PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
By accessing or using our Services you agree to these Terms of Service, whether you are the Owner of a Boat or a Hirer or other person.
IF YOU DO NOT AGREE TO THESE TERMS YOU ARE NOT PERMITTED TO ACCESS OR USE BOATAFLOAT’S SERVICES.
These Terms comprise the following sections:
A. DEFINITIONS & INTRODUCTION (paragraphs 1-3)
B. MEMBERSHIP & USE OF SERVICES (paragraphs 4-14)
C. BOOKINGS (paragraphs 15-25)
D. LIABILITY (paragraphs 26-28)
E. GENERAL PROVISIONS (paragraphs 28-36)
Section C of these Terms includes provisions which will or may be automatically incorporated into, and form part of, the contract between the Owner of a Boat and a Hirer for the Hire of a Boat. Where a provision in Section C contradicts, or is inconsistent with, any term in a written Charter or other Agreement signed by the Owner of a Boat and the Hirer the terms of that Charter or other Agreement shall take precedence.
Section D of these terms includes provisions which limit and exclude our liability to you.
If you are a Hirer, Section D also includes provisions which limit and exclude the liability of the Owner of a boat to you and which oblige you to indemnify us (to compensate us and hold us harmless) in certain circumstances.
A. DEFINITIONS & INTRODUCTION
1.1 In these Terms of Service the following words and expressions shall have the following meanings unless the context otherwise requires:
“Actual Hire Period” means the period of time during which the Hirer actually has use of the Boat in performance of any Booking, including any sea trials, whether greater or lesser than the Agreed Hire Period;
“Advance Costs” means any sum agreed in the Booking to be paid by the Hirer in advance of the Agreed Hire Period to be applied toward costs payable by the Hirer in accordance with paragraph 23.1.1;
“Agreed Hire Period” means the period of time specified in a Booking for which the Hirer will have use of the Boat;
“Ancillary Services” means any ancillary or additional services which may be provided or arranged by Boatafloat from time to time, including (without limitation) cleaning, checking out and in of Boats, supply of provisions for Hirers, refueling of Boats, supply or introduction of crew;
“Boat” means any vessel of any description, powered or non-powered, capable of carrying a person or people on water including (without limiting the generality of the foregoing) a sailing yacht, motor cruiser, barge, powerboat, RIB, sailing or rowing dinghy, jet ski, canoe, kayak, windsurfer, kiteboard or paddleboard and shall include all tenders, machinery, equipment and furnishings forming part of the Boat and its inventory on board the Boat during the relevant Actual Hire Period;
“Boatafloat” means Boatafloat Limited, a company incorporated in England and Wales with registered number 10360781 and having its registered office at Princes Building, Bath Road, Cowes, UK PO31 7QN
and “we”, “us”, “our” have the same or derivative meanings;
“Boatafloat Receipts Account” means the bank account of Boatafloat which is separate from Boatafloat’s operating bank account(s) and is dedicated to receipt of payments from Members;
“Boatafloat Content” means all Content that Boatafloat makes available through the Website, or Services, including any Content licensed from a third party, but excluding Member Content;
“Booking” means the binding agreement reached between an Owner and a Hirer in relation to the Hire of a Boat for an Agreed Hire Period, and shall incorporate these Terms, the terms of the relevant Listing in respect of the Boat applicable to the Booking, matters agreed through the Booking Dialogue and such other terms as may be agreed in writing between the Owner and the Hirer in relation to the Booking;
“Booking Deposit” means the initial payment on account of the Hire Charges in the amount of 15% (fifteen per cent) of the Hire Charges (or such other amount as may be agreed in the Booking with our prior written approval), which becomes payable by the Hirer upon confirmation of the Booking;
“Booking Dialogue” means the exchange through the Services of information between the Owner and Potential Hirer in relation to a potential Booking, referred to in paragraph 16.1;
“Collective Content” means any Member Content and Boatafloat Content;
“Content” means text, graphics, images, music, software, audio, video, information and any other content or materials;
“Hire” means the hire of a Boat by a Hirer from an Owner pursuant to a Booking;
“Hire Charges” means charges payable by a Hirer to an Owner for the Hire of a Boat during the Agreed Hire Period as agreed in the Booking including the Booking Deposit but excluding Advance Costs, Late Charges and any other amounts payable by the Hirer to the Owner in accordance with these Terms and the Booking during or after the Actual Hire Period and not including any Tax;
“Hirer” means any Member who agrees with an Owner to hire a Boat using the Services;
“Insurance Policy” means the marine insurance policy maintained by the Owner referred to in paragraph 25;
“Late Charges” means charges payable to an Owner by a Hirer who fails to return a Boat to the agreed place at or before the end of the Agreed Hire Period, in the amount displayed in a Listing for that Boat or as otherwise agreed between the Owner of the Boat and the Hirer of the Boat, excluding Tax;
“Listing” means a Listing created by or on behalf of an Owner advertising a Boat for hire on the Website, accessed through the Services;
“MCA” means the Maritime & Coastguard Agency of the United Kingdom;
“Member” means any person who completes our account registration process, including an Owner, Potential Hirer, and Hirer, for so long as that person remains a Member in accordance with these Terms;
“Member Content” means any Content which a Member posts, uploads or otherwise directly or indirectly makes available for publishing on the Website or use in connection with the Services, including TPA Content;
“Member’s Account” means an account maintained by Boatafloat on behalf of each Member to record that Member’s participation in and use of the Services, all information relating the Member which are relevant to the Services or any Listing created by the Member and payments due to or from such Member in connection with any Booking or other transactions under these Terms;
“Owner” means any person who owns, or controls with the authority of the person who owns it, a Boat which he or she wishes and is permitted to hire out using the Services;
“Potential Hirer” means any person who is interested in hiring a Boat using the Services;
“Security Deposit” means the payment defined in paragraph 17.1;
“Service Fees” means the amount payable as defined in paragraph 18.1;
“Services” means the provision by Boatafloat of an online platform enabling Owners to advertise Boats for hire and to make arrangements for the Hire of their Boats to Hirers, including creation and viewing of Listings either direct or through a Third Party Account, engaging in Booking Dialogues, the creation of Bookings and administration of payment arrangements relating to Bookings, and for related purposes including arranging Ancillary Services;
“Social Network Site” means the medium defined in paragraph 4.4;
“Tax” means taxes and duties of any description in any jurisdiction, including (without limit) income tax, capital gains tax, corporation tax, value added tax, sales tax, excise duties, and import duties;
“Terms” means these Terms of Service as they may be modified in accordance with paragraph 34;
“Third Party Account” means a Member’s account with a Social Network Site;
“TPA Content” means the Content defined in paragraph 4.7;
“Website” means www.boatafloat.com or any other website through which we make the Services directly available to Members from time to time;
“You” means any person accessing or using the Services, whether as an Owner, Potential Hirer, Hirer or otherwise.
1.2. Section and paragraph headings shall not affect the interpretation of these Terms.
1.3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors and permitted assigns.
1.4. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5. Words in the singular shall include the plural and vice versa.
1.6. A reference to one gender shall include a reference to the other genders.
1.7. A reference to a statute, statutory provision or subordinated legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts.
1.8. Any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status or legal concept is, in respect of any jurisdiction other than England and Wales, deemed to include what most nearly approximates in that jurisdiction to the English legal term.
1.9. A reference to writing or written includes e-mail.
1.10. Any obligation in this agreement on a person not to do something includes an obligation not to agree or allow that thing to be done.
1.11. A reference to a document is a reference to that document as varied or replaced (in each case, other than in breach of these Terms) at any time.
1.12. Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2. Applicability of these Terms
2.1. Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and any terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.
2.2. You acknowledge and agree that, by accessing or using the Services or by downloading or posting any Content from or on the Services you are acknowledging that you have read, and that you understand and agree to be bound by, these Terms and you are thereby deemed to understand and to agree to be bound by these Terms, whether or not you have registered as a Member. If you do not agree to these Terms, then you have no right to access or use the Services.
2.3. If you accept and agree to these Terms (whether expressly or in accordance with paragraph 2.2) on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
3. About the Services & About Boatafloat
3.1. The Services enable Owners to advertise Boats they wish to hire and Potential Hirers to make arrangements with Owners to hire those Boats. The Services also enable Owners and Hirers to make arrangements in relation to Ancillary Services. Boatafloat does not own or hire out any Boats itself nor do we provide Ancillary Services.
3.2. You agree that you will only make a claim in relation to the acts or omissions of a Member or third party (including a provider of Ancillary Services), including in relation to any breach of contract, against that Member or third party and not against Boatafloat. This paragraph does not affect the right of an Owner to make a claim against us in relation to any sums received by us from a Hirer on behalf of that Owner or of a Hirer to claim a refund, as provided for in these Terms.
3.3. You agree that you shall communicate with other Members regarding any Listing or Booking only via the Services although after a Booking has been confirmed and the Booking Deposit has been paid to us in accordance with paragraph 16.4 Members may communicate directly with each other in connection with that Booking as provided for in paragraph 16.5.
3.4. Any person may view Listings as an unregistered visitor to the Website but in order to create a Listing or start the process for a Booking you must first register and create a Member’s Account (see paragraph 4 below).
3.5. Boatafloat does not exercise control over the content of any Listing nor do we check or warrant whether a Boat is as described or as equipped in a Listing or whether any Boat or any part thereof is fit for purpose or properly maintained or seaworthy or in any particular condition.
3.6. Boatafloat is not a party to any arrangements or agreements entered into between, Owners and Hirers, or Owners or Hirers and providers of Ancillary Services, nor shall we have any liability under any such arrangements or agreements, save insofar as we act (i) as the agent of the Owner in respect of any Booking for the purpose of receiving payment of Hire Charges or (ii) on behalf of both parties to a Booking to hold Advance Costs and the Security Deposit or (iii) to receive payment for any Ancillary Services on behalf of the supplier thereof.
3.7. Boatafloat does not endorse, certify, recommend, warrant, or guarantee any Members, Boats, or providers of Ancillary Services. We obtain evidence of identity, address, and relevant qualifications of Members but we do not guarantee the identity or address of any Member, nor the existence, sufficiency or validity of any qualifications which any Member claims to hold nor the accuracy of any other information supplied by any Member or provider of Ancillary Services. Each Member is solely responsible for determining the identity and suitability of others contacted via the Services. Except as expressly provided in these Terms, we will not be responsible for any damage or harm resulting from your use of the Services or any contact or dealings you may have with other Members or providers of Ancillary Services.
3.8. Save as expressly provided in these Terms Boatafloat has no authority to act for, or enter into contracts or other binding obligations on behalf of, Owners, Potential Hirers, Hirers or providers of Ancillary Services. We have no control over, and shall have no responsibility for, the acts or omissions or any Owners, Potential Hirers, Hirers or providers of Ancillary Services.
3.9. We are not brokers, agents (except as provided for in paragraph 3.6), travel agents, insurers, marine surveyors nor do we hold ourselves out as suppliers of any goods or services other than the Services.
B. MEMBERSHIP & USE OF SERVICES
4. Account Registration
4.1. In order to access certain features of the Services, create a Listing, or book a Boat, you must register to create a Member’s Account and become a Member. You may register directly via the Services, as described in this Section.
4.2. We will create your Member’s Account and your Member’s Account profile page for your use of the Services based upon the personal information which you provide to us or that we obtain via a Social Network Site or other third party as described below. You may not have more than one active Member’s Account at any one time.
4.3. You agree to provide accurate, complete and up to date information during the registration process and to update such information to keep it accurate, complete and current at any time that you use the Services. We reserve the right to suspend or terminate your Member’s Account or your access to the Services, and to prevent you from becoming a Member in the future, if you create or allow to exist more than one Member’s Account at a time or if any information provided by you or on your behalf at any time in connection with your Membership or the Services or any Booking proves to be inaccurate, misleading, out of date, or incomplete.
4.4 Boatafloat may (but shall not be obliged to) from time to time enable you to create a Member’s Account by logging into your account with certain third party social networking sites, including Facebook (“Social Network Site”), each such account with a Social Network Site being a “Third Party Account”.
4.5 Boatafloat may (but shall not be obliged to) from time to time provide functionality within the Services enabling you to link your Member’s Account with one or more Third Party Accounts by either:
4.5.1. providing your Third Party Account login information to us via the Services; or
4.5.2. allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
4.6. If either of paragraphs 4.4 or 4.5 applies, you represent and promise to us that you are entitled to:
4.6.1. disclose any Third Party Account login information you disclose to us; and
4.6.2. grant us access to your Third Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without making us liable to pay any fees or other charges (in respect of which you agree to indemnify us if we do become liable) or making us subject to any usage limitations imposed by the relevant Social Network Site.
4.7 By granting us access to any Third Party Account, you understand and agree that we may access, make available and store (if applicable) any Content that you have provided to and stored in that Third Party Account (“TPA Content”) so that it is available on and through the Services via your Member’s Account and Member’s Account profile page. Unless otherwise specified in these Terms, all TPA Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Member’s Account on the Website as part of the Services.
4.8. Boatafloat makes no guarantee of the availability of TPA Content through the Services and you acknowledge that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is prevented or restricted for any reason, then such TPA Content may no longer be available on and through the Website or the Services. You have the ability to disable the connection between your Member’s Account and your Third Party Accounts, at any time, by accessing the “Account” section of the Website. Your relationship with the Social Network Site associated with your Third Party Account is governed solely by your agreement with such Social Network Site.
4.9. Boatafloat has no obligation to review any TPA Content for any purpose, including for accuracy, legality or non-infringement and we are not responsible for any TPA Content.
5. Account Security
5.1. You are responsible for safeguarding your Member’s Account password. You agree that you will not store your password in any way (whether electronically, on paper, or otherwise) and that you will not disclose your password to any person. Please note that we will never ask for your password by email, phone or in any other way. If anyone claims to be from Boatafloat and asks for your password you should not provide it to them but should notify us by email to email@example.com as soon as possible with copies of any relevant emails you have received or sent and details, including where possible phone numbers, of any phone conversations you have had.
5.2. You will immediately change your password if we request you to do so or if at any time you believe someone may have discovered your password. You will immediately notify us if you become aware of any unauthorised use of your Member’s Account, including if you discover that your password has been changed without your consent.
5.3. You will take sole responsibility for any activities or actions under your Member’s Account, whether or not you have authorised such activities or actions, except where such activities or actions were instigated by us or authorised by a third party as a result of a failure of our security systems beyond your control.
6. User Conduct
6.1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Services and Content. In connection with your use of the Services, you may not and you undertake that you will not (whether intentionally or unintentionally):
6.1.1. violate any laws, rules, regulations of any relevant jurisdiction, including any maritime laws or any order of a competent court;
6.1.2. use manual or automated software, devices, scripts, robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Website or the Services;
6.1.3. use the Services for any commercial or other activities or purposes except as expressly permitted by these Terms;
6.1.4. copy, store or otherwise access any information contained in the Website or any Content, except for your own Member Content, for purposes not expressly permitted by these Terms;
6.1.5. infringe the rights of any person or entity, including their intellectual property, privacy, publicity or contractual rights;
6.1.6. interfere with or damage the Website or the Services, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
6.1.7. use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
6.1.8. use the Services in connection with or to assist in any way with the distribution of unsolicited commercial email ("spam") or advertisements or other promotional material unrelated to making a Boat available for Hire through the Services in accordance with these Terms;
6.1.9. "stalk" or harass any Member or other user of the Services or collect or store any personally identifiable information about any Member or other user other than in connection with a Booking;
6.1.10. offer, as an Owner, any Boat that you do not yourself own or have permission to hire or which may not be lawfully made available for hire or which is subject to a mortgage or any other third party rights without first obtaining all necessary consents or which is insured on terms which prohibit chartering in accordance with the terms of any Booking;
6.1.11. register for more than one Member’s Account or register for a Member’s Account on behalf of an individual other than yourself;
6.1.12. make direct contact with another Member identified to you through the Website and your use of the Services in connection with the hiring of a Boat other than in relation to a Booking after the Booking has been confirmed and the initial payment of Hire has been made to us;
6.1.13. use the Services to recruit or otherwise solicit any Member to join third party services or websites that are competitive to Boatafloat;
6.1.14. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
6.1.15. use automated scripts to collect information or otherwise interact with the Services;
6.1.16. use the Services to find an Owner or Hirer and then complete a Booking independent of the Services and thereby circumvent the payment of any Service Fees to Boatafloat;
6.1.17. as an Owner, submit any Listing with false or misleading price or other information, or submit any Listing with a price or other terms that you do not intend to honour;
6.1.18. post, upload, submit or make available for publication on the Website or otherwise in connection with the Services any Content that, in Boatafloat’s sole judgement: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances or (viii) is otherwise harmful to or capable of damaging the business or reputation of Boatafloat;
6.1.19. systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
6.1.20. use, display, mirror or frame the Services, or any individual element within the Services, Boatafloat’s name, any Boatafloat trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Boatafloat’s express written consent;
6.1.21. access, tamper with, or use non-public areas of the Website or the Services, Boatafloat’s computer systems, or the technical delivery systems of Boatafloat or any of its providers;
6.1.22. attempt to probe, scan, or test the vulnerability of any Boatafloat system or network or breach any security or authentication measures;
6.1.23. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Boatafloat or any of Boatafloat’s providers or any other third party (including another user) to protect the Services or Collective Content, or attempt to do so;
6.1.24. forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Collective Content to send altered, deceptive or false source-identifying information;
6.1.25. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Collective Content; or
6.1.26. solicit, encourage, or assist any third party in doing any of the foregoing.
6.2. Boatafloat will have the right to investigate and pursue violations of any of the above restrictions to the fullest extent of the law. Boatafloat may involve and cooperate with the police and prosecuting authorities in any jurisdiction in prosecuting anyone who violate these Terms. You acknowledge that Boatafloat has no obligation to monitor your access to or use of the Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Services or to ensure your compliance with these Terms or to comply with applicable law or the order of a court of competent jurisdiction, administrative agency or other governmental body or for any other purpose as we consider appropriate in our absolute discretion. Boatafloat reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Boatafloat, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
6.3. If you interact with another user of the Services who you feel is acting or has acted inappropriately, including anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of committing an offence in relation to you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then provide us with relevant details by contacting us at firstname.lastname@example.org; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
7. Age Restrictions
You may only access or use the Services if you ar at least 18 years of age and by accessing or using the Services you represent and warrant to us that you are at least 18 years old. Owners may specify any minimum age they consider appropriate to hire their Boat but unless otherwise specified in any Listing for a Boat or expressly agreed in writing with an Owner, the minimum age to hire a Boat is 25.
9. Intellectual Property
9.1. The Services and Collective Content are protected by copyright, trademark, and other laws of England and Wales and other relevant jurisdictions. You acknowledge and agree that the Website, the Services and the Boatafloat Content, including all associated intellectual property rights are all the exclusive property of Boatafloat and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Collective Content.
9.2. All trademarks, service marks, logos, trade names and any other proprietary designations of Boatafloat used in the Website are trademarks or registered trademarks of Boatafloat. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
9.3. Boatafloat respects copyright law and expects Members to do the same. Boatafloat reserves the right to terminate the Member’s Accounts and access to the Services of any Member who infringes or is believed to have infringed or to be infringing the rights of copyright holders.
10. Boatafloat Content and Member Content Licence
10.1. Subject to your compliance with these Terms, Boatafloat grants you a limited, non-exclusive, non-transferable licence to access and view any Collective Content to which you are permitted access, solely for your personal and non-commercial (save as permitted in accordance with these Terms) purposes. You have no right to sublicense the licence rights granted in this paragraph.
10.2. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Boatafloat or its licensors, except for the licences and rights expressly granted in these Terms.
11. Member Content
11.1 We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Website and Services, you hereby grant to Boatafloat a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services or otherwise. Boatafloat does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
11.2 You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Services or have all rights, licences, consents and releases that are necessary to grant to Boatafloat the rights in such Member Content, as contemplated under these Terms; and (ii) none of your Member Content nor your posting, uploading or otherwise directly or indirectly making available for publishing of, nor Boatafloat’s use of, your Member Content (or any portion thereof) in, through or by means of the Website or the Services or otherwise will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Boatafloat is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Boatafloat of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Boatafloat and you hereby irrevocably assign to Boatafloat and agree to irrevocably assign to Boatafloat all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Boatafloat’s request and expense, you will execute documents and take such further acts as Boatafloat may reasonably request to assist Boatafloat to acquire, perfect or maintain its intellectual property rights and other legal protections for the Feedback.
14. Termination and Member’s Account Cancellation
14.1. We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate the agreement between you and Boatafloat so that you cease to be a Member or (b) terminate or restrict your access to our Services, and /or (c) deactivate or cancel your Member’s Account. Upon termination we will promptly pay to you any amounts which we are legally obligated to pay you. Notwithstanding any such termination or deactivation you will remain liable for all amounts due hereunder.
14.2. You may cancel your Member’s Account at any time via the Services or by sending a notice by email to firstname.lastname@example.org.
14.3. if your Member’s Account is cancelled, we do not have an obligation to delete or return to you any Member Content which you have posted to the Website or otherwise using the Services, including any reviews or Feedback.
15.1. You may create a Listing if you are both an Owner and a Member. You will be asked a number of questions about the Boat to be advertised, including description and specification, qualifications/experience required, location, availability, restrictions, and pricing. You agree that Listings will be made publicly available via the Services.
15.2. You acknowledge and agree that you are responsible for all details and information included in any Listings you post. You represent and warrant to us and to all other Members that any Listing you post, your agreement to a Booking featured in a Listing posted by you and the use by a Hirer in accordance with the terms of any such Booking will:
15.2.1. not breach any agreements you have entered into with any third parties, including any other person who has a legal ownership interest in or has financed the purchase of the Boat, or the Insurance Policy;
15.2.2. be in compliance with all applicable laws, rules and regulations, including laws relating to the commercial use of Boats and applicable marina regulations.
15.3 Boatafloat assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations. Boatafloat reserves the right, at any time and without prior notice, to remove or disable access to any Listing which Boatafloat considers to be in breach of these Terms or otherwise objectionable or adverse or harmful to Boatafloat’s interests or reputation.
15.4. You understand and agree that Boatafloat does not act as an agent with power to enter into contracts for you as an Owner. Any Booking or other agreement you enter into with a Hirer is entered into between you and the Hirer as principals and Boatafloat is not a party that agreement save insofar as we act (i) as the agent of the Owner in respect of any Booking for the purpose of receiving payment of Hire Charges or (ii) on behalf of both parties to a Booking to hold the Advance Costs and the Security Deposit.
15.5. When you create a Listing, you may include any pre-conditions of the Booking to be met by any Hirer. Boatafloat does not guarantee that any Member claiming to meet any such pre-conditions in fact does so and it is the Owner’s sole responsibility to determine whether or not a Member does meet its requirements.
15.6. If you are an Owner, Boatafloat may make certain tools available to you to help you to make informed decisions about which Members are suitable to Hire your Boat. You acknowledge and agree that, as an Owner, you are solely responsible for your own acts and omissions in this respect and that Boatafloat does not represent or guarantee that any person to whom you decide to Hire your Boat is qualified or suitable to hire your Boat.
16.1. A Potential Hirer who is interested in booking a Boat which features in a Listing may notify Boatafloat by submitting a Booking Request via the Services. The Owner shall respond to the Booking Request via the Services and if the Boat is available for Hire at the relevant time the Owner may acknowledge the Booking Request through the Services following which the Owner and Potential Hirer may to engage in a Booking Dialogue for the purpose of exchanging further information relevant to the proposed Booking, for example (but without limitation) about the Boat, its specification, equipment, condition, history, availability or location, any restrictions on the Boat’s use or the permitted sailing area, the Boat’s skipper and /or crew, the Potential Hirer’s experience and qualifications and the overall suitability of the Potential Hirer and his crew to hire the Boat and specifying any further or other terms or conditions of the Booking not set out in the Listing for the Boat to which the Owner may require the Potential Hirer’s agreement.
16.2 Each of the Owner and the Potential Hirer warrants to the other that all information provided by him in the Booking Dialogue is true and complete to the best of his knowledge and belief.
16.3 Following completion of the exchange of information through the Booking Dialogue, and unless the Potential Hirer has withdrawn the Booking Request, the Owner shall either confirm or reject the request for the Booking via the Services. If the Owner does not confirm the Booking within 48 hours of the relevant last step in the Booking Dialogue (or such other period as the Owner and the Potential Hirer shall have agreed in the Booking Dialogue),the Booking Request offer shall be automatically withdrawn and the Potential Hirer will be advised of such withdrawal but may (at his discretion) extend the offer for a further period which will be communicated to the Owner via the Services.
16.4 Upon the Owner confirming via the Services acceptance of the Booking a binding contract (“Booking”) between the Owner and the Hirer shall be deemed to have been created on these Terms and including any further terms and conditions contained in the Listing and as agreed through the Booking Dialogue, and thereafter the Hirer shall be obliged to pay the Booking Deposit together with any other amounts then due to be paid under the terms of the Booking. The Booking may be cancelled by the Owner if the Booking Deposit is not paid within 48 hours of the Booking.
16.5. Following payment of the Booking Deposit to the Boatafloat Receipts Account we will share with the Owner and the Hirer links to their respective Member’s Accounts with contact details, and the Owner and the Hirer may thereafter communicate with each other directly through the Services or otherwise to finalise arrangements for fulfilment of the Booking.
16.6. The balance of Hire Charges plus Tax if applicable together with the Security Deposit and Advance Costs shall be paid into the Boatafloat Receipts Account not later than 14 days before the commencement of the Agreed Hire Period, unless otherwise agreed in the terms of the Booking. The Hire Charges may include a cleaning fee and additional costs and charges whether for optional equipment or specification of the Boat or for the provision of a skipper and / or crew, all as agreed as part of the Booking. If any of the Hire Charges, the Security Deposit or Advance Costs are late then the Owner may cancel the Booking and paragraph 19 shall apply.
16.7. The Owner, and not Boatafloat, is solely responsible for honouring any Booking and making the Boat available in accordance therewith. A Hirer who enters into a Booking acknowledges that he is entering into a binding contract with the Owner and accepts all the terms of the Booking. The Hirer, and not Boatafloat, will be responsible for performing all the obligations of the Hirer under any Booking. The Owner and the Hirer acknowledge that Boatafloat has no obligation or liability arising from or related to any Booking save as provided for in paragraph 3.6.
16.8. Payment by the Hirer to the Boatafloat Receipts Account of amounts due to the Owner which are payable to the Boatafloat Receipts Account in accordance with these Terms shall discharge the Hirer’s responsibility for payment of such amounts, and Boatafloat shall thereafter be responsible for remitting to the Owner such amounts thereof as are or may become payable to the Owner. Boatafloat shall be entitled to deduct Boatafloat’s Service Fees (plus Tax thereon) from any remittance to the Owner.
16.9. Collection of Late Charges (plus Tax, if applicable) shall be the responsibility of the Owner insofar as the Security Deposit is not sufficient to cover them.
16.10. Unless otherwise agreed between the Owner and the Hirer in the Booking, Hire Charges and Advance Costs less Service Fees (and any Tax thereon) shall be remitted to the Owner upon the Boat being accepted by the Hirer in accordance with paragraph 22. In the event of Boatafloat being notified of any dispute between the Owner and the Hirer relating to the Booking or the Hire Charges or the Advance Costs before Boatafloat has remitted the same to the Owner Boatafloat may hold the Hire Charges or Advance Costs or part thereof until Boatfafloat is advised in terms acceptable to it following the agreement of the Owner and Hirer, or is ordered by a court or tribunal of competent jurisdiction, as to the application and remittance of the amount so held. Boatafloat shall account to the Hirer or as otherwise agreed between the Hirer and the Owner or ordered by a competent court or tribunal for interest on any Hire Charges or Advance Costs held for more than 30 days after the end of the Actual Hire Period.
16.11. In the case of Bookings with an Agreed Hire Period of 10 days or longer the Hire Charges for each complete week may be remitted to the Owner on an interim basis after the end of each week of the Actual Hire Period.
16.12 Boatafloat is authorised to issue an invoice or invoices (including Tax if applicable) as agent on behalf of and in the name of the Owner to the Hirer for any amounts payable.
16.13 Boatafloat may, but shall not be obliged to, receive payment of amounts due in connection with any Booking via the Hirer’s credit card.
17. Security Deposit
17.1. A security deposit will be specified in every Listing (“Security Deposit”). The Security Deposit shall be paid into the Boatafloat Receipts Account not later than 14 days before the commencement of the Agreed Hire Period, unless otherwise agreed in the terms of the Booking.
17.2. The Security Deposit may be applied towards:
17.2.1. the cost of making good any damage to a Boat for which a Hirer is responsible and which is not covered by the Insurance Policy, including damage up to the amount of any excess on the Insurance Policy; and/or
17.2.2. any Late Charges payable by a Hirer; and/or
17.2.3. any other amounts properly payable by the Hirer in relation to the Booking including (without limitation) payments for fuel and other consumables used by the hirer, Additional Services and liabilities under any indemnity.
17.3. A Hirer’s liability for damage to a Boat is not limited to the amount of the Security Deposit. If during the Actual Hire Period the Boat suffers loss or damage which has a cost of rectification estimated by the Owner (acting reasonably) to be more than 20% of the Security Deposit the Hirer shall within 24 hours following the written request of the Owner pay a supplementary Security Deposit in an amount equal to such estimated cost, in default of which the Owner shall be entitled to withdraw the Boat from the Booking and cancel any further performance of the Booking without any obligation to refund any part of the Hire Charges.
17.4. Boatafloat will act in its reasonable judgement to address the Owner’s and Hirer’s respective requests and claims related to any Security Deposit, but is not responsible for administering or ruling on any claims. In the event of Boatafloat being notified of any dispute between the Owner and the Hirer related to the Security Deposit Boatafloat reserves the right to hold the Security Deposit or part thereof until Boatfafloat is advised in terms acceptable to it, or is ordered by a court or tribunal of competent jurisdiction, as to the application and remittance of the Security Deposit. Boatafloat shall account to the Hirer or as otherwise agreed between the Hirer and the Owner or ordered by a competent court or tribunal for interest on any part of the Security Deposit held for more than 30 days after the end of the Actual Hire Period.
17.5 Boatafloat may but shall not be obliged to obtain a pre-authorisation of the Hirer’s credit card in the amount of the Security Deposit within a reasonable time prior to the commencement of the Agreed Hire Period.
18. Service Fees payable by Owner
18.1. In consideration for providing the Services, Boatafloat will charge service fees to Owners (“Service Fees”). Service Fees are based upon a standard rate of 10% (ten per cent) of the total amount of Hire Charges payable for the Actual Hire Period (including Late Charges if any), excluding any Tax on the Service Fees which shall be charged where applicable in addition to the Service Fees.
18.2. Service Fees plus any Tax shall be deducted from the Hire Charges before remitting the Hire Charges to the Owner.
18.2. Hire Charges received in the Boatafloat Receipts Account will be remitted by Boatafloat to the relevant Owner by direct credit transfer or other payment methods described in the Services.
18.3. Except as otherwise provided herein, Service Fees are non-refundable.
19.1. If, as a Hirer, you wish to cancel a Booking made via the Services any cancellation policy of the Owner contained in the applicable Listing or otherwise incorporated into the Booking will apply to such cancellation. Our ability to refund the Hire Charges and other amounts charged to the Hirer will depend upon the terms of the applicable cancellation policy. See also paragraph 22.3 below which covers cancellation in the event of issues with the Boat.
19.2. In the absence of any cancellation policy in the Listing or the Booking which provides otherwise, if a Hirer cancels a Booking all Hire Charges paid at that time shall be forfeited by the Hirer and released to the Owner less the Service Fees (plus Tax if applicable) which shall be retained by us. If at the time of cancellation the Hirer has paid the Hire Charges for the Agreed Hire Period in full, the Owner shall give credit to the Hirer for any sums received subsequently in respect of hiring the Boat to a third party for any part of the Agreed Hire Period, less any additional costs incurred by the Owner in relation to such re-hire.
19.3. Subject to paragraph 22.4 below (which covers issues with the Hirer or the Hirer’s crew), if an Owner cancels a Booking without cause Boatafloat will refund the Hire Charges for such Booking to the Hirer within 7 days of the cancellation, unless the Hirer instructs Boatafloat to hold the amounts in question for application towards a substitute Booking.
20. Appointment of Boatafloat as Payment Agent for Owner
20.1. Each Owner hereby appoints Boatafloat as the Owner’s limited agent solely and exclusively for the purpose of collecting Hire Charges and the Security Deposit and is authorised to issue an invoice or invoices (including Tax if applicable, in respect of which the Owner shall provide its VAT Registration details for inclusion in the invoice) on behalf of and in the name of the Owner to the Hirer for any amounts payable. In accepting appointment as the limited agent of the Owner, Boatafloat assumes no liability for any acts or omissions of the Owner.
20.2. Each Hirer and each Owner undertakes (respectively) not to pay to any Owner or to accept from any Hirer any Hire Charges other than through Boatafloat in its capacity as the agent of the Owner in accordance with these Terms.
20.3. Each Owner agrees that payment by a Hirer of Hire Charges or any other amounts paid to Boatafloat in connection with any Booking shall discharge the Hirer’s obligation in relation to payment of such amounts actually paid as if the Owner had received them direct. Chrges.
20.4. Each Owner agrees that Boatafloat may permit the Hirer to cancel the Booking and to make a refund of any part of the Hire Charges received in accordance with the terms of cancellation applicable to the Booking.
20.5. Boatafloat does not currently charge fees for the creation of Listings. However, each Owner acknowledges and agrees that Boatafloat reserves the right, in its sole discretion, to charge and collect fees for the creation of Listings and/or for other features of the Services. Boatafloat will provide notice of any such additional fees via the Services, prior to implementing such fees
21. Hirer’s & Crew’s Competency
21.1. The Hirer warrants and undertakes to the Owner that the Hirer and the Hirer’s crew have all necessary qualifications, experience, and competence to operate and navigate the Boat safely and in compliance with all applicable laws and any specific conditions of the relevant Booking. The Hirer shall, if requested, produce to the Owner or the Owner’s representative prior to the commencement of the Agreed Hire Period original or officially issued replacement certificates in relation to any qualifications the Hirer and/or the Hirer’s crew have or have claimed to possess (including but not limited to those posted by the Hirer to his Member’s Account). The Owner may, in his discretion, accept copies of any certificates.
21.2 Failure to produce any material certificate which the Hirer (or any of his crew) has claimed to hold may result in the Hirer being denied access to the Boat.
22. Pre-Hire Inspection & Sea Trials
22.1. Prior to the commencement of the Agreed Hire Period the Hirer may inspect the Boat in the company of the Owner or the Owner’s representative to assess the condition of the Boat and to satisfy the Hirer that the Boat is as described in the Listing to which the Hirer responded to or is otherwise in such condition as has been agreed between the Owner and the Hirer. The Owner shall ensure that all certificates relating to the Boat (including those relating to insurance, MCA Coding and safety equipment) and the qualifications of any crew provided as part of the Booking are valid and available for inspection at the time of inspection.
22.2. Either the Hirer or the Owner may require the other to undertake a sea trial of up to one hour to assess (in the case of the Hirer) the seaworthiness and functioning of the Boat and (in the case of the Owner) the competency of the Hirer and the Hirer’s crew.
22.3. If, following inspection or sea trial in accordance with paragraphs 22.1 or 22.2, the Hirer (acting reasonably) determines that (i) the condition of the Boat is not as described in the relevant Listing or the Owner’s response in the Booking Dialogue or is otherwise not in such condition as has been agreed by the Owner or (ii) the Boat is unseaworthy, the Hirer may terminate the Booking and shall be entitled to a refund of all sums paid (and shall have no liability to the Owner to pay any Hire Charges) together with the release of any Advance Costs and the Security Deposit.
22.4. If, before or after sea trial in accordance with paragraph 22.2, the Owner (acting reasonably) determines that the Hirer has misrepresented his experience and/or qualifications and/or that of his crew to a material extent so that it is reasonable to conclude the Hirer and his crew are between them not competent to operate and navigate the Boat safely and in compliance with the Booking and all applicable laws, the Owner may terminate the Booking and shall be entitled to payment of the amount payable under the terms of cancellation applicable to the Booking as if the Booking had been cancelled by the Hirer on the first day the Agreed Hire Period. The Owner shall give credit to the Hirer for any sums received subsequently in respect of hiring the Boat to a third party for any part of the Agreed Hire Period, less any additional costs incurred by the Owner in relation to such re-hire.
22.5. Use of the Boat by the Hirer after inspection and/or trial in accordance with paragraphs 22.1 and 22.2 shall be deemed to be acceptance of the Boat by the Hirer for the purposes of the Booking. Acceptance of the Boat shall be conclusive evidence that the Boat is in a satisfactory condition in accordance with the terms of the Booking and the Hirer shall thereafter have no right to reject the Boat or terminate the Booking on grounds related to the condition of the Boat or any part of its equipment unless there are serious defects which existed but were not discoverable by reasonable inspection at the time of acceptance and which affect the seaworthiness of the Boat or the safety of persons on board.
22.6. If the Hirer does not accept the Boat within three hours from the start of the Agreed Hire Period and has not notified the Owner of the Hirer’s intention to accept delivery later during the Agreed Hire Period, the Owner may terminate the Hire and shall be entitled to payment of the amount payable under the terms of cancellation applicable to the Booking as if the Booking had been cancelled by the Hirer on the first day the Agreed Hire Period. The Owner shall give credit to the Hirer for any sums received subsequently in respect of hiring the Boat to a third party for any part of the Agreed Hire Period, less any additional costs incurred by the Owner in relation to such re-hire.
23. Hirer’s Undertakings
23.1. A Hirer undertakes to an Owner whose Boat is Hired to the Hirer, in the following terms for the whole of the Actual Hire Period:
23.1.1. to pay all marina/ mooring /harbour /canal / locking/ launching / recovery / onshore storage / holding tank discharge and similar fees (except for the fees of mooring the Boat at its usual berth as notified by the Owner in the Booking), port dues and pilot fees together with the cost of consumables brought on board such as food, water and other refreshments and the cost of all fuel for propulsion, electricity generation, heating and cooking used; fuel tanks will be refilled at the end of the Actual Hire Period to the level they were at the commencement of the Actual Hire Period or if it is not practical to refill any tank the amount used will be estimated and charged from the Security Deposit if not covered by Advance Costs or otherwise paid by the Hirer;
23.1.2. to use the Boat solely for private pleasure cruising for the Hirer, the Hirer’s crew and guests and not use the Boat for any commercial or business purpose except for entertainment of employees or other persons associated with the Hirer’s business or customers of the Hirer or as otherwise agreed by the Owner;
23.1.3. not to sell, mortgage, sub-hire, sub-charter, lend or otherwise give up possession of the Boat or attempt to do so;
23.1.4. not knowingly or recklessly to do or omit to do or allow any other person to do any act or thing which may void, or allow the insurers to void, the Insurance Policy in whole or in part, or which may result in any claim under the Insurance Policy being denied or restricted in whole or in part; and
23.1.5 to indemnify the Owner in full against any loss or damage incurred or suffered by the Owner as a result of any breach by the Hirer of paragraph 23.1.4 above.
23.2. In addition to the undertakings in paragraph 23.1, a Hirer undertakes to an Owner whose Boat is Hired to the Hirer on a bareboat basis without any skipper or other representative of the Owner responsible for the Boat, in the following terms for the whole of the Actual Hire Period (or for such shorter period if any for which the Hirer is solely responsible for the Boat on such a bareboat basis):
23.2.1. to operate and navigate the Boat safely and in compliance with all applicable laws (including customs, marina, harbour, port, canal, lock, launching, recovery and any other regulations applicable at any place where the Boat is from time to time) and to be fully responsible for the safety and security of the Boat at all times during the Actual Hire Period;
23.2.2 not to allow the Boat to dry out or be stranded and to ensure that the Boat is moored only at secure and properly maintained mooring points;
23.2.3. to notify the Owner at the end of the Actual Charter Period if the Boat at any time during the Actual Charter Period been in collision or allision or grounded or otherwise unintentionally come into contact with any external object;
23.2.4 to notify the Owner of any failure of, or damage to, the Boat or any incident involving a third party as soon as possible thereafter if the failure or damage is significant or may result in a claim under the Insurance Policy, or otherwise not later than the end of the Actual Charter Period, and if notified during the Actual Charter Period to comply with any reasonable instructions given by the Owner in relation to the same;
23.2.5. to notify the Owner at the end of the Actual Charter Period if any safety equipment has been used;
23.2.6 not to undertake or attempt to undertake any modifications or repair work to any part of the Boat except in relation to minor deficiencies which are easily repairable and where such repair is essential for the safety of the Boat or anyone on board or to prevent further damage occurring and in all such cases to act reasonably as if the Hirer were a prudent owner of the Boat;
23.2.7. not to anchor the Boat in a place where anchoring is restricted or is otherwise dangerous or unsuitable for anchoring the Boat;
23.2.8. at no time during the Actual Hire Period to allow the Boat to be left unattended unless the Boat is safely moored or anchored in a marina, harbour or other similar location and all locks giving access to the interior of the Boat, any equipment on the Boat, or enabling any engine or machinery on the Boat to be operated are secured and the keys hidden or removed from the Boat;
23.2.9. not to carry on the Boat more than the number of persons which the Boat is licensed to carry by any relevant authority, or if lesser as specified in the Booking ;
23.2.10. not to allow any animals on board the Boat without the express prior written permission of the Owner (which may be withheld at the Owner’s absolute discretion);
23.2.11. not to use the Boat outside any geographical limits specified by the Owner;
23.2.12. not to race the Boat without the express prior written permission of the Owner (which may be withheld at the Owner’s absolute discretion);
23.2.13 to pay for and indemnify the Owner in full in respect of all the costs, expenses, liabilities and losses whatsoever resulting from any loss of, or damage to, the Boat during the Actual Hire Period which is not recoverable under the Insurance Policy, including the excess under the Insurance Policy whether or not the same has been declared by the Owner in advance of the Booking;
23.2.14 to redeliver the Boat to the Owner at the end of the Agreed Hire Period, free of any mortgage or other debts (other than mortgages or debts incurred by the Owner), in as good, clean and tidy condition as found when the Boat was delivered to the Hirer (fair wear and tear excepted), at the place the Boat was delivered to the Hirer or at such other place as has been agreed between the Owner and the Hirer;
23.2.15. if the Hirer fails to redeliver the Boat as required in paragraph 23.2.12, to pay Late Charges to the Owner for the whole period between the end of the Agreed Hire Period and the end of the Actual Hire Period, unless such failure is caused by the occurrence of a risk covered by the Insurance Policy or by a mechanical or other failure of the Boat which is not the Hirer’s responsibility under these Terms or as otherwise agreed between the Owner and the Hirer.
24. Owner’s Undertakings
24.1 The Owner of a Boat which is the subject of a Booking undertakes to the Hirer in respect of that Booking to deliver the Boat to the Hirer, subject always to paragraph 22.4,:
24.1.1. at the start of the Agreed Hire Period at the agreed place, failing which (i) if the delay is up to 10% of the Agreed Hire Period, the Owner’s liability shall be limited to a pro rata refund of the Hire Charges, and (ii) if the delay is 10% or more of the Agreed Hire Period the Hirer shall be entitled to terminate the Booking and receive a refund of all sums paid and shall have no liability to the Owner to pay any Hire Charges or Late Charges and shall be entitled to the release of the Security Deposit and any Advance Costs;
24.1.2. in the condition and equipped all as described in the relevant Listing and as stated by the Owner in the Booking Dialogue and/or in such other condition as agreed with the Hirer;
24.1.3. in a seaworthy condition in compliance with the MCA’s relevant Code of Practice or, if the Booking is solely for the purposes of racing in UK waters with delivery to and from the race area and accordingly exempt from MCA coding, in compliance with the applicable World Sailing Offshore Special Regulations with all necessary equipment, including all items specified in the inventory for the Boat and safety equipment for the number of persons specified in the Booking;
24.1.4. if agreed in the Booking, with a skipper and/or crew of sufficient experience, competence, qualification and availability to manage and/or crew the Boat for the whole of the Agreed Hire Period and for the intended use of the Boat, all as specified in the Booking; and
24.1.5 with the Insurance Policy in compliance with paragraph 25.1 in force with all premium paid for the Agreed Hire Period and in compliance with any conditions which apply to chartering the Boat.
24.2. Having delivered the Boat to the Hirer the Owner agrees to permit the Hirer to use the Boat in accordance with the Booking and for the Agreed Hire Period, provided that the Owner does not warrant or represent that the Boat is suitable for any particular purpose unless expressly stated in the Booking or as otherwise agreed in writing by the Owner.
24.3. In the event of the Hirer terminating the Booking under paragraph 24.1.1 , the Owner agrees to compensate the Hirer for any non-refundable travel or accommodation expenses reasonably incurred in connection with, or anticipation of, the Hire, provided that (i) the Owner shall have no liability to the Hirer in respect of any other consequential loss or loss of use or enjoyment of the Boat, (ii) the Owner shall have no liability to the Hirer if the delay or non-availability of the Boat is the result of events or circumstances which are beyond the reasonable control of the Owner and the Owner has made all reasonable efforts to avoid or mitigate the consequences of such events or circumstances; and (iii) the Owner’s liability to the Hirer for any breach of contract which entitles the Hirer to terminate the Booking under paragraph 24.1.1 shall not in any circumstances exceed 50% of the Hire Charges agreed for the Hire or such other amount as the Owner or Hirer may have agreed.
25. Insurance & Damage
25.1. The Owner shall establish and maintain during the Actual Charter Period the Insurance Policy which shall insure any Boat which is the subject of a Booking against fire and usual marine and collision risks for its full reinstatement value with protection and indemnity cover of not less than £3,000,000 or such other amount as may be specified in the Booking. The Insurance Policy shall be issued by reputable insurers on usual terms applicable for boats similar to the Boat used in the locations where the Boat is to be used with cover for chartering consistent with the terms of the Booking and the Owner shall provide to the Hirer and/or Boatafloat a copy of the certificate of insurance upon request.
25.2 The requirement for insurance in accordance with paragraph clause 25.1 shall not apply to any rowing dinghy, canoe, kayak or paddleboard or any other Boat which is agreed by Boatafloat in writing to be exempted from the requirement for insurance. The application of this paragraph 25.2 shall be noted in the Listing for the Boat.
25.3. The Hirer shall be responsible for payment of any excess payable by the Owner under the Insurance Policy (whether or not the same has been declared by the Owner in advance of the Booking). In the case of a Boat which is not insured by reason of paragraph 25.2 the Hirer shall be responsible for the cost of making good any damage suffered during the Actual Hire Period from any cause whatsoever or of replacing the Boat (like for like) if it is damaged beyond economical repair.
25.4. If during the Actual Hire Period the Boat is damaged or there is a breakdown of equipment, gear or machinery for any cause whatsoever (whether or not the same renders the Boat unfit for use) the Hirer shall not be entitled to any return of the Hire Charges or other compensation for any direct or indirect losses however caused.
26. Scope of Boatafloat’s obligations
26.1. If you choose to use the Services, you do so at your sole risk. You acknowledge and agree that Boatafloat does not have any obligation to conduct background checks on any Member, including any Hirer or Owner, or any representative of any Owner or any crew on a Boat, or the provider of any Ancillary Services, but may conduct such background checks as it decides in its sole discretion. The Services and the Collective Content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Boatafloat explicitly disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement of any matter relating to the Services or the Collective Content, and any warranties arising out of course of dealing or usage of trade. Boatafloat makes no warranty that the Services or the Collective Content, including any Listings or any Boats, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Boatafloat makes no warranty regarding the quality of any Listings, any Boat, the Services or any Member Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Member Content.
26.2. No advice or information, whether oral or written and whether obtained from Boatafloat or through the Services or the Collective Content, will create any warranty on the part of Boatafloat not expressly made in these Terms.
26.3. You are solely responsible for all of your communications and interactions with other Members and with all other persons with whom you communicate or interact as a result of your use of the Services, including any Owners or Hirers or providers of Ancillary Services. You acknowledge and understand that Boatafloat does not have any obligation to verify the statements of Members or of users of the Website or the Services or to review or inspect any Boat for compliance with representations made by its Owner, and you agree that any steps taken by Boatafloat in that regard are entirely voluntary and shall not be or be deemed to be or result in an assumption on the part of Boatafloat of any responsibility whatsoever, whether in relation to such steps actually taken or in relation to future conduct.
26.4 Boatafloat makes no representations or warranties as to the conduct of users of the Website or the Services or their compatibility with any current or future users of the Website or the Services and you agree to take reasonable precautions in all communications and interactions with other users of the Website or the Services and with other persons with whom you communicate or interact as a result of your use of the Website or the Services, including Hirers and Owners, particularly if you meet offline or in person whether or not such meetings are in the context of a Booking or otherwise.
26.5. Boatafloat explicitly disclaims all liability for any act or omission of any Hirer or Owner or other Member.
27. Limitation of Liability
27.1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website or the Services or the Collective Content, your listing or booking of and use of any Boat via the Services, and any contact you have with other users of the Services whether in person or online remains with you. Neither Boatafloat nor any shareholder, director, officer, employee, agent or representative of Boatafloat or other party involved in creating, producing, or delivering the Services or the Collective Content will be liable for any incidental, special, punitive, exemplary or consequential damages, including loss of business opportunity or profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection these Terms or any Booking, from the use of or inability to use any of the Website or the Services or the Collective Content, from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, or from your listing, booking or use of any Boat via the Services, whether based on warranty, contract, tort (including negligence), product liability, statutory duty or any other legal or equitable theory, and whether or not Boatafloat has been informed of the possibility of such damage.
27.2. Except for our obligations to pay amounts due by Hirers to Owners pursuant to these Terms or to refund any Hire Charge, Advance Costs or Security Deposit to a Hirer in circumstances where we accept that the Hirer has an unequivocal entitlement to such refund, in no event will Boatafloat’s aggregate liability arising out of or in connection with these Terms or any Booking or your use of the Services including from your lsting, booking or use of any Boat via the Services, or from the use of or inability to use any of the Website or the Services or the Collective Content or in connection with any Boat or interactions with any other Members, exceed £10 (ten pounds Sterling).
27.3 The limitations of damages set forth in paragraph 27.1 and 27.2 above are fundamental elements of the basis of the contract between Boatafloat and you. , You agree as a condition of becoming and being a Member that you will not rely on or invoke any territorial application of a prohibition of the exclusion or limitation of liability for consequential or incidental damages.
27.4 No Owner shall have liability for any injury or death to person or damage to property suffered by the Hirer of his Boat or any person invited on board the Boat by the Hirer, and the Hirer acknowledges that he and such persons do so at their own risk
27.5. Nothing in this paragraph 27 shall limit or exclude Boatafloat’s or the Owner’s liability in respect of death or personal injury caused by their negligent or intentional acts or omissions or those of any person for whom they are liable, or any liability for any breach of any express provision of these Terms or of any Booking, provided that if permitted by applicable law the liability of the Owner in such cases shall, without prejudice to any limitation of liability to which the Owner is entitled under applicable maritime law or international convention, be limited to the greater of £3,000,000 and the maximum amount of cover for such liability provided by the Insurance Policy.
28.1. You agree to release, defend, indemnify, and hold harmless Boatafloat and any shareholder, director, officer, employee, agent or representative of Boatafloat from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Services or the Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking or use of a Boat, (iii) creation of a Listing or participation in any Booking Dialogue (iv) the use, condition or hire of a Boat by you, including 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 the use of a Boat.
28.2. Nothing in this paragraph 28 shall limit or exclude Boatafloat’s liability in respect of death or personal injury caused by its negligent or intentional acts or omissions or those any person for whom it is liable.
E. GENERAL PROVISIONS
29. Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Boatafloat and you regarding the Services, the Collective Content, and any Booking or Listing, subject only to any variation hereto which is recorded in writing and clearly agreed (by evidence of offer and acceptance with intention to be bound legally) by both you and Boatafloat.
You may not assign or transfer these Terms, by operation of law or otherwise, without Boatafloat’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be of no effect. Boatafloat may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
31 Exclusion of Rights of Third Parties
Notwithstanding any provision of these Terms, nothing in these Terms confers or purports to confer whether by operation of the Contracts (Rights of Third Parties) Act 1999 or otherwise any right to enforce any Term on any person other than Boatafloat, any company in the same group of companies as Boatafloat, and any Member.
32.1 Any notices or other communications permitted or required hereunder will be in writing and may be given via email, if to Boatafloat to email@example.com and if to you to the email address that you provide in your application for Membership (subject to later substitution) or alternatively any notice by Boatafloat to Members generally (including notices regarding modifications to these Terms) may be made by posting to the Website. Notices may also be delivered by hand or by ordinary post, to Boatafloat at its registered office or other office address stated on the Website or by Boatafloat to any address of a Member stated in any application for Membership (subject to substitution), or in connection with any Booking to you at any alternative address stated in the Booking Dialogue in connection with such Booking.
32.2 Notices shall be deemed received on the date on which they are transmitted (if sent by email or posted to the Website) or on the date of delivery if delivered by hand or on the date falling five a days after posting if sent by post unless there is evidence of earlier receipt.
33. No Waiver
The failure of Boatafloat to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision on the part of Boatafloat will be effective only if in writing and signed by a duly authorized representative of Boatafloat. Except as expressly set forth in these Terms, the exercise by a party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or 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.
Boatafloat reserves the right, at its sole discretion, to modify the Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Website and may (but shall not be obliged to) provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Services after we have posted a modification on the Services , regardless of whether we have provided you with notice of a modification, you are confirming that from that point on you agree to be bound by the Terms as so modified.
35. Applicable Law & Jurisdiction
35.1. These Terms and any agreement created hereby shall be governed by and construed in accordance with the law of England & Wales.
35.2 Any dispute in relation to any matter governed by the Terms arising between Boatafloat and any Member or between a Member and another Member shall be subject to the exclusive jurisdiction of the courts of England & Wales, unless an alternative dispute resolution procedure, either pursuant to paragraph 35.3 or otherwise, has been agreed to apply to any Booking.
35.3 An Owner and a Hirer may elect by agreement either at the time of the Booking or subsequently that any dispute under any Booking shall be referred to arbitration under the London Maritime Arbitrators' Association terms and subject to the provisions of the Arbitration Act 1996. In such case whichever of the Owner and Hirer requires arbitration of any dispute (the “First Party”) shall serve upon the other party (the “Second Party”) and Boatafloat a notice specifying the issues to be arbitrated and the name of the arbitrator whom it has appointed. Within 14 days after receipt of such notice, the Second Party shall serve a notice on the First Party and Boatafloat stating either that it agrees to the arbitrator appointed by the First Party to act as a sole arbitrator or giving the name of the arbitrator whom it has appointed. If the Second Party fails to give a notice as aforesaid, it shall be deemed to have accepted the arbitrator appointed by the First Party as sole arbitrator. The arbitration tribunal shall be constituted by either the two arbitrators so appointed together with a chairman appointed by them or a sole arbitrator, as the case may be. Boatafloat shall be entitled to participate in the arbitration to the extent that it has an interest in the application of any monies held by it. The decisions of the arbitration tribunal shall be final and not subject to appeal.
36. Related Policies and Terms
You agree that in using the Services you will comply with all written Boatafloat rules and policies that are made available by Boatafloat on the Services.
Thank you for reading these Terms & Conditions. If you have any questions about them, please feel free to ask directly. We hope that your experiences with Boatafloat are to your satisfaction.