TheBoats.com Terms of service and of use

Last updated: July 1, 2019

Table of content:
  1. Subject of matter of the service and the contract
  2. Validity
  3. Booking and rental process
  4. Definition of client
  5. Client duties
  6. Final service provider
  7. Contracting methods
  8. Payment methods
  9. Withdrawal
  10. Agreements on the rules
  11. Changes to the Terms of service and of use
  12. Complaints and applicable jurisdiction

THE BOAT GLOBAL (TBG) LIMITED (henceforth TheBoats.com), with CY 10393645R, applies the following general terms of service and use to their customers. TheBoats.com is devoted to the management of boat charters bookings (not to the rental itself), and of collections of these rentals.

By hiring any of the TheBoats.com services the customer fully and unconditionally accepts these terms of service and of use, and the regulation disclosed in our Privacy Policy which you will find in this very web page.

The boat charter, which is between the client and the final service provider (owner or manager of the boat), is governed by the rental contract with the final service provider. TheBoats.com does not intervene in the rental contract, nor is a party.

These terms of service and of use and the Private Policy can be consulted in the following addresses Terms of service and Privacy policy and the email address to make any further consultation is [email protected] and the web page is www.theboats.com

The aim and intent of TheBoats.com is to fully satisfy the client. Please, report any incident without delay to [email protected] Furthermore, any communication or document should be sent to the same email address.

1. SUBJECT MATTER OF THE SERVICE AND THE CONTRACT

TheBoats.com provides brokerage services (by managing bookings) in the pleasure boat charters. Through TheBoats.com and/or theboats.com, the client books the charter, and if applicable, rents a boat to the final service provider, in accordance with the terms and the price agreed with the provider.

All the boats in theboats.com are offered by TheBoats.com which acts as a mediator and whose responsibility is limited to bringing into contact the client with the final service provider, who is solely and directly responsible for the provision of the service. TheBoats.com is not responsible for the provision of the service and, therefore, does not have the obligation to answer in the event of the non-fulfillment or the incomplete fulfillment of the contracted service with the final service provider, with whom the client has contracted the service. Nevertheless, TheBoats.com informs that all the final service providers have been explicitly requested to meet the requirements of the service, according to the sector standards and to the rental contract. The non-fulfillment of this obligation by the final service providers, implies that TheBoats.com may exclude them from theboats.com.

The final service provider explicitly entrusts TheBoats.com with the task of collecting the rental payment for the contracted service, as well as blocking the part of the amount agreed. Other services, extras and the deposit will be agreed between the client and the final service provider, but in this case they will be charged by the latter.

The client expressly accepts this limitation of liability of TheBoats.com and, in consequence, TheBoats.com is only responsible for managing and formalizing the booking of the chosen boat, and of managing the payment of the deposit and the rental, according to the conditions and measures established and the characteristics advertised. The client acknowledges that the final service provider may not accept the booking, in which case TheBoats.com will offer the client alternative boats or the full refund of the amount blocked and/or paid.

Although we aim to perform the service as advertised on theboats.com, we cannot verify or guarantee that all the information is precise, complete or correct. The final service provider is responsible for the information about boats (prices, configuration, features, extras, etc.) included on theboats.com. TheBoats.com does not verify this information and, therefore, the final service provider is the only party responsible for the veracity and accuracy of such information. The client accepts that any complaint in this sense will be made directly and exclusively against the final service provider. Without prejudice to it, we inform you that TheBoats.com requests the final service providers to give accurate and correct information; otherwise, they may be excluded from theboats.com. Any incident, we recommend to be reported to [email protected]

The rental contract will have the duration stated in the rental booking form, without prejudice to being subject to the contract regulation to subscribe to the final service provider. Any change in its duration, should be informed to TheBoats.com.

2. VALIDITY

The terms of service and of use are applicable as soon as the client generates the booking form.

3. BOOKING AND RENTAL PROCESS

The booking with TheBoats.com and the rental with the final service provider process is as follows:

  • Sign in to theboats.com
  • Select a boat and read its terms of use
  • Specify dates and extras if applicable and fill in the information required, including personal mandatory data
  • Confirm the booking details
  • Pay for the rental or pay for part of the payment agreed upon (depending on the remaining time before the service is provided).
  • TheBoats.com will confirm if the final service provider has accepted the booking and you will obtain the rental contract drawn up and provided by the final service provider. In this case, TheBoats.com will retrieve the blocked amount.
  • Make the outstanding payment to TheBoats.com (if applicable) within the indicated dates.
  • Once the service has been provided, TheBoats.com will request the client to rate the service in detail so the rest of the clients have access to this information.

The client acknowledges that the service provided shall be the exclusive responsibility of the final service provider, according to the contract signed and, therefore, this is solely responsible for it.

4. DEFINITION OF CLIENT

A client is anyone over 18 years of age, with the power to rent a boat, accept the present terms of service and of use and agree to be bound by them when generating the booking form.

5. CLIENT DUTIES

The client is obliged to:

  • Always grant authentic, right and up-to-date information about personal data requested or any other type of information
  • Not provide your password to anyone to ensure you are the only person with access to your account
  • Provide the data requested to TheBoats.com in order to deal with: the booking (by TheBoats.com), contract and provision of service (by the final service provider) and charging for the rental (by TheBoats.com)
  • Accept that TheBoats.com may transmit personal data to the final service provider, so that TheBoats.com may prepare the rental contract and have the data of the people who will steer the boat or be passengers on it. The final service provider is committed to and obliged to comply with the personal data protection regulations
  • Provide the information and qualifications, if applicable, which may be reasonably required
  • Pay the amounts corresponding to the hired contracts within the due dates established in the booking and/or hiring process
  • Properly use the services and, if applicable, have the appropriate qualifications or licenses available in order to use the boat
  • Pay all the services as indicated by SAN, as well as, the services carried out during navigation and which were not expressly included in the offer such as the skipper, fuel and water, mooring outside port base, taxes, and any other services required, according to the rental contract
  • Provide only truthful information when rating the service received. In any event, TheBoats.com reserves the right to accept, reject or withdraw the valuations and opinions.
6. FINAL SERVICE PROVIDER

The final service provider may be the owner of one or several boats, a charter company, a broker, or an agency which manages boats.

TheBoats.com offers final service providers the possibility to announce their boat in the online platform with a description, features, images, prices and an availability calendar, according to the information provided to TheBoats.com. Thus, TheBoats.com can carry out its booking service and, if applicable, the rental payments management.

7. CONTRACTING METHODS

The client and TheBoats.com accept the possibility to formalize agreements and contracts by any means offered by the law, including e-contracting methods through a webpage or an email, telephone recording, digitized signature, electronic signature, as well as that they may be stored, organized or copied, by any available means.

8. PAYMENT METHODS

The client will pay when booking or contracting a service, paying the amount agreed in each case and at the agreed moment (and according to the conditions previously accepted by the client).

If the clients do not have to pay the total amount when booking, they are obliged to make the outstanding payment within the indicated dates.

The payment methods accepted are those made through the payment platform set up on theboats.com by debit or credit cards such as Visa, Visa Electron, Master Card, Diners Club and American Express, as well as other means which can be implemented online.

In the event of incidents in the payment through the web page, TheBoats.com will accept a transfer as an alternative payment method so the client can pay within 24 hours from the moment of the booking or the date of payment agreed.

9. WITHDRAWAL

9.1 On the part of the client

In the event of withdrawal after booking on the part of the client, the cancellation expenses will be stated in the rental contract with the final service provider and, in case they are not stated or the contract is not signed yet, the cancellation expenses will be the following:

  • Cancellations 90 days before departure: a penalty of 25% of the rental amount;
  • Cancellations 60 to 90 days before departure: a penalty of 50% of the rental amount;
  • Cancellations 30 to 60 days before departure: a penalty of 75% of the rental amount;
  • Cancellations less than 30 days before departure a penalty of 100% of the rental amount.

Once your order has been cancelled, the deducted amount will be returned to your payment card. Cancellations will be processed via mail to [email protected] or in account on www.theboats.com

9.2 On the part of the final service provider

Without prejudice of the agreed in the rental contract with the final service provider, we inform that the following cases will trigger an automatic termination of the contract and/or booking, without compensation, or refund of the amount paid by the client:

  • Non-compliance by the client with the payments within the due dates.
  • Imprudence or non-compliance with the rules and the current legislation when using the boat, which includes but is not limited to: exceeding the number of people on board, sailing beyond authorized limits for the boat or for your qualifications.
  • Failure to present the required documentation to steer the boat, before boarding in contracts where Skipper has not been hired.
  • Showing insufficient skills to steer the boat, in contracts where Skipper has not been hired.
10. AGREEMENTS ON THESE RULES

If any of the stipulations in these terms of service and use were declared null and void in application of the legislation in force, by virtue of a decision of court or any recognized body with enough jurisdiction, the remaining stipulations shall remain in force.

11. CHANGES IN THE FUTURE

The users will be informed of any changes on the web page or in these terms of use, which will be considered as accepted by the users who access theboats.com after that communication.

12. COMPLAINTS

Complaints shall be made in writing and through an irrefutable reception method.

In case of controversy about the interpretation of this document, the English version of these conditions is the prevailing one.