Access to and use of our Services and our website (boataffair.com and any other websites affiliated with our company Boataffair AG) are subject to acceptance and compliance with these Terms of Use (also referred to as Terms and Conditions). These Terms of Use apply to all individuals and Charterers who access or use our Services. These Terms of Use constitute the contractual clauses that govern your relationship with Boataffair AG, Bellikon, Switzerland.
By accessing or using our Services, you agree to be bound and adhere to the most recent version of our Terms of Use, which can be changed by Boataffair AG at any time with immediate effect. In case of disagreement with any parts of the Terms of Use, the Charterer must not access the Service and stop using it.
Boataffair AG is a company registered in Switzerland at the following address:
Boataffair AG
Schützenstrasse 43
5454 Bellikon
Switzerland
VAT Number: CHE-488.755.430
1. General Information
1.1 Boataffair AG (referred to as Boataffair or BoatAffair) is a yacht charter broker company based in Switzerland. Via our website we make available yachts, or other assets, defined as a boat, a motorboat, superyacht, motor yacht, catamaran, sailing yacht, house boat or other accommodation (hereinafter referred to as "Yachts", displayed as a "Listing" on our website) for charter against a Charter Fee, and additional expenses if applicable, see paragraph 1.7. This is hereinafter referred to as "Services”. The Yachts shown on our website are managed by professional yacht charter operators, also commonly referred to as Yacht Central Agents, (hereinafter referred to as “Operators") for or on behalf of yacht owners.
1.2 Boataffair AG displays Yachts on the website boataffair.com (and any other websites affiliated with our company Boataffair AG) only with the express approval and permission of the respective Operators and/or the owner(s) of the Yachts.
1.3 Boataffair AG may also charter out Yachts that are not displayed on the website boataffair.com (and any other websites affiliated with our company Boataffair AG), but always with the express approval and permission of the respective Operators and/or the owner(s) of the Yachts.
1.4 The Site, Application and Services can be used to facilitate the listing and booking of Yachts. Such Yachts are included in Listings on the Site, Applications and Services by Operators. Visitors to our website may view Listings as an unregistered Visitor to the Site, Application and Services.
1.5 Boataffair AG is not the owner of the yachts displayed our website.
1.6 The time during which a Yacht is chartered out shall be called the charter period (hereinafter referred to as "Charter Period").
1.7 Charterers pay a Charter Fee (referred to as the "Charter Fee") for a yacht charter (Services). Additional expenses such as proviosioning (food and drinks), fuel, port fees, crew costs, and other expenses incurred during the Yacht Charter, as well as Value Added Tax (VAT), may apply depending on the geographical location of the Yacht Charter and the Charter Contract in use. In all cases, such additional expenses shall be detailed in full transparency in the Charter Contract.
1.8 A Charter Contract (“Charter Contract”) is applied to govern a Yacht Charter. Depending on the type of yacht, the country in which the yacht is chartered, and the local jurisdiction, a contract recognised by the international yacht charter industry may be applied.
1.9 Boataffair AG, with a registered office in 5454 Bellikon, Switzerland, provides services via its website boataffair.com (and any other websites affiliated with our company Boataffair AG (hereinafter referred to as "the Site") and as applications for mobile, tablet and other smart devices and application program interfaces (referred to as the "Application" ).
1.10 Charterers (the "Charterer”, or the “Charterers”) are individuals who use the Services of Boataffair AG and agree to these Terms of Use and the Privacy Policy (hereinafter referred to as "the Terms") for using and whilst using the Services of Boataffair AG. Furthermore, Charterers are individuals that enter into a Charter Contract as per Paragraph 5 “Payment Policy Yacht Charters” and therefore accept these Terms of Use. If Charterers do not agree to these Terms, they have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may make Charterers subject to civil and criminal penalties.
1.11 All legal relations between Boataffair and the Charterers (also referred to as clients) of Boataffair AG, regarding the Services of Boataffair are governed by these Terms and the respective Charter Contract. These Terms, furthermore, govern Charterers’ access to and use of the Boataffair website, its subdomains, its mobile application(s), and all of the websites and Internet properties owned or operated by Boataffair, including without limitation, any information, text, graphics, photos, blog entries, reviews, or other materials uploaded, downloaded, or appearing on the Platform (collectively referred to as "Content").
1.12 Boataffair AG is not an insurance company.
1.13 A Listing of a Yacht is not contractual. All information and images in a Listing are provided in good faith and are offered for information purposes only. The Operators are responsible for all of the information in a Listing. The Operators are responsible for the maintenance, the insurance and for the compliance with local tax laws for the Yachts displayed in a Listing. Boataffair AG does not make any representation, warrants or assumes any legal liability or responsibility whatsoever, express or implied, for the accuracy, reliability, completeness or usefulness of any information or images displayed. Yacht inventory, charter fees, pricing components of the charter fee (i.e. APA (Advance Provisioning Allowance), VAT and other), and any other specifications are subject to changes at any time without prior notice. None of the images or information provided in Listing may be reproduced without Boataffair AG’s written consent.
2. Terms of Use
2.1 By using the Site (boataffair.com and any other websites affiliated with our company Boataffair AG ), Application or Services, Charterers agree to comply with and be legally bound by the terms and conditions of these Terms of Use. These Terms govern Charterers’ Access to and use of the Site, Application and Services.
2.2 It is recommended that Charterers and all individuals interested in using our Services carefully read Boataffair’s Privacy Policy at https://boataffair.com/articles/privacy_policy
3. Modification and Termination
3.1 Boataffair AG reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Charter Fees, at any time and without prior notice. If Boataffair AG modifies these Terms, Boataffair AG will post the modification on the Site.
3.2 Changes to the Term of Use will become effective and will apply to the information collected starting on the date Boataffair AG posts the revised Term of Use on the Site. Charterers’ continued use of the Site after any change has become effective will constitute Charterers’ acceptance of any change.
Accordingly, Boataffair AG urges Charterers to frequently review the Term of Use posted on the Site. If the modified Terms are not acceptable for the Charterers, their only recourse is to cease using the Site, Application and Services. If the Charterer does not contact welcome@boataffair.com to tell Boataffair AG that the they wish to cease using the Site, they will be deemed to have accepted the changes.
3.3 Boataffair AG may terminate the agreement with Charterers at any time, without notice to Charterers, if Boataffair AG believes, in its sole discretion that Charterers have breached or may breach any term or condition of the Terms, or Boataffair may terminate this agreement for Boataffair AG's convenience. Charterers may terminate this agreement at any time by destroying all materials received from Boataffair AG's Site and ceasing to use the Site. Boataffair AG reserves the right, without notice and for any reason, to remove any Content on the Site and to deny access of any Charterer(s) to all or any part of the Site. Boataffair AG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice Charterers agree that Boataffair AG will not be liable to Charterers or to any third party for any modification, suspension or discontinuance of the Site.
4. Eligibility
The Site, Application and Services are intended solely for persons who are 18 years of age or older. Any access to or use of the Site, Application or Services by anyone under 18 years of age is expressly prohibited. By accessing or using the Site, Application or Services the Charterers represents and warrants that he/she is 18 or older.
5. Payment Policy Yacht Charters
5.1 The Charterer makes payment to Boataffair AG for the yacht charter, referred to as the Charter Fee. Additional expenses may apply, see paragraph 1.7.
5.2 The payment of the Charter Fee (or first instalment thereof) by the Charterers to Boataffair AG is needed by Boataffair AG to confirm a booking and to reserve a yacht in the Charterers’ name. No booking is confirmed without having received payment by the Charterers. The first installment of the Charter Fee is non-refundable, unless otherwise stated in the respective Charter Contract.
5.3 The Charter Contract becomes effective in the instant that the Charterers sign the charter contract. Depending on the type of yacht, the country in which the yacht is chartered and the local jurisdiction, a contract recognised by the international yacht charter industry may be applied.
5.4 All Payments shall be made in accordance with the Charter Contract and with Boataffair AG’s payment policies as set out here in paragraph 5 “Payment Policy Yacht Charters” of these Terms of Use, and consistent with the terms and conditions of third-party payment processors, applicable laws, and Charterers’ credit card issuer, bank or other financial institution. Except as expressly set forth in the respective charter contract or as otherwise agreed by Boataffair AG, all amounts paid are non-refundable and non-cancellable.
5.5 Boataffair AG reserves the right to refuse to process or confirm a booking, or a cancellation in the event of problems with payment processing of Operator’s or Charterers’ payment information.
5.6 All CharterFees for the Yachts for the respective Charter Period are displayed in the Listings and will vary depending on season and availability. Boataffair AG communicates the Charter Fees in our offers (quotation) to the Charterers prior to entering into a Charter Contract.
6. Cancellation Policy Yacht Charters
6.1 If a cancellation is made by the Charterers after signing the Charter Contract and submitting payment to Boataffair AG, the respective Cancellation Policy of the Charter Contract is applicable and will be put into effect. Every Operator is responsible for their own Cancellation Policy. If applicable (see 5.3 above), the terms and conditions of a contract recognised by the international yacht charter industry will be brought into effect.
6.2 For a Cancellation made by the Charterers less than 30 days before a Yacht Charter: No refund of the full payment shall be made, unless the Operator’s Cancellation Policy states otherwise.
6.3 Boataffair AG is not responsible for local country rules, laws or legislations which may cause damage to the Charterers or that may prevent the Charterers to enter a country for a Yacht Charter. It is the responsibility of the Charterers to gather sufficient information about respective local rules, laws and legislations before travelling and Boataffair AG shall not be made responsible or be held accountable for any damage caused to the Charterers by local country rules, laws and legislations.
6.4 Boataffair AG is not responsible for weather conditions and/or unexpected technical issues before or during a Yacht Charter.
6.5 Due to the possibility of unforeseen events outside of Boataffair AG's control (i.e. COVID-19 or other Force Majeure events), the Charterers are solely responsible for taking out a cancellation insurance.
6.6 The Operator is fully liable towards the Charterers and Boataffair AG for damages caused by any actions and/or omissions which have an impact on the Yacht Charter itself or to the Charter Period. Such damages include also frustrated costs (e.g. travelling, accommodation, etc).
6.7 Boataffair AG is not and cannot be responsible for gross misconduct by the Charterers during a Yacht Charter. It is at the Operator's discretion to end a Yacht Charter in case of misconduct by the Charterers, and no refunds shall be made to the Charterers in the case that the Operator ends a Yacht Charter on this basis.
7. Intellectual Property
7.1 The Site is protected by copyright, trademark, and other intellectual property rights and laws of Switzerland and other applicable countries. Charterers and all visitors to our websites agree to honor and abide by all applicable intellectual property and other rights and laws, as well as any trademark or copyright notices or restrictions contained in the Terms. The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Site are the property of Boataffair AG or its advertisers, Visitors, Operators, Charterers, or other licensors, unless as otherwise disclosed. Charterers, visitors to our website and everybody else are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Site or its Content for commercial or public purposes without express authorization from Boataffair AG.
7.2 Subject to Charterers’ compliance with the Terms, Boataffair grants Charterers a limited, revocable, non-exclusive, non-transferable license to access, use, display, and navigate the Site solely for Charterers’ personal use. Boataffair may display advertisements or other content from third parties on the Site, such as banner advertisements, pop-up windows, and links to third party websites. Boataffair AG is not responsible for the Content of such advertisements and Content, or for any products, services or other materials relating to such advertisements or Content.
8. Taxes
The Operator understands and agrees that he/she is solely responsible for determining (i) applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings, such as Valued Added Taxes (VAT) in Europe, and other taxes globally. The Operators are also solely responsible for remitting to the relevant authority any Taxes included or received. Boataffair AG cannot and does not offer Tax-related advice to any Charterers.
9. Damage to Yachts and Security Deposits
9.1 The Charterers are responsible for leaving the Yachts (including any personal or other property located on the Yachts) in the condition they were found in at Check-in upon embarkation. Charterers and Operators acknowledge and agree that, they are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom they invite to, or otherwise provide access to the Yachts.
9.2 If required, Operators may request a Security Deposit for chartering out their Yachts (hereinafter referred to as the "Security Deposits"). Operators are responsible for establishing any terms and conditions of such Security Deposits (e.g. in Cash or deposit by Credit Card). Security Deposits, if required by the Operators, may be used to pay any Fees due from Charterers overstaying a Yacht Charter without the Operators consent or damage to the Yachts caused by the Charterers.
10. Limitation of Liability
10.1 The Site must not be used for purposes that violate the Terms of Use or are otherwise illegal or immoral. Third party rights must not be violated.
10.2 Charterers acknowledge and agree that, to the maximum extent permitted by the law, the entire risk arising out of their access to and use of the Site, as well as the. Use of Boataffair AG’s Services, remains with the Charterers. Charterers acknowledge that information transmitted through the internet is never completely secure. Neither Boataffair, nor any of its owners, directors, officers, managers, employees, affiliates, agents, designees or representatives (collectively “Boataffair Associates”) shall be liable to Charterers or any third party for any damages or attorney fees, or for any lost data or lost profit, arising out of Charterers’ use of the Site or inability to gain access to or use the Site.
10.3 It is the sole responsibility of the Operator and theCharterer to ensure that all legally required insurance cover is properly arranged prior to and for the duration of theCharter Period.
10.4 It is the sole responsibility of the Operator to ensure that all legally required insurance, for example social insurance in connection with labour law provisions, is covered properly for any employees, associates, affiliates, representatives (such as the skipper or captain of a yacht, the yacht crew, the cabin staff, service staff, etc.) of the Operator prior to and for the duration of the Charter Period and that any insurance cover over legal requirements which is considered necessary by the Operator is arranged directly by the Operator.
11. Disclaimer
11.1 The use of the service is at the sole risk and responsibility of the Charterers. The use of the Site by the Charterers takes place on an "AS IS", ("AS IS",) and "IF AVAILABLE", ("AS AVAILABLE") basis. The service of Boataffair AG is provided without guarantees of any kind, explicit or implicit, including, but not limited to, implied warranties, non-violation or performance of the service.
11.2 Boataffair AG, its subsidiaries, affiliates, employees and licensors do not guarantee that
12. Indemnification
Charterers agree to release, defend, indemnify, and hold Boataffair AG and its Boataffair AG Associates harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) the access to or use of the Site, Application or Services or the violation of these Terms; (b) the Charterers’ Content; (c) the (i) interaction with any Client, (ii) conclusion of a Charter Contract, or (iii) creation of a Listing; (d) the use, condition or conclusion of a Charter Contract by the Charterer, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of a Yacht.
13. Controlling Law and Jurisdiction
These Terms and the use of the Site, Applications and Services for the Charterers will be interpreted in accordance with the laws of Switzerland, without regard to its conflict-of-law provisions, namely the United Nations Convention on Contracts for the International Sale of Goods (CISG). Disputes, differences of opinion or claims arising out of or in connection with the site, application or Service of Boataffair AG, including its validity, invalidity, breach or dissolution, shall be decided exclusively by the ordinary courts at the court of the registered office of Boataffair AG, in Canton Aargau, Switzerland.
14. Severability Clause
If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
15. Questions and Feedback
If Charterers or visitors to our website have any questions about these Terms of Use, the practices of our Site, or Charterers’ dealings with Boataffair AG, please contact Boataffair AG at:
Boataffair AG
Schützenstrasse 43
5454 Bellikon
Switzerland
We welcome questions and feedback.