TERMS AND CONDITIONS

  1. The Rental These Rental Terms and Conditions, together with any additional agreement signed by the Renter, as well as any documents or agreements (or links to online documents and agreements) sent to the renter electronically in connection with their rental, constitute this Agreement between the Renter and Island Time Boat Rentals. (“ITBR”).
  2. The Renter. “The Renter” is the person who will be renting the Boat under their legal name and signing and accepting this
  3. The Rental. The Renter is renting from ITBR, the equipment more fully described in Part B to this Agreement (the “Boat”) for short-term personal The rental is solely a transfer of possession and not of ownership of the Boat. The Renter understands and accepts that that they are not an agent ofITBR in any way or for any purpose; and that they cannot assign, delegate, or transfer any of their obligations under this Agreement.
  4. Changes. Any change to this Agreement must be in writing and signed by an authorized ITBR representative. The Renter further agrees that ITBR has the sole right to change these Terms and Conditions from time to time either upon written notice to the Renter, in paper or electronic form, or upon posting such changes on ITBR’s website. Such changes will apply to rentals that the Renter reserves after such notice has been given, as indicated by the date of the notice, if sent in written form, or the date the changes are posted on ITBR’s website, without any requirement by the Renter to sign the changed Terms and Conditions.
  5. Renter Requirements. The Renter represents to ITBR that they are at least 21 years old, are a competent and validly licensed operator, and will remain a competent and validly licensed operator throughout the term of their rental. The Renter agrees that ITBR has the right to verify that their license has been validly issued and is in good standing as a condition precedent to each ITBR, in its sole discretion, may refuse to rent the Boat to the Renter if ITBR determines that the Renter or additional operator is not competent to operate the Boat. ITBR may also refuse to rent the Boat to the renter if their license is not in good standing and reserve the right to deny rentals based upon (i) information about the Renter’s license status, (ii) authenticity of the Renter’s boat license or other credentials, (iii) the inability to verify the Renter’s identity or payment methods, or (iv) any other information received from any other source in the business of validating an identity or the Renter’s credentials that ITBR believes to be reliable.
  6. Additional Operators. Any person other than the Renter that operates the Boat will be required by ITBR to complete and sign the additional operator form found at Part D to this All additional operators may be required to appear at the rental counter with the Renter and present proof of their ability to operate the Boat to the satisfaction of ITBR. All additional operators may be required to present a major credit card in their name at the time of the rental. The Renter acknowledges that they will remain financially responsible under this Agreement at all times, even if the Boat is operated by someone other than the Renter.
  7. Safety of Passengers. The Renter is responsible for ensuring the safety of all passengers on board the Boat. ITBR will not be responsible for injuries or death of passengers resulting from the use of the Boat and any associated equipment.
  8. Fuel. The Renter agrees to use only fuel purchased at a gas station when refueling the Boat and agrees to return the Boat with the level of fuel indicated on Part B to this Agreement or will be charged the cost to fill the boat.
  9. Error in Rental The Renter acknowledges and understands that the amounts charged to the Renter immediately upon the return of the Boat are not final and are subject to review. The Renter agrees to pay any undercharges that may later be discovered by ITBR with respect to the Boat and this Agreement.
  10. Rental Charges for Unless otherwise agreed upon between renter and ITBR, the Renter agrees to pay ITBR for both the length of time the boat is rented, as well as for fuel. The Renter agrees to pay to ITBR the amounts set out in Part C to this Agreement for the rental of the Boat. The Renter further agrees to pay all charges that apply to the rental for miscellaneous services that may arise by the renter during the rental period. Miscellaneous fees include but are not limited to, boat cleaning fees and missing keys or remotes.
  11. Taxes. The Renter acknowledges that all pricing and fees will be subject to all applicable taxes.
  12. Boat The renter agrees to return the Boat to ITBR in the same condition as received, on the date, at the time and to the location specified in this Agreement. If the Boat is returned on a later date than that stated on this Agreement, the Renter may be charged a late return fee. The Boat may not be returned outside of the return location’s operating hours, unless specifically allowed by that location. If the Renter returns a Boat outside of return location’s operating hours, the Renter agrees to bear responsibility for damage to or loss of the Boat. The Renter further agrees to bear any and all additional charges for the late return of the Boat, as the periodic rate will continue to accrue until the return location reopens and processes the return of the Boat. If the Renter fails to return the Boat to the location specified in this Agreement, as and when required under this Agreement, the Renter may be subject to criminal penalties. The Renter agrees to return the Boat in a clean condition to avoid additional charges referred to in paragraph 8.
  13. Repossession of the Boat. The Renter acknowledges that ITBR, in its sole discretion, has the right to repossess the Boat at any time, including if the Boat is found to be illegally or improperly docked, abandoned, or being used in a manner that violates the law or the terms of this The Renter acknowledges that ITBR’s reasons for repossession provided in this Agreement are not exhaustive, and that ITBR is not required to notify the Renter before taking action to repossess the Boat. The Renter further acknowledges that ITBR may take reasonably necessary steps towards the repossession of the Boat, including but not limited to, remotely disabling the Boat’s engine, and tracking the Boat using GPS devices. The Renter agrees to pay or reimburse ITBR for the actual and reasonable costs incurred by ITBR to repossess the Boat, and that such costs will be charged to the credit card provided to ITBR by the Renter.
  14. Damage to or Loss of Boat. If the Boat is lost or damaged, the Renter acknowledges that, subject to any insurance coverage provided by ITBR’s third-party provider, the Renter will be liable for any loss or damage incurred to the Boat, regardless of the cause or who was operating the In the event that the Boat is damaged, the Renter agrees to pay ITBR’s reasonable estimated repair cost. Alternatively, if, in its sole discretion, ITBR reasonably determines it best to sell the Boat in its damaged condition, the Renter will pay the difference between the Boat’s retail fair market value and the sale proceeds. In the event of theft, the Renter will pay the greater of the Boat’s retail fair market value or the depreciated book value. The Renter acknowledges that the depreciated book value may be higher than the retail fair market value. Subject to any insurance coverage from ITBR’s third-party provider, if the Boat is damaged, stolen, or lost and is not recovered, the Renter agrees to pay ITBR for additional incidental charges, including but not limited to the loss of use of the Boat, an administrative fee, towing, and storage charges. The Renter understands and agrees that damages and losses not covered by insurance coverage provided by ITBR will be the responsibility of the Renter to pay.
  15. Repairs to the Boat. The Renter acknowledges and agrees that they are not authorized to repair or have the Boat repaired without ITBR’s express prior written consent. Should the Renter repair or have the Boat repaired without the express consent of ITBR, the Renter will pay the estimated cost to restore the Boat to the condition it was in prior to rental by the Renter.
  16. Prohibited Uses of Boat. The following actions, taken or failed to be taken, by the Renter or any other operators of the Boat will violate this Agreement:
    • Renter uses or permits the Boat to be operated: 1) by anyone other than an authorized operator as defined in paragraph 5; 2) to carry passengers or property for hire or more passengers than the Boat is meant to carry 3) to be operated in a test, race or contest; 4) while the operator is under the influence of alcohol, drugs, any controlled substance, including without limitation, any federally controlled substance listed under the Controlled Drugs and Substances Act S.C. 1996, c. 19 (a “Controlled Substance”), or medications that affect boat operation and/or constitute operating a boat while impaired under applicable law; 5) for conduct that could be charged as a crime, including the transportation of a Controlled Substance or contraband, stolen goods, illegal devices, or persons protected by prohibitions against human trafficking; or 6) recklessly or while overloaded.
    • The Renter or an additional operator, whether authorized or not: 1) fail to promptly report to ITBR any damage to or loss of the Boat when it occurs or when the Renter learns of it and provides ITBR with a written accident or incident report or fails to cooperate with ITBR’s investigation; 2) Where required by law, failed to report an accident to law enforcement; 3) obtained the Boat through fraud or misrepresentation; 4) leave the Boat and fail to remove the keys or Boat remote and the Boat is stolen or vandalized; or 5) intentionally or with willful disregard cause or allow damage to the boat.
    • The Renter or an additional operator, whether authorized or not return the Boat after hours and the Boat is damaged, stolen or vandalized or the Renter otherwise fails to take reasonable steps to secure the boat.
    • The Renter fails to securely moor or trailer the Boat when not in use and the Boat is damaged or vandalized.
    • The Renter or an additional operator operate the Boat while using a hand-held wireless communication device or other device that can receive or transmit telephonic communications, electronic data, mail or text messages shall be deemed a breach of this Agreement

THE RENTER ACKNOWLEDGES THAT A VIOLATION OF PARAGRAPH 16, WILL AUTOMATICALLY TERMINATE THIS AGREEMENT AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT THE RENTER MAY HAVE ACCEPTED. A VIOLATION OF PARAGRAPH 15 ALSO RESULTS IN THE RENTER BEING LIABLE TO ITBR FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ACTUAL LEGAL FEES, DISBURSEMENTS, AND COSTS THAT ITBR MAY INCUR AS A RESULT OF THE RENTER’S BREACH.

  1. Permitted Destinations. The Renter is not permitted to operate the Boat outside of Ontario without the express written permission of ITBR and agrees to only operate the Boat on permissible inland waterways and lakes within Ontario.
  2. All Expenses, Costs, Fines and Administrative Fees. The Renter is responsible for reimbursing ITBR for all fines, penalties, interest, and court costs incurred by the Renter during the Rental of the Reimbursements include, but are not limited to, boating infractions, storage liens, and any other charges incurred as a result of the Boat rental by the Renter. The Renter further agrees to pay a reasonable administrative fee for any violation of this Agreement, such as for ITBR’s repossession or recovery of the Boat for any reason. The Renter authorizes ITBR, at its sole discretion, to pay all infractions, fines, penalties and interest on the Renter’s behalf directly to the appropriate authority and agrees to compensate ITBR for the full amounts paid, plus a reasonable administrative fee, and actual legal fees and expenses, if applicable, which will be charged to the Renter’s credit card on file with ITBR. The Renter understands and acknowledges that ITBR may be required to cooperate with federal, provincial, municipal, and local officials with enforcing infractions committed by the Renter or another operator of the Boat, and permits ITBR to provide any information in its possession, concerning the Renter, that these officials may deem necessary.
  3. Collection Proceedings. In the event that the Renter fails to pay all amounts owed to ITBR under this Agreement upon demand, ITBR may take the following actions against the Renter: 1) demand an interest rate of 24% per annum, or the highest rate permitted by applicable law, on all past due amounts owning; 2) the Renter agrees to pay any and all costs incurred by ITBR in seeking to collect such outstanding amounts, including but not limited to, actual legal fees, administrative fees, cost of recovery, insufficient funds fees and collection fees; 3) the Renter permits ITBR, and its collection agents, to access any and all personal information provided by the Renter to ITBR in an effort to collect any amounts owing under paragraph 17; and 4) ITBR may report any deficiencies owed by the Renter to an appropriate credit reporting agency.
  4. Indemnification, The Renter agrees to defend, indemnify, and hold the manufacturer and distributor of the Boat, as well as ITBR, including all principles, directors, officers, employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of ITBR, harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, actual legal fees, and other expenses incurred by ITBR in any manner from this rental transaction or from the use of the Boat by the Renter or any person, including claims of, or liabilities to, third parties. THE RENTER WAIVES ANY AND ALL CLAIMS AGAINST ITBR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE RENTAL, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS’ LIABILITY ACT ON PART OF THE ITBR, AND ALSO INCLUDING THE FAILURE ON PART OF ITBR TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT THE RENTER FROM RISKS, DANGERS, AND HAZARDS, INCLUDING ANY WARRANTY ON PART OF ITBR in respect of the design, manufacture, selection installation, maintenance or adjustment of the Boat, or in respect of the provisions or failure to provide any warnings, directions, instructions, or guidance as to the use of the Boat.
  5. WAVIER AND RELEASE OF LIABILITY. THE RENTER FREELY ACCEPTS AND FULLY ASSUMES ALL RISK, DANGERS AND HAZARDS, AS WELL AS THE POSSIBLITY OF PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE AND LOSS THAT MAY RESULT FROM THE RENTER’S USE OF THE BOAT.
  6. Representations and Warranties. ITBR represents and warrants that to its knowledge, the Boat is in good condition and is safe for ordinary recreational operation. The Renter represents and warrants that the Renter is legally entitled to operate the Boat under the laws of Ontario and will not operate it in violation of any laws, or in any negligent or illegal The Renter also represents and warrants that the Renter can safely tow and trailer the Boat to a designated destination, as well as safely launch and recover the Boat.
  7. Seaworthiness of The Renter agrees to bring to the ITBR’s immediate attention if it is determined that the Boat is not seaworthy. Failure to inform ITBR in a timely manner may result in liability to the Renter for the damage or loss of the Boat.
  8. Cancellation. The Renter understands that if they cancel the rental less than 72 hours before the date and time specified in Part C to this Agreement, the Renter will not receive any refund. Between 72 hours and 13 days a credit will be issued to be used a later date. More than 13 days is a full refund.
  9. Insurance. ITBR provides insurance coverage on all rentals through an insurance policy with a third-party provider. The Renter acknowledges and understands that the Renter will be liable for a damage deposit in the amount of $2,500, payable immediately to ITBR in the event of a loss under the insurance policy. The Renter further agrees that if the loss is determined to exceed the insurance  policy limit, the Renter will be liable for any amounts in excess of the policy limits. ITBR’s insurer will only reimburse the Renter for sums they become legally liable to pay to a third party up to the allowable policy limit under the insurance policy.
  10. Liability. Except where required by law to be primary, any protection provided by ITBR shall be secondary to any and all applicable insurance available to the Renter or additional operator. Where any coverages by ITBR are required or implied by law that are outside the coverage purchased by the Renter from ITBR, the limits shall be the minimum required under the applicable statute.
  11. Jurisdiction and Severability. In the event of any dispute over this Agreement, this Agreement will be interpreted by the laws of the Province of Ontario. If any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remainder of the agreement would still have full force and effect.
  12. Entire Agreement. This Agreement constitutes the entire agreement between the Renter and ITBR and shall not include any other representation, promise, or warranty other than those set out in this Agreement.
  13. Miscellaneous. The Renter acknowledges that, in the event of death or incapacity, this Agreement is binding upon the Renter’s heirs, next of kin, executors, administrators, assigns, and representatives. ITBR reserves the right to transfer its rights and obligations under this Agreement to another party. This will not affect the Renter’s rights or the obligations of the provider under this Agreement. The Renter may only transfer their rights or obligations under this Agreement to another person if ITBR agrees in Should ITBR fail to insist that the renter perform any of its obligations under the Rental Agreement, or if ITBR does not enforce its rights against the renter, or delays in doing so, that will not mean that ITBR has waived its rights against the renter and will not mean that the renter does not have to comply with those obligations. If ITBR does waive a default by the renter, ITBR will only do so in writing, and that will not mean that ITBR will automatically waive any later default by the renter.