TERMS & CONDITION: Animal Welfare League SA Canine Cup Raffle Draw (Minor lottery). First Prize: Voucher for WOW Houseboats valued at $5,000. Draw closes Monday 11th March 2024 3.15pm ACDT. Drawn Monday 11th March 2024 3.30pm ACDT. Prize drawn at: Canine Cup event being held at Plant 4 (5 Third St, Bowden SA 5008). Draws will be conducted by Animal Welfare League SA.

Animal Welfare League SA contact details are: 1-19 Cormack Road Wingfield, SA, 5013. Phone: 08 8348 1300. Email: supportercare@awl.org.au. Prize results are published on the Canine Cup website raffle page (caninecup.org). The winner will be announced live at the Canine Cup event. If they are not present, they will be contacted via phone and email within 7 days of the draw. No persons under 18 years of age are permitted to enter. Maximum of 350 tickets available for sale at $20 per ticket.

 

1. INTRODUCTION

 

1.1. The prize is a $5,000 Wow Houseboats Pty Ltd ACN 648 898 739 (we/us)

voucher. Hire is subject to the Terms and Conditions set out here, and as such, the winner

agrees to be bound by these Terms and Conditions throughout and after hire.

Additionally, anyone the winner invites onboard Wow Factor will also be bound by these terms,

and the winner personally guarantees their adherence.

 

1.2. The houseboat that the winner will be hiring is named Wow Factor and has the Unique ID Number

28733. Wow Factor is a high-end houseboat.

 

1.3. To offer this high-quality experience, WOW Houseboats need the winner’s cooperation throughout hiring.

 

1.4. We reserve the right to update these terms and conditions; the prevailing terms during

your departure shall apply.

 

1.5. This voucher can be only used towards a booking of $5000 or more for boat hire

only.

 

1.6. Security bond + insurance in excess to be placed to secure booking (insurance excess preauthorization freeze of $5000 will only be taken the day before arrival).

 

1.7. Winner to be charged for their own fuel/diesel upon returning the boat.

 

1.8. A $100 cleaning fee shall be applied.

 

2. TRAVEL INSURANCE

 

2.1. Consider securing travel insurance to safeguard against unexpected situations leading to

a cancellation. While we understand unforeseen circumstances like illness or family

emergencies, we cannot cover short-notice cancellations. Having travel insurance is a

cost-effective way to ensure financial protection, offering peace of mind for various

scenarios such as cancellations, lost belongings, rental vehicle excess, emergency

travel, and medical evacuation. Many companies provide domestic travel insurance; a

quick online search or visiting a Flight Centre can help you find a suitable policy instantly.

 

3. BEFORE DEPARTURE
 

3.1. The winner can embark on Wow Factor at 3 PM (ACDT) on the day of departure. Wow Houseboats strictly

advise the primary guests (responsible/assigned to attend the pre-onboarding or show

out) to arrive no later than 3 PM. If guests wish to arrive earlier than 3 PM, for instance, 2

PM or even earlier, WOW Houseboats will need to charge $200 from the bond as this will require

additional cleaners to expedite the flipping process than normal.

3.1.1. WOW Houseboats allow a 15-minute grace period beginning at 3 PM; however, any time after

3:15 PM, the Wow Houseboats team will charge the hirer $200 per hour. If the

Wow Houseboats Show Out Team are still in the boat after 5:00 PM, we will

charge between $100 - $200 per hour depending if there’s one or more team

member working overtime.

 

3.2. If WOW Houseboats need to return the following morning for a showout, they will charge $100 per hour

per person + one-hour travel time per person. This charge shall apply if the weather (i.e.,

windy) prevents the driving and mooring instructions.

 

3.3. Before you set off, WOW Houseboats will provide you with a comprehensive tour of Wow Factor, including

3.3.1. Safety features;

3.3.2. Use of safety equipment;

3.3.3. Operations; and

3.3.4. Basic maintenance.

 

3.4. WOW Houseboats will test your knowledge as to Wow Factor’s operation and, if in their absolute

discretion, they believe that you cannot safely operate Wow Factor, including in an

emergency situation, they will either:

3.4.1. Cancel the hire agreement; or

3.4.2. Convert the hire to a static hire whereby you will not be able to drive Wow Factor.

 

3.5. If WOW Houseboats exercise their rights in clause 3.3, they are under no obligation to justify their reasons to you. They take their duty of care for you (and other River users) very seriously.

 

3.6. WOW Houseboats will complete an inspection and prepare a report with the winner on the condition of the Wow Factor. If the winner sees anything broken, dirty, or otherwise not to a high standard, they

must let WOW Houseboats know before they depart, as they will be liable for damage that is not noted on

the report.

 

3.7. WOW Houseboats will provide the winner with a complete inventory of the property before departure. The winner agrees that all items listed are present onboard Wow Factor unless they bring the missing

item(s) to WOW Houseboat’s attention within four (4) hours of commencing hire.

 

4. SAFELY OPERATING WOW FACTOR

 

4.1. Wow Factor must always be driven from the downstairs wheelhouse. Wow Factor cannot

be safely operated from the upstairs wheelhouse, which has been decommissioned.

 

4.2. Wow Factor must not be driven when the visibility is low, it is raining, foggy, misty, or

smoke haze or glare.

 

4.3. Do not tow the kayak behind the boat; it must be securely tied to the side rail or on the

swim deck whilst the boat is in motion.

 

5. LICENCE AND REGULATIONS

 

5.1. The winner must be twenty-one (21) years old and hold a full car licence issued by an Australian

State or Territory to drive the Wow Factor. If the winner has an international licence, please

notify us, and WOW Houseboats will verify if you can drive the Wow Factor.

 

5.2. If the winner is unlicensed, they will not be able to drive Wow Factor, and if no appropriately

licenced person is present at boarding, they will be converted to a static hire.

 

5.3. The winner must consent to WOW Houseboats taking a copy or image of their licence for records, administration, and recovery actions.

 

5.4. The winner acknowledges and agrees to follow all laws, regulations, and rules.

 

6. ALCOHOL AND DRUGS

 

6.1. During the hire, the driver must be in a condition that is fit to operate the Wow Factor.

This includes being under the prescribed alcohol limit of 0.05 and being free from all illicit

drugs.

 

7. BOND

 

7.1. WOW Houseboats require a bond in the sum of $2,500 to hire Wow Factor. The Bond conditions are set

out in the bond authorisation form, signed separately. The winner authorises us to deduct from

the bond for any reason contained in these Terms or on the authorisation form.

 

7.2. Payment of the bond is required:

7.2.1. At least one week before boarding via direct deposit using the provided details; or

7.2.2. In cash on the day of departure.

 

7.3. The winner’s bond payment will be applied to WOW Houseboats expenses in offering the hire of Wow Factor, including

7.3.1. Fuel usage (petrol and diesel);

7.3.2. Gas usage from $15 per day;

7.3.3. Ice purchase(s);

7.3.4. Kayak hire;

7.3.5. Car parking;

7.3.6. Day trips taken by you;

7.3.7. Financial penalties authorised under these terms;

7.3.8. Damages to our property or that of a third party;

7.3.9. To replace any item removed from Wow Factor; and

7.3.10. Additional cleaning charges.

 

7.4. If the winner has a surplus after deductions for the bond, WOW Houseboats will refund the difference

provided with the winner’s bank details or normally, within ten business days via direct

deposit. The exception will be, if there is any outstanding repair work to be done. Once

repairs have been finalised, the bond will then be returned.

 

7.5. If the bond amount is insufficient to meet expenses incurred, WOW Houseboats will issue the winner a Tax

Invoice on 7-day payment terms. Time is of the essence in paying this invoice, and the winners

authorises WOW Houseboats to undertake collection activities, including reporting to a credit agency, if it

remains unpaid after 14 days.

 

7.6. There is to be no set-off or counterclaim in paying monies to WOW Houseboats.

 

7.7. At WOW Houseboat’s discretion, they reserve the right to charge a double bond when Wow Factor is hired

to

7.7.1. A single-sex group; or

7.7.2. Some or all the occupants are between the ages of 18 and 25.

 

8. WOW FACTOR AT NIGHT AND PROHIBITED ACTIVITIES

 

8.1. Under no circumstances can Wow Factor be driven after sunset and/or before sunrise.

Doing so is an offence and places the winner, other river users, and WOW Houseboats business at extreme risk. In an emergency situation, please dial Triple Zero (000).

 

8.2. The following activities are strictly prohibited:

8.2.1. Take the Wow Factor out of the main watercourse of the River;

8.2.2. Tow an occupied craft with Wow Factor;

8.2.3. Interfere with any of Wow Factor’s equipment and/or systems;

8.2.4. Remove any fixtures, fittings or furnishings;

8.2.5. Carry out any activity that exposes Wow Factor to damage, soil or otherwise places Wow Factor in jeopardy;

8.2.6. Bring any dangerous, noxious, corrosive, toxic or poisonous substance onboard Wow Factor;

8.2.7. Climb onto the roof of Wow Factor;

8.2.8. Climb through a window of Wow Factor;

8.2.9. Jump from Wow Factor into the River (we provide a ladder for safe access from the swim deck for use while Wow Factor is stationary and the motors are off);

8.2.10. Cross any perimeter barriers;

8.2.11. Be on the swim deck or in the river with the motors running, including at idle; or

8.2.12. Otherwise, carrying out any action prohibited by:

8.2.12.1. Signage;

8.2.12.2. Instruction;

8.2.12.3. These Terms; or

8.2.12.4. Show Out document.

 

9. SAFETY EQUIPMENT

 

9.1. We want the winner to be safe at all times onboard Wow Factor. Therefore, the Wow Factor

comes equipped with emergency safety equipment. There are 12 adult-size emergency

lifejackets, 8 child/junior-size emergency lifejackets (15-25 kgs, 25-40 kgs, respectively)

and one emergency lifebuoy. It is illegal to use any of this equipment is illegal unless it is

an emergency. The winner will be provided with a demonstration before departure on how to use

the emergency lifejackets and must sign the acknowledgement below before departure.

 

9.2. If an infant under 15 kg is onboard Wow Factor, the parent is responsible for providing an

appropriate lifejacket. It is a requirement before setting off that every passenger has a

suitable lifejacket onboard.

 

9.3. The safety equipment is only to be used in an emergency, and is not to be removed from

Wow Factor, and the winner must notify WOW Houseboats if they use it for WOW Houseboats to replace or ensure its usability for the next guest.

 

9.4. Improper use of the safety equipment will be charged.

 

9.5. The winners acknowledges and agrees that using safety equipment outside of a genuine emergency

is illegal.

 

9.6. Please review the user manual for all onboard safety equipment before setting off, and

ask WOW Houseboats any questions.

 

The winners acknowledges and agrees that they have been shown all the emergency equipment, have

sufficient equipment on board and am proficient in its use.

 

Signed ………………………………………………………

 

10. ELECTRICAL EQUIPMENT

 

10.1. Due to the fire risk, WOW Houseboats restrict the electrical devices permitted onboard Wow Factor. If

The winner wishes to bring their own electronic items, please provide WOW Houseboats with advanced notice to avoid disappointment.

 

11. MAXIMUM PASSENGERS

11.1. No more than twelve (12) passengers are permitted on the Wow Factor at any time.

Passengers under one (1) year of age are exempt from this requirement. If the winner exceeds

more than twelve passengers over the age of one year, their booking shall be cancelled,and no refund shall be provided to them.

 

11.2. Having more than twelve (12) passengers over one (1) year old on Wow Factor places WOW Houseboats

at significant legal risk. In the event that the winner breaches this term, they shall:

11.2.1. Immediately disembark Wow Factor;

11.2.2. Forfeit any monies paid to WOW Houseboats, and

11.2.3. Immediately pay WOW Houseboats their excess amount considering the risk you have placed them in.

 

12. SMOKING

 

12.1. Smoking is strictly prohibited onboard to ensure a high-quality experience for the next

guest and protect Wow Factor from the risk of fire.

 

12.2. If Wow Factor smells of smoke upon its return, the winner will be liable for loss of hire while

Wow Factor is cleaned and for their cleaning expenses.

 

13. DAMAGE TO WOW FACTOR

 

13.1. The winner is liable for any damage caused to the Wow Factor during the hire period.

 

The winner acknowledges and agrees that they are responsible for any damage to Wow Factor.

 

Signed …………………………………………………………………………..

 

13.2. The winner agrees to immediately pay WOW Houseboats up to the bond amount and make good on any shortfall within seven (7) days of the damage being sustained to Wow Factor.

 

13.3. WOW Houseboats hold insurance on Wow Factor with an excess of $5,000. If the damage to Wow

Factor is in excess of $5,000, the winner agrees to pay this insurance excess or the actual damage if their insurance does not cover our loss, whichever is greater.

 

The winner acknowledges that they must make up any shortfall to the bond amount, must cover the total

cost of any repairs, and if Wow Factor’s insurance covers them, the winner must pay the excess.

 

Signed …………………………………………………………..

 

13.4. For the avoidance of doubt, the person who enters into this agreement is liable for WOW Houseboats

loss, and if more than one, jointly and severely.

 

13.5. The winner may choose a non-refundable insurance waiver payment of $100 per day, which can

be made in advance or on the day of boarding, and which will reduce the insurance excess applicable in the event of damage to the vessel to $2,500.

 

13.6. For the avoidance of doubt, if WOW Houseboats insurer does not indemnify them, the winner is still responsible in full for any shortfall.

 

13.7. Without limiting WOW Houseboat’s rights to lodge a claim on their insurance, the winner shall be responsible for the total loss sustained by third parties and us without insurance cover in the event that:

13.7.1. Wow Factor or a third party suffers damage while being driven by a person

under the influence of alcohol or illicit drugs;

13.7.2. Wow Factor suffers damage after becoming beached; and/or

13.7.3. Wow Factor suffers damage after being moored against a Jetty, Pier or

Pontoon other than for refuelling.

 

The winner understands that they are responsible for the total costs of repairs in the above

events.

 

Signed …………………………………………………………..

 

14. INDEMNIFICATION

 

14.1. The winner is liable for any damage caused to the river and third parties, including property

damage, personal injury, and death. If WOW Houseboat’s insurance indemnifies them, they will cover you to

the extent of that indemnification, excluding any excesses payable by them, which the winner will

pay in full.

 

14.2. In the event that WOW Houseboat’s insurance covers the claim, the winner will provide them (or their insurer) with the ability to defend any claim, including but not limited to the use of the winner’s name in

proceedings.

 

The winner acknowledges that I am responsible for all damage to other property.

 

Signed …………………………………………………………..

 

15. EXPENSES

 

15.1. WOW Houseboat’s quoted price includes the per day hire amount only. Additional charges apply for and

will be deducted from the bond:

 

15.1.1. Petrol and diesel (at the amount that it costs us to refuel the Wow Factor -

petrol to run the engines and diesel to run the generator);

 

15.1.2. A marina service fee of $60 shall be deducted for refuelling, pump out and

water refill;

 

15.1.3. A water fee of $6 shall be deducted for refilling of drinking and spa water;

 

15.1.4. The cost of gas based on what Riverglen Marina charges (at the daily charge of

$15 per day);

 

15.1.5. Car parking fee ($10 per car/trailer per day);

 

15.1.6. The cost of bringing dog/s is $50 per dog per day;

 

15.1.7. Any costs incurred by WOW Houseboats, including those set out in the Bond section of this

agreement;

 

15.1.8. Higher fees per hour shall apply during non-business hours and on weekends;

 

15.1.9. The sum of $100 if the BBQ is not clean on return;

 

15.1.10. The sum of $250 per hour if the Wow Factor needs to be unbeached, as the

costs incurred include travel time and ski boat use; we only take $250 instead

of $500 as we do not charge for transporting the ski boat;

 

15.1.11. The sum of $250 for telephone calls to the emergency number for matters that

are not in relation to the safe operation of Wow Factor;

 

15.1.12. Any damage pursuant to the terms of this agreement and pre-authorisation

form;

 

15.1.13. For cleaning of the Wow Factor in the event that excessive cleaning is required;

and,

 

15.1.14. The sum of any consumables you intentionally and/or accidentally take home.

These consumables should remain in the boat at all times.

 

16. PROHIBITED ITEMS

16.1. The following items are strictly prohibited and not to be carried onboard Wow Factor

under any circumstances:

16.1.1. Chainsaws;

16.1.2. Axes;

16.1.3. Firearms;

16.1.4. Ammunition;

16.1.5. Flammable items;

16.1.6. Dangerous, noxious, corrosive, toxic or poisonous substance;

16.1.7. Portable containers with fuel/diesel (only empty containers are permitted;

carrying portable containers with fuel/diesel is ILLEGAL); and

16.1.8. Trail bikes.

 

16.2. WOW Houseboats reserve the right to refuse to board or order the immediate removal of any item.

 

17. ANIMALS

 

17.1. Without prior written consent, only assistance animals are permitted onboard Wow

Factor.

 

17.2. Wow Factor is dog-friendly and providing the winner tells WOW Houseboats their breed of dog, and that it is toilet trained, they will usually approve it. The winner must bring all their dog supplies.

 

17.3. The winner will be responsible for any damage done to the Wow Factor by their animal or any

animal they allow onboard.

 

18. DAMAGE TO YOU OR YOUR PROPERTY

 

18.1. To the maximum extent permitted by law, In the event that the winner suffers loss, injury or death,

they indemnify WOW Houseboats and will not bring any claim against them.

 

18.2. The winner understands that no person shall cross any railing, climb on the roof, or be on the

swim deck while Wow Factor is in motion.

 

19. CONTACTING US

 

19.1. The winner must immediately contact WOW Houseboats using Wow Houseboats at 0418 849 877 / Wow

Houseboats Maintenance and Show Out (Jordy) at 0438 391 266 in the following events:

19.1.1. Wow Factor becomes beached;

19.1.2. Wow Factor suffers any damage; or

19.1.3. You, or a third party, suffer loss or injury that may result in a claim against us or

our insurer.

 

19.2. QR Codes for instruction manuals are available onboard Wow Factor and on their website

for the convenience of guests. With this in mind, please do not call the emergency

number for issues relating to:

19.2.1. Troubleshooting TV and DVDs, including reception;

19.2.2. The Google Chromecast;

19.2.3. Bluetooth connectivity;

19.2.4. Mobile Phone Reception;

19.2.5. Unnecessary calls made to emergency numbers outside of an emergency will

be charged at the rate of $180 per hour.

 

20. DISEMBARKING

 

20.1. On the winner’s last day, Wow Factor must be returned to Riverglen by 10 AM (ACDT). All

belongings and people must be off the Wow Factor before this time.

 

20.2. The Wow Factor must be returned as tidy and clean as it was at the start of the hire.

 

20.3. If Wow Factor is not returned on time, it can interfere with the next guest’s booking,

including the fact that they cannot leave the marina after their show out to start their holiday. WOW Houseboats will need to compensate them with 25% of the daily rate for their stay in the marina overnight, which will come from the guest who returned the boat late. In addition, they need to compensate the Wow Houseboats staff at $250 per hour, which will also come from the bond.

 

21. CONVERSION TO STATIC HIRE

 

21.1. WOW Houseboats reserve the right to convert any hire to a static hire for any of the following reasons:

21.1.1. In their sole opinion, the winner is not appropriately skilled after instruction to operate

Wow Factor;

21.1.2. Weather conditions are unfavourable;

21.1.3. Wow Factor has suffered damage; or

21.1.4. Any other reason whatsoever for the safe and commercial operation of their

service.

 

21.2. WOW Houseboats are not obliged to compensate for the loss of time due to unforeseen mechanical

problems during hire.

 

22. MAJOR BREACHES

 

22.1. The winner grants WOW Houseboats the right to cease hire, retain full bond, and charge the total

excess of $5,000 in the following event:

22.1.1. The winner allows more than 12 passengers onboard Wow Factor at any one time;

22.1.2. The winner allows an unlicenced person to drive Wow Factor;

22.1.3. The winner drives, or someone drives Wow Factor after sunset and/or before sunrise;

22.1.4. The winner drives, or someone drives Wow Factor under the influence of alcohol or illegal drugs; and

22.1.5. The winner operates Wow Factor downstream of the Wellington Ferry.

22.2. The above is based on the risk to us, and the winner acknowledges and agrees that this term is fair and enforceable considering the risk to WOW Houseboats.

22.3. If this term is unenforceable, the amount payable by the winner shall be the maximum amount

permissible by law in consideration of the risk to business.

 

23. RIGHT TO CEASE THE HIRE

 

23.1. WOW Houseboats may cease hiring the Wow Factor to the winner at any time, with their liability limited to the daily hire costs.

 

23.2. The winner grants us the right to immediately cease hire without a refund in the following

events:

23.2.1. The winner damages Wow Factor, making occupancy unsafe or a need for repair before

the next guest;

23.2.2. The winner allows more than 12 guests or attempt to bring more than 12 guests onto the Wow Factor;

23.2.3. The winner drives Wow Factor after sunset and/or before sunrise;

23.2.4. The winner drives Wow Factor downstream of the Wellington Ferry;

23.2.5. The winner moors Wow Factor against a jetty, pier or pontoon; or

23.2.6. The winner breaks any of our directions in relation to the safe operation of Wow Factor.

 

24. CONSENT TO TRACK

 

24.1. The Wow Factor is fitted with a GPS tracking device. The winner acknowledges and agrees to this

device operating throughout the hire period and being used by WOW Houseboats to take action or

defend against any claim involving the winner and/or WOW Houseboats.

 

25. COVID-19

 

25.1. For the safety of WOW Houseboat’s staff, it is a condition of hire that the winner and their entire party are vaccinated against COVID-19. An exemption is made in the case of a valid SA Health Exemption or for anyone ineligible to be vaccinated.

 

26. FOLLOW DIRECTIONS

 

26.1. The winner agrees to follow directions from WOW Houseboats, the river authorities, or other authorised persons.

 

27. GENERAL PROVISION

 

27.1. The terms are governed by the laws of South Australia.

 

27.2. Any term found unenforceable is to be severed from this agreement, with the remaining

provisions still in full force.

 

28. CANINE CUP RAFFLE WINNER VOUCHER

 

28.1 $5,000 voucher for WOW Houseboat hire valid until March 2025.

 

28.2 Not valid for bookings during school holidays or public holiday long weekends.

 

28.3 The voucher is non-transferable and cannot exchanged for cash or credit.

 

28.4 Bookings are to be made directly with WOW Houseboats.

 

28.5 Voucher is valid for use as a standalone promotion and cannot be combined with any other

offers, discounts, or promotions.

 

28.6 The voucher can only be used for the boat hire cost itself and not for any other expenses, so if the value of the booking was under $5000 for any reason the voucher CAN NOT be used for fuel or other expenses.

 

28.7 Not only fuel and diesel costs are incurred by the voucher winner. Other costs including, but not limited to, water, a marina fee, car parking, gas, kayak hire and firewood will come from the $2500 bond that’s paid one week before arrival. 

 

28.8 Voucher winner agrees to incur a credit card freeze/pre authorisation for insurance excess. This is not charged but just frozen on the credit card. Wow Houseboats will take the freeze the day before arrival.

 

28.9  Security bond + insurance in excess to be placed to secure booking (insurance excess preauthorization freeze of $5000 will only be taken the day before arrival).

Conducted under provisions and in accordance with the Lotteries Regulations 2021, Lotteries Act 2019, Charitable and Non-Profit Regulation 1999 and the Charitable and Non-Profit Rule 2010. For information on how to play responsibly call the gambling help-line on 1800 858 858. PROTECTING YOUR PRIVACY: Animal Welfare League’s privacy policy can be found online at https://awl.org.au/privacy

 

 

ACKNOWLEDGEMENT

 

The Hirer/Winner acknowledges having carefully read this agreement and that he/she is required to sign this contract and return it to our office with your completed booking form. Please ensure you/group have read these terms and conditions of hire before your boarding date. Please contact our office if you have any queries regarding these conditions notated in the agreement.