Terms of Use

 

USERS’ HAVE TO READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, OWNERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE COUNTRIES. OWNERS HAVE TO REVIEW LOCAL LAWS BEFORE LISTING A BOAT ON BOATAFFAIR.

 

1. General Information

 

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"). 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".

Boataffair GmbH, with a registered office in Bellikon, Switzerland (hereinafter referred to as "Boataffair"), provides services via its platform, websites www.boataffair.com and www.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"). 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 “I agree to the Terms of Use box” on the website. 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.

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.

Users acknowledge that by accepting these Terms, the Users also accept the Terms of Use of Boataffair’s verification service provider deemly (www.deemly.co). Deemly’s terms of service are available at www.deemly.co/terms-of- service/ which may be updated at any time.

 

2. Terms of Use

By using the Site (www.boataffair.com or/and www.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 constitute a binding legal agreement between the User and Boataffair. Users are also recommended to read carefully Boataffair’s Privacy Policy at www.boataffair.com/articles/term_of_use

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.

 

3. Modification and Termination

Boataffair reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service 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.

 

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. How the Site, Application and Services work

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 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 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 will be made or accepted at the Users’ own risk.

 

6. Boat Listings

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.

 

7. Transactions

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 8, 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 8, 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).

 

8. Payment Policy

The following formula explains the payment components:

Rental Fee = Owner Fee + Service Fee (15% of the Owner Fee)

Example: The Boat Owner sets the Owner Fee at 100 EUR per day for their boat. The Total Rental Fee due by the Renter therefore is EUR 115, out of which EUR 100 will be paid to the Boat Owner, EUR 15 will be paid to Boataffair.

The Rental Contract becomes effective when the transaction is entered into between Owner and Renter. The Renter shall be charged the entire Rental Fee on the day of booking the rental on Boataffair’s platform. The Rental Fee charged to the Renter includes the Owner Fee payable to the Owner plus the 15% Service Fee due to Boataffair.

All Payments shall be made in accordance with Boataffair’s payment policies as set out here in paragraph 8 (Payment Policy) 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. Payments made to Owners will be made to designated bank accounts provided by the Owner. All such bank account information provided must be accurate and updated if changed. If an Owner has not received payment, the Owner should provide a written summary with all relevant information and any other information requested from Boataffair to welcome@boataffair.com.

The Rental Contract between the Owner and the Renter becomes effective in the instant that the Renter submits his/her payment details on Boataffair’s Platform and clicks “pay”.

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.

 

9. Cancellation Policy

Every boat Owner is requested to choose one of the following five Cancellation Policies. For the purpose of this Cancellation Policy, check-in refers to the point in time of the handover of the Boat from the Owner (or a person managing the Boat on behalf of the Owner) to the Renter (hereinafter referred to as the "Check-in").

In addition to the 5 Cancellation Policies below as suggested by Boataffair, the boat owner may introduce their own Cancellation Policy. It is the responsibility of the Boat Owner to feature their chosen Cancellation Policy in their respective boat listing.

 

Flexible (Full refund 1 day prior to arrival, except Boataffair’s Service Fee)

 

Moderate (Full refund 5 days prior to arrival, except Boataffair’s Service Fee)

 

Strict (50% refund up until 1 week prior to arrival, except Boataffair’s Service Fee)

 

Extra Strict 30 Days (50% refund up until 30 days prior to arrival, except Boataffair’s Service Fee)

 

Extra strict 60 days (50% refund up until 60 days prior to arrival, except Boataffair’s Service Fee)

 

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 will receive a full refund of the Owner Fee. The Service Fee of 15% payable to Boataffair is nonrefundable. The Owner is obliged to pay back the Owner Fee to the Renter in such cases.

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).

 

10. Submissions

Apart from Users’ personal information, as defined in Boataffair’s Privacy Policy, any and all other Content, including communications or materials Users sent to the Platform, electronically or otherwise, such as data, questions, comments, suggestions, or submissions, are and will be treated as non-confidential and nonproprietary. Any Content Users sent to the Platform may be used by Boataffair for any purpose, including, but not limited to, display, distribution, reproduction, transmission, disclosure, publication, broadcast, and posting (all of the foregoing, “Use(s)”), including without limitation Use on social media including without limitation Twitter, YouTube, Facebook, and Instagram. By submitting material to Boataffair, Users irrevocably transfer and assign to Boataffair, and waive and agree not to assert, any copyrights, “moral” rights, or other rights that Users may have in such material. Boataffair is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication Users send to the Platform for any purpose whatsoever, including, but not limited to, developing and marketing products and services.

By using the Platform, Users may submit, or Boataffair may gather, certain limited information about Users and Users’ usage of the Platform. Subject to the terms of our Privacy Policy, Boataffair is free to use such information for any purpose it deems appropriate.

As a condition of submitting any Content or other materials to the Platform, Users agree that:

a. Users grant to Boataffair a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sub licensable right to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to Boataffair all rights necessary to publish or refrain from publishing Users’ name and address in connection with Users’ Content; the right to use through multiple tiers the Content, and acknowledge that this right cannot be terminated by Users once Users’ Content is submitted to the Platform;

b. Users grant to Boataffair all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of Users’ Content by any other party;

c. Users’ name and report information may be made available to the public and to the Owners and Renters on which Users report;

d. Users represent that Users own or have secured all legal rights necessary for the Content submitted by Users to be used by Users, Boataffair, and others as described and otherwise contemplated in these Terms;

e. Users represent and warrant that each person identified, depicted, or shown in Users’ Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms;

f. Users are solely responsible for Users’ reviews and ratings;

g. Boataffair may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;

h. Users will not submit any reviews that may be considered by Boataffair to be infringing, harassing, libellous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;

i. all of Users’ reviews and ratings will be based upon Users’ actual first-hand experiences with the Owners and Renters;

j. all of Users’ reviews and ratings of the Owners and Renters that Users are rating will be accurate, honest, truthful, and complete in all respects;

k. Users do not work for, own any interest in or serve on the board of directors of, any of the Owners or Listings for which Users submit reviews and ratings;

l. Users have not received any form of compensation to post reviews and ratings;

m. Users will not submit reviews that comment on other Owners or Renters or the reviews of other Owners or Renters;

n. Users will not submit reviews with hyperlinks;

o. the reviews and ratings that are provided by Owners and Renters or others do not reflect the views of Boataffair, its owners, directors, officers, managers, employees, affiliates, agents, designees, representatives ("Boataffair Associates") or other users;

p. Owners represent, warrant and covenant to Boataffair that they have confirmed with their local and state authorities that they are permitted to offer and rent their Listing(s) to Renters, have secured any (and all) necessary licenses and permits, and that Owners will maintain all applicable licenses and permits, and will abide by all applicable laws.

 

11. Publication and Distribution of Content

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  nteractive 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 welcome@boataffair.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.

 

12. User Conduct

Users shall not:

a. intentionally or unintentionally violate these Terms, other applicable agreements with Boataffair, and any applicable whether international, national, state, local or other laws, ordinances and any rules and regulations having the force of law;

b. use the Platform in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate

a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;

c. use the Platform or its Content for any purposes not authorized by these Terms, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;

d. re-produce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Platform for any commercial, educational, or any other non-personal purpose, without the express written consent of Boataffair, which consent may be withheld by Boataffair in our sole discretion;

e. post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;

f. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify Users’ contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Boataffair, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;

g. knowingly provide or submit false or misleading information;

h. use the Platform if Users are under the age of eighteen (18);

i. take any action that would undermine the review and rating process under the Platform;

j. attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;

k. use the Platform in any way that could interfere with the rights of Boataffair or the rights of other users of the Platform;

l. attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server used by Boataffair by hacking, password 'mining' or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Platform user;

m. sell, share, or otherwise transfer Users’ account username, password, other information, or Users’ rights or obligations under these Terms;

n. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Platform;

o. access, download, monitor, or copy any information contained on our Platform through artificial means (including but not limited to use any 'deep link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Platform; or p. probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on or of the Platform or any network connected to the Platform. Users may not reverse look-up, trace or seek to trace any information on any other user of the Platform, or any other customer of Boataffair, including any Boataffair account not owned by Users, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than Users’ own information, except as expressly authorized by Boataffair and provided for by the Platform.

 

13. Reviews

Owners as Users specifically acknowledge and agree that by placing Listings on the Platform, Owners are subject to the reviews and ratings submitted by 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.

 

14. Intellectual Property

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.

 

15. Taxes

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.

 

16. Damage to Boats and Security Deposits

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 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. In the event that an Owner claims otherwise and provides evidence of damage, including but not limited to photographs, the Renter agrees to pay the cost of replacing the damaged items with equivalent items.

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.

 

17. Overstaying without the Owners Consent

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 welcome@boataffair.com.

 

18. Overstaying with the Owners Consent

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 welcome@boataffair.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.

 

19. Disclaimers

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.

 

20. Limitation of Liability

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 FOR THE USE OF THE BOATS BEING RENTED AND THAT ANY INSURANCE COVER OVER LEGAL REQUIREMENTS WHICH IS CONSIDERED NECESSARY BY EITHER THE OWNER 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 OF THE BOAT BEING RENTED AND THAT ANY INSURANCE COVER OVER LEGAL REQUIREMENTS WHICH IS CONSIDERED NECESSARY BY THE OWNER IS ARRANGED DIRECTLY BY THE OWNER.

 

21. 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.

 

22. Prohibited Uses of the Platform

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.

 

23. 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.

 

24. 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.

 

25. 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 GmbH

Schützenstrasse 43

5454 Bellikon

Switzerland

welcome@boataffair.com

We welcome Users’ questions and feedback.