Terms of Service for Users
As a consumer who resides in the EEA you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Boatsy is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom. Section 24 of these Terms contains an arbitration agreement and class action waiver that applies to all claims brought against Boatsy in the United States. Please read them carefully.
Last Updated: 28 June 2023
Thank you for using Boatsy!
These Terms of Service for European Users (“Terms”) are a binding legal agreement between you and Boatsy that govern your right to use the websites, applications, and other offerings from Boatsy (collectively, the “Boatsy Platform”). When used in these Terms, “Boatsy,” “we,” “us,” or “our” refers to the Boatsy entity such as: Boat Rentals Ltd, 14932454 84, Iverna Court. W8 6TU .
The Boatsy Platform offers an online venue that enables users (“Members”) to publish, offer, search for, and book sailing vehicles and services. Members who publish and offer services are “Hosts” and Members who search for, book, or use services are “Guests.” Hosts offer boat rentals (“Accommodations”), activities, excursions and events (“Experiences”), and a variety of travel and other services (collectively, “Host Services,” and each Host Service offering, a “Listing”). You must register an account to access and use many features of the Boatsy Platform, and must keep your account information accurate. As the provider of the Boatsy Platform, Boatsy does not own, control, offer or manage any Listings, Host Services, or tourism services. Boatsy is not a party to the contracts entered into directly between Hosts and Guests, nor is Boatsy a boat broker, travel agency, insurer or an organiser or retailer of travel packages under Directive (EU) 2015/2302. Boatsy is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Boatsy’s role see Section 16.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Boatsy payment entities (collectively "Boatsy Payments").
If you Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Host Services.
Table of Contents
- Our Mission.
- Searching and Booking on Boatsy.
- Cancellations, Travel Issues, Refunds and Booking Modifications.
- Your Responsibilities.
- Hosting on Boatsy.
- Managing Your Listing.
- Cancellations, Travel Issues, and Booking Modifications.
- Taxes.
- Reviews
- Content.
- Fees.
- Boatsy Platform Rules.
- Termination, Suspension and other Measures.
- Modification of these Terms.
- Resolving Complaints and Damage Claims.
- Boatsy’s Role.
- Member Accounts.
- Disclaimer.
- Liability.
- Indemnification.
- Contracting Entities.
- Applicable law and Jurisdiction.
- Miscellaneous.
- United States Dispute Resolution and Arbitration Agreement.
- Business Users.
- Termination, Suspension and other Measures.
- Complaints Handling and Mediation.
- Access to Data.
- Additional Distribution Channels.
- Schedule 1 - Contracting Entities
Guest Terms
Host Terms
General Terms
Additional Terms Specific to Business Hosts
Our Mission.
Our mission is to create a world where you can belong anywhere. From cabins to castles to cooking classes, browse through millions of Listings to find the ones that fit the way you like to travel. Learn more about a Listing by reviewing the description and photos, the Host profile, and past Guest reviews. If you have questions, just message the Host.
Searching and Booking on Boatsy.
Searching. You can search for Host Services by using criteria like the type of Host Service, travel destination, travel dates, and number of guests. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, previous trips and saved listings, Host requirements, and more.
Booking. When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Boatsy’s service fee, taxes, and any other items identified during checkout (“Total Price”). When you receive the booking confirmation, a contract for Host Services is formed directly between you and the Host.
Accommodation Reservations. An Accommodation Reservation is a limited license to enter, occupy, and use the boat rental. The Host retains the right to re-enter the Accommodation during your stay, to the extent it is reasonably necessary.
Reservations for Experiences and Other Host Services. An Experience or other Host Service Reservation entitles you to participate in, attend, or use that Host Service.
Cancellations, Travel Issues, Refunds and Booking Modifications.
Cancellations, Travel Issues, and Refunds. If you cancel a reservation, the amount refunded to you is determined by the cancellation policy that applies to that reservation.
Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Boatsy Platform or direct Boatsy customer service to make on their behalf.
Your Responsibilities.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Accommodation or Experience.
Hosting on Boatsy.
Host. As a Host, Boatsy offers you the right to use the Boatsy Platform to share your boat rental, Experience, or other Host Service.
Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Boatsy Platform, you are entering into a contract directly with the Guest.
Independence of Hosts. Your relationship with Boatsy is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Boatsy.
Managing Your Listing.
Creating and Managing Your Listing. The Boatsy Platform provides tools that make it easy for you to set up and manage a Listing.
Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Listing or Host Services.
Cancellations, Travel Issues, and Booking Modifications.
Cancellations and Travel Issues. If a Guest cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that reservation.
Booking Modifications. Hosts and Guests are responsible for any Booking Modifications they agree to make via the Boatsy Platform.
Taxes.
Host Taxes. As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable Taxes.
Collection and Remittance by Boatsy. In jurisdictions where Boatsy facilitates the collection and/or remittance of Taxes, you instruct and authorize Boatsy to collect Taxes on your behalf.
Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Boatsy may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting by our Guests and their organizations.
Reviews
After each Host Service, Guests and Hosts will have an opportunity to review each other. Your review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Boatsy for accuracy and may be incorrect or misleading.
Content
Parts of the Boatsy Platform enable you to provide feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Boatsy a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Boatsy Platform, in any media or platform. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy.
Fees
Boatsy may charge fees (and applicable Taxes) to Hosts and Guests for the right to use the Boatsy Platform. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Boatsy Platform, service fees are non-refundable.
Boatsy Platform Rules
You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect.
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Follow our Nondiscrimination Policy and do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair the Boatsy Platform.
- Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Boatsy Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Boatsy Platform or Content.
- Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Boatsy Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the Boatsy Platform.
- Only use the Boatsy Platform as authorized by these Terms or another agreement with us.
- You may only use another Member’s personal information as necessary to facilitate a transaction using the Boatsy Platform as authorized by these Terms.
- Do not use the Boatsy Platform, our messaging tools, or Members’ personal information to send commercial messages without their express consent.
- You may use Content made available through the Boatsy Platform solely as necessary to enable your use of the Boatsy Platform as a Guest or Host.
- Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
- Do not request, make or accept a booking or any payment outside of the Boatsy Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.
- Do not require or encourage Guests to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by Boatsy.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not book Host Services unless you are actually using the Host Services.
- Do not use, copy, display, mirror or frame the Boatsy Platform, any Content, any Boatsy branding, or any page layout or design without our consent.
- Honor your legal obligations.
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
- Read and follow our Terms, Additional Legal Terms, Policies and Standards.
- Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation that violates our rules for parties and events, as incorporated by reference herein.
- Do not use the name, logo, branding, or trademarks of Boatsy or others without permission, and only as set forth in our Trademark Guidelines.
- Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or other source identifier that may be confused with Boatsy branding.
- Do not offer Host Services that violate the laws or agreements that apply to you.
- Do not offer or solicit prostitution or participate in or facilitate human trafficking.
Termination, Suspension, and Other Measures
Term. The agreement between you and Boatsy reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Boatsy may terminate this agreement for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. Boatsy may also terminate this agreement immediately and without prior notice and stop providing access to the Boatsy Platform if (i) you materially breach these Terms or our Additional Legal Terms, or Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or Sailing Vehicle of Boatsy, its Members, or third parties (for example in the case of fraudulent behavior of a Member), or (iv) your account has been inactive for more than two years.
Member Violations. If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or Boatsy otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or Sailing Vehicle of Boatsy, its Members, or third parties, Boatsy may:
- Suspend or limit your access to or use of the Boatsy Platform and/or your account;
- Suspend or remove Listings, Reviews, or other Content;
- Cancel pending or confirmed bookings; or
- Suspend or revoke any special status associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Boatsy and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.
Legal Mandates. Boatsy may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 13.3.
Effect of Termination. If you are a Host and terminate your Boatsy account, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund. If you terminate your account as a Guest, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Boatsy Platform has been limited, or your Boatsy account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Boatsy Platform through an account of another Member.
Appeal. If Boatsy takes any of the measures described in this Section 13 you may appeal such a decision by contacting our customer service.
Modification of These Terms
When we propose changes to these Terms, we will post the revised Terms on the Boatsy Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by Boatsy, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Boatsy Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.
Resolving Complaints and Damage Claims
If a Member provides valid evidence that you, your guest(s), or your pet(s) culpably damaged the complaining Member’s real or personal Sailing Vehicle, or real or personal Sailing Vehicle the complaining Member is responsible for, including consequential damages, ("Damage Claim"), the complaining Member can notify Boatsy and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, you authorize Boatsy via Boatsy Payments to collect the amount of the Damage Claim from you.
If the Host and Guest cannot resolve, or a Guest fails to pay a Damage Claim, the Host may notify Boatsy through the Resolution Center under the terms of the Host Damage Protection Terms and seek compensation. Boatsy will review the Damage Claim and ask the Host to provide any required evidence (e.g., through appropriate documents, photos, invoices, or third-party experts) which substantiates the Damage Claim and the Damage Claim amount. The Guest will be given the opportunity to respond and provide any relevant counter evidence. If Boatsy determines, under consideration of the evidence provided, the Host Damage Protection Terms, and applicable statutory rules on the burden of proof that the Guest is responsible for the Damage Claim, Boatsy (via Boatsy Payments) will pay out the Damage Claim to the Host. If Boatsy pays out the Damage Claim to the Host, Boatsy may collect the amount of the Damage Claim from the Guest, including by charging the guest’s Payment Method up to a maximum amount of $500 USD. Boatsy may also pursue claims for recovering Damage Claims amounts, including amounts exceeding the maximum amount applicable for charging the Guest’s Payment Method, against a Guest using any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against a Guest. Members may appeal a decision by Boatsy by contacting our customer service. As between Members and Boatsy, the burden of proof regarding the Damage Claim and the Damage Claim amount always lies with Boatsy.
You agree to cooperate in good faith, provide any information Boatsy requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Host Services.
Any decisions made by Boatsy in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
Boatsy’s Role
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Boatsy is not and does not become a party to or other participant in any contractual relationship between Members. Boatsy is not acting as an agent for any Member except for where Boatsy Payments acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using Boatsy, we do not and cannot control the conduct or performance of Guests and Hosts and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members.
Member Accounts
You must register an account to access and use many features of the Boatsy Platform. Registration is only permitted for legal entities, partnerships, and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Boatsy Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Boatsy if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Boatsy Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
Disclaimer
Boatsy does not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Guest, Host, Host Service, Listing, or third party and does not warrant that verification, identity, or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being "verified" (or similar language) indicate only that the Member or Boatsy has completed a relevant verification or identification process and nothing else. Boatsy is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Boatsy Platform.
Liability
Boatsy is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents, Boatsy’s liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Boatsy in whose proper fulfillment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Boatsy is excluded.
Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at Boatsy’s option), indemnify, and hold Boatsy (including Boatsy Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, arising out of or in any way connected with your breach of these Terms, your improper use of the Boatsy Platform, your interaction with any Member, participation in a Host Service, your breach of any laws, regulations, or third party rights, or your failure to accurately report, collect, or remit Taxes.
Contracting Entities
Any inquiry about Boatsy Platform can be resolved with Boat Rentals Ltd, 14932454 84, Iverna Court. W8 6TU London or email us on [email protected].
Applicable Law and Jurisdiction
These Terms are governed by and construed in accordance with United Kingdom law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Boatsy's place of business in Ireland. If Boatsy wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the United Kingdom courts.
Miscellaneous
Other Terms Incorporated by Reference. Our Host Damage Protection, Japan Host Insurance Terms, Rebooking and Refund Policy, Experiences Guest Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Additional Legal Terms, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the Boatsy Platform, are incorporated by reference, and form part of your agreement with Boatsy.
Interpreting These Terms. Except as they may be supplemented by additional terms and conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Boatsy and you pertaining to your access to or use of the Boatsy Platform and supersede any and all prior oral or written understandings or agreements between Boatsy and you.
No Waiver. Boatsy’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
Assignment You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Boatsy's prior written consent. Boatsy may, without restriction, assign, transfer, or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time pursuant to Section 13.2 remains unaffected.
Notice Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement will be provided electronically and given by Boatsy via email, Boatsy Platform notification, messaging service, or any other contact method we enable you to provide.
Third-Party Services The Boatsy Platform may contain links to third-party websites, applications, services, or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Boatsy is not responsible or liable for any aspect of such Third-Party Services, and links to such Third-Party Services are not an endorsement.
Google Terms Some translations on the Boatsy Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose, and non-infringement. Some areas of the Boatsy Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Apple Terms If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
Boatsy Platform Content Content made available through the Boatsy Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual Sailing Vehicle rights for that Content are the exclusive Sailing Vehicle of Boatsy and/or its licensors and agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any Content accessed through the Boatsy Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms.
Force Majeure Boatsy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, or disease, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Emails and SMS You will receive administrative communications from us using the email address or other contact information you provide for your Boatsy account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails. You may also receive promotional emails from us. You can control whether you receive promotional emails using the notification preferences in your account settings.
Contact Us If you have any questions about these Terms, Boat Rentals Ltd, 14932454 84, Iverna Court. W8 6TU or email us on [email protected].
Schedule 1 - Contracting Entities
Boat Rentals Ltd, 14932454 84, Iverna Court. W8 6TU London or email us on [email protected]. 000000000
