TERMS OF USE

Access to and use of the platform are subject to acceptance and compliance with these Terms of Use. These Terms of Use apply to all Users who access or use the service. These Terms of Use constitute the contractual clauses that govern your relationship with Boataffair AG, Bellikon, Switzerland.
By accessing or using the service, 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, you must not access the Service and stop using it. 

1. General Information

1.1 Boataffair AG (Boataffair) provides an online platform that connects professional yacht charter operators, including professional yacht owners, yacht managers and yacht  charter companies,(hereinafter referred to as “Operators") who are willing to rent their yachts and/or boats, or other assets, defined as a boat, a motorboat, superyacht, motor yacht, catamaran, sailing dinghy, sailing yacht, sailing boat, house boat or other accommodation (hereinafter referred to as "Boats", each a "Listing") to Renters (hereinafter referred to as "Services"). 

1.2 The Site, Application and Services can be used to facilitate the Listing and booking of Boats. Such Boats are included in Listings on the Site, Application and Services by Operators. Visitors may view Listings as an unregistered Visitor to the Site, Application and Services; however, if the Visitor wishes to rent a Boat or create a Listing, they must first register to create a Boataffair Account or contact Boataffair via email.

1.3 Boataffair is not an owner or operator of Boats, including, but not limited to, motorboats, sailing dinghies, sailing yachts, sailing boats, catamarans, house boats or other accommodations, and Boataffair does not sell, resell, provide, rent, re-rent, manage and/or control Boats, including, but not limited to motorboats, sailing dinghy, sailing yachts, sailing boats, house boats or other accommodations. Unless explicitly specified otherwise in the Boataffair Platform, Boataffair’s responsibilities are limited to facilitating the availability of the Site, Application and Services.

1.4 Boataffair cannot and does not control the content contained in any Listings and the condition, legality or suitability of any Boats. Boataffair is not responsible for and disclaims any and all liability related to any and all Listings and Boats. Accordingly, any bookings will be made or accepted at the Users’ own risk.

1.5 The time during which the asset is rented out shall be called the rental period (hereinafter referred to as "Rental Period").

1.6 Renters (hereinafter referred to as "Renters") shall pay a Rental Fee (referred to as the "Rental Fee") for the use of Boataffair’s Services. 

1.7 Boataffair AG, with a registered office in Bellikon, Switzerland, provides services via its platform, websites boataffair.com and boat-affair.com (hereinafter referred to as "the Platform" and "the Site") and as applications for mobile, tablet and other smart devices and application program interfaces (hereinafter referred to as the "Application" ). 

1.8 Users (hereinafter referred to as "Users") are individuals who register on the Boataffair platform and agree to the Platform Terms of Use and the Privacy Policy (hereinafter referred to as "the Terms") by clicking the “Accept Terms of Use and Privacy Policy” box on the website. Furthermore, Users are individuals that enter into a Rental Contract as per Paragraph 5 “Payment Policy Boat Rentals” and therefore accept these Terms of Use. If Users 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 Users subject to civil and criminal penalties.

1.9 All legal relations between Boataffair and the Users of the Boataffair website, regarding the Services of Boataffair are exclusively governed by these Terms. The Terms govern Users’ 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").

1.10 All User content provided to the Platform must be Users’ own content and Users must possess all rights necessary to grant the rights to Boataffair to display, distribute, reproduce, create derivative works of, and otherwise use such User content. Users must own or possess all necessary rights to the assets Users list on the Platform to make all such Property available to Renters and to enter into the transactions with Renters for such assets. If Users do not have such rights to the Content or the Properties, or a third party alleges Users do not have such rights, Boataffair may terminate or cancel Users’ Access and otherwise prohibit Users from posting further Content or from using the Platform.

1.11 If a Renter requests a Booking of a Boat, any agreement the Renter enters into with an Operator is between the Renter and the Operator and Boataffair is not a party to it.

2. Terms of Use

2.1 By using the Site (boataffair.com or/and boat-affair.com), Application or Services, Users agree to comply with and be legally bound by the terms and conditions of these Terms of Use. These Terms govern Users’ Access to and use of the Site, Application and Services.Users are also recommended to read carefully Boataffair’s Privacy Policy at https://boataffair.com/articles/privacy_policy

2.2 The Site, Application and Services comprise an online platform through which Operators may create Listings for Boats and Renters may learn about and rent Boats from Operators. The Users understand and agree that Boataffair is not a party to any agreements entered into between Operators and Renters. Boataffair has no control over the conduct of Operators, Renters and other Users of the Site, Application and Services or any Boats, and disclaims all liability in this regard to the maximum extent permitted by law.

2.3 If an Operator chooses to create a listing on Boataffair, he/she understands and agrees that the relationship with Boataffair is limited to being a User and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Boataffair for any reason, and the Operator acts exclusively on his/her own behalf and own benefit, and not on behalf of or for the benefit of Boataffair. Boataffair does not control, and has no right to control, Listings, offline activities associated with Listings, or any other matters related to any Listing, that the Operator provides.

3. Modification and Termination

3.1 Boataffair reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Rental Fees, at any time and without prior notice. If Boataffair modifies these Terms, Boataffair will post the modification on the Platform.

3.2 Changes to the Term of Use will become effective and will apply to the information collected starting on the date Boataffair posts the revised Term of Use on the Platform. Users’ continued use of the Platform after any change has become effective will constitute Users’ acceptance of any change.
Accordingly, Boataffair urges Users to frequently review the Term of Use posted on the Platform. If the modified Terms are not acceptable for the User, their only recourse is to cease using the Site, Application and Services. If the User does not close his/her Boataffair Account or does not contact welcome@boataffair.com to tell Boataffair that the User wishes to cease using the Site (hereinafter referred to as "Account"),they will be deemed to have accepted the changes.

3.3 Boataffair may terminate the agreement with Users at any time, without notice to Users, if Boataffair believes, in its sole discretion that Users have breached or may breach any term or condition of the Terms, or Boataffair may terminate this agreement for Boataffair’s convenience. Users may terminate this agreement at any time by destroying all materials received from Boataffair’s Platform and ceasing to use the Platform. Boataffair reserves the right, without notice and for any reason, to remove any Content on the Platform and to deny access of any User(s) to all or any part of the Platform. Boataffair reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. Users agree that Boataffair will not be liable to Users or to any third party for any modification, suspension or discontinuance of the Platform.

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 User represents and warrants that he/she is 18 or older.

5. Payment Policy Boat Rentals

5.1 The Renter makes payment to Boataffair AG for the boat rental (the Rental Fee).

5.2 Rental Fee = Operator Fee + Service Fee. The Operator Fee is the money due to the Operator. Boataffair forwards the Operator Fee to Operator after having received the Rental Fee by the Renter. Operator Fee includes the Rental of the Boat and it may include (on a case by case basis) services such as Skipper Fees, Host/ess Fees, End Cleaning Fees and other fees related to the Boat Rental. The Service Fee is due to Boataffair AG for our concierge service relating to all client facing communication as well as liasing with the Operator.

5.3 The payment of the Rental Fee by the Renter to Boataffair AG is needed by Boataffair AG to confirm a booking and to reserve a boat in the Renter's name. No booking is confirmed without having received payment by the Renter.

5.4 The Rental Contract between the Operator and the Renter becomes effective in the instant that the Renter submits his/her payment to Boataffair AG.

5.5 All Payments shall be made in accordance with Boataffair’s payment policies as set out here in paragraph 5 “Payment Policy Boat Rentals” of these Terms of Use and consistent with the terms and conditions of third-party payment processors, applicable laws, and Users’ credit card issuer, bank or other financial institution. Except as expressly set forth in writing by Boataffair or as otherwise agreed by Boataffair, all amounts paid are non-refundable and non-cancellable.

5.6 Boataffair reserves the right to refuse to process or confirm a booking, or a cancellation in the event of problems with payment processing of Operator or Renter payment information.

5.7 All Rental Fees for the Boats for the respective Rental Period are displayed in the Listings and will vary depending on season and availability. Boataffair communicates the Rental Fees in our offers (quotation) to the Renters prior to entering into a Rental Contract. 

6. Cancellation Policy Boat Rentals

6.1 If a cancellation is made by the Renter after submitting payment to Boataffair AG and having, therefore, entered into a Rental Contract as set out in paragraph 5, the respective Cancellation Policy of the respective Operator is applicable and will be put into effect. Every Operator is responsible for their own Cancellation Policy.

6.2 For a Cancellation made by the Renter less than 30 days before a boat rental: No refund of the full payment shall be made, unless the Operator’s Cancellation Policy states something different.

6.3 Regardless of whether the Boat Renter or the Operator cancels, the Service Fee payable to Boataffair is non-refundable.

6.4 Boataffair is not responsible for local country rules, laws or legislations which may cause damage to the Renter or that may prevent the Renter to enter a country for a boat rental. It is the responsibility of the Renter to gather sufficient information about respective local rules, laws and legislations before travelling and Boataffair shall not be made responsible or be held accountable for any damage caused to the Boat Renter by local country rules, laws and legislations.

6.5 Boataffair is not responsible for weather conditions and/or unexpected technical issues before or during a boat rental.

6.6 Due to the possibility of unforeseen events outside of Boataffair's control (i.e. COVID-19 or other Force Majeure events), the User is solely responsible for taking out a cancellation insurance.

6.7 The Operator is fully liable towards the Renter and Boataffair for damages caused by any actions and/or omissions which have an impact on the Rental itself or to the Rental Period. Such damages include also frustrated costs (e.g. travelling, accommodation, etc).

6.8 Boataffair is not and cannot be responsible for gross misconduct by the User during a boat rental. It is at the Operator's discretion to end a boat rental in case of misconduct by the User and no refunds shall be made to the User in the case that the Operator ends a charter on this basis.

7. Intellectual Property

7.1 The Platform is protected by copyright, trademark, and other intellectual property rights and laws of Switzerland and other applicable countries. Users 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 Platform are the property of Boataffair or its advertisers, Visitors, Operators, Renters, or other licensors, unless as otherwise disclosed. Users are prohibited from modifying, copying, displaying, distributing, transmitting, publishing, selling, licensing, creating derivative works from, or using any portions of the Platform or its Content for commercial or public purposes without express authorization from Boataffair.

7.2 Subject to Users’ compliance with the Terms, Boataffair grants Users a limited, revocable, non-exclusive, non-transferable license to access, use, display, and navigate the Platform solely for Users’ personal use. Boataffair may display advertisements or other content from third parties on the Platform, such as banner advertisements, pop-up windows, and links to third party Platforms. Boataffair 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. The Operators are also solely responsible for remitting to the relevant authority any Taxes included or received. Boataffair cannot and does not offer Tax-related advice to any Users.

9. Damage to Boats and Security Deposits

9.1 The Renter is responsible for leaving the Boat (including any personal or other property located on the Boat) in the condition it was handed over at Check-in. Renters 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 Boat. 

9.2 If required, Operators may request a Security Deposit for renting their Listing(s) (hereinafter referred to as the "Security Deposits"). Operators and Renters are responsible for establishing any terms and conditions of such Security Deposits (e.g. in Cash or deposit by Credit Card) between themselves. Security Deposits, if required by the Operator, may be used to pay any Fees due from a Renter overstaying at a Listing without the Operators consent or damage to the Boat caused by the Renter.

10. Overstaying with the Operators Consent – Boat Rentals

In case the Renter wishes to prolong the agreed Rental Period of the Boat, the Renter has to inform the Operator 5 (five) days prior to the end of the Rental Period. The Operator of the Boat can decide on case-by- case basis if he wants to agree on the prolongation of the Rental Period or not and this is subject to availability of the Boat. If the Operator agrees on the prolongation of the Rental Period, the Operator has to inform Boataffair immediately by sending an email to welcome@boataffair.com after the Operator and the Renter have agreed about the prolongation of the Rental Period. The Rental Fee payable to Boataffair will increase accordingly pursuant to the Payment Policy in paragraph 5.

11. Limitation of Liability

11.1 The Platform 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.

11.2 Users 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 platform remains with the User. Users 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 Users or any third party for any damages or attorney fees, or for any lost data or lost profit, arising out of User’s use of the platform or inability to gain access to or use the platform.

11.3 It is the sole responsibility of the Operator and the Renter to ensure that all legally required insurance cover is properly arranged prior to and for the duration of the Rental Period.

11.4 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 Rental Period and that any insurance cover over legal requirements which is considered necessary by the Operator is arranged directly by the Operator.

12. Disclaimer

12.1 The use of the service is at the sole risk and responsibility of the Users. The use of the platform by the Users takes place on an "AS IS", ("AS IS",) and "IF AVAILABLE", ("AS AVAILABLE") basis. The service of Boataffair is provided without guarantees of any kind, explicit or implicit, including, but not limited to, implied warranties, non-violation or performance of the service.

12.2 Boataffair, its subsidiaries, affiliates, employees and licensors do not guarantee that

  1. the service will operate uninterruptedly, securely or available at any particular time or place;
  2. any errors or defects will be corrected;
  3. the service is free from viruses or other harmful components; or
  4. the results of using the service will meet your needs

13. Indemnification

Users agree to release, defend, indemnify, and hold Boataffair and its Boataffair 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 Users Content; (c) the (i) interaction with any User, (ii) conclusion of a Rental Contract, or (iii) creation of a Listing; (d) the use, condition or conclusion of a Rental Contract by the User, 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 Boat.

14. Controlling Law and Jurisdiction

These Terms and the use of the Site, Applications and Services by Users 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, including its validity, invalidity, breach or dissolution, shall be decided exclusively by the ordinary courts at the court of the registered office of Boataffair, in Canton Aargau.

15. 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.

16. Questions and Feedback

If Users have any questions about these Terms, the practices of our Platform, or Users’ dealings with Boataffair, please contact Boataffair at:

Boataffair AG

Schützenstrasse 43

5454 Bellikon

Switzerland

welcome@boataffair.com

We welcome Users’ questions and feedback.