children will have to be booked prior to the boating day

3.7 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.

3.8 The Customer will return the vessel in a 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. Nauti Picnics reserves the right to charge a cleaning fee when Customer brings a vessel back in a dirty state beyond normal use.

3.9 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.

3.10 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.

3.11 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

3.12 If the boat has a malfunction during your rental (either prior or during), that is not negligence from the company, the company will work on a case by case basis to fix the problem. If you have been made aware of a malfunction and you accept the rental, you are not entitled to a refund. If the rental can continue then you will be allowed to carry on, if the rental has to be terminated, the company will arrange another rental for the the Customer on a different day, depending on availability. No money will be refunded in these cases. In the case the event of having to reschedule the rental, the Customer will have to 3 months to use the reservation (if this happens close to Nauti Picnics shutdown in July and August, the time will continue into the new season)

 4.1 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 Non agreed extensions will be charged at 15min increments from the end of the original rental period. Payments are to be settled at the time of booking

4.2 Nauti Picnics do not take deposits nor a security bond. Customer agree that their credit card is their bond.

4.3 At the time of booking, a 6% booking fee will be added to the base price displayed. Unless you are a ShipYeah! member.

4.4 Nauti Picnics is entitled to charge Customers credit card for ShipYeah! memberships, Weather Protection and in the event of damage or when the Customer does not return the vessel to Nauti Picnics at the agreed upon Customers Credit Card is the security bond.

4.5 In the event that any of the above and in point 5 below will happen. Nauti Picnics will inform the Customer, deduct Credit Card and a receipt will be sent to

4.6 For Customers who have purchased The Weather Protection at the time of booking (not available after) will receive a full refund, minus the price of the protection only if we, the company, determines it is not safe to leave with the boat

5.1 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.

5.2 Non-fulfillment of these general rules by the Customer can lead to full liability for damages and any subsequent costs.

5.3 In case of recklessness, negligence and/ or the non-fulfillment of any directions of Nauti Picnics, the Customer may be held fully responsible for any subsequent damages without Nauti Picnics engaging own insurance.

5.4 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.

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

5.6 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.

5.7 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.

5.8 a) Subject to clause 5.8(c), the Customer will indemnify (and will keep indemnified) Nauti Picnics and its personnel (Indemnified Parties) from and against all actions, suits, proceedings, demands, losses, liabilities, costs and expenses of any kind (Liabilities) that any Indemnified Party suffers, sustains or incurs, arising from any one or more of the following:

(i) the breach by the Customer or its Personnel of any of the Customer’s obligations (including any warranty) under these terms and conditions;

(ii) any act or omission, including misconduct, by the Customer or its personnel arising out of these terms and conditions or the (hire or use of the vessel; or

(iii) any claim made against any of the Indemnified Parties by the Customer or its personnel in respect of relevant legislation concerning income tax, workers’ compensation, annual leave, long service leave, superannuation or any applicable award, determination or agreement of a competent industrial tribunal.

(b) Subject to clause 5.8(c), but without limiting anything in clause 5.8(a), the Customer is liable for, and indemnifies (and shall keep indemnified) Nauti Picnics (to the maximum extent permitted by law) against:

(i) loss of or damage to any property of Nauti Picnics; and

(ii) claims by any person against the Indemnified Parties in respect of illness, personal injury or death or loss of or damage to any property, arising out of or as a consequence of the use of the vessel by the Customer including where there has been any failure by the Customer to take reasonable care.

(c) The Customer will not be liable under to the extent that the Liability was caused, or contributed to, by (as the case requires) Nauti Picnics’ negligent acts or omissions or wilful misconduct.

(d) It is not necessary for Nauti Picnics, or its personnel to incur expense or make payment before enforcing a right of indemnity conferred by these terms and conditions.

*Damage fees and additional costs are outlined as follows
Damage to:

• Propeller $280 minimum
• Seating cushions $650 minimum
• Engine $5400 minimum
• Throttle $400
• Bimini $1300
• Life jackets – adult $20, children $75
• Fiberglass damage $750 minimum
• Table $700
  – Labour is additional

Additional costs to be aware of:

• Booking fee 6% of hire cost
• Late fee $50 at the beginning of every 15 minutes late on return
• Liability fee $1000
• Extension cost $90 per hour (at discretion of Nauti Picnics)
• Cleaning fee $50 (excessive spillage and mess)
• Beaching $1000
• Abandonment fee $300

*These fees are subject to change based upon evaluation and loss of income

*Any fines that occur on the river ie. authority stipulations are the responsibility of the participant

The Hirer acknowledges that the information provided by the Hirer to Nauti Picnics may be supplied to a credit reporting or debt collection agency in the event that the Hirer fails to make payment as required under this agreement and may be supplied to other persons in order to give effect to the terms of this agreement.

The Hirer agrees that the Hirer’s personal information may be used and retained by the Company for the following purposes and as required by law from time to time:

• Provision of the Boat/Services.
• Marketing of Boat/Services by Nauti Picnics, including by electronic message.
• The Collection of monies owed to Nauti Picnics

8.1 Customer may only reschedule for unforeseen reasons up until 72 hours before the initial bookings start at no cost to

8.2 Every subsequent rescheduling after the initial one cost $15 which will be deducted from your encrypted credit card. If there is no money on the card or the card has been blocked, there will be no rescheduling and your hire will be forfeited.

8.3 Rescheduling within 72 hours of the booking will result in forfeiting your original booking and will need to rebook a new hire. Non-attendance at agreed time shall result in a forfeit of booking. Any rescheduling offered within 72 hours is at sole discretion of Nauti Picnics.

8.4 Cancellations and full refund of bookings is only permitted 14+ days prior to start of the initial booking. Cancellations and full refunds are not permitted on rescheduled hires. This means if your original booking has been rescheduled, you will only be permitted to continue to reschedule at a cost. See point 8.2. Or sell or transfer the hire to another person.
Nauti Picnics will have to be notified.
After this it is at the discretion of Nauti Picnics.
No refunds if cancelling your rescheduled hire 14 days or less prior.

8.5 In the off chance of bad weather and Nauti Picnics needs to cancel the booking due to your safety, Nauti Picnics offers free rescheduling within 3 months. If this is not suitable for you, you may transfer your booking to others who can attend.
If you do not live in Perth and it’s difficult for you to come back within 3 months, Nauti Picnics recommend to take out a Weather Protection at the time of your booking.
If you have paid for a Weather Protection ($50 per hire), you will receive a full refund (apart from the $50).

8.6 If Customer blocks their credit card, Nauti Picnics will take further action to claim monies via debt collector or the courts.

8.7 Nauti Picnics will only reschedule in case of inclement weather (unless you have a Weather Protection). We rely on the weather and this is part of  boating. We do not give refund if a surprise party/celebration doesn’t happen due to a situation out of our control.

          8.8 Gift cards bought online are valid for 3 years from the date it was bought. Gift Cards are non refundable, even after a reschedule, as it was initially a gift card. This means when you choose to redeem the gift card, normal terms and conditions comes into play except that it is non-refundable. If you choose to cancel your boat hire after paying with a gift card,  you will only be allowed to reschedule.
Gift cards given as credit for boat hire, i.e. Nauti Picnics had to cancel the hire due to the weather, we will not reimburse your original gift card, but we issue a gift card as a credit, and it will only be valid for 3 months from the day it was issued.
We do not refund credit even if you cancel in advance.

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. Credit in the form of a gift card is only valid for 3months from the date of issue

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

9.2 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.

9.3 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.