Terms & Conditions

Definitions

• Equipment: Any kayak, seat, paddle, PFD (life jacket), dry bag, anchor/rod holder, trolley, roof straps, or other item hired from us.

• Hire Period: The period between collection/delivery and return/collection by us as stated in the booking or as otherwise agreed.

• Site: The location of launch/collection/return as specified in your booking or by us.

• Participant: Any person who uses the Equipment during the Hire Period.

• Force Majeure Event: An event beyond our reasonable control, including severe weather, natural disaster, pandemic restrictions, government directions, and similar events.

 

Eligibility and Competency

• Minimum age: Renters must be 18+ years old. Participants under 18 must be accompanied and supervised at all times by a responsible adult who accepts full responsibility.

• Competency: You warrant that all Participants are physically fit, competent swimmers, and capable of safely operating the Equipment.

• Alcohol and drugs: You must not operate Equipment under the influence of alcohol, drugs, or medication that may impair judgment or ability.

 

Safety Requirements

• Personal flotation devices (PFDs) must be worn correctly and at all times while on the water.

• You must comply with all applicable laws, maritime rules, and local regulations, including those of Marine Safety Victoria, or the relevant state/territory maritime authority for the waters you use.

• Weather and conditions: You are responsible for assessing weather, tide, swell, current, visibility, and other conditions before and during use. Do not launch in unsafe conditions.

• Operating limits: Stay within sheltered waters unless otherwise agreed in writing. Night use is prohibited unless expressly allowed with proper lighting and safety gear.

• Communication: Carry a charged mobile phone or VHF (where applicable) and inform a shore contact of your plan and return time.

• Fishing safety: Handle hooks, knives, and fishing equipment carefully.

• Weight and load limits: Do not exceed the manufacturer’s capacity limits. Secure all items.

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Bookings and Payment

• Booking confirmation occurs only when payment is received and you receive our written confirmation.

• Prices are in Australian dollars (AUD) and include GST unless stated otherwise.

• Deposit: We may require a refundable security deposit. Deductions may be made for damage, loss, late return, cleaning, or breach of these Terms.

• Identification: Valid government-issued photo ID and proof of address may be required at collection/delivery.

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Cancellations, Changes, and Refunds

• Your cancellation: As detailed in the Refund Policy.

• ​Our cancellation: We may cancel or reschedule due to weather, safety, operational issues, or a Force Majeure Event. You will receive a refund or credit at your choice, excluding consequential losses.

• Early returns: No refunds for unused time once the Hire Period has commenced, unless required by Australian Consumer Law (ACL).

 

Australian Consumer Law

Nothing in these Terms limits your rights under the ACL. Where the ACL applies, you may be entitled to a repair, replacement, or refund for a major failure and compensation for reasonably foreseeable loss. Services must be provided with due care and skill.

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Collection, Delivery, and Return

• You must inspect Equipment at handover and notify us of any pre-existing damage before departure.

• Return Equipment to the agreed Site and time in clean condition, free of sand, mud, fish waste, and debris.

• Late return fees may apply at the daily-rate, with a minimum late fee of $50.

• Abandoned Equipment: If you request unscheduled retrieval, retrieval fees apply. You remain responsible until we regain possession.

 

Use Restrictions

• Prohibited activities include:

  • Whitewater, surf zones beyond your capability, offshore beyond 1km, or prohibited areas.

  • Towing or being towed, commercial use, races, or instruction without our written consent.

  • Modifications to Equipment or removing safety labels.

• Roof transport: If transporting on your vehicle, you are responsible for safe loading, securing, and compliance with road laws. We are not liable for transit incidents once in your possession.

 

Care of Equipment; Damage and Loss

• You are responsible for the Equipment from handover until return.

• Do not drag kayaks on abrasive surfaces; use provided wheels where applicable.

• Rinse with fresh water after saltwater use.

• You must immediately notify us of any incident, damage, loss, or theft and cooperate with our investigation.

• Charges: Repair costs, replacement at current retail value for loss/theft/irreparable damage, and loss-of-hire fees may apply.

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Risks and Assumption of Responsibility

• Kayaking and fishing involve inherent risks including drowning, hypothermia, collision, capsizing, marine life, weather changes, and equipment failure.

• To the maximum extent permitted by law and subject to the ACL, you and all Participants:

  • Accept all risks arising from participation; and

  • Are responsible for your own safety and the safety of minors in your care.

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Liability and Indemnity

• To the maximum extent permitted by law and subject to the ACL:

  • Our liability is limited to resupplying the services or paying the cost of having the services resupplied.

  • We are not liable for indirect or consequential loss, loss of profit, or loss of opportunity.

• You indemnify us and our employees, contractors, and agents against claims, damages, penalties, costs, and expenses arising from:

  • Your breach of these Terms or any law;

  • Injury to any person or damage to property connected with your use of the Equipment; and

  • Loss, theft, or damage to the Equipment while in your possession.

• Nothing limits liability for death or personal injury caused by our negligence where such limitation is prohibited by law.

 

Health, Medical, and Insurance

• You warrant that Participants do not have medical conditions that would make participation unsafe.

• You are responsible for personal insurance, including but not limited to ambulance cover, personal accident, and travel insurance.

• We recommend you carry sun protection, hydration, and appropriate clothing.

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Privacy

• We collect, use, and disclose personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth).

• We may collect ID, contact details, and payment information for booking, safety, and compliance purposes. You consent to us contacting you regarding your booking and safety notifications.

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Photography and Media

• We may take photos or videos during activities for safety and promotional purposes. If you do not wish to be included, please inform us before your session. We will respect reasonable requests not to publish identifiable images.

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Fishing Regulations and Environmental Care

• You must comply with all applicable fishing rules, size and bag limits, and licensing requirements for the relevant state or territory.

• Respect marine parks, no-take zones, and cultural heritage sites.

• Leave no trace: Take all waste with you; avoid disturbing wildlife and seagrass beds.

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Security Deposit, Fines, and Fees

• We may charge your card for:

  • Security deposit and permitted deductions;

  • Cleaning fees for excessive soiling (e.g., fish waste, bait);

  • Fines or penalties issued due to your conduct or breach of laws; and

  • Retrieval, late return, repair, and replacement costs.

• An itemised statement will be provided upon request.

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Waivers and Acknowledgements

• You agree to sign our risk waiver and safety acknowledgment prior to use. Refusal will result in cancellation without refund.

• For minors, the parent/guardian must sign on their behalf.

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Gift Cards and Credits

• Gift cards and credits are non-refundable, transferable, and valid for 1 year from issue unless otherwise required by law.

• Lost or stolen gift cards will not be replaced.

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Vouchers, Promotions, and Third-Party Bookings

• Additional terms may apply to promotions or third-party marketplace bookings. In case of inconsistency, these Terms prevail to the extent permitted by law.

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Complaints and Dispute Resolution

• Please contact us promptly with any complaint so we can attempt to resolve it.

• These Terms are governed by the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of its courts.

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Changes to Terms

• We may update these Terms at any time by posting the updated version on our website. The version applicable to your booking is the version in force at the time you made your booking.

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Contact Details

Peninsula Fishing Kayak Rentals
ABN: 14853804591
Phone: +61 438 712 205
Email: bookings@pfkrentals.com.au
Address: 10a Kent Street, Mornington, 3931, VIC, Australia
Website: www.pfkrentals.com.au

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