The www.boatgetaway.com website (the “Site”) is owned and operated by BoatGetAway (“BoatGetAway”, “us” or “we”). Through the Site, we provide an online platform that connects hosts wishing to rent accommodation on boats or other water-based property to guests wishing to rent such accommodation as well as providing other online tools and resources to facilitate the listing and booking of Accommodation directly between hosts and guests.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time without prior notice. You may review the latest version of these Terms at www.boatgetaway.com/terms. If we modify these Term we will post any changes on the Site. By continuing to use this Site or our Services after we have posted modifications to these Terms, you are indicating that you agree to be bound by the modified Terms.
Contents: 1. Key Definitions 2. Eligibility 3. BoatGetAway's Role 4. Prohibited Activities 5. Compliance with BoatGetAway Policies 6. Accounts 7. Listings 8. Bookings 9. Fees, Charges and Payment 10. Issues Relating to Bookings 11. Disclaimers 12. Limitation of Liability 13. Indemnity 14. Intellectual Property 15. Use of the Site
2. Eligibility The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
3. BoatGetAway's Role You acknowledge and agree that the Site is a platform which allows registered Hosts and Guests to meet online and arrange for the booking of Accommodation directly between each other via Houfy, a third party website. BoatGetAway is not a party to any legal contract for the booking of Accommodation, which is entered into directly between Hosts and Guests and BoatGetAway disclaims all liability arising from or related to any such contract to the fullest extent permitted by law. BoatGetAway's role is solely to facilitate the availability of the Site and Services.
BoatGetAway: (i) is not an owner, operator or charterer of any boats or other vessels or vehicles or other property generally; (ii) is not a travel agent, broker or insurer; (iii) does not sell, resell, furnish, provide, rent, re-rent, charter manage and/or control any Accommodation or accommodation generally; (iv) does not provide any related transportation or travel services; and (v) does not hold itself out as a supplier of any goods or services other than the Services. BoatGetAway has no authority to act for, or enter into contracts or other binding obligations on behalf of either Guests or Hosts. We have no control over, and shall have no responsibility for, the acts or omissions of any Guests or Hosts. It is the sole responsibility of Users (both Guests and Hosts) to assess a proposed booking (including the proposed Guest or Host, as applicable) and decide whether or not they wish to proceed. BoatGetAway does not make any recommendations or endorsements nor give any warranty or guarantee in respect of Accommodation listed on our Site. BoatGetAway makes no warranty or guarantee as to the appropriateness or conduct of any Guest or Host. We encourage Users to communicate directly with one another (using the messaging system available on the Houfy website) regarding any bookings or listings and to satisfy themselves that they have obtained and are satisfied with all the information they need before proceeding with a particular booking.
4. Prohibited Activities The Site provides a platform for Hosts and Guests to meet and arrange for the booking of accommodation services only. Hosts and Guests are strictly prohibited from discussing and/or making arrangements via the Site in respect of any services other than accommodation services or services which are directly ancillary to the provision of such accommodation (such as cleaning services). In particular, without limiting the generality of the foregoing, Hosts and Guests are strictly prohibited from discussing and/or making arrangements via the Site which involve the movement or navigation of any vessel or boat away from its berth or mooring, whether by way of licensed chartering or any other means. BoatGetAway shall not permit any transaction to be conducted through the Site where it has reasonable cause to believe that arrangements are being made in breach of this clause. Furthermore, BoatGetAway reserves the right to terminate or suspend any User’s or Host Account where it has reasonable cause to believe that such User has acted in breach of this clause.
5. Compliance with BoatGetAway Policies Guests and Hosts undertake to BoatGetAway that they shall at all times comply with the provisions of: (i) the Material Quality Issues, Damage to Accommodation and Cancellation Policy; and (ii) the Guest Conduct Policy (applicable to Guests only).
Guests and Hosts agree to indemnify BoatGetAway (in accordance with section 13) for any damage, costs, expenses or losses suffered or incurred by BoatGetAway arising out of any failure by the Host or Guest (as applicable) to comply.
6. Accounts You may view listings of Accommodations as an unregistered visitor to the Site; however, if you wish to book an Accommodation or create a listing, you must first register to create a Houfy user account (“Account”) with Houfy
Account Registration You may register for an Account through the Houfy website by going to the www.houfy.com, following the instructions given and providing the requested information.
In order to reserve a boat found on BoatGetAway, you must first create an Account by logging in with a third-party site , Houfy, via our Site, or by accessing their website yourself at www.houfy.com. PLEASE NOTE THAT YOUR RELATIONSHIP WITH HOUFY IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH HOUFY. BoatGetAway makes no effort to review any Houfy Content for any purpose, including but not limited for accuracy, legality or non-infringement and BoatGetAway is not responsible for any Houfy Content.
7. Listings As a user of the Site you will be able to have your listing featured. To feature your Listing on BoatGetAway you should follow the instructions set out on the Site. You will be need to provide BoatGetAway detailed information about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site and Services, all Accommodations must have authorized and valid marina berths or moorings.
Compliance with laws and 3rd party agreements You warrant, represent and undertake that all and any listings you wish to place on our Site relate to available Accommodation in an existing boat or vessel and that that any Listing you post and the booking of, or a Guest's stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties (including but not limited to 3rd financiers of the relevant boat or vessel, any marinas or waterway associations, counter parties to mooring and berthing agreements or any insurer of the boat or vessel), and (ii) will (a) be in compliance with all applicable laws (such as laws governing the rental of boating accommodation or accommodation generally in the jurisdiction in which the Accommodation is located), Tax requirements, and any rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of any third parties. If you are not the owner of the Accommodation, you represent, warrant and undertake that you have the express authorization from the owner, to deal with the Accommodation, including creating listings related to it and offering it for rental.
Pricing Listings will be made publicly available via Houfy. Prospective users/guests will be able to book your Accommodation via Houfy based upon the information provided in your Listing. You, and not BoatGetAway, are solely responsible for determining the price to be displayed in your listing and any additional charges (for example, cleaning fees) to be included or factored into such price. You understand and agree that once a Guest requests a booking of your Accommodation, you may not request the Guest to pay a higher price than that stated in the booking request. BoatGetAway does NOT collect or facilitate payments between the guest and host As a Host, you understand and agree that BoatGetAway does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and BoatGetAway is not a party.
Guest requirements and acceptance of Guests When you create a Listing, you may also choose to include certain requirements which must be met by the Users who are eligible to request a booking of your Accommodation. If you are a Host, BoatGetAway is unable to help you to make informed decisions about which Users you choose to confirm for booking for your Accommodation. You acknowledge and agree that you are solely responsible for your own acts and omissions. BoatGetAway does not make any representation, warranty or guarantee about the suitability of any Guest you may accept for a booking of your Accommodation.
Insurance BoatGetAway recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation
Bookings by Guests Guests can request a booking through Houfy by following the processes for making a booking request set out on the Houfy website and clicking on the appropriate confirmation button. You will have the opportunity to communicate with the relevant Host via the Houfy Site messaging service and to raise any queries about the Accommodation or the terms of the Listing before confirming your booking request. It is important that Guests check the information entered and correct any errors before making a booking request since once you click on such button or link, input errors cannot be corrected.
9. Fees, Charges and Payment Definitions In this section the following terms shall have the following meanings: Accommodation Fees are the fees charged by a Host to a Guest in exchange for the Guest’s stay in the Host’s Accommodation. The Accommodation Fees are set by the Host and not BoatGetAway. The Host may decide to include within these fees amounts payable in respect of tax which the Host determines he or she is liable to collect; Additional Charges are additional fees charged by a Host to a Guest (such as cleaning fee) which the Host may require at its discretion; Guest Booking Fees do not exist. Host Booking Fee is the fee charged by BoatGetAway to Hosts to BoatGetAway for use of the BoatGetAway listing Services Service Fees do not exist. Total Fees means the Accommodation Fees and any Additional Charges;
Security Deposits Hosts may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. Details of BoatGetAway policy regarding Security Deposits is set out in Part 3 of the Material Quality Issues, Damage to Accommodation and Cancellation Policy.
Fees payable by Guests BoatGetAway does not facilitate payments between guests and hosts.
Host’s Taxes You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Beds on Board cannot and does not offer Tax-related advice to any Users.
10. Issues Relating to Bookings The following matters are dealt with in the Material Quality Issues, Damage to Accommodation and Cancellations Policy: (i) Cancellations and Changes to Bookings; (ii) Material Quality Issues (as defined in the Policy); and (iii) Security Deposits and Damage to Accommodation.
A copy of the Material Quality Issues, Damage to Accommodation and Cancellations Policy can be found here. Guests and Hosts agree that all such issues shall be determined by each host and guest and that BoatGetAway does not have
11. Disclaimers IF YOU CHOOSE TO USE THE SITE OR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT BOATGETAWAY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BOATGETAWAY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BOATGETAWAY MAKES NO WARRANTY THAT THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BOATGETAWAY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BEDS ON BOARD OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT BOATGETAWAY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. BOATGETAWAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY BOATGETAWAY.
12. Limitation of Liability 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 SITE OR SERVICES, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE OR SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF BOATGETAWAY WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER BOATGETAWAY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST 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 WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BOATGETAWAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
13. Indemnification You agree to release, defend, indemnify, and hold BoatGetAway and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site or Services or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) your breach of the Material Quality Issues, Damage to Accommodation and Cancellation Policy and/or the Guest Conduct Policy; and (e) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Accommodation.
14. Intellectual Property This Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms and conditions. This means, for example, that we remain owners of them and free to use them as we see fit. Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site. The trade mark ‘BoatGetAway’ is our trademark. Other trade marks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
15. Use of the Site Acceptable use We permit you to use the Site only for personal, purposes and primarily for searching for, listing or booking Accommodations. Use of the Site in any other way, including in contravention of any restriction on use set out in this policy, is not permitted. If you do not agree with the terms of this policy, you may not use the Site.
Restrictions on use As a condition of your use of the Site, you agree: (a) not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these terms and conditions; (b) as a Host, not to use the Site to List any Accommodation which is not permitted to be made available for rental under the terms of any agreement with a third party; (c) not to use the Site to contact any other User for any reason other than bona fide communications in connection with the booking of an Accommodation; (d) not to use the Site to discuss or make arrangements in respect of the chartering (whether licensed or otherwise) of any boat or vessel; (e) not to use the Site to commit any act of fraud; (f) not to use the Site to distribute viruses or malware or other similar harmful software code (g) not to use the Site for purposes of promoting unsolicited advertising or sending spam; (h) not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’); (i) not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity; (j) not to use the Site in any manner that harms minors; (k) not to promote any unlawful activity; (l) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; (m) not to use the Site to gain unauthorized access to or use of computers, data, systems, accounts or networks; and (n) not to attempt to circumvent password or user authentication methods.
Submission of Content and Communication Services In connection with your use of the Site or Services, you may submit Content to the Site (for example in connection with the creation of a Listing or through use of the Site’s messaging tools). We are not obliged to monitor or moderate any submissions of Content to the Site. Where we do monitor or moderate submissions we shall indicate how this is performed and who should be contacted in relation to any submission of concern to you. We may remove or edit any submissions of Content to our Site whether they are moderated or not. Any Content you submit to the Site must: (a) comply with the provisions of these Terms; (b) be your own original work and lawfully submitted or provided with the necessary consent of any third party; (c) not infringe the intellectual property rights of any third party; (d) be factually accurate or your own genuinely held belief; (e) not be defamatory or likely to give rise to an allegation of defamation; (f) not be offensive, obscene, sexually explicit, discriminatory or deceptive; and (g) be unlikely to cause offense, embarrassment or annoyance to others. By submitting any Content on or through the Site, you hereby grant to BoatGetAway a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, 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 Content on, through, by mean of or to promote or market the Site and Services. BoatGetAway does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.
Linking and framing You may create a link to our Site from another website without our prior written consent provided no such link: (a) creates a frame or any other browser or border environment around the content of our Site; (b) implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site; (c) displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or (d) is placed on a website that itself does not meet the acceptable use requirements of this policy. We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link. Accuracy of information and availability of the Site While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk. We may suspend or terminate operation of the Site at any time as we see fit. You may have certain legal rights when using the Site. These are also known as ‘statutory rights’, Nothing in these terms and conditions affects these legal rights. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site. Hyperlinks and third party sites The Site may contain hyperlinks or references to third party websites other than the Site, such as Houfy. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
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