DISCLAIMER
The company does not provide any assurance, warranty, or guarantee regarding the dependability, punctuality, quality, appropriateness, availability, accuracy, or comprehensiveness of its services, website, or application. The company cannot guarantee that:
A. The utilization of the company's services, website, or application will be secure, punctual, uninterrupted, error-free, or compatible with other hardware, applications, systems, or data.
B. The company's services, website, or application will fulfill your requirements or expectations.
C. Stored data, including information, descriptions, and/or images of boats and boat services, will be precise or reliable.
D. Any products, boats, services, information, or other materials acquired, rented, or obtained through the company's services will meet your needs or expectations.
E. Errors or defects in the company's services, website, or application will be rectified.
F. The company's services or the servers that make them accessible are free from viruses or other detrimental components.
G. Boat services will be accessible on advertised dates, times, locations, and/or at specified prices, including confirmed and/or purchased reservations.
H. Boat services will include sufficient fuel for their intended use or operation.
I. Providers of boat services (including boat owners listed on the website) possess adequate and appropriate insurance and adhere to all local laws and regulations related to such boat services and/or user-operated boats, including safety and maintenance regulations, as well as obtaining and maintaining all necessary licenses and permits for boat services and/or user-operated boats in any jurisdiction.
The company's services, website, and application are provided to you strictly on an "as is" and "as available" basis. The company disclaims all conditions, representations, and warranties, whether expressed, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, to the maximum extent permitted by applicable law. The company offers no assurance, warranty, or guarantee concerning the reliability, safety, timeliness, quality, suitability, or availability of any services, boats, products, or goods acquired, rented, or otherwise obtained by third parties through the use of the company's services or application. You acknowledge and agree that any risks arising from your use of the company's service, website, application, and any third-party services or products are solely your responsibility.
TERMS OF SERVICE
Please carefully review these Terms of Use. By accessing or using our services, you are agreeing to these Terms of Service, regardless of whether you are a boat owner, a hirer, a potential hirer, or any other individual. If you do not agree to these terms, you are not authorized to access or use our services.
Section C of these terms contains provisions that will, except as mentioned in the following sentence, automatically become a part of the contract between a boat owner and a hirer for the rental of a boat. In cases where a provision in Section C conflicts with or contradicts any term in a written charter agreement signed by the boat owner and the hirer of the boat, that provision in Section C will not apply between the boat owner and the hirer.
Section D of these terms contains provisions that limit and exclude Bookyourboat BV liability to you. If you are a hirer or a potential hirer, Section D also includes provisions that limit and exclude the liability of the boat owner to you and require you to indemnify us (which means compensating and holding us harmless) under certain circumstances. A.
GENERAL
1. Definitions
1.1 In these Terms of Service ("Terms"), the following words and expressions shall have the following meanings unless the context otherwise requires:
Actual Hire Period: The duration during which the Hirer has actual use of the Boat, including any sea trials, regardless of whether it exceeds or falls short of the Agreed Hire Period.
Advertisement: Any promotional material, regardless of its content or form, advertising a Boat for hire on the Website.
Agreed Hire Period: The period during which the Hirer is granted use of the Boat, as mutually agreed upon by the Owner of a Boat and the Hirer.
Ancillary Services: Any additional services, which may be provided or arranged by us from time to time, including cleaning, boat check-ins and check-outs, provisioning for Hirers, and refueling of boats.
Application: The mobile application provided by us.
Bookyourboat Account: An account created by you or on your behalf with your knowledge and consent.
Bookyourboat Content: All content made available by Bookyourboat through the Website, Application, or Services, including any Content licensed from third parties, but excluding member Content.
Boat: Any watercraft, powered or unpowered, capable of carrying individuals on water, including but not limited to yachts, motor cruisers, barges, motorboats, RIBs, dinghies, jet skis, rowing boats, canoes, kayaks, and all equipment and furnishings offered for use with the boat.
Collective Content: Member Content and Bookyourboat Content.
Content: Text, graphics, images, music, software (excluding the Application), audio, video, information, and any other materials or content on the Website.
Hire: The rental of a Boat by a Hirer from an Owner under these Terms.
Hire Charges: Charges paid by a Hirer to an Owner for the rental of a boat, as displayed in an Advertisement for that boat or as otherwise agreed between the Boat's Owner and the Hirer.
Hirer: Any individual who enters into an agreement with an Owner to rent a Boat using the Services.
Insurance Policy: The marine insurance policy covering Boats during Actual Periods of Hire.
Late Charges: Charges paid to an Owner by a Hirer who fails to return a Boat to the agreed location by or before the end of the Agreed Hire Period, as displayed in an Advertisement for that Boat or as otherwise agreed between the Boat's Owner and the Hirer.
Member Content: All Content that a Member posts, uploads, publishes, submits, or transmits through the Services.
Member: A person who completes our account registration process, including Owners, Potential Hirers, and Hirers.
Owner: Any individual who owns a Boat and wishes to rent it out using the Services.
Potential Hirer: Any individual who intends to rent a Boat using the Services.
Security Deposit: As defined in paragraph 17.1.
Service Fees: As defined in paragraph 18.1.
Services: The provision of an online platform enabling Owners to advertise Boats for rent, Owners and Potential Hirers to make arrangements (including payment arrangements) for the rental of those Boats, and related purposes, including the arrangement of Ancillary Services.
Social Network Site: As defined in paragraph 4.4.
Tax: Taxes and duties of any kind in any jurisdiction, including but not limited to income tax, capital gains tax, inheritance tax, corporation tax, value-added tax, excise duties, and import duties.
Third Party Account: An account with a Social Network Site.
TPA Content: As defined in paragraph 4.7.
we," "us," "our": Refers to Bookyouboat B.V., a private company with limited liability, incorporated under the laws of The Netherlands, registered with the chamber of commerce under number 91343488, with its registered seat in Amsterdam, The Netherlands.
Website: Refers to www.bookyouboat.online or any other website through which we provide the Services from time to time.
You: Refers to any individual accessing or using the Services, whether as an Owner, Potential Hirer, Hirer, or in any other capacity.
1.2 Section and paragraph headings shall not impact the interpretation of these Terms; they are for organizational purposes only.
1.3 The term "person" includes natural persons, corporate or unincorporated bodies (whether or not they have separate legal personalities), as well as their legal and personal representatives, successors, and authorized assigns.
1.4 A reference to a company includes any corporation or other body corporate, regardless of its place and method of incorporation or establishment.
1.5 Singular words encompass the plural, and vice versa.
1.6 References to one gender include all other genders.
1.7 These Terms and any disputes or claims arising from them shall be governed by the laws of The Netherlands, and the competent court of Amsterdam has exclusive jurisdiction to resolve any such disputes or claims.
1.8 A reference to a statute, statutory provision, or subordinate legislation refers to it as it exists at any given time, taking into account any amendments or reenactments, and includes any statute, statutory provision, or other legislation that it modifies or reenacts.
1.9 Any reference to a Dutch legal term for any action, remedy, method of judicial proceeding, legal document, legal status, or legal concept will be interpreted in accordance with Dutch law. If such interpretation is not possible under any specific jurisdiction, then the Dutch legal term is considered to encompass what most closely approximates it in that jurisdiction.
1.10 A reference to "writing" or "written" includes communication via email.
1.11 Any obligation under these Terms on a person not to do something also implies an obligation not to agree or permit that action to be taken.
1.12 A reference to a document includes that document as modified or replaced (except in violation of these Terms) at any time.
1.13 Phrases introduced by the terms "including," "include," "in particular," or similar expressions are illustrative and do not restrict the meaning of the preceding words.
2. Applicability of these Terms
2.1 Certain sections of the Services (and your access to or use of particular aspects of the Services or Collective Content) may be subject to different terms and conditions posted or may necessitate your acceptance of additional terms and conditions. In the event of a conflict between these Terms and the terms and conditions posted for a specific area and/or portion of the Services, the latter terms and conditions will prevail concerning your use of or access to that section of the Services.
2.2 By accessing or using the Services, or by downloading or posting any content from or on the Services, you acknowledge and agree that you have read, comprehended, and consented to be bound by these Terms, whether or not you have registered with us. If you do not agree to these Terms, you do not have the right to access or use the Services.
2.3 If you accept or agree to these Terms on behalf of a company or another legal entity, you declare and warrant that you possess the authority to legally bind that company or legal entity to these Terms, and in such circumstances, the terms "you" and "your" will pertain to that company or legal entity.
2.4 If one or more provisions of these Terms are determined to be invalid or set aside, the remaining provisions of the Terms shall remain fully enforceable. Bookyourboat will make its best effort to replace the invalidated provisions with new provisions that closely align with the original provisions in terms of their purpose and content.
3. About the Services & About Us
3.1 The Services facilitate Owners in advertising Boats they wish to rent, and Potential Hirers in arranging Boat rentals with Owners. The Services also enable Owners and Hirers to coordinate Ancillary Services. We do not own or lease any Boats ourselves, nor do we provide Ancillary Services.
3.2 You agree that you will only seek recourse for the actions or omissions of a Member or third party (including Ancillary Services providers), including any breach of contract, against that Member or third party and not against us. You will communicate directly with other Members through the Services concerning Advertisements or Boat bookings made by you. This provision does not affect the right of an Owner to pursue a claim against us regarding any payment due to that Owner after we have received payment from a Hirer on behalf of the Owner.
3.3 As an unregistered visitor to the Website, you may view Advertisements, but to create an Advertisement or rent a Boat, you must first register and establish a Bookyourboat Account (see paragraph 4 below).
3.4 We have no control over the Content of any Advertisement, nor do we verify or warrant whether a Boat is accurately described in an Advertisement or whether a Boat described in an Advertisement is in a particular condition.
3.5 We are not party to any arrangements or agreements between Owners and Potential Hirers, Owners and Hirers, or Owners/Hirers and Ancillary Services providers, nor are we liable in any way for any claims or damages arising from such arrangements or agreements.
3.6 We do not endorse, certify, recommend, warrant, or guarantee the reliability of Members, Boats, or Ancillary Services providers. While we obtain proof of identity, address, and sailing licenses for all Members, we do not guarantee the identity, address, existence, or qualification sufficiency of any Member, nor do we guarantee the accuracy of any other information provided by Members or Ancillary Services providers. You are solely responsible for verifying the identity and suitability of individuals you contact through the Services. Except as explicitly stated in these Terms, we assume no responsibility or liability for any harm or damage resulting from or associated with your use of the Services or any interactions or transactions you have with other Members or Ancillary Services providers.
3.7 We lack the authority to act as agents or brokers (except for the limited purpose of receiving payments on behalf of Owners and Ancillary Services providers), travel agencies, insurers, or marine surveyors. Furthermore, we do not hold ourselves out as providers of any goods or services other than the Services.
3.8 We are not brokers, agents (except for the limited purpose of receiving payments on behalf of Owners and suppliers of Ancillary Services), travel agents, insurers, or marine surveyors nor do we hold ourselves out as suppliers of any goods or services other than the Services.
4. Account Registration
4.1 To access specific features of the Services, create an Advertisement, or rent a Boat, you must register and establish a Bookyourboat Account, thereby becoming a Member. Registration can be completed directly through the Services or as outlined in this section.
4.2 Your Bookyourboat Account and profile page will be created by us for your use of the Services based on the personal information you provide us or that we obtain through a third party, as explained below. You may not maintain more than one active Bookyourboat Account at any given time.
4.3 You commit to supplying accurate, current, and complete information during the registration process and to promptly update such information if it becomes outdated or incomplete. We reserve the right to suspend or terminate your Bookyourboat Account and access to the Services if you establish or allow the existence of more than one Bookyourboat Account simultaneously or if any information provided during registration or thereafter is discovered to be inaccurate, deceptive, outdated, or incomplete.
4.4 From time to time, we may (but are not obligated to) provide you with the option to create a Bookyourboat Account by signing in with an account from specific third-party social networking sites, such as Facebook (“Social Network Site”), with each of these Social Network Site accounts being referred to as a “Third Party Account.”
4.5 We may (but are not obligated to) offer functionality within the Services that allows you to link your Bookyourboat Account to one or more Third Party Accounts through either:
4.5.1. Providing your Third Party Account login information to us through the Services; or
4.5.2. Granting us access to your Third Party Account, as permitted by the applicable terms and conditions governing your use of each Third Party Account.
4.6 By granting us access to any Third Party Accounts, you acknowledge that we will access, make available, and store (if applicable) any Content that you have provided and stored in your Third Party Account (“TPA Content”), so that it is accessible through the Services via your Bookyourboat Account and Bookyourboat Account profile page, to the extent permitted by the applicable terms and conditions and settings governing your use of each Third Party Account. Unless otherwise specified in these Terms, all TPA Content, if any, will be treated as Member Content for all purposes under these Terms. Depending on the Third Party Accounts you select and subject to your privacy settings in those Third Party Accounts, personally identifiable information that you post on your Third Party Accounts will be accessible through your Bookyourboat Account on the Website, Services, and Application.
4.8 Please note that if a Third Party Account or associated service becomes unavailable or Bookyourboat’s access to such Third Party Account is terminated by the Social Network Site, then TPA Content will no longer be accessible through the Website, Services, and Application. You have the capability to disconnect the link between your Bookyourboat Account and your Third Party Accounts at any time by accessing the “Account” section of the Website and Application. Your relationship with the Social Network Site associated with your Third Party Account is solely governed by your agreement with that Social Network Site. We do not attempt to review TPA Content for any purpose, including accuracy, legality, or non-infringement, and we are not responsible for any TPA Content.
5. Account Security
5.1 It is your responsibility to safeguard your password. You agree not to store your password in any form (electronic, paper, or otherwise) and not to disclose your password to anyone. Please be aware that we will never request your password via email, phone, or any other means. If anyone claiming to be from Bookyourboat asks for your password, you should not provide it but should promptly notify us via email at [email protected] with copies of any relevant emails you have received or sent, along with details such as phone numbers from any phone conversations you have had.
5.2 If you suspect that someone may have learned your password at any time, you must immediately change it. You must also notify us immediately if you become aware of any unauthorized use of your Bookyourboat Account, including if your password is changed without your consent.
5.3 You are solely responsible for all activities and actions conducted under your Bookyourboat Account, whether or not you have authorized them, except in cases where such activities or actions were authorized by a third party due to a failure of our security systems beyond your control.
6. User Conduct
6.1 You understand and agree that you are solely responsible for adhering to any and all applicable laws, rules, regulations, and tax obligations in connection with your use of the Services and Content. While using the Services, you may not and agree not to:
6.1.1. Violate any laws, rules, regulations of any jurisdiction, including maritime laws or court orders of competent jurisdiction;
6.1.2. Use manual or automated software, devices, scripts, robots, or other means to access, scrape, crawl, or spider any web pages or other services within the Services or Content;
6.1.3. Utilize the Services for any commercial purposes or other purposes not expressly permitted by these Terms;
6.1.4. Copy, store, or access any information from the Services or Content for purposes not expressly allowed by these Terms;
6.1.5. Infringe upon the rights of any person or entity, including intellectual property rights, privacy, publicity, or contractual rights;
6.1.6. Interfere with or harm our Services, including through the use of viruses, cancel bots, Trojan horses, harmful code, denial-of-service attacks, or similar methods;
6.1.7. Use our Services to transmit, distribute, post, or submit any information about any other person or entity, including photographs of others without their permission, personal contact information, or financial information;
6.1.8. Employ our Services for the dissemination of unsolicited commercial email ("spam") or Advertisements unrelated to available Boats for hire;
6.1.9. "Stalk" or harass any other user of our Services or collect or store personally identifiable information about any other user except for the purpose of conducting transactions as a Hirer, Potential Hirer, or Owner;
6.1.10. Offer Boats as an Owner that you do not own or have permission to rent;
6.1.11. Offer Boats as an Owner that may not be lawfully made available for rent and/or are already rented;
6.1.12. Offer Boats as an Owner that are subject to a mortgage or other third-party rights without obtaining all necessary consents;
6.1.13. Register for more than one Bookyourboat Account or create a Bookyourboat Account on behalf of someone other than yourself;
6.1.14. Contact an Owner for any reason other than inquiries related to booking an Owner’s Boats or Advertisements;
6.1.15. Contact a Hirer for any reason other than inquiries related to booking;
6.1.16. Use the Services to recruit or solicit an Owner or other Member to join competitive third-party services or websites;
6.1.17. Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
6.1.18. Use automated scripts to collect information or interact with the Services;
6.1.19. Use the Services to find an Owner or Hirer and then complete a Boat booking transaction outside of the Services to avoid paying any Service Fees;
6.1.20. As an Owner, submit Advertisements with false or misleading prices or other information, or submit Advertisements with prices or other terms that you do not intend to honor;
6.1.21. Post, upload, publish, submit, or transmit any Content that, in Bookyourboat’s sole judgment:
- (i) Infringes, misappropriates, or violates a third party’s intellectual property rights, including patents, copyrights, trademarks, trade secrets, moral rights, or other rights of publicity or privacy;
- (ii) Violates any applicable law or regulation, or encourages conduct that would violate such laws, regulations, or give rise to civil or criminal liability;
- (iii) Is fraudulent, false, misleading, or deceptive;
- (iv) Is defamatory, obscene, pornographic, vulgar, or offensive;
- (v) Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
- (vi) Is violent, threatening, or promotes violence or threatening actions against any person;
- (vii) Promotes illegal or harmful activities or substances;
6.1.22. Systematically retrieve data or other Content from our Services to create or compile a collection, database, directory, or similar entity, whether through manual methods, bots, crawlers, spiders, or otherwise;
6.1.23. Use, display, mirror, or frame the Services, Bookyourboat’s name, any Bookyourboat trademark, logo, proprietary information, or the layout and design of any page or form on a page contained within the Services without Bookyourboat’s explicit prior written consent;
6.1.24. Access, tamper with, or use non-public areas of the Services, Bookyourboat’s computer systems, or the technical systems of its providers;
6.1.25. Attempt to probe, scan, or test the security of any Bookyourboat system or network, or breach any security or authentication measures;
6.1.26. Circumvent, bypass, remove, deactivate, impair, descramble, or otherwise evade any technological measures implemented by Bookyourboat, its providers, or any other third party (including another user) to protect the Services or Collective Content;
6.1.27. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive, or false source-identifying information;
6.1.28. Attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide the Services or Collective Content; or
6.1.29. Advocate, encourage, or assist any third party in engaging in any of the above activities.
6.2 Bookyourboat retains the right to fully investigate and take legal action (if necessary) against any potential violations of the above. Bookyourboat may also cooperate with law enforcement and prosecuting authorities in pursuing legal actions against those who breach these Terms. You acknowledge that Bookyourboat is not obliged to monitor your access to or use of the Services or Collective Content or review or edit any Member Content. However, Bookyourboat reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Bookyourboat, at its sole discretion, considers objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services.
6.3 If you encounter another user of the Services whom you believe is acting inappropriately, including engaging in offensive, violent, or sexually inappropriate behavior, committing an offense against you, or engaging in any other disturbing conduct, you should immediately report such behavior to Bookyourboat at [email protected]. You are also free to contact the appropriate authorities, then contact Bookyourboat with information about the police station where you reported the incident and a report number, if available, at [email protected]. It is important to note that your report does not obligate us to take any action beyond what is required by law, if applicable, or expose us to any liability towards you.
7. Age Restrictions
To utilize the Services, you must be a minimum of 18 years old, and by accessing or using the Services, you confirm that you meet this age requirement. Owners may establish minimum age requirements for renting their Boats. However, unless otherwise specified in a Boat Advertisement or explicitly agreed upon in writing with an Owner, the minimum age for renting a Boat is 25.
8. Privacy
Please refer to Bookyourboat Privacy Policy at www.bookyourboat.online for information and notifications regarding the collection and utilization of your personal information by Bookyourboat.online.
9. Intellectual Property
9.1 The Services and Collective Content are protected by copyright, trademark, and other applicable laws of The Netherlands and other jurisdictions. You acknowledge and agree that these Services and Collective Content, along with all associated intellectual property rights, are the exclusive property of Bookyourboat and its licensors. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices found in or accompanying the Services or Collective Content.
9.2 All trademarks, service marks, logos, trade names, and any other proprietary designations related to Bookyourboat found on the Website or Services are either trademarks or registered trademarks owned by Bookyourboat. Any other trademarks, service marks, logos, trade names, or proprietary designations are the trademarks or registered trademarks of their respective owners.
9.3 Bookyourboat respects copyright law and anticipates that you will do the same. Bookyourboat's policy is to terminate, when deemed appropriate by Bookyourboat, the Bookyour Accounts of Members or other account holders who infringe or are believed to be infringing the copyrights of others. For further information, please review Bookyourboats’s Copyright Dispute Policy at www.bookyourboat.online
10. Bookyourboat Content and Member Content License
10.1 Subject to your adherence to these Terms, Bookyourboat grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to:
(i) Access and view any Bookyourboat Content that you are authorized to access, solely for your personal and non-commercial purposes; and
(ii) Access and view any Member Content that you are authorized to access, solely for your personal and non-commercial purposes.
10.2 You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Services or Collective Content, except as expressly permitted by these Terms. No licenses or rights are granted to you, either explicitly or implicitly, under any intellectual property rights owned or controlled by Bookyourboat or its licensors, except for the licenses and rights expressly granted in these Terms.
11. Member Content
11.1 Bookyourboat may, at its sole discretion, allow Members to post, upload, publish, submit, or transmit Member Content. By making Member Content available on the Website and Services, you grant Bookyourboat an irrevocable, worldwide, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content through the Services or by other means. Bookyourboat does not claim any ownership rights in your Member Content, and nothing in these Terms restricts your rights to use and exploit your Member Content.
11.2 You acknowledge and affirm that you are solely responsible for all Member Content you make available through the Services. Consequently, you represent and warrant that:
(i) You either own all rights to the Member Content you make available through the Services or possess all necessary rights, licenses, consents, and releases to grant Bookyourboat the rights to such Member Content as outlined in these Terms; and
(ii) Neither the Member Content nor your posting, uploading, publishing, submitting, or transmitting of the Member Content, or Bookyourboat’s use of the Member Content, will infringe upon, misappropriate, or violate any third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, nor will it result in a violation of any applicable law or regulation.
11.3 You agree to indemnify and hold Bookyourboat harmless from any and all claims, as well as any direct and indirect liabilities, costs, proceedings, damages, losses, and expenses (including legal and other professional expenses) that may be awarded against, incurred, or paid by Bookyourboat due to or in connection with any claim arising from a violation of Article 11.2.
12. Links
The Services may incorporate links to third-party websites or resources. You acknowledge and agree that Bookyourboat assumes no responsibility or liability for:
(i) The availability or accuracy of such websites or resources; or
(ii) The content, products, or services offered on or available through such websites or resources. The inclusion of links to such websites or resources does not constitute an endorsement by Bookyourboat of such websites or resources or the content, products, or services they provide. You assume sole responsibility for, and bear all risks associated with, your use of any such websites or resources or the content, products, or services offered by them.
13. Feedback
We encourage you to provide feedback, comments, and suggestions for improving the Services ("Feedback"). You may submit Feedback by emailing us at [email protected]. You acknowledge and agree that all Feedback becomes the sole and exclusive property of Bookyourboat. As such, you hereby irrevocably assign to Bookyourboat all your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights. Upon Bookyourboat's request and at its expense, you will execute any necessary documents and take additional actions as reasonably requested by Bookyourboat to assist Bookyourboat in obtaining, perfecting, and protecting its intellectual property rights and other legal protections for the Feedback.
14. Terminations and Bookyourboat Account Cancellation
Bookyourboat reserves the right, without liability to you, and with or without cause and with a prior notice of 7 days, to:
(a) Terminate these Terms or your access to our Services; and
(b) Deactivate or cancel your Bookyourboat Account.
In the event of termination, Bookyourboat will promptly settle any legally obligated payments to you. If Bookyourboat terminates these Terms, your access to our Services, or deactivates or cancels your Bookyourboat Account, you remain liable for any amounts owed under these Terms. You may cancel your Bookyourboat Account at any time by sending an email to [email protected]. Please note that Bookyourboat is not obliged to delete or return to you any Content you have posted to the Website or otherwise through the Services, including reviews or Feedback.
B. ADVERTISEMENTS AND BOOKINGS
15. Boat Listings
You have the option to create boat listings if you qualify as both an owner and a member. These listings should provide comprehensive details about the boats you want to rent out. This includes essential information such as location, size, features, availability, any specific qualifications or experience needed, usage restrictions, and pricing.
Understand that these boat listings will be made publicly accessible through our services. Other members will be able to book your boats based on the information you provide.
It's important to note that any changes to the agreed-upon rental price or terms must have the consent of both the owner and the hirer.
You, as the user posting these boat listings, are entirely responsible for the content and accuracy of the information provided.
We insist that you do not violate any agreements you may have with third parties. This includes any individuals who may have financed the purchase of the boat.
Compliance with all applicable laws, rules, and regulations is mandatory. This includes any laws relating to the commercial use of boats and marina regulations.
We want to clarify that Bookyourboat does not assume responsibility for an owner's compliance with local laws and regulations. As such, owners indemnify Bookyourboat from any claims or liability stemming from non-compliance.
We reserve the right, without prior notice, to remove or disable access to any boat listing that, in our reasonable opinion, breaches these terms or is potentially harmful to Bookyourboat’s reputation.
It's important to understand that Bookyourboat does not function as an insurer or agent. Agreements and responsibilities between owners and hirers are solely their responsibility.
16. Pricing and Charges
The pricing displayed in each boat listing consists of hire charges and late charges. When applicable, taxes may also apply and will be clearly stated in the listing.
It's important to understand that owners determine the hire charges, which can include additional costs such as cleaning fees or pre-paid fuel charges, as they see fit.
Owners are responsible for fulfilling confirmed bookings. Bookyourboat acts as a payment agent on the owner's behalf, collecting payments from hirers and transmitting them to the owner as per the agreed terms.
Please note that Bookyourboat does not control any fees that may be charged to a hirer by their bank related to Bookyourboat’s collection of hire charges or late charges.
In connection with a booking request, a prospective hirer will be required to provide standard billing information like their name, billing address, and payment details, either to Bookyourboat or a third-party payment processor. Payment for hire charges and late charges is to be made as described on the website or via credit card. You authorize Bookyourboat to charge your credit card in case of damage to the boat as described in paragraph 16.
17. Service Fees for Owners
Bookyourboat charges service fees to owners based on a percentage of the hire charges and late charges, excluding any taxes. In some cases, additional taxes, such as Value Added Tax, may apply in addition to the service fees.
These service fees are deducted from the hire charges before remitting the payments to owners, typically within 24 hours of the hirer checking in.
18. Cancellation Policy
Cancellation policies are set by owners and may be categorized as strict, medium, or flexible, depending on their preferences. If not specified by the owner, a general policy applies.
Cancellation policies specify the terms for refunding bookings. These policies are crucial for both hirers and owners.
Bookyourboat’s service fees are non-refundable, regardless of the cancellation policy in effect.
In case of a dispute, Bookyourboat has the final say.
19. Bookyourboat as Payment Agent for Owners
Owners appoint Bookyourboat as their limited agent for the sole purpose of collecting payments from hirers on their behalf and forwarding those payments to the owner, minus the applicable service fees.
Payments made by hirers to Bookyourboat are considered equivalent to payments made directly to the owner. The owner is expected to make the boat available as agreed upon.
Bookyourboat may, in accordance with the owner's selected cancellation policy, permit hirer cancellations and refund the portion of the hire charges specified in the policy.
Bookyouboat’s role as a payment agent does not make it liable for any actions or omissions of the owner.
C. BOAT RENTAL TERMS
20. Competency of the Hirer and Crew
The Hirer guarantees and assures the Owner that they, along with their crew, possess all the required qualifications, experience, and skills to safely operate and navigate the Boat. They must also comply with all relevant laws and, if necessary, hold a boatmaster's license ("vaarbewijs"). If such a license is necessary, the Hirer must present it to the Owner or the Owner's representative before the start of the Agreed Rental Period. Failure to provide this license may result in the Hirer being denied access to the Boat.
21. Competency of the Owner and Crew
The Owner guarantees and assures the Hirer that they, along with their crew, possess all the required qualifications, experience, and skills to safely operate and navigate the Boat. They must also comply with all relevant laws and, if necessary, hold a boatmaster's license ("vaarbewijs"). If such a license is necessary, the Owner must present it to the Hirer or the Hirer's representative before the start of the Agreed Rental Period.
22. Pre-Rental Inspection and Sea Trials
22.1. Before the Agreed Rental Period begins, the Hirer has the option to inspect the Boat in the presence of the Owner or the Owner's representative. This inspection helps ensure that the Boat's condition aligns with the description in the advertisement the Hirer responded to or as otherwise agreed upon.
22.2. Either the Hirer or the Owner (including the Owner's representative) can request a sea trial of up to one hour. This trial assesses the Boat's condition (from the Hirer's perspective) and the competency of the Hirer and their crew.
22.3. After an inspection or sea trial, if the Hirer reasonably determines that (i) the Boat's condition does not match the advertisement or the agreed condition with the Owner, or (ii) the Boat is not seaworthy, the Hirer can terminate the rental. They are entitled to (i) a refund of all payments made, with no liability for Hire Charges or Late Charges, and (ii) the release of their Security Deposit.
22.4. Before or after the sea trial, if the Owner or the Owner's representative (acting reasonably) decides that the Hirer and/or their crew lack the competence to operate the Boat safely and legally, the Owner may terminate the rental. They are entitled to receive sums equivalent to what the Hirer would have paid under the Owner's cancellation policy specified in the relevant advertisement for a same-day cancellation. If the Owner successfully re-rents the Boat for any part of the original Agreed Rental Period, the original Hirer will receive a credit for the amounts received, minus any additional costs incurred by the Owner.
22.5. Accepting the Boat signifies that the Hirer finds it to be in satisfactory condition, in line with the contract's terms between the Hirer and the Owner.
22.6. If the Hirer does not take delivery of the Boat within three hours from the start of the Agreed Rental Period and has not notified the Owner of a delayed acceptance during the Agreed Rental Period, the Owner may terminate the rental. The Owner is entitled to receive sums equivalent to what the Hirer would have paid under the Owner's cancellation policy specified in the relevant advertisement for a same-day cancellation. If the Owner re-rents the Boat for any part of the original Agreed Rental Period, the original Hirer will receive a credit for the amounts received, minus any additional costs incurred by the Owner.
23. Hirer's Responsibilities
Throughout the Actual Rental Period, the Hirer agrees to:
23.1. Operate and navigate the Boat safely and in compliance with all applicable laws, including customs, marina, harbor, and port regulations.
23.2. Ensure the Boat is moored only at secure and properly maintained mooring points.
23.3. Anchor the Boat only in suitable and unrestricted anchoring locations.
23.4. Not leave the Boat unattended unless it is safely moored or anchored in a designated location, with all access locks secured.
23.5. Cover all running costs during the Actual Rental Period, including fuel, marina/harbor/port/mooring fees, pilot fees, charts (unless provided by the Owner), food, and water.
23.6. Use the Boat exclusively for private pleasure cruising and not for any commercial or business purposes. Unless otherwise agreed upon with the Owner.
23.7. Not exceed the Boat's authorized passenger capacity set by relevant authorities.
23.8. Not bring any animals on board without the Owner's prior written consent.
23.9. Stay within specified geographical limits.
23.10. Not engage in racing activities without the Owner's written permission.
23.11. Not sell, mortgage, pledge, hire, lend, or relinquish possession of the Boat, whether wholly or partially.
23.12. Cover the cost of any damage or loss to the Boat not recoverable under the Insurance Policy.
23.13. Report any Boat failures, damage, or incidents involving third parties promptly, within eight hours of the occurrence, and follow Owner instructions.
23.14. Not engage in any activities that could void or allow insurers to void the Insurance Policy or deny any claims.
23.15. Indemnify the Owner for losses or damage resulting from any breach of paragraph 23.14.
23.16. Return the Boat to the Owner at the end of the Agreed Rental Period, free of any encumbrances, in good, clean, and tidy condition (except for fair wear and tear), at the agreed location.
23.17. If the Hirer fails to meet the requirement in 23.16, they must pay Late Charges to the Owner for the entire period between the Agreed Rental Period's end and the Actual Rental Period's end, unless the failure results from a risk covered by the Insurance Policy or a Boat malfunction not caused by the Hirer.
24. Owner's Responsibilities
Subject to paragraph 22.4, the Owner commits to the Hirer by agreeing to:
24.1. Deliver the Boat to the Hirer:
24.1.1. At the start of the Agreed Rental Period, at the agreed location. Failure to do so may result in (i) limited liability if the delay is up to 25% of the Agreed Rental Period, or (ii) full refund and the release of the Security Deposit if the delay is 25% or more of the Agreed Rental Period.
24.1.2. In the condition described in the advertisement the Hirer responded to or as otherwise agreed.
24.2. If a Hirer terminates the rental as per paragraph 24.1.1, compensate the Hirer for reasonable non-refundable travel or accommodation expenses, subject to certain limitations.
24.3. Allow the Hirer to use the Boat as per these Terms for the Agreed Rental Period, unless explicitly stated otherwise in the advertisement or agreed in writing.
D. INSURANCE & DAMAGE TO BOATS
26. Scope of Bookyourboat’s Obligations
26.1. When using the Services, you acknowledge that you do so at your own risk. Bookyourboat is not obligated to conduct background checks on any Members, but it may choose to do so at its discretion. The Services and Collective Content are provided "as is," without any warranties, including merchantability, fitness for a particular purpose, or non-infringement. Bookyourboat makes no guarantees regarding the quality of Advertisements, Boats, Services, or Member Content, and it does not ensure the accuracy, timeliness, truthfulness, completeness, or reliability of Member Content.
26.2. No advice or information received from Bookyourboat or through the Services will create any warranties unless expressly stated.
26.3. You are responsible for your interactions with other users, and Bookyourboat does not verify user statements or inspect Boats. Bookyourboat is not responsible for user conduct or compatibility with other users.
26.4. Bookyourboat disclaims liability for any act or omission of any Potential Hirer, Hirer, or third party.
27. Limitation of Liability
27.1. You acknowledge that the entire risk of using the Services, including Advertisements, bookings, and Boat use, remains with you. Bookyourboat and other parties involved in providing the Services will not be liable for direct or indirect damages, including lost profits, data loss, goodwill loss, service interruption, computer damage, or system failure. This limitation of liability applies to all claims, whether based on warranty, contract, unlawful act, product liability, or any other legal basis, even if Bookyourboat has been informed of the possibility of such damages.
27.2. Except for Hirers' payments to Owners under these Terms, Bookyourboat's aggregate liability will not exceed the amounts paid by you for bookings in the twelve (12) months preceding the event giving rise to liability or EUR 100, if no such payments were made. This limitation does not apply if your jurisdiction does not allow exclusion or limitation of liability for consequential or incidental damages.
28. Indemnification
28.1. You agree to release, defend, indemnify, and hold Bookyourboat and its parent companies, officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, and expenses arising from your use of the Services or any breach of these Terms.
28.2. This indemnification does not limit Bookyourboat's liability for death or personal injury resulting from its acts or defaults or those of individuals for whom it is responsible.
Damage to the Boat during the Rental Period
29.1. In the event of any damage to the Boat during the Rental Period, the Renter must immediately report this to the Owner and Bookyourboat. The Renter is liable for all damage caused to the Boat during the Rental Period, including damage to the hull, equipment, interior, and equipment of the Boat.
29.2. The Owner has the right to have necessary repairs done to restore the Boat to its original condition and may charge the Renter for the costs of these repairs, including labor and parts.
29.3. If the damage is covered by the Boat's Insurance Policy, the costs of the repairs will be primarily covered by the insurance. However, the Owner is still responsible for reporting and handling the claim with the insurer and may be held responsible for any non-covered costs.
29.4. If the damage is covered by the Boat's Insurance Policy, Bookyourboat will cooperate with the Owner to file the claim with the insurer and ensure appropriate resolution.
29.5. If the damage is not covered by the Boat's Insurance Policy, the Renter is responsible for reimbursing the Owner for the costs of the repairs.
29.6. If the Renter or a third party is responsible for the damage to the Boat, the Owner may file a claim with the Renter's insurer or other relevant party to cover the costs of the repairs.
29.7. If the Renter or a third party is responsible for the damage to the Boat and the damage is not covered by insurance, the Owner has the right to recover the costs of the repairs from the Renter.
29.8. If the damage to the Boat results from intentional abuse, recklessness, or misconduct by the Renter, the Owner may take further legal action to seek compensation.
E. PAYMENTS AND MONEY TRANSFERS
General Payment Terms
30.1. Payments for rental fees and any late return fees will be processed through Bookyourboat's payment system or an external payment processor as indicated on the website. Payments can be made by credit card or other available payment methods.
30.2. By using the Services, you agree to pay the rental fees and any late return fees for the Boats you rent, as well as any taxes applicable to these fees.
30.3. Rental fees and late return fees will be charged at the time of booking unless otherwise indicated on the website. If the booking is made at a later time, the fees will be charged at the time of booking.
30.4. Bookyourboat may charge service fees for specific services, such as cancellations, insurance, or other additional services. These fees will be listed on the website and apply to the services for which they are due.
30.5. Payments will be processed in the currency indicated on the website and converted to other currencies based on applicable exchange rates. Any currency conversion fees or charges will be borne by the payer.
30.6. If your payment information is incorrect or outdated, Bookyourboat reserves the right to attempt to collect the payment through other available payment methods or means.
Cancellations and Refunds
31.1. Cancellation policies are determined by Owners and may vary based on their preferences. The cancellation policy for a specific Boat will be listed on the website at the time of booking and accepted by the Renter when completing the booking. Renters are responsible for understanding and accepting the Owner's cancellation policy before making a booking.
31.2. If a Renter cancels a booking, any refunds will be processed according to the Owner's applicable cancellation policy for the specific booking. Refunds, if applicable, will be offset against any late return fees or other outstanding amounts owed by the Renter.
31.3. Bookyourboat's service fees are non-refundable and will not be refunded in case of cancellation, regardless of the applicable cancellation policy.
31.4. In the event of a cancellation by the Owner, Bookyourboat will ensure that the Renter receives a full refund of all amounts paid, including rental fees and service fees.
31.5. In case of a dispute related to cancellation or refund, Bookyourboat is the final authority for decisions and disputes.
Late Return Fees
32.1. If the Renter does not return the Boat on time as agreed upon in the booking, late return fees may be charged by the Owner. These fees will be calculated based on the rate specified in the Boat's listing or as otherwise agreed upon between the Renter and the Owner.
32.2. Late return fees may be charged on an hourly or daily basis, depending on the agreement between the Renter and the Owner and the rates listed. If no specific rate is specified, the Owner may charge reasonable late return fees based on typical market rates for similar Boats.
32.3. The Renter is responsible for paying all late return fees and agrees to make these payments to the Owner through Bookyourboat's payment system or other payment methods specified by the Owner.
Security Deposits
33.1. Owners may require a security deposit from Renters as part of the booking. The security deposit will be listed on the website at the time of booking and will be collected through Bookyourboat's payment system.
33.2. The security deposit will be held by Bookyourboat and may be used to cover any costs arising from damage to the Boat or other breaches of these Terms by the Renter during the Rental Period.
33.3. In the absence of damage or breaches, the security deposit will be refunded to the Renter within a reasonable period after the end of the Rental Period through Bookyourboat's payment system or other methods specified by Bookyourboat.
33.4. In case of a dispute regarding the security deposit or any withheld costs, Bookyourboat is the final authority for decisions and disputes.
F. DISPUTES AND COMPLAINTS
Disputes between Members
34.1. In the event of a dispute between Members related to a booking, rental period, damage, payment, or any other aspect of the Services, Members should attempt to resolve the dispute among themselves through reasonable communication and negotiation.
34.2. If Members are unable to resolve a dispute among themselves, they may contact Bookyourboat for assistance with mediation. Bookyourboat will attempt to mediate and assist the parties in reaching a resolution.
34.3. If the dispute cannot be resolved through negotiation and mediation, the parties agree to submit the matter to binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The parties will select a neutral arbitrator to resolve the dispute.
34.4. Arbitration will take place in the state of California, United States, and the arbitrator's decision will be final and binding on both parties. The costs of arbitration, including the arbitrator's fees, will be equally divided between the parties unless the arbitrator decides otherwise.
34.5. This arbitration clause does not prevent Members or Bookyourboat from taking legal action in the case of urgent matters, such as a violation of intellectual property rights or violations of these Terms posing an immediate and serious risk to the parties involved.
34.6. These Terms and any disputes arising out of or related to these Terms or the use of the Services shall be governed by and interpreted in accordance with the laws of the state of California, United States, without regard to conflicts of law provisions.
G. TERMINATION OF THESE TERMS
Termination by Members
37.1. Members may terminate their use of the Services at any time by deactivating their accounts through the website or by contacting Bookyourboat. Termination of your account may have implications for ongoing bookings or other obligations.
37.2. Termination of your account does not automatically cancel or terminate any ongoing bookings or financial obligations. All ongoing bookings and financial obligations remain in effect according to the applicable terms.
Termination by Bookyourboat
38.1. Bookyourboat may terminate or suspend your access to or use of the Services at any time if you breach these Terms, fail to meet your obligations under these Terms, or if Bookyourboat, in good faith, believes that your use of the Services harms the rights of other Members or third parties or is otherwise detrimental to Bookyourboat.
38.2. Bookyourboat may terminate or suspend access to or use of the Services for any reason at its sole discretion and without prior notice.
38.3. In the event of termination by Bookyourboat, any ongoing bookings or financial obligations will be managed according to the applicable terms and procedures.
H. AMENDMENTS TO THESE TERMS
Amendments to these Terms
39.1. Bookyourboat reserves the right to modify or update these Terms at any time. Changes to these Terms will be effective as of the date they are posted on the website or on a later date specified.
39.2. It is the responsibility of Members to regularly check for changes to these Terms and stay informed of any updates.
39.3. Continued use of the Services after notice of changes to these Terms is considered acceptance of the amended Terms.
I. GENERAL PROVISIONS
General Provisions
40.1. These Terms constitute the entire agreement between Members and Bookyourboat with respect to the subject matter herein and supersede all prior agreements, whether written or oral, regarding the same subject matter.
40.2. Failure by Bookyourboat to enforce any provision of these Terms shall not be considered a waiver of that provision or the right to enforce that provision at any time in the future.
40.3. If any provision of these Terms is determined by a competent court to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary to allow the remaining provisions of these Terms to remain in full force and effect.
40.4. You may not assign, delegate, or otherwise transfer your rights or obligations under these Terms without the prior written consent of Bookyourboat. However, Bookyourboat may, at its sole discretion and without limitation, assign, delegate, or otherwise transfer its rights or obligations under these Terms.
40.5. These Terms do not create a partnership, joint venture, franchise, or employment relationship between Members and Bookyourboat.
40.6. Section titles in these Terms are for convenience only and have no effect on the interpretation or application of these Terms.
Contact Information
41.1. For questions, comments, complaints, or contact related to these Terms or the Services, please contact Bookyourboat using the contact information provided on the website.
Please let me know if you need any further information about a specific section of these Terms or if you have any other questions.