Terms and Conditions

1. Parties and application

These Website Terms and Conditions (Terms) govern access to and use of this site (Website), operated by The Trustee for Fox Hire Services Trust, trading as Foxtale Houseboats (we, us or our).

By accessing or using the Website, making a booking or clicking an acceptance control, you agree to these Terms. If you do not agree, you must not use the Website or complete the relevant transaction.

Additional terms may apply to particular services, quotations, bookings or promotions. If additional terms conflict with these Terms, the additional terms apply to the extent of the inconsistency for the relevant transaction, subject to applicable law.

2. Eligibility and authority

You must have legal capacity to enter into a binding contract. If you use the Website on behalf of an organisation, you warrant that you have authority to bind that organisation. A parent or legal guardian must approve use or purchases by a person who lacks contractual capacity, where permitted.

3. Changes to these Terms

We may amend these Terms prospectively by publishing an updated version with a new published date. Changes do not retrospectively alter a completed transaction unless required by law or agreed by the parties. If a material change is detrimental, any cancellation right stated in these Terms or applicable law will apply.

4. Website information and reliance

We take reasonable care when preparing Website content, but content may contain errors, omissions or outdated information. General Website content is not tailored advice. You should make your own enquiries and obtain professional advice where appropriate. Nothing in this clause excludes liability for misleading or deceptive conduct or any other liability that cannot lawfully be excluded.

5. Intellectual property

Unless stated otherwise, the Website and its content, including text, graphics, logos, branding, images, video, documents, software, code and design, are owned by or licensed to us and are protected by intellectual property law.

We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Website for personal use or legitimate internal business purposes. You must not reproduce, adapt, distribute, republish, commercialise, reverse engineer or remove rights notices from Website content without prior written permission, except as permitted by law.

6. Acceptable use and security

You must not:

• use the Website unlawfully, fraudulently or to infringe another person’s rights
• attempt unauthorised access or circumvent security controls
• introduce malware, malicious code or harmful content
• scrape, crawl or use automated extraction tools without permission, except for ordinary search-engine indexing
• interfere with Website availability, integrity or operation
• submit false, misleading, defamatory, offensive or unlawful material
• misuse payment methods or another person’s information

We may take reasonable protective action, including restricting access, removing content and reporting suspected unlawful activity. Any action will be subject to applicable law and the terms governing paid services.

7. Third-party websites and services

The Website may link to or integrate third-party websites, payment providers, booking systems, maps, social platforms and other services. Third parties operate under their own terms and policies. A link or integration does not of itself constitute endorsement. We are not responsible for a third party’s acts or omissions except to the extent we cannot lawfully exclude responsibility.

8. Website availability

We may maintain, modify, suspend or discontinue Website functionality. We do not promise uninterrupted or error-free access.

9. Privacy

Our Privacy Policy explains how we handle personal information. It forms a separate policy and does not reduce any obligation imposed by privacy law.

10. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy, condition or warranty conferred by the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), or any other law that cannot lawfully be excluded, restricted or modified.

Consumer guarantees apply automatically where the ACL applies. For services, they may include due care and skill, fitness for a stated purpose and supply within a reasonable time where no time is fixed.

Consumer guarantees are not limited to any voluntary warranty or stated warranty period. Any warranty we provide is additional to, and does not replace, rights and remedies under the ACL.

11. ACL remedies for services

11.1 Major failure with services

Where a service has a major failure, the consumer may cancel the service contract and obtain a refund for the unused portion, or continue the contract and recover compensation for the difference between the service supplied and the price paid, subject to the ACL. A service failure may be major where a reasonable consumer would not have acquired the service had the nature and extent of the failure been known, the service is substantially unfit for its common or disclosed purpose and cannot readily be made fit within a reasonable time, or the service creates an unsafe situation.

11.2 Non-major, remediable failure with services

Where a service failure is not major and can be remedied, we may remedy the failure within a reasonable time. If we do not do so, the consumer may have the failure remedied elsewhere and recover reasonable costs, or cancel the contract where permitted by the ACL.

11.3 Consequential loss

A consumer may also be entitled to compensation for reasonably foreseeable loss or damage caused by a failure to comply with a consumer guarantee. Nothing in these Terms limits that entitlement where it cannot lawfully be limited.

12. Refunds

12.1 ACL refunds

Refunds required by the ACL will be provided as required by law. We will not substitute a credit for a monetary refund unless the consumer agrees or a credit is otherwise permitted by law. Refunds will ordinarily be made using the original payment method, unless that method is unavailable or another method is agreed.

12.2 Refund processing

We will process refunds we are required to provide under the ACL within a reasonable time. Any other refund, including a change-of-mind refund, is at our discretion. Financial institutions or payment providers may require additional processing time outside our control. Any timeframe stated here does not permit us to delay an ACL remedy unreasonably.

13. Cancellations and deposits

A customer may request cancellation of a booking in writing. A cancellation request is effective when received by us in writing at the contact details provided in these Terms. Cancellation of a houseboat booking is subject to our Cancellation Policy and the Houseboat Hire Terms in clause 21. If third-party costs have been incurred, any refund may be reduced to reflect reasonable costs, work performed, committed costs and applicable law. This clause does not limit any right or remedy available under the ACL.

13.1 Cancellation fees

Any cancellation fee, retained deposit or administration charge must be clearly disclosed before the transaction and must be reasonably related to costs, losses, work performed, capacity reserved and the timing of cancellation. It is not intended to operate as a penalty. If the amount retained would exceed our reasonable loss or is otherwise unlawful or unfair, it will be reduced to the lawful amount.

13.2 Deposits and prepayments

A deposit or prepayment will be applied to the purchase price. If the customer cancels, we may retain only the amount permitted by the agreed cancellation policy and applicable law. If we cancel and do not provide an equivalent alternative accepted by the customer, we will refund amounts paid for the unprovided services, subject to non-excludable rights and any lawful exception.

13.3 Cancellation by us

We may cancel or suspend a transaction where supply is unavailable, payment is not received, information is materially incorrect, fraud or unlawful conduct is reasonably suspected, safety is at risk, or an event outside reasonable control prevents supply. We will give reasonable notice where practicable and provide any refund, alternative supply or other remedy required by law. We will not rely on this clause to avoid responsibility for matters within our reasonable control where doing so would be unlawful or unfair.

13.4 Cooling-off rights

A cooling-off right applies only where provided by law or expressly offered in the applicable transaction terms. Nothing in this clause limits cooling-off rights applying to unsolicited consumer agreements or another regulated transaction.

14. Limitation of liability

To the maximum extent permitted by law, we exclude liability arising solely from general Website use for indirect or consequential loss that was not reasonably foreseeable, and for loss caused by matters outside our reasonable control. This exclusion does not apply to liability that cannot lawfully be excluded or limited, including liability arising under non-excludable consumer guarantees.

Where the ACL permits liability for services not ordinarily acquired for personal, domestic or household use or consumption to be limited, our liability may, at our option, be limited to supplying the services again or paying the cost of having the services supplied again. This limitation does not apply where it would be unfair or unreasonable, or where the law does not permit it.

15. Indemnity

To the extent permitted by law, you indemnify us against loss reasonably incurred because of your unlawful use of the Website, material breach of these Terms or infringement of third-party rights. The indemnity is reduced to the extent that our act or omission, or that of another person, caused or contributed to the loss. It does not apply to the extent it would be unfair, unlawful or exclude a non-excludable right.

16. Suspension and termination

We may suspend or terminate access where reasonably necessary because of a material breach, unlawful conduct, non-payment, fraud, security risk or misuse. For paid services, we will comply with applicable notice, refund and termination requirements. Clauses intended to survive termination, including intellectual property, accrued payment obligations, liability provisions and dispute terms, continue to apply.

17. Disputes and complaints

Contact us first using the details below and provide enough information for us to review the issue. We will act reasonably and attempt to resolve the matter. Nothing in this clause prevents either party from exercising a statutory right, contacting a regulator or consumer protection agency, or seeking urgent or other lawful relief.

18. General provisions

If any provision is invalid, illegal or unenforceable, it will be read down to the minimum extent necessary or severed, without affecting the remaining provisions. A failure to enforce a right is not a waiver. We may assign these Terms as part of a genuine business sale or restructure where lawful and where the assignment does not materially reduce a consumer’s rights. You may not assign your rights or obligations without consent where the nature of the arrangement reasonably requires our consent.

19. Governing law

These Terms are governed by the laws of South Australia and Australia. The courts of South Australia and courts entitled to hear appeals from them have non-exclusive jurisdiction. This clause does not prevent a consumer from relying on a right to bring proceedings in another jurisdiction where applicable law permits.

20. Bookings

20.1 Booking confirmation

A booking is confirmed when we send you a booking confirmation, which we do when your deposit is received. The customer must check dates, inclusions, guest numbers, pets, accessibility requirements and price.

20.2 Cancellations and no-shows

The booking cancellation, no-show and amendment rules are set out in our Cancellation Policy and in the Houseboat Hire Terms in clause 21. Any fee or retained amount will be disclosed before booking and will be applied subject to the ACL and unfair contract term laws.

20.3 Operator changes

We may make reasonable operational changes. If a material change means the contracted service cannot be supplied, we will offer an appropriate alternative or remedy as required by law. Customer acceptance of an alternative does not waive non-excludable rights.

21. Houseboat hire terms

Acceptance: Payment of deposit &/ or balance constitutes acceptance of the terms and conditions.

Deposit: min $800 payable to us immediately to confirm your booking. Sorry, we cannot hold tentative bookings.

Final Payment: The final payment is due no later than 8 weeks prior to departure during normal and off season. It is due 12 weeks prior in peak season.

Security Bond: The bond for each houseboat is shown on its houseboat page and is payable by cash on boarding. This will be refunded via EFT within 14 – 21 days, less fuel & gas costs when the boat is returned on time in a clean, tidy and respectful condition. Any excess cleaning, damages or losses will be charged at cost.

Smoke Free: Foxtale houseboats has an indoor smoke free environment. Smoking is allowed on the outside decks. Additional cleaning charges will apply for breach of our smoking policy.

Pet Friendly: Foxtale Houseboats are a pet friendly fleet and we welcome your pets onboard Murray Entertainer and Foxtale 3, we ask for your pets to stay off of the furniture, a $50 cleaning fee will be deducted from your bond if we find excess hair or stains from your pet on the carpet.

Cancellations: In the event of cancellation of the booking, no money will be refunded until the houseboat is re-booked for the relevant hire period. A re-booking fee of $50 will be charged and deducted from the refund. Where booking cancellation occurs and the houseboat cannot be re-booked for that hire period, the owner reserves the right, at its discretion, to retain all or part of the monies paid.

Management Cancellations: The managers/owners will make every effort to ensure the houseboat is available as booked. However, they reserve the right to make alteration of houseboat, dates etc, and will advise guests at the first available opportunity. A management or owner cancellation will afford a full deposit refund.

More Information:

• Boarding from 3pm and disembarking no later than 9.30am
• Charges will apply for late return of boat ($50 per hour or part thereof). If late return of vessel causes interruption to business or unreasonable delay and expence in business operations the responsible hirer will be charged accordingly for any loss in income.
• All booking on Foxtale Houseboats will be subject to an accidental/wilful damage policy, a no smoking policy and an excess cleaning policy.
• The person responsible for the hire of Foxtale houseboats must be over the age of 21 years and present a current full car or boat licence.
• Fuel is at the hirer’s expense, crafts are full on departure and are refueled on return.
• CALLOUTS – callouts are charged at $75 per hour if fault of hirer. This includes grounding the vessel on a sand bar. A higher fee will apply if another houseboat is required to assist with refloating, as two staff members will be required to be present. Please listen to show out instruction carefully, and follow the River Pilot maps supplied very closely!
• The security bond will be returned within 14 – 21 days via EFT- less fuel and other costs if boat is returned on time. If damage or loss of items has occurred on your trip, then the security bond will be kept until damage or loss has been assessed. The difference will be returned; however, if more money is owed than the security bond paid by the person booking, that person will be responsible for that debt. Damaged, stolen or lost items must be paid at replacement cost.
• Boat condition: we agree to have the boat in good working order but will not be obliged to compensate the hirers for any loss of time or misfortune due to mechanical failure.
• Unnecessary call-outs will be charged.
• In the event of cancellation, the owners reserve the right not to refund, subject to the hire period being re-booked.
• The number of persons on board must not exceed the marine regulations.
• Instruction will be given on handling the craft by marina staff/owners and they reserve the right to refuse a hire without compensation.
• The boat must not be driven at night or in inclement conditions. The boat must remain stationary with all four ropes tied securely in the event of a storm.

The owners/marina staff reserve the right to refuse any person or persons the use of the craft without compensation.

** NO FIREARMS, NO KEGS OF BEER, NO AXES AND NO TRAIL BIKES ARE PERMITTED ONBOARD THE HOUSEBOATS **

22. Contact details

The Trustee for Fox Hire Services Trust
Trading as: Foxtale Houseboats
ABN: 17 358 201 801
Address: 260 Morphett Flat Road, Morgan SA 5320
Phone: 0418 400 201
Email: hire@foxtalehouseboats.com.au
Website: foxtalehouseboats.com.au