Dispute Resolution Procedure

This Dispute Resolution Procedure will apply when an Owner or Renter contacts Kincade Boats for assistance in settling a dispute between an Owner and Renter in relation to Cancellations or damage to a Boat, or any other reason.

Kincade Boats will follow this procedure in assisting the parties in resolving their dispute. However, Kincade Boats has no power to force either party to agree to resolve a dispute and disclaims all liability for determinations made by Kincade Boats in good faith while attempting to resolve disputes.

At any time (even after Kincade Boats has made a determination) a party to a Kincade Boats related dispute may, begin legal action in relation to their claim.

Kincade Boats’s dispute resolution process is:

• Receive a Dispute claim from an Owner or Renter via dominic.longcroft@kincadeboats.com.au. All claims must be in writing providing enough supporting documentation/evidence to support the claim.

• Kincade Boats will notify the other party of the Dispute and allow them 48 hours to submit an incident report or explanation in response to the claim

• Kincade Boats will review the reports and all supporting evidence provided by both parties. Eg: On Hire / Off Hire checklist and photos as per the On Hire / Off Hire Procedure

• Kincade Boats will make further enquiries (if required) as part of the investigation and liaise with Owner and Renter in relation to an amicable resolution.

• If it makes sense, offer the parties the opportunity to progress to formal mediation (costs borne by the party making the dispute claim)

• Make a final determination and communicate it to both parties. Kincade Boats will arrange for the refund or payment of outstanding monies based on this determination