Boataffair AG (Boataffair) provides an online platform that connects Owners of Boats (hereinafter referred to as "Owners") who are willing to rent their boats, or other assets, defined as a boat, a motorboat, 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"), and that connects boat owners who wish to swap their boats under Boataffair AG’s Boat Swapping Scheme or Boat Swap Membership. The time during which the asset is rented out shall be called the rental period (hereinafter referred to as "Rental Period"). In compensation for connecting Owners and Renters who enter into Rental contracts (hereinafter referred to as "Rental Contracts"), Renters (hereinafter referred to as "Renters") shall pay a Service fee (hereinafter referred to as "Service Fee") to Boataffair. The entire Rental Fee payable by the Renter for a Rental Contract is referred to as the "Rental Fee".
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").
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.
The Site, Application and Services comprise an online platform through which Owners may create Listings for Boats and Renters may learn about and rent Boats from Owners. The Users understand and agree that Boataffair is not a party to any agreements entered into between Owners and Renters. Boataffair has no control over the conduct of Owners, 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.
If an Owner 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 Owner 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 Owner provides. Boataffair, however, does not allow any direct contact information, including website links, email addresses, phone number etc., to be published in the boat listing or to be communicated otherwise through the Boataffair website, incl. Boataffair's messenger function. As a User an Owner agrees not to do anything to create a false impression that he/she is endorsed by, partnering with, or acting on behalf of or for the benefit of Boataffair, including by inappropriately using any Boataffair intellectual property.
Users acknowledge and agree that, by accessing or using the Site, Application or Services or by downloading or posting any Content from or on the Site, via the Application or through the Services, that they have read, and that they understand and agree to be bound by these Terms and receive our services whether or not they have registered with the Site and Application. If a User does not agree to these Terms, then they have no right to access or use the Site, Application or Services.
Boataffair AG (Boataffair) provides an online platform that connects Owners of Boats, who wish to swap their boats under Boataffair AG’s Boat Swapping Scheme or Boat Swap Membership.
Boataffair reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees and the Boat Swap Membership Fees, at any time and without prior notice. If Boataffair modifies these Terms, Boataffair will post the modification on the Platform. 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 (hereinafter referred to as "Account"),they will be deemed to have accepted the changes.
Additionally, Boataffair may terminate this agreement 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.
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.
The Site, Application and Services can be used to facilitate the Listing, swapping and booking of Boats. Such Boats are included in Listings on the Site, Application and Services by Owners. 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.
Boataffair makes available an online platform with related technology for Owners and Renters to meet online and arrange for Bookings of Boats or the swapping of Boats directly with each other. Boataffair is not an Owner or operator of Boats, including, but not limited to, motorboats, sailing dinghies, sailing yachts, sailing boats, 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.
The purpose of the Site, Application and Services is to facilitate Owners and Renters connecting and renting Boats directly with each other. 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 and boat swaps will be made or accepted at the Users’ own risk.
Owners acknowledge and agree that he/she alone is responsible for any and all Listings and Users Content they post. Accordingly, the User represents and warrants that any Listing he/she posts and the Rental of a Boat in a Listing he/she posts (i) will not breach any agreements entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Boats included in a Listing he/she posts, and (b) not conflict with the rights of third parties. Please note that Boataffair assumes no responsibility for an Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Boataffair reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Boataffair, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Boataffair’s then-current Policies or otherwise harmful to the Site, Application or Services.
An Owner of a Boat, understands and agrees that Boataffair does not act as an insurer or as a contracting agent. If a Renter requests a Booking of a Boat, any agreement the Owner enters into with such Renter is between the Owner and the Renter and Boataffair is not a party to it.
By using the Site, Application or Services, Users agree that any legal remedy or liability that he/she seeks to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or other third parties who caused harm. Users agree not to attempt to impose liability on or seek any legal remedy from Boataffair with respect to such actions or omissions. Accordingly, Boataffair encourages Users to communicate directly with other Users on the Site and Services regarding any Bookings or Listings. This limitation shall not apply to any claims by an Owner against Boataffair regarding the remittance of payments received from a Renter by Boataffair on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Boataffair reserves the right to refuse any reservation, transaction or order placed through the Platform for any reason or for no reason. Boataffair, at its sole discretion, may limit or cancel transactions effected by User, orders, reservations or others. In the event that Boataffair makes a change to a reservation, an order or a transaction that Users have placed through the Platform, Boataffair will attempt to contact Users via the contact information Users provide to Boataffair through the Platform.
Whilst Boataffair strives to provide accurate pricing and Listing information, typographical or other errors may occur. Boataffair is not responsible for such errors regarding prices or other Listing information. In the event that a Listing is listed at an incorrect price or with incorrect information due to an error, Boataffair shall have the right, at its sole discretion, to refuse or cancel any reservation, transaction or order placed for that Listing. In the event that a Listing is mispriced, Boataffair may, at its discretion, either contact Users for instructions or cancel a reservation or transaction made using the Platform and notify Users of such cancellation.
Owners are responsible for setting their individual fees for renting their Listing(s) (hereinafter referred to as the "Owner Fees"), and Owners and Renters are responsible for establishing any terms and conditions of the transaction between themselves. The Owner Fees are described in more detail below in Paragraph 9, the Payment Policy. In particular, Owners are solely responsible for screening the Renter in order to determine whether or not the Renter is legally capable of and entitled to renting a Boat on the Listing as provided by the Owner. Owners are solely responsible for confirming the accuracy of the Owner Fees and the total Rental Fee for an asset on the Owner’s Listing(s) and each rental by a Renter.
Boataffair charges a Service Fee as a percentage of the Owner Fee, each transaction, for use of the Platform, and this Service Fee is described in greater detail below in paragraph 9, the Payment Policy. Boataffair reserves the right to change its Service Fee, its business model, or to charge additional other fees. Boataffair may earn money through advertisements of third parties on the Platform or in e-mails or other communications to Users. Boataffair may also earn money from placement fees or other services. This means, Owners or organizations representing Owners may pay Boataffair for improved visibility, services or placement on the Platform (i.e. similar to payments for rankings on Google or other search engine searches).
The Renter makes payment to Boataffair AG for the Boat Rental (the Rental Fee).
The following formula explains the payment components:
Rental Fee = Owner Fee + Service Fee. The Owner Fee is the money due to the Owner. It 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 Owner. The Renter pays the entire Rental Fee to Boataffair AG.
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. The Rental Contract between the Owner and the Renter becomes effective in the instant that the Renter submits his/her payment to Boataffair AG.
Boataffair reserves the right to refuse to process or confirm a booking, or a cancellation in the event of problems with payment processing of Owner or Renter payment information.
If Cancellation is made by the Renter after submitting payment to Boataffair AG and having, therefore, entered into a Rental Contract (as described in paragraph 9), the respective Cancellation Policy of the Boat Owner is applicable and will be put into effect. Every boat Owner is responsible for their own Cancellation Policy.
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 Boat Owner's Cancellation Policy states something different.
Regardless of wheter the Boat Renter or the Boat Owner cancels, the Service Fee payable to Boataffair is nonrefundable.
If the Owner fails to provide access to the boat in such cases including, but not limited to, not showing up for the Check-in, the failure to exchange keys or miscommunication regarding the physical location of the boat, the Renter may ask for a full refund of the Owner Fee from the Boat Owner. The Service Fee payable to Boataffair is nonrefundable. The Owner is obliged to pay back the Owner Fee to the Renter in such cases.
Boataffair is not responsible for local country rules, laws or legislations which may cause damage to the Boat Renter or that may prevent the Boat Renter to enter a country for a boat rental. It is the responsibility of the Boat 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.
Boataffair is not responsible for weather conditions and/or unexpected technical issues during a boat rental.
The Owner 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).
As a condition of submitting any Content or other materials to the Platform, Users agree that:
Boataffair cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Platform. Users acknowledge that Boataffair simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of user-generated Content. Users understand that all posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. Users understand that Boataffair does not control, and is not responsible for Content made available through the Platform, and that by using the Platform, Users may be exposed to Content that is inaccurate, misleading, or offensive. Users agree that Users must evaluate and make Users’ own judgment, and bear all risks associated with, the use of any Content.
Users further acknowledge that Boataffair has no obligation to screen, preview, monitor or approve any user-generated Content on the Platform. However, Boataffair reserves the right to suspend, take down (whether temporarily or permanently), review, modify and/or delete any Content that, in its sole judgment, violates these Terms. By using the Platform, Users agree that it is solely USERS’ RESPONSIBILITY to evaluate Users’ risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that Users submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will Boataffair be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Platform. Users waive the right to bring or assert any claim against Boataffair relating to Content, and release Boataffair from any and all liability for or relating to any Content. Boataffair has no obligation to review, monitor, or remove any Content or other materials, except as required by law.
Users may, however, report Content that Users believe violates these Terms or is otherwise unlawful by sending an email to email@example.com (also for copyright complaints). Please note that Users may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If Users are uncertain whether an activity is unlawful, Boataffair recommends seeking advice of an attorney.
Users agree that Boataffair may establish practices, policies and limits, which may or may not be published, concerning the use of the Platform, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which Users may access the Platform in a given period of time. Users also agree that Boataffair may share with other Renters and Owners Users’ history of bookings and reservations, cancellations, and other information concerning Users’ activity on the Platform and transactions. Users agree that Boataffair has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Platform. Users agree that Boataffair has the right to change these practices, policies, and limits at any time, in its sole discretion, with or without notice.
Users shall not:
Owners as Users specifically acknowledge and agree that by placing Listings on the Platform, Owners are subject to the reviews and ratings submitted by other Users in general. Specifically, Renters, and Renters as Users also specifically acknowledge and agree that by booking and renting Listings, Renters are subject to the reviews and ratings submitted by Owners. While Boataffair may consider the accuracy or fairness of certain reviews or ratings, Boataffair is not ever required to do so. Users acknowledge and agree that Boataffair is not responsible or liable in any way for any harm or damages Users incur because of one or more reviews, ratings, or any sorting, summarization, averaging or other calculations performed thereon by Boataffair or our third party service providers. Boataffair may delay the time between a reservation and the solicitation of a review for a Renter or an Owner or Listing or the posting of a review.
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, Owners, 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.
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.
The Owner 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 Owners 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.
The Renter and the Boat Owner under the Boat Swap Scheme 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 Boat Owners 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. If required, Owners may request a Security Deposit for renting their Listing(s) (hereinafter referred to as the "Security Deposits"). Owners 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 Owner, may be used to pay any Fees due from a Renters overstaying at a Listing without the Owners consent or damage to the Boat caused by the Renter.
If the Renter overstays the Rental Period of the Boat without the Owners consent, the Renter commits a severe breach of contract and potentially a crime and is in any case obliged to pay at least an additional Fee of two times the average Rental Fee (incl. Service Fee) originally paid by the Renter for each day overstaying to cover inconvenience suffered by the Owner. This additional Fee has to be paid additionally to any damage caused to the Owner by the overstaying (direct and indirect damage in the Owner´s sphere). Owners have to inform Boataffair immediately in case a Renter overstays the Rental Period of the Boat by sending an email to firstname.lastname@example.org.
In case the Renter wishes to prolong the agreed Rental Period of the Boat, the Renter has to inform the Owner 5 (five) days prior to the end of the Rental Period. The Owner of the Boat can decide on case-by- case basis if he wants to agree on the prolongation of the Rental Period or not. If the Owner agrees on the prolongation of the Rental Period, he has to inform Boataffair immediately by sending an email to email@example.com after the Owner and the Renter have agreed about the prolongation of the Rental Period. The Rental Fee will increase accordingly pursuant to the Payment Policy in paragraph 8.
If the Renter overstays the Rental Period of the Boat with the Owners consent and without prior knowledge and consent of Boataffair, the Renter and the Owner are jointly and severally liable to pay Boataffair an additional Fee of two times the Service Fee (15%) on the average Rental Fee originally paid by the Renter for each day overstaying.
IF A USER CHOOSES TO USE THE SITE, APPLICATION OR SERVICES HE/SHE DOES SO AT THEIR SOLE RISK. USERS ACKNOWLEDGE AND AGREE THAT BOATAFFAIR DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS.
BOATAFFAIR MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY BOATS WILL MEET THE USERS REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BOATAFFAIR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, BOATS, OWNERS, RENTERS OR THE SERVICES THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BOATAFFAIR OR THROUGH THE SITE, APPLICATION OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
USERS ARE SOLELY RESPONSIBLE FOR ALL OF THEIR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM THEY COMMUNICATE OR INTERACT AS A RESULT OF THE USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNER OR RENTER. USERS UNDERSTAND THAT BOATAFFAIR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY BOATS. BOATAFFAIR EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OWNER OR OTHER THIRD PARTY.
USERS ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THEIR ACCESS TO AND USE OF THE SITE, APPLICATION AND SERVICES, LISTINGS OR BOOKINGS OF ANY BOATS VIA THE SITE, APPLICATION AND SERVICES AND ANY CONTACT WITH OTHER USERS OF BOATAFFAIR WHETHER IN PERSON OR ONLINE 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 COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF USERS’ USE OF THE PLATFORM OR INABILITY TO GAIN ACCESS TO OR USE THE PLATFORM OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF BOATAFFAIR OR A BOATAFFAIR ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. ANY CLAIMS USERS HAVE FOR DAMAGES TO USERS’ LISTING(S) OR OTHER PROPERTY DUE TO THE ACTS OR OMISSIONS OF A RENTER OR AN OWNER SHALL BE MADE SOLELY BY USERS AGAINST THAT RENTER OR OWNER, AND USERS HEREBY IRREVOCABLY RELEASE AND DISCHARGE BOATAFFAIR FROM ANY AND ALL CLAIMS AND SUITS FOR SUCH DAMAGES.
IT IS THE SOLE RESPONSIBILITY OF THE OWNER AND THE RENTER TO ENSURE THAT ALL LEGALLY REQUIRED INSURANCE COVER IS PROPERLY ARRANGED PRIOR TO AND FOR THE DURATION OF THE RENTAL PERIOD OR THE BOAT SWAP PERIOD FOR THE USE OF THE BOATS BEING RENTED OR SWAPPED AND THAT ANY INSURANCE COVER OVER LEGAL REQUIREMENTS WHICH IS CONSIDERED NECESSARY BY EITHER THE OWNER(S) AND / OR THE RENTER IS ARRANGED DIRECTLY BY THE OWNER AND THE RENTER. USERS’ SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH BOATAFFAIR IS TO STOP USING THE PLATFORM.
IT IS THE SOLE RESPONSIBILITY OF THE OWNER OF THE BOAT 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, REPRESANTATIVES (SUCH AS THE SKIPPER OR CAPTAIN OF THE BOAT, THE BOAT-CREW, THE CABIN STAFF, SERVICE STAFF, ETC.) OF THE OWNER PRIOR TO AND FOR THE DURATION OF THE RENTAL PERIOD OR THE BOAT SWAP PERIOD OF THE BOAT BEING RENTED OR SWAPPED AND THAT ANY INSURANCE COVER OVER LEGAL REQUIREMENTS WHICH IS CONSIDERED NECESSARY BY THE OWNER IS ARRANGED DIRECTLY BY THE OWNER.
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.
Users may use the Platform only for lawful purposes and only for Users’ use, which includes viewing and reserving Listings, purchasing products, creating a customer user account, and entering Users’ information onto the Platform. Users are responsible for any communications Users make to Boataffair through the Platform. Boataffair prohibits the use of its Platform for any of the following: submitting information that is false, inaccurate, or not Users’ own; sending messages in violation of applicable laws, unsolicited messages, or messages that are harmful, offensive, defamatory, obscene or otherwise objectionable in Boataffair’s sole discretion; engaging in conduct that is illegal or would constitute a criminal offense; transmitting information that is copyrighted or otherwise owned by a third party unless Users are the copyright owner or Users have the owner’s permission to transmit it; transmitting information that infringes on another individual’s intellectual property or privacy rights; communicating information derived from the Platform to foreign nations in violation of applicable export control laws; or attempting to use the Platform to gain unauthorized access to Boataffair’s networks or otherwise interfering with Boataffair’s network security.
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.
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.
If Users have any questions about these Terms, the practices of our Platform, or Users’ dealings with Boataffair, please contact Boataffair at:
We welcome Users’ questions and feedback.