d b a Gerard's Waters Edge Marina

I used this company for a complete restoration of three bathrooms in my hole in May and June, 2014. They did an excellent job. All of their workmanship was great, they were timely and priced very fairly. I would recommend them to anyone desiring granite or cabinet replacement. The phone number listed for this business by Revdex.com is incorrect, the correct one is [redacted]

The customer rented a
pontoon boat from our marina on August 10, 2014.  Per the terms...

of the
rental agreement, the boat is inspected prior to being used by the Lessee,
highlighting any existing damage, which includes spinning the
propeller so the renter can see all three (3) blades and the inspection
documentation is signed by both the marina staff and the Lessee to
confirm agreement of the condition of the boat prior to
departure.  Upon the boat's return, marina staff inspects the
boat's condition and documents if the boat has been returned in the condition
in which it left or if damages have occurred.  As you can see from
the attached paperwork, there was no damage to the prop or fin when the Lessee
took possession of the boat, however, the prop was missing one
blade and the fin was bent upon return.   I have attached a
copy of the inspection paperwork, as well as a picture of the damaged
prop.  
 
The customer indicates
that "an hour into my rental while driving in the middle of the lake,
there was a noticeable sound difference in the engine and the boat began to
have a mild shake to it.  Other than that, it was working
fine."  "I decided not to call it in as I did not want us
to lose any more time".  "We were close to where we were going
to anchor for the day." So, he anchored the boat
and they enjoyed their time on the lake while anchored.  While
driving back to the marina, the boat was very slow and he noticed that
something was definitely wrong with the boat. 
 
The customer (Lessee)
indicates that he did not hit anything.  He could have hit
something that was floating in the water (large tree branch, a piece
of floating wood that dislodged from a dock. etc.) that was
unforeseen, hitting one of the blades of the prop, as well as the fin, causing
damage.  The Lessee also indicates that he was told that even if he
reported the problem immediately, he would still have been liable for damages
so not reporting it had no effect on the outcome. If the customer had called us
immediately and notified us of the problem, we would have accessed the
situation, determined the cause and required fix and resolved the
issue accordingly.  While he still would have been liable for the
damage (see lease agreement terms, paragraph 6 below), if he had reported it
immediately, the outcome would have been different given the fact that
we would have fixed the problem or provided him with an equivalent boat if
the problem could not be fixed.  Continuing to use the boat potentially
could have caused additional damage that may have been prevented.  
 
Per the terms of the
lease agreement, paragraph 6, "In the event of malfunction, breakdown, or
if any defect is discovered after acceptance of the rental craft that Lessee
will immediately report same to Lessor.  Continued use of it shall be
entirely at the Lessee's risk and thus Lessee assumes all liabilities of injury
and damage to all persons and property that may become involved by its
continued use." 
 
The customer (Lessee)
continued to use the boat.  He did notice that it was slow when
coming back to the Marina.  Again, given the circumstances, the lessee
continued to drive the boat and did not notify us of the condition.

Review: I rented a pontoon boat from this marina on 8/10/14. Less than 30 minutes into ride across Candlewood Lake, the boat began to shake. This occurred while in motion, away from any hazard buoys. We were close to where we were going to anchor for the day and already behind schedule due to a very unorganized check-in process, so we did not call the marina to report the problem. (I was told by marina owner that even had we reported issue at this time we'd still be liable for damage, so not reporting had no effect in outcome.)My party and I enjoyed our time on lake while anchored. Driving back to marina was slow going, definitely something wrong with the boat. Upon inspection while returning it, it was noticed that one out of three blades on propeller was missing, and the fin at front was missing. These pieces were there upon inspection leaving marina to begin rental, but now mysteriously gone although boat did not hit anything.One blade gone with no damage whatsoever to the other two blades on prop is not an easy feat to accomplish. The fin, which provides lift, stability, and performance is a welded piece of metal on the side of pontoon boat, and when attached to boat is above the water line. My only guess is that this boat had previous damage and was pieced back together poorly. I was not given access to their maintenance logs on the boat to see if there were previous issues.Desired Settlement: Aside from not being able to drive the boat around, it was an enjoyable day. I am only looking to be refunded the $250 charged for propeller and $30 for the fin, plus the applied tax.

Business

Response:

The customer rented a

pontoon boat from our marina on August 10, 2014. Per the terms of the

rental agreement, the boat is inspected prior to being used by the Lessee,

highlighting any existing damage, which includes spinning the

propeller so the renter can see all three (3) blades and the inspection

documentation is signed by both the marina staff and the Lessee to

confirm agreement of the condition of the boat prior to

departure. Upon the boat's return, marina staff inspects the

boat's condition and documents if the boat has been returned in the condition

in which it left or if damages have occurred. As you can see from

the attached paperwork, there was no damage to the prop or fin when the Lessee

took possession of the boat, however, the prop was missing one

blade and the fin was bent upon return. I have attached a

copy of the inspection paperwork, as well as a picture of the damaged

prop.

The customer indicates

that "an hour into my rental while driving in the middle of the lake,

there was a noticeable sound difference in the engine and the boat began to

have a mild shake to it. Other than that, it was working

fine." "I decided not to call it in as I did not want us

to lose any more time". "We were close to where we were going

to anchor for the day." So, he anchored the boat

and they enjoyed their time on the lake while anchored. While

driving back to the marina, the boat was very slow and he noticed that

something was definitely wrong with the boat.

The customer (Lessee)

indicates that he did not hit anything. He could have hit

something that was floating in the water (large tree branch, a piece

of floating wood that dislodged from a dock. etc.) that was

unforeseen, hitting one of the blades of the prop, as well as the fin, causing

damage. The Lessee also indicates that he was told that even if he

reported the problem immediately, he would still have been liable for damages

so not reporting it had no effect on the outcome. If the customer had called us

immediately and notified us of the problem, we would have accessed the

situation, determined the cause and required fix and resolved the

issue accordingly. While he still would have been liable for the

damage (see lease agreement terms, paragraph 6 below), if he had reported it

immediately, the outcome would have been different given the fact that

we would have fixed the problem or provided him with an equivalent boat if

the problem could not be fixed. Continuing to use the boat potentially

could have caused additional damage that may have been prevented.

Per the terms of the

lease agreement, paragraph 6, "In the event of malfunction, breakdown, or

if any defect is discovered after acceptance of the rental craft that Lessee

will immediately report same to Lessor. Continued use of it shall be

entirely at the Lessee's risk and thus Lessee assumes all liabilities of injury

and damage to all persons and property that may become involved by its

continued use."

The customer (Lessee)

continued to use the boat. He did notice that it was slow when

coming back to the Marina. Again, given the circumstances, the lessee

continued to drive the boat and did not notify us of the condition.

Consumer

Response:

Review: [redacted]

I am rejecting this response because: I can't dispute what the rental agreement says. If it says that I should have called immediately, then that is the marina's rules. I have my reasons for not not calling it in immediately. The marina states that their rental period begins at 9am. I was there at 8:30am and did not get out on boat until 10am. If my rental period says 9am and I am there early, then I expect to be able to use the boat for the entire rental period since I did pay for it.