Rental agreement

Draft for review by our lawyer and insurer. Do not publish until approved.

This agreement is between Port Tack Racks, operating as Port Tack Option (“we”, “us”), and the person named as skipper in the booking (“you”). By signing it online you agree to these terms for yourself and for every person you bring aboard.

1. The rental

We rent you the pontoon boat described on our website, with its safety equipment, for the dates and times in your booking confirmation. You take command of the boat when you leave our dock and remain responsible for it until you return it.

2. Your qualifications

You confirm that you are 25 or older and that you hold a Pleasure Craft Operator Card, or will complete the Transport Canada rental boat safety checklist with us before departure, or hold a boating competency card recognised for a non-resident. You confirm that the boating experience and claims history you gave when booking is true. You will show government photo ID at the dock.

3. Operating area

You will operate the boat only in Burrard Inlet east of the Lions Gate Bridge, Port Moody Arm and Indian Arm. You will not take the boat west of the Lions Gate Bridge for any reason other than an emergency.

4. People on board

You will carry no more than 12 people including yourself, and never more than the capacity shown on the boat’s capacity plate. Children wear lifejackets at all times aboard.

5. Alcohol and drugs

You will not operate the boat while impaired by alcohol, cannabis or drugs. No one may consume alcohol or carry open liquor aboard. Breach of this clause ends the rental, forfeits the damage deposit and voids any limit on your liability under section 9.

6. Prohibited uses

You will not tow people or equipment, beach the boat, operate after sunset, race, carry passengers for payment, sublet the boat, or let anyone other than you or a second operator named in the booking drive it.

6A. Paddleboards and fishing

If you rent paddleboards, every paddler wears a lifejacket, launches only while the boat is stopped with the engine off, and stays within sight of the boat. You will not tow a paddleboard or anyone on it. You and your passengers will hold any fishing licences the law requires, follow Fisheries and Oceans Canada rules including Rockfish Conservation Area closures, and remove all fishing and crab gear from the water before you return.

7. Weather and safety

You will check conditions before leaving and return early if the wind or sea builds. You will follow the Collision Regulations, posted speed limits and the instructions of the Vancouver Fraser Port Authority, keep clear of commercial vessels and floatplane operating areas, and keep the approach distances to whales that the Marine Mammal Regulations and our rental rules require.

8. Accidents and damage

If anyone is hurt or the boat is damaged, you will make sure everyone is safe, call for help if needed, and tell us immediately. You will report any collision or grounding to us before you return to the dock and complete our incident report.

9. Your liability

You are responsible for loss of or damage to the boat and its equipment during the rental, up to the amount of the damage deposit, except where you breach sections 3, 4, 5 or 6, in which case you are responsible for the full cost. You are responsible for fines and charges arising from your use of the boat.

10. Deposits, fuel and late returns

The booking deposit applies to the rental price. We take a $1,000 card hold at the dock and release it after the boat checks in clean. We charge fuel at the pump price. Late returns are charged at the hourly equivalent of your rate, rounded up to the next half hour.

11. Cancellations

We refund or transfer your deposit if you cancel more than 7 days before your trip, or if we cancel for weather or safety. We may keep the deposit if you cancel within 7 days and we cannot rebook the time.

12. Assumption of risk and release

Boating and swimming carry risks including cold water, collision, falls, drowning and injury from weather or other vessels. You accept those risks for yourself and agree to brief your passengers on them. To the extent the law allows, you release us from claims for loss, injury or damage arising from the rental, except where we caused it by our negligence.

13. Indemnity

You will indemnify us against claims by your passengers or third parties that arise from your breach of this agreement.

14. Records and privacy

We keep your booking details, signature record and the dock log for this rental to run our business and to share with our insurer if there is a claim. See our privacy notice.

15. Law

The laws of British Columbia and the federal laws of Canada that apply there govern this agreement.