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Terms & Conditions

"Click&Boat" Terms & Conditions (juin 2016 version)

1. 1. Definitions The terms defined below in these terms and conditions, whenever they begin with a capital letter, whether used in the singular or the plural, will have the meaning which is designated below. "Listing": refers to an offer of a Rental or Co-sailing by an Owner on the Site, "Boat Manager": refers to the intermediary service for Owners with concierges for carrying out an inventory on arrival and on departure and for Boat release, signing the Rental contract and receiving Renters on behalf of the Owners, "T&Cs": refers to these terms and conditions, "Click&Boat": refers to the Clickandboat company, a simplified joint stock company with capital of 3,596 euros, whose registered office is 37, boulevard Saint Jacques, 75014, Paris, registered with the Paris Trade and Companies Register under number 801 157 256 and with ORIAS under number 15005 093 as an intermediary insurance agent, "Co-sailing": refers to the sailing activity with shared ownership costs, maintenance costs and use of the Boat. This share, calculated by the Owner under his/her sole responsibility, must be strictly limited to a proportion of these costs. The Owner is prohibited from gaining any profit from Co-sailing. The Owner acknowledges and agrees that the collection of any amount which exceeds the simple sharing of costs would be likely to result in reclassification of Co-sailing as a transport activity; Click&Boat accepts no responsibility for the consequences of such reclassification, "Click&Boat commisions": refers to both the Click&Boat Renter Commission and the Click&Boat Owner Commission, "Click&Boat Renter Commission": refers to a commission of 14% including taxes added to the Owner Price and payable by the Renter as remuneration for the Service, "Click&Boat Owner Commission": refers to a commission of 4% including taxes, included in the Owner Price and payable by the Owner as remuneration for the Service, "Content": refers to any text, graphics, image, video, information or other materials which the User posts, uploads, publishes, submits, conveys or includes in his/her Listing or User account to make it available on the Site, "Boat": refers to any watercraft offered for Rental on the Site (such as and including sailboats, motorboats, houseboats, catamarans, jet skis, etc.) "Renter": refers to any natural or legal person booking a Boat for Rental or for Co-sailing, "Rental": refers to an Owner renting out a Boat, docked or at sea, to a Renter "Optional extras": refers to the options which may be chosen by the Renter in addition to the Owner Price (bedding costs, cleaning, etc.), "Getting Started": refers to the boarding of the Boat or the arrival on the Boat on the first day of the Rental and/or Co-sailing, "Rental Price": refers to the price published as part of the Listing including the Owner Price, the Click&Boat Renter Commission and excluding Optional Extras. Unless otherwise specified in the Listing, the Rental Price does not include the cost of mooring the Boat in the harbour, or the price of fuel, "Owner Price": refers to the price freely chosen by the Owner at the time of publication of his/her Listing, including the Click&Boat Owner Commission, "Owner": refers to any natural or legal person, professional or individual, who can prove full ownership of a Boat on request by Click&Boat and/or a Renter. By extension, it also refers to the authorised representative of an Owner, who must be able to justify the existence and extent of the authorisation received, "Professional Owner": refers to any owner using the Service professionally, "Private Owner" refers to any owner not using the Service professionally, "Service": refers to both: (i) the service linking Owners and Renters to facilitate Co-sailing or the Rental of Boats, either docked or at sea and (ii) the User booking and payment management tool, "Site": refers to both the website www.clickandboat.com and the "Click&Boat" mobile application, "User": refers to any user of the Site and the Service, whether an Owner or a Renter, "Weather cancellation": refers to a booking cancellation of one day or less due to special weather conditions. 2. Acceptance of T&Cs The use of the Service and the Site are subject to these T&Cs. These T&Cs constitute an agreement governing relations between the User and Click&Boat. They supersede all previous provisions and constitute the entirety of the rights and obligations of Click&Boat and the User and their relative roles. The Parties agree that in case of contradiction between information on the Site and the T&Cs, the latter shall prevail. The User's full acceptance without reservation of these T&Cs shall be deemed given if the User has ticked "I accept the terms and conditions" when creating a User account or subscribing to an offer. If this box has not been ticked, the creation of the User account and use of the Service is impossible and invalid, which the User acknowledges. Click&Boat reserves the right to make modifications at any time, with the changes taking effect upon publication on the Site. The continued use of the Site constitutes tacit acceptance by the Users of the most recently updated version of the T&Cs. 3. Purpose of the Service The Service is a service linking Owners and Renters to facilitate Co-sailing or the Rental of Boats and to manage payments between Users. Each User understands and agrees that Click&Boat is and remains a third party to the contract between an Owner and a Renter. As such, Click&Boat cannot be required to perform the obligations of a User in his/her place and cannot be held liable in respect of a User's breaches of his/her contractual obligations. 4. Access to the Service 4.1. Legal capacity The Service is restricted to adult individuals and emancipated minors, enjoying full legal capacity and to legal entities who submit unconditionally to these T&Cs. 4.2. Access To be able to use a User Account, the User must have an email address and a mobile telephone number, both of which must be valid for the duration of use of the Service. 5. Use of the Service 5.1. Creating a User Account To use the Service, the User must first create a User account by following the procedure as explained on the Site and/or sent by email. In particular, the User will be asked to complete his/her nautical CV. Users are solely responsible for keeping log-in details for their email inbox and their User account confidential; Click&Boat accepts no liability for use of the Service by anyone other than the User or a person authorised by the User, with access to his/her username and password. In case of forgotten log-in details or improper use by third parties thereof, the User agrees to inform Click&Boat promptly by email at . The User agrees to update his/her contact information on the Site in case of any changes to his/her email address and/or mobile telephone number. 5.2. Publishing a Listing Any Owner may freely publish one or more Listings to offer a Boat for Co-sailing and/or Rental, subject to the provisions of Article 6.1.1. Click&Boat does not vouch for any User, Boat or Listing. The Listing must always have at least one photo of the Boat and specify: - the features and location of the Boat, - if the mooring in the home port is included in the Rental and/or Co-sailing. - Nautical qualifications required in the event of a Rental or if this requires the presence of a sailing professional - the Boat's availability dates - the daily Owner Price, based on availability dates, - the cost per hour or per day in case of delay in returning the Boat, - the cost of the security deposit which may be required for the Rental of the Boat, - any possible extra charges (bedding, cleaning), - the cancellation policy for the Rental or Co-sailing, as chosen by the Owner in accordance with the options set out in section 7.3. In the case of a Rental, the Owner Price is freely chosen by the Owner. It includes the Click&Boat Owner Commission. In the case of Co-sailing, the Owner agrees that the Owner Price is strictly limited to a share of the costs of owning, maintaining and using the Boat. The Owner is prohibited from gaining any profit from Co-sailing. The Owner acknowledges and agrees that the collection of any amount which exceeds the simple sharing of costs would be likely to result in reclassification of Co-sailing as a transport activity; Click&Boat accepts no responsibility for the consequences of such reclassification. The Professional Owner agrees that the Rental Price is, at most, equal to the widely available price for the public, within the framework of his/her professional activity. Click&Boat will publish the Renter Price on the Listing, itself published on the Site, corresponding to the total price in euros to be paid by the Renter including (i) the Owner Price, (ii) where necessary, any additional costs specifically mentioned in the Listing, and (iii) the Click&Boat Renter Commission. This price is inclusive of all taxes and excludes fuel charges, unless otherwise specified in the Listing. As part of the Rental, Users understand, acknowledge and agree that the Boat is the sole subject of the Rental contract, excluding the mooring booked by the Owner for the Boat in its home port. However, Renters do have the right, free of charge, to use this mooring for the duration of the Rental contract to keep the Boat there, if this possibility is explicitly stated in the Listing. 5.3. Boat Manager service The Owner can choose to subscribe to a Boat Manager service. Click&Boat offers to put Owners in contact with concierges for carrying out an inventory on arrival and on departure and for Boat release, signing the Rental contract and welcoming Renters on behalf of the Owners, at a fixed price. The cost of the Boat Manager service will be directly collected by Click&Boat on behalf of the concierge, from the Renter Price paid to the Owner, as set out in the terms of Article 8. Click&Boat is not party to Boat Manager agreements between the concierge and the Owner at any time. Click&Boat does not guarantee the reliability or availability of concierges at any time. The intervention of a concierge at the Owner's request does not exempt the Owner from his/her obligation to personally report any incident or accident with Click&Boat, as set out in the terms of Articles 5.7, 6 and 7. 5.4. Insurance The Owner agrees to only offer bookings for Boats which are covered by insurance for their Rental and/or Co-sailing activities, regardless of the User's nationality, the planned sailing area and/or the usual home port of the Boat. The Owner agrees to inform its annual boat insurance provider of his/her Rental or Co-sailing activities. Click&Boat offers insurance underwriting for daily trips with a Pleasure insurance policy, with coverage against all risks from its insurance partner. Owners who have opted for this service will then agree to accept and respect the terms and conditions of the insurance partner, available at the following links: https://www.clickandboat.com/docs/CG_AXA_France-FLOTTE-plaisance-11-2013.pdf https://www.clickandboat.com/docs/CP-AXA-Saison-2016-V_membres.pdf This service can be chosen by the Owner when publishing his/her Listing. The contract is then applied automatically to each booking for the Boat through the Site. Signing up for this contract implies the respect of these T&Cs by Users, including the signing of a Rental contract which includes an inventory of the Boat on arrival and on departure. The cost of this service will be directly collected by Click&Boat on behalf of its insurance partner, from the Renter Price paid to the Owner, as set out in the terms of Article 8. 5.5. Booking Offer from the Renter The Renter chooses a Boat on the Site, a date for Getting Started, an end date for the Rental or Co-sailing and, if required, one or more optional extras offered by the Owner in the Listing. This choice constitutes a Booking Offer for the Boat (the "Booking Offer"). When making a Booking Offer, the Renter enters his/her bank details and agrees to (i) pay the Renter Price in advance, by credit or debit card (see Article 8), and (ii) authorises Click&Boat to debit his/her bank account for the security deposit amount, in accordance with the terms of Article 5.7. The Owner then has from 1 to 72 hours to accept or reject this offer. After that time, the Booking Offer will lapse and the Renter will not be charged. The Owner may accept or refuse a Booking Offer, at his/her sole discretion. 5.6. Booking the Boat The amount paid for the Renter Price is retained in an escrow account until the Owner is actually paid or the Renter is refunded. After debiting the Renter Price amount from the bank account of the Renter and after the Renter grants an authorisation to debit the account for the security deposit, Click&Boat sends personal details and information about each User to the other. Users agree to use this information solely as part of the Rental or Co-sailing and not to directly contact the other User in the future to sign a Rental or Co-sailing contract. On the day of Getting Started, the Owner (or the Boat Manager, if applicable) and the Renter agree to carry out an inventory on arrival and to mutually sign a Rental or Co-sailing contract. On the last day of the Rental or Co-sailing, the Owner and the Renter agree to carry out an inventory on departure. In case of no show on the part of the Renter at the scheduled time for the return of the Boat, the Renter will have to pay the Owner an amount relating to the delay, as stated in the Listing. 5.7. Security deposit The Owner may demand a security deposit in return for Rental of the Boat. This deposit amount is stated in the Listing. The acceptance of a Booking Offer for a Rental including a security deposit automatically creates a unique confidential ID to indirectly identify the Renter and link him/her to the bank account from which the Renter Price will be debited and, if required, the security deposit. This ID constitutes a pre-authorisation for debiting an account. The Renter agrees to have sufficient funds in his/her bank account for a security deposit to be debited when the booking is made and to maintain sufficient funds in the aforementioned account until the closing of the damage report file by Click&Boat. The security deposit management tool is offered by Click&Boat to facilitate financial transactions between Users. The Owner agrees not to demand a security deposit cheque from the Renter. Click&Boat cannot be held liable at any time in case of insufficient funds in the Renter's bank account on the occasion of any possible debiting of the security deposit amount from the Renter's account, nor in the case of a disagreement between the Owner and the Renter regarding the payment of the security deposit. Users understand and accept that Click&Boat cannot be required to act as a mediator or arbitrator in any disputes whatsoever between Users. Within twenty-four (24) hours of the end of the Rental, the Owner may ask Click&Boat for payment of the security deposit if the Owner notes and describes in detail, within the inventory on departure of his/her Boat, any damage to his/her Boat which was not listed in the inventory on arrival. This request must be made by email and sent to , accompanied by the Rental contract, the inventories of the Boat on arrival and departure and pictures or videos of the damage or any other supporting documentation. Click&Boat agrees to pay the amount of the security deposit required by the Owner within a reasonable time after receipt of the email in which a claim is made. Any dispute between Owner and Renter, particularly as to the existence of and/or responsibility for damages and/or the amount for repairs and compensation must be submitted to the competent courts. 5.8 User evaluation Each User can evaluate another User with whom he/she has a Rental or Co-sailing contract, by writing a comment and/or by means of a rating system. Only Rentals and/or Co-sailing trips which actually take place qualify for the publication of an evaluation. The comment and the rating will be published on the public profile of the User concerned. Owners' Listings will be ranked according to the quality of comments and/or rating, the frequency of bookings and the timeliness of response on the part of Owners. Users cannot remove a written comment by another User themselves. However, they do have a right of reply to comments. Users can also report any comment which does not conform to these T&Cs to Click&Boat by sending an email to . Click&Boat reserves the right to remove any post which violates the rules in force (be it racist, discriminatory, contrary to good conduct and public order, etc.) at its sole discretion and to delete any User account in case of repeated inappropriate comments. 6. Obligations of the parties 6.1. User Obligations The User agrees: - to use the Site and the Service in accordance with these T&Cs and current legislation, - to provide true, lawful, objective information, whilst respecting the laws in force (regarding defamation, incitement to hatred, racism, etc.), - to act in good faith when using the Service and the Site, - have only one User account and not to open a User account for any person other than him/herself - to only use his/her User account for personal purposes, with all actions relating to the User account considered to have been carried out by him/herself, - to regularly update his/her information by logging into the User account - not to give his/her User account to a third person or to another User - to keep log-in details for the User account confidential - to be able to justify his/her certification and/or qualifications mentioned on his/her nautical CV at any time - to comply with administrative and health requirements in force (especially when sailing outside France), - to prepare and sign a Rental or Co-sailing contract including a full inventory on arrival, on the day of Getting Started - to sign an inventory of the Boat on departure, on the last day of the Rental or Co-sailing or on the date of return of the Boat in case of delay. The Renter may make any reservation in writing about the Rental or Co-sailing contract at the time of inventory. Each User must be responsible for creating a folder of information available on the Site, held separately from the Site, for his/her purposes regarding filing, accounting, etc. Click&Boat will, however, make the different versions of the T&Cs in existence since the creation of a User account available to each User on the site. 6.1.1. Obligations specific to the Owner The Owner agrees: - to be able to prove ownership of his/her Boat at any time, - to have his vessel registered CVC (Commercial Vessel certificate) and thereafter renewed each year as per the laws and regulations issued by Transport Malta - to have declared and/or registered his/her Boat, if required, with the competent authorities - to only offer bookings for Boats which are equipped and maintained, up-to-date with any technical testing, with safety equipment in keeping with its sailing category, up-to-date equipment and regular maintenance, - if required, in case of checks, to make the Special Audit Logbook available to the Renter and the authorities, - to have taken out and maintained valid insurance for the duration of the publication of the Listing (civil liability or comprehensive) in accordance with the terms of Article 5.4 and to be able present a valid certificate of insurance when requested by Click&Boat and/or the Renter, - to verify the identity of the Renter before signing the Rental contract, - to verify that the credit or debit card used for payment of the Rental and/or Co-sailing belongs to the Renter, - to verify that the Renter holds the certification and/or qualifications specified in his/her nautical CV which are required for sailing on the Boat, - to check that the name on the Rental or Co-sailing contract is the same as that found on the ID presented by the Renter and on the credit or debit card used for payment of the Rental or the Co-sailing and presented on the day of Getting Started - to inform the Renter in the Listing and/or the Rental or Co-sailing contract of any limitation of liability on the part of the insurer. The Owner accepts and agrees to comply with his/her obligations regarding social security and taxation, depending on his/her status. To this end Click&Boat will make electronic links to government sites available to Users from the User account to ensure compliance, if required, with these obligations. The Owner understands that Click&Boat is released from any obligation to provide advice and that he/she will not be able to hold Click&Boat liable as such. The Professional Owner must provide the Renter, upon request, with an invoice for the Owner Price. The Professional Owner also agrees not to divert and/or solicit Users of the Service and not to conclude Rental and/or Co-sailing agreements directly with them, outside of bookings made via the Site. 6.1.2. Obligations specific to the Renter The Renter agrees: - to retain the security deposit amount in his/her bank account, if required, from the Booking Offer until 24 hours after the end date of the Rental - to be the named holder of the credit or debit card used for the booking of the Boat - to check, before signing the Rental contract, the state of the Boat, the validity of any technical testing, the on-board presence of security equipment in keeping with the sailing category of the Boat and up-to-date equipment, - if required, to make note of the Special Audit Logbook, - to make Click&Boat aware, through his/her User account, less than 2 hours after the beginning of the Rental and/or Co-sailing of any dispute/disagreement related to the Listing and/or the Boat, in order to qualify for a blocking of payment, whilst the affected Users decide whether to cancel the booking, in accordance with the terms of Article, or whether to continue, - to settle any fine for which he/she is responsible during of the Rental, upon request by the Owner, - to hold the certification and/or qualifications required for sailing on the Boat, - to behave responsibly for the duration of the Rental or Co-sailing. The Renter accepts and agrees to comply with his/her obligations regarding social security and taxation, depending on his/her status. To this end Click&Boat will make electronic links to government sites available to Users from the User account to ensure compliance, if required, with these obligations. The Renter understands that Click&Boat is released from any obligation to provide advice and that he/she will not be able to hold Click&Boat liable as such. 6.2 Click&Boat's obligations Click&Boat agrees to do its utmost: - to ensure the smooth operation of the Site in accordance with Article 9 below, - to respond to Users' requests concerning the Service in a timely manner, - to pay the amount due to the Owner in accordance with the terms of Article 8 by means of a transfer to the Owner's bank account, - to pay the amount of the security deposit to the Owner in accordance with the terms of Article 5.7 by means of a transfer to the Owner's bank account, - to refund, if required, the Renter, in accordance with the terms of Article 7, - to allow Users to download from their User accounts invoices for Click&Boat Commission and a document summarising the gross amount charged for transactions made via the Service and and the Site during the previous year, corresponding to the Owner Price less the Click&Boat Owner Commission and, when applicable, the amount for the Boat Manager service and/or the purchase of insurance in accordance with the terms of Article 5.4. 7. Cancellation of booking Cancellations must be communicated by Users to Click&Boat by prior notification via the User account and in accordance with the cancellation procedure described on the Site. A cancellation becomes effective after Click&Boat sends a notifying email about the cancellation. 7.1. Due to a Force Majeure In case of circumstances constituting a force majeure according to the the meaning as defined in Article 11, any User may request (i) the postponement of the booking to a later date, or (ii) the cancellation of the booking, after justifying the circumstances in writing to Click&Boat within a maximum 12 hours after the date of Getting Started. If the duration of the affected Rental or Co-sailing is more than one day, Click&Boat not will refund the Renter Price, which the Renter accepts. Click&Boat will not be held liable in this regard. In the event of cancellation due to an extreme weather warning preventing all sea travel and if the booking's duration is less than or equal to one day, Click&Boat will refund the Renter Price, within fifteen (15) days and via bank transfer, to the Renter, less the Click&Boat commission which will be refunded as a credit note, valid for one year. Accordingly, the Owner will not receive the amount due to him/her (the Owner Price less the Click&Boat Owner Commission). 7.2. Instigated by the Owner The Owner cannot request the cancellation of the Rental and/or Co-sailing which he/she has accepted, except in case of force majeure. In case of serious personal circumstances, accepted by Click&Boat, leading to the Owner cancelling a booking, Click&Boat will endeavour to offer the Renter an equivalent Boat for the same period. In cases where no alternative solution can be found, Articles 7.2.1 and 7.2.2 apply. After two improper or unjustified cancellations, Click&Boat reserves the right to remove the Owner's User account in accordance with the terms of Article 13. The Click&Boat Commissions will still be invoiced to the Owner. The amount due for this would automatically and legally be debited by Click&Boat as part of the next transaction made by the Owner via the Site, using the Service. However, if the request for the cancellation of a booking by the Owner is caused by the Renter's inability to justify his/her certification or qualifications as mentioned in his/her nautical CV, this cancellation will be considered justified. The Renter will not be able to demand a refund of the amount of the Renter Price under any circumstances. The Owner will receive the Owner Price, less the Click&Boat Owner Commission. 7.2.1. Instigated by the Private Owner In cases where no alternative solution can be found or if the request for cancellation of the booking by the Owner is caused by the Renter's clearly inadequate level of sailing, discovered by the Owner on the day of Getting Started (excluding cases of inability to justify certification or qualifications by the Renter), this cancellation will also be considered justified. The Renter will receive a full refund by bank transfer of the Renter Price less the Click&Boat Renter Commission, within fifteen (15) days. The Private Owner will therefore not receive the Owner Price, less the Click&Boat Owner Commission. 7.2.2. Instigated by the Professional Owner In cases where no alternative solution can be found or if the request for cancellation of the booking by the Owner is caused by the Renter's clearly inadequate level of sailing, discovered by the Owner on the day of Getting Started (excluding cases of inability to justify certification or qualifications by the Renter), this cancellation will also be considered justified. The Renter understands and accepts that he/she will only be able to request a refund of the Renter Price (less the Click&Boat Renter Commission) directly from the Professional Owner, without ever holding Click&Boat liable in this regard. In this case, the Professional Owner agrees to refund the Renter Price to the Renter. 7.3. Instigated by the Renter The Renter may cancel the booking according to the cancellation policy chosen by the Owner and stated in the Listing from the options available at the following link: https://www.clickandboat.com/en/cancellation-policies Click&Boat agrees to refund the Renter Price to the Renter according to the applicable cancellation policy, less Click&Boat Commissions, within a maximum of fifteen (15) days. 7.3.1. If the Boat does not correspond to its Listing If the Boat does not correspond to the Listing and if the Listing was published by a Private Owner, the Renter will make Click&Boat aware before the Rental and will present evidence to prove this. The Renter must decide whether or not he/she wishes to cancel the Rental and/or the Co-sailing. In the event that the Renter decides to continue with the Rental and/or Co-sailing, he/she will not be able to request a refund of the Renter Price, for any reason whatsoever concerning this booking. In the event that the Renter decides to cancel the Rental and/or Co-sailing, Click&Boat agrees, as a gesture of goodwill and without this allowing the User to hold Click&Boat liable in any way, to refund the Renter Price to the Renter by bank transfer, within fifteen (15) days of cancellation. If the Listing has been published by a Professional Owner, the Renter understands and accepts that he/she will only be able to request a refund of the Renter Price (less the Click&Boat Renter Commission) directly from the Professional Owner, without ever holding Click&Boat liable in this regard. In this case, the Professional Owner agrees to refund the Renter Price to the Renter. 7.3.2. If a breakdown occurs during the Rental and/or Co-sailing If the Rental and/or Co-sailing contract was signed with a Private Owner and the Boat is the subject of a major fault (breakdown) during the Rental and/or Co-sailing, resulting in an inability to use the Boat for its principal purpose. In the case of this failure leading to an impossibility of using the boat for more than 23 (twenty-three) hours, the tenant will be able to interrupt the contract. The Renter must decide whether or not he/she wishes to cancel the Rental and/or Co-sailing. In the event that the Renter decides to continue with the Rental and/or Co-sailing, he/she will in no case be able to request a refund of the Renter Price, for any reason whatsoever concerning this booking. In the event that the Renter decides to cancel the Rental and/or the Co-sailing and that this cancellation occurs: - before the payment of the Owner Price (less the Click&Boat Owner Commission) to the latter, Click&Boat accept, as a gesture of goodwill, and without this allowing the User to hold Click&Boat liable in any way whatsoever, to fully refund the Renter Price to the Renter by bank transfer, in proportion to the duration of the cancelled part of the booking, within fifteen (15) days of cancellation, - after payment of the Owner Price (less the Click&Boat Owner Commission) to the latter, the Owner agrees to refund the Renter Price to the Renter by bank transfer, within fifteen (15) days of cancellation. If the Listing has been published by a Professional Owner, the Renter understands and accepts that he/she will only be able to request a refund of the Renter Price (less the Click&Boat Renter Commission) directly from the Professional Owner, without ever holding Click&Boat liable in this regard. In this case, the Professional Owner agrees to refund the Renter Price to the Renter. 8. Conditions of payment for the Rental or Co-sailing The payment for the Renter Price is made by the Renter for each booking, in advance, by credit or debit card on the Site via the Stripe payment solution, upon acceptance of the Booking Offer by the Owner. Exceptionally and subject to the express consent of Click&Boat, the User may pay by bank transfer. Payment of the Renter Price by the Renter is made in a single payment. Exceptionally, the Renter can pay in two instalments if: - the Listing is published by a Private Owner, - the amount of the Rental and/or Co-sailing is more than nine hundred fifty (950) euros, including taxes and charges, and - the Rental and/or Co-sailing will begin more than forty-five (45) days after booking. In this case, the Renter pays a deposit of an amount defined according to the cancellation policy of the Listing, chosen by the the Private Owner and then pays the balance thirty (30) days before the date of Getting Started. If, at the latest, the Renter does not pay the full Renter Price twenty-five (25) days before the date of Getting Started, the Rental and/or Co-sailing will be cancelled automatically and legally by Click&Boat. The Renter will not be refunded for the deposit amount already paid, whatever the cancellation policy of the Private Owner stated in the Listing. Click&Boat agrees to credit the Owner's bank acount with the Owner Price, less the amount of (i) Click&Boat Owner Commission and (ii) if applicable, payment for the Boat Manager Service, on the day of Getting Started, unless Click&Boat is notified of a complaint before 2pm on the day of Getting Started. In the case of a Listing being published by a Professional Owner, the Renter will pay the Renter Price in two instalments, as follows: - 50% when the Booking Offer is accepted by the Professional Owner - the remaining balance, 30 days before the date of Getting Started. If, at the latest, the Renter does not pay the full Renter Price twenty-five (25) days before the date of Getting Started, the Rental and/or Co-sailing will be cancelled automatically and legally by Click&Boat. The Renter will not be refunded for the deposit amount already paid, whatever the cancellation policy of the Professional Owner stated in the Listing. On receipt of payment by the Renter, Click&Boat will pay the Owner Price to the Professional Owner, having deducted from the first payment (i) the Click&Boat Owner Commission and (ii) if applicable, the payment for the Boat Manager Service. As a result, the Renter agrees that when booking with a Professional Owner, he/she will have to directly approach the Professional Owner if requesting a refund, for any reason whatsoever. Click&Boat will issue an invoice to the Renter for the amount due for the Click&Boat Renter Commission and to the Owner for the amount due for the Click&Boat Owner Commission, which will be downloadable directly from his/her User account. 9. Availability of the Service and the Site Click&Boat agrees to do its utmost to ensure that the Service and the Site are available 24 hours a day, 7 days a week, without interruption other than that which is required for the purposes of remedial or ongoing maintenance. The User is specifically reminded of the fact that the Site and the Service are, like any IT application, liable to malfunction, anomalies, errors and interruptions, particularly caused by connection problems. Accordingly, Click&Boat does not guarantee the User that the Site and the Service will be permanently available. The User will not be able to hold Click&Boat liable under any circumstances for any malfunctions, anomalies, errors or interruptions, even assuming that these could have caused any damage whatsoever. 10. Liability 10.1. Disclaimer Click&Boat reminds all parties that it is not party to Rental or Co-sailing contracts between Users, nor to Boat Manager contracts between Owners and Concierges. In case of an accident, the User may in no way hold Click&Boat liable. Click&Boat is not responsible for managing delays or for the possible management of disputes between Users. Click&Boat is also not responsible for the possible lack of funds from the Renter's bank account or for any disagreement between the Owner and the Renter concerning the payment of the security deposit to the Owner. Subject to the exclusions of liability set forth in these T&Cs, it is agreed that in any event and on whatever grounds, the liability which Click&Boat might incur for any reason whatsoever in connection with the Site or the Service will not, except in case of gross negligence or wilful misconduct, exceed the total amount charged by Click&Boat to the User during the Rental or Co-sailing for which Click&Boat is liable. Click&Boat will not be required to repair damage of an indirect nature in any case, even when Click&Boat has been advised of the possibility of such damages. The User acknowledges that the pricing conditions of the Service are based on these limitations and exclusions, without which Click&Boat would not have been contracted. 10.2. Disclaimers In addition to the provisions in these T&Cs, particularly those of Articles 5.1 and 9, Click&Boat's liability is excluded in the following cases: - improper or illegal use of the Site and/or the Service by the User, - unavailability of the Site and/or the Service in accordance with the aforementioned Article 9, - fraudulent access by a third party to the Site and/or Service, - non-compliance of the the Boat with its Listing, - non-compliance with administrative and health requirements by the User (particulrly when sailing outside of France). Moreover, Click&Boat cannot be held liable in cases relating to the User's compliance with social security and taxation obligations according to his/her status and/or any obligation of advice to Users as such. 10.3. Hyperlinks The Site may include links to other websites or other internet sources. Click&Boat does not control these sites and external sources. Therefore Click&Boat cannot be held responsible for the availability of such external Sites and sources and accepts no responsibility concerning the Content, advertising, products, Services and other available elements. Additionally, Click&Boat cannot be held responsible for any damage or losses, true or alleged, arising from or in connection with access to, use of or trust in the Content, goods or Services available on these external sites or sources. Click&Boat is responsible only for the hyperlinks it creates. Any difficulty relating to a link which it has not created must be referred to the administrator or webmaster of the Site in question. 11. Force majeure The parties agree that the following constitute a force majeure: - extreme weather warnings which prevent all sea travel, - legislative and regulatory changes, - natural disasters, fires, storms, floods, wars and acts of terrorism, strikes within a company, disease, electrical surges and shocks, failures in cooling systems and hardware, jamming and slowdowns of electronic communications networks and, more generally, any event which is unforeseeable by and beyond the control of Click&Boat and Users. 12. Confidentiality Click&Boat agrees to keep confidential any information provided during the creation of a User account. Click&Boat agrees not to use any data provided by the User for purposes other than that of the Service and, in particular, agrees not to sell the data to third parties for commercial purposes, except for such use required by law or any administrative or judicial authority. 13. Suspension/Termination The User acknowledges that Click&Boat has the right to suspend access to the Service and to terminate its contractual relationship with the User and to remove any User account simply by sending an email and without further formalities for any reason, including: - in case of improper or illegal use of the Service especially in case of issues regarding payment (including suspicions of money laundering), - in case of breach of the T&Cs, - in case of the cancellation of more than two bookings, excluding cases of force majeure, as explained in Article 7 - in case of particularly negative evaluations by other Users or non-compliance of the Boat with the Listing - in case of the shut-down of the Site and/or the Service by Click&Boat. The User agrees not to create a new User account subsequently. The User may terminate his/her User account at any time by sending an email to . However, he/she agrees to maintain and ensure ongoing or accepted bookings. 14. Personal data The processing of personal data is the subject of a standard declaration with the French authorities for personal data protection (CNIL) made on 27th March, 2014 under the number 1753933v0. The person in charge of data processing is Mr. Edouard Gorioux. In particular, the User agrees to the transfer of personal data for the successful delivery of the Service and for non-commercial purposes outside the European Union. In accordance with the Data Protection Act 78-17 of 6th January 1978 and its implementing regulations, the User has a right to access, modify, rectify and delete personal data concerning him/her, by contacting . Depending on the choices made during the creation of the User account, the User is liable to receive offers from Click&Boat. If the User no longer wishes to receive them, he/she may unsubscribe at any time by sending an email with this information to . Any use of personal data other than that which is indicated above will be subject to individual, prior and explicit consent on the part of Users. 15. Intellectual property "Click&Boat" intellectual property and the logo on the Site are trademarks and remain the sole property of Click&Boat. No license is granted to the User. Click&Boat has intellectual property rights relating to the Service and the Site, including software, ergonomics, layout, graphic elements, logo and design of the Site. The User is prohibited from infringing the intellectual property rights owned by Click&Boat in any way. Users are solely responsible for Content and guarantee Click&Boat against any claim relating to Content in terms of infringement of third party rights and current legislation and agree to indemnify Click&Boat for any harm that may be suffered by it and to pay for all damages and expenses (including for legal counsel) it may have incurred as a result. Each User grants free non-exclusive right to reproduce, show, modify, translate, adapt and sublicense Content for the duration of copyright and across the globe, on any digital, analogue or paper media, for commercial or non-commercial purposes. 16. Severability If one or more provisions of these Terms were to be declared invalid in the application of a law, regulation or following a final decision of a competent court, the other stipulations shall remain in force to their full extent, within the limits permitted by the aforementioned decision. Furthermore, failure by a party to take action in respect of the breach by the other Party of any of the provisions of these T&Cs shall not be construed as a refusal on his/her part to take action in the future for such a breach. 17. Cookies When accessing the Site, a cookie (or "local storage" or "cookies") may be installed automatically and stored temporarily in the memory or on the hard drive of the User's device, to facilitate browsing on the Site. Cookies are used to record information relating to the use of the Site (such as pages visited, date and time of access, etc.). Users have the right to prevent the recording of cookies by changing their browser settings. However, this process will delete all cookies used by the browser, including those used by other websites, which can lead to the alteration or loss of certain settings and information. Deleting cookies may alter or or even make browsing difficult for the User on the Site. For more advice, find information on changing these options according to the browser used, available in the "Your tracks" section of the CNIL website: www.cnil.fr. 18. Publication - hosting Name of the Director of Publication: Mr Edouard Gorioux. Name of the host: Amazon Web Services, Inc. P.O. Box 81226 Seattle, WA 98108-1226 http://aws.amazon.com 19. Applicable law These T&Cs are governed exclusively by French law.

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