Condições Gerais de Uso

Terms and Conditions of Use of the “Click&Boat” Service Last updated: October 15, 2025 This translation is provided for informational purposes only to facilitate user understanding. In the event of any discrepancies or differing interpretations, the original French version shall prevail as the sole legally binding reference and take precedence over all translated versions. Table of Contents 1. Definitions 2. Acceptance of the Terms of Use 3. Purpose of the Service 3.1. Listing published by a Private Owner 3.2. Listing published by a Professional Owner 4. Access to the Service 4.1. Legal capacity 4.2. Access – Conditions for using a User account 5. Use of the Service 5.1. Creating a User account 5.2. Publishing a Listing 5.3. Insurance 5.3.1. Owner 5.3.2. Renter 5.4. Booking request by the Renter 5.5. Booking of the Boat 5.6. Security deposit 5.7. User reviews 5.8. Verified boat 6. Obligations of the Parties 6.1. Obligations of the User 6.1.1. Specific obligations of the Owner 6.1.2. Specific obligations of the Renter 6.2. Obligations of Click&Boat 7. Booking Cancellation 7.1. Due to Force Majeure 7.2. Due to the Owner 7.2.1. Due to a Private Owner 7.2.2. Due to a Professional Owner 7.3. Due to the Renter 7.3.1. If the Boat does not match the Listing 7.3.2. If a breakdown occurs during the Rental and/or Co-navigation 7.4. Due to Click&Boat 8. Payment Terms for Rental or Co-Navigation 9. Service and Website Availability 10. Liability 10.1. Limitation of liability 10.2. Liability exclusions 10.3. Hyperlinks 11. Force Majeure 12. Confidentiality 13. Suspension / Termination 14. Personal Data 15. Right to object to marketing solicitations 16. Intellectual Property and Copyright 16.1. Click&Boat’s Intellectual Property and Copyright 16.2. Users’ and third parties’ Intellectual Property and Copyright 17. Severability of Clauses 18. Cookies – When accessing the Website 19. Disputes between Users 20. Mediation 21. Jurisdiction Clause – Governing Law & Language 1. Definitions In these general terms and conditions, the terms below have the following meanings whenever capitalised, whether used in the singular or plural: • "Charterer": means the person who is granted use of the vessel by the Owner or Shipowner, legally known as the lessee. • "Charter": refers to the charter agreement by which the lessor agrees, in return for payment, to make a vessel available to a Charterer. It may be bareboat, time-based, or voyage-based, and is only concluded with a professional in the nautical industry. • "Listing": refers to a Rental or Co-Navigation offer published by an Owner on the Platform. • "Weather Cancellation": Refers to the cancellation of a booking for one day or less due to a special weather report. • "Shipowner": refers to the person who operates the vessel or maritime drone in their own name, whether or not they are the owner. The Owner(s) are presumed to be the Shipowner(s), as well as any operator to whom the Owner delegates the responsibility of operating the vessel, regardless of whether other employers or entities perform certain tasks on their behalf. • "Captain": refers to the skipper or any other person who exercises command over the vessel. • "Boat-Manager": an intermediation concierge service for Owners covering Inventories of the Boat before and after use, the conclusion of Rental agreements and the reception of Renters on the Owners' behalf. • "Chief of Onboard Operations": a crew member responsible for operating the vessel, maintaining the logbook (when required), ensuring compliance with regulations, and guaranteeing the safety of all passengers. Every maritime expedition—whether private or professional—must have a clearly designated Chief of Onboard Operations, identified for all parties involved, including Click&Boat and the crew. The Owner, if present, is considered the Chief of Onboard Operations; otherwise, the Renter assumes full responsibility for the vessel during the operation. • "GTCU": these general terms and conditions of use. • "Click&Boat": refers to Clickandboat, a simplified joint-stock company with capital of €6,143, headquartered at Péniche West River, 10 quai du 4 septembre, 92100 Boulogne-Billancourt, France, registered with the Paris Trade and Companies Register under number 801 157 256 and with ORIAS under number 15 005 093 as an insurance intermediary agent. • "Co-Navigation: refers to a boating activity carried out in a spirit of conviviality and solidarity, with shared costs for ownership, maintenance, and use of the Vessel among all individuals on board, including the Owner/skipper. This concept, specific to the French legal and cultural context, is based on a non-commercial arrangement where participants jointly cover actual operating costs. The cost-sharing contribution, determined solely by the Owner, must be strictly limited to a proportionate share of these expenses. The Owner is strictly prohibited from making any profit from Co-Navigation. The Owner acknowledges and accepts that receiving any amount exceeding the simple cost-sharing could result in the reclassification of Co-Navigation as a transport service or a commercial activity, which would be considered illegal and could expose the Owner to risks related to insurance, safety, labor law, and potential criminal liability. Click&Boat disclaims all responsibility for any consequences arising from such a reclassification. • "Click&Boat Commission": a commission percentage included in the Owner Price and owed by the Owner in exchange for the service. This amount may vary depending on the contractual agreements between Click&Boat and the Owner. • "Click&Boat Service Fee": refers to platform operating costs that allow us to provide services such as customer assistance during your trip. VAT is included. • "Content": refers to any text, graphic, image, video, information, or other element that Users post, upload, publish, submit, transmit, or include in their Listing or User account to make available on the Site. • "Boat": refers to any watercraft offered for Rental on the Site (including but not limited to sailboats, motorboats, houseboats, catamarans, jet skis, etc.). • "Renter": efers to any individual or legal entity booking a Vessel for Rental or Co-Navigation purposes. • "Rental": the rental of a Boat by an Owner to a Renter, either moored or at sea. • "Additional Options": optional services that may be purchased by the Renter in addition to the Owner Price (e.g. bedding fees, cleaning services...). • "Handover": refers to the moment the Renter takes possession of the Vessel or boards it on the first day of the Rental and/or Co-Navigation. Cleaning time, fuel refilling, and both check-in and check-out inspections are considered an integral part of the rental period as defined in the contract. • "Check-in Inventory": the document describing the condition of the Boat at the time of Handover, to be completed between the Renter and the Owner (or their representative). It should be as thorough as possible, including photos and comments, and signed by both parties prior to departure, using either the Owner’s contract or the Click&Boat App. • "Check-out Inventory": the document describing the condition of the Boat at the end of the Rental, including a damage report in the event of an incident. It should be as detailed as possible. • "Seafarers": individuals, whether employed or not, involved in work directly related to the operation of the vessel. • "Passenger Vessel": vessels or passenger craft, regardless of flag, used for national or international voyages. These include vessels over 24 meters in length or high-speed craft. Pleasure yachts carrying fewer than 12 passengers and used non-commercially are excluded from this category. • "Personal Use Vessel": any pleasure craft used privately by the Owner, a non-profit organization, a renter with full control, or a borrower for leisure or sport purposes. These may not be used for commercial activities, except for the display of sponsorship messages. • "Commercial Use Vessel": any pleasure craft used for paid passenger services under the responsibility of the Shipowner or their representative (the Captain), conducting tourism or sports navigation (excluding scheduled transport services). The maximum number of passengers is 12 for powered vessels and 30 for sailing vessels, unless it is a historical sailing ship built before 1965 or its replica, where the limit is 120 passengers. • "Training Vessel": any pleasure craft used as part of the activities of a physical or sports establishment as defined in Article L. 322-2 of the French Sports Code, used mainly for training in aquatic, nautical, or underwater activities, excluding transport or tourism unrelated to training. • "Flag": denotes the nationality of the vessel and determines the application of the corresponding national law/regulations (including tax and crew regulations) to the vessel, those on board, actions taken onboard, and the Captain's authority. Flying a flag does not exempt a vessel from the laws of the territorial waters where navigation occurs. • "Renter Price": the price displayed in the Listing, excluding Additional Options. Unless otherwise specified, the Renter Price does not include mooring fees or fuel costs. • "Owner Price": the price freely set by the Owner when posting the Listing, including the Click&Boat Commission. • "Owner": any individual or legal entity, professional or private, able to prove full ownership of a Boat at Click&Boat's and/or a Renter’s request. Also refers to a representative acting on behalf of an Owner, provided the representative can justify the existence and scope of their mandate. • "Professional Owner": any Owner using the Service professionally, with activities declared in accordance with regulations in their locality, region, or country, and whose vessel has the necessary authorizations (e.g., a NUC declaration for French-flagged vessels). • "Private Owner": any Owner using the Service on a non-professional and/or non-commercial basis, in accordance with regulations in their locality, region, or country. • "Service": refers to both (i) the connection service between Owners and Renters to facilitate Co-Sailing or Boat Rental, whether moored or at sea, and (ii) the reservation and payment management tool between Users. • "Site": refers to the website www.clickandboat.com and the mobile application “Click&Boat”. • "Skipper": a nautical professional holding the required qualifications, operating within the framework of commercial services. • "User": Refers to any Renter or Owner using the Service via the Website. 2. Acceptance of the GTCU The use of the Service and the Site is subject to these General Terms and Conditions of Use (GTCU). The GTCU constitute a contract governing the relationship between the User and Click&Boat. They cancel and replace any previous provisions and constitute the entire set of rights and obligations of Click&Boat and the User regarding their subject matter.
The Parties agree that in the event of any contradiction between the information available on the Site and the GTCU, the latter shall prevail. Full and unconditional acceptance by the User of the GTCU is deemed given as soon as the User checks the box “I accept the general terms and conditions” during the creation of their User account or the subscription to an offer.
If this box is not checked, the creation of the User account and use of the Service shall be considered null and void, which the User acknowledges. Click&Boat reserves the right to modify the GTCU at any time. Modifications shall take effect upon their publication on the Site. Continued use of the Site constitutes tacit acceptance by the Users of the latest updated version of the GTCU. 3. Purpose of the Service The Service is a platform for connecting Owners and Renters to facilitate Co-Sailing or Boat Rentals, as well as the management of payments between Users.
Each User understands and agrees that Click&Boat is and remains a third party to any contract entered into between an Owner and a Renter. As such, Click&Boat cannot be held liable for fulfilling the obligations of a User in their place and disclaims all liability for any User’s failure to fulfill contractual obligations.
In the context of a connection between Renters and Professional Owners, the rental contract issued by the Professional Owner shall prevail over the standard rental contract provided by Click&Boat. Each User agrees to comply with the terms and conditions set forth in said contract issued by the Professional Owner. 3.1. Listing Published by a Private Owner When the Boat is offered by a Private Owner, consumer protection laws — including the right of withdrawal — do not apply to the contractual relationship between the Renter and the Private Owner. The Renter is invited to consult the cancellation policy defined by the Private Owner, which may, in some cases, provide for a refund under certain conditions. The contractual relationship between the Renter and the Private Owner is governed by the provisions of the French Civil Code regarding contracts (Articles 1100 et seq.: https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006070721/LEGISCTA000032006712/#LEGISCTA000032006712) and contractual (Articles 1231 et seq.: https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006070721/LEGISCTA000032009929/#LEGISCTA000032009929) or non-contractual liability (Articles 1240 et seq.: https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006070721/LEGISCTA000032021486/#LEGISCTA000032021486). 3.2. Listing Published by a Professional Owner When the Boat is offered by a Professional Owner, the right of withdrawal provided under Article L221-18 of the French Consumer Code does not apply to the contract concluded between the Renter and the Professional Owner, insofar as this contract concerns a leisure activity to be provided on a specific date or within a specified period (exception provided under Article L221-28, paragraph 12 of the French Consumer Code). The Renter is invited to consult the cancellation policy defined by the Professional Owner, which may, in some cases, provide for a refund under certain conditions. The contractual relationship between the Renter and the Professional Owner is governed by the Professional Owner’s rental agreement, in accordance with the provisions of the French Consumer Code. 4. Access to the Service Users of the Click&Boat platform agree to provide accurate information. Click&Boat declines all responsibility for confirming the identity and/or accuracy of information communicated by Users.
To ensure transparency and fraud prevention, and subject to applicable laws, Click&Boat may request that Users provide official identification or other information, or undergo additional checks to verify their identity and background, including consultation of third-party databases. Any refusal, delay, or failure to provide the requested documentation will result in the immediate suspension of the related User account. If deemed necessary, Click&Boat also reserves the right to permanently delete said account without the User being entitled to any refund or compensation. 4.1. Legal Capacity The Service is reserved for individuals of legal age, emancipated minors, and legal entities with full legal capacity and able to fully comply with these GTCU. 4.2. Access To use their User account, each User must have a valid email address and mobile phone number for the entire duration of their 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 indicated on the Site and/or received by email.
Users will be asked to complete their nautical CV. The User is solely responsible for the accuracy and consequences of the information provided concerning their nautical skills, which must be truthful and realistic. If the User is a nautical professional, the information must be fully supported by valid certificates, diplomas, or administrative authorizations. In addition to identification and contact information (name, address, phone number, email address), the creation of a Professional Owner account is subject to the submission of additional information, when applicable: an official business identification document, proof of identity of the company’s legal representative, the professional’s bank account details (IBAN), and a self-certification by which the professional undertakes to provide only products or services that comply with applicable European Union regulations. The User is solely responsible for maintaining the confidentiality of their access credentials for their email account and User account. Click&Boat declines all responsibility in the event of use of the Service by someone other than the User or a person authorized by them with access to their login credentials.
In the event of forgotten credentials or misuse by a third party, the User agrees to notify Click&Boat promptly via the contact form in the help center. The User also agrees to update their email and/or mobile phone number on the Site in case of changes. 5.2. Publishing a Listing Any Owner may publish one or more Listings free of charge to offer a Boat for Co-Sailing and/or Rental, subject to the provisions of Article 6.1.1.
Owners agree to publish Listings that reflect the true nature of the services offered (including Price, Boat condition, etc.).
By checking the “I accept the general terms and conditions” box when creating their User account or publishing a Listing, the Owner understands and agrees that their Listing may also be published on the websites and applications of one or more companies within the Click&Boat group, including www.clickandboat.com, www.nautal.com, www.ocean-evasion.com, www.scansail.de, and related domains.
Each Owner is solely responsible for the content of Listings posted on the Site and for the accuracy and truthfulness of the information provided.
Professional Owners are reminded of their obligation to comply with consumer law, especially by refraining from misleading commercial practices, punishable by up to 2 years of imprisonment and a €300,000 fine (Article L132-2 of the French Consumer Code).
 Any Professional Owner who registers on the Site as a Private Owner while conducting rental activities for professional purposes, or who provides misleading information in a Listing that does not reflect the actual services offered, is engaging in a deceptive commercial practice punishable by a fine of up to three hundred thousand (300,000) euros and two (2) years of imprisonment, or a fine proportional to the business’s turnover, pursuant to Article L.132-2 of the French Consumer Code. Click&Boat only provides a matching service and therefore cannot be held liable for any misleading or incorrect Listing.
Click&Boat does not guarantee any User, Boat, or Listing.
Each Listing must include at least one photo of the Boat and state the following: • The characteristics and location of the Boat, • Whether the mooring spot at the home port is included in the Rental and/or Sailing, • The required nautical qualifications for use, if a Rental, or whether a professional must be present, • Availability dates of the Boat, • The Owner Price per day based on the selected dates, • Late return charges per hour or day, • The security deposit amount required (if applicable), • Any additional charges (e.g., bedding, cleaning), • The cancellation policy for the Rental or Co-Navigation is selected by the Owner based on the options outlined in Article 7.3. In the case of a Rental, the Owner’s Price is freely determined by the Owner and includes the Click&Boat Commission. In the case of Co-Navigation in France, the Owner agrees that the Owner’s Price shall be strictly limited to a proportional share of the costs related to the ownership, maintenance, and use of the Vessel, divided among all persons on board, including the Owner themselves. The Owner is strictly prohibited from generating any profit from Co-Navigation. The Owner acknowledges and agrees that receiving any amount exceeding this cost-sharing could result in the reclassification of the Co-Navigation as a transportation service or a commercial activity. Click&Boat declines all responsibility for the consequences of such reclassification. This concept of Co-Navigation and cost-sharing without profit is specific to the French legal context. Equivalent non-commercial practices may differ in other jurisdictions. Professional Owners undertake to ensure that their Owner’s Price does not exceed the public price displayed on any other platform, publication, or on their own website. Click&Boat will display in the Listing the Renter’s Price, corresponding to the total amount in euros to be paid by the Renter, including (i) the Owner’s Price, and (ii) any additional charges expressly listed in the Listing. This price is inclusive of all applicable taxes but excludes fuel costs, unless otherwise stated in the Listing. As part of the Rental, Users understand, acknowledge, and accept that the contract concerns only the Vessel itself, excluding any mooring space reserved by the Owner at the home port. However, Renters may use the mooring space free of charge for the duration of the Rental if this is explicitly specified in the Listing. 5.3. Insurance 5.3.1 Owner The Owner undertakes to offer for booking only Vessels that are properly insured for their Rental and/or Co-Navigation activities, regardless of the User’s nationality, the planned navigation area, and/or the Vessel's usual home port. Accordingly, the Owner agrees to inform their annual pleasure boat insurance provider of their Rental or Co-Navigation activity. Click&Boat offers the possibility to subscribe to daily all-risk boating insurance coverage through its insurance partner. Owners who subscribe to this insurance policy agree to fully comply with the insurer’s general terms and conditions, available at the following links: • AXA France - FLOTTE plaisance - 11-2013 • CP-AXA Saison 2016-V members • Allianz General Conditions - 2019 • Allianz Insurance Certificate - 2016 • Allianz Special Conditions - 2019 Subscription to this insurance is done by the Owner at the time of publishing their Listing. Once subscribed, the coverage automatically applies to each reservation of the Vessel made via the Platform. Subscribing to this insurance policy requires compliance with these Terms of Use by all Users, including the obligation to sign a Rental Agreement with both check-in and check-out inventories of the Vessel. The amount due for this insurance policy will be automatically deducted by Click&Boat, on behalf of the insurance partner, from the Owner’s payout according to the terms set out in Article 8. 5.3.2 Renter Click&Boat offers the Renter, at the time of booking, the option to subscribe to a personal supplemental insurance through its insurance partner Assur-travel.
The Renter acknowledges and accepts all guarantees of the contract upon checking the box “I accept the terms and conditions of use, cancellation conditions, and insurance terms” at the time of subscription. The general and specific conditions are available via these links: https://static1.clickandboat.com/v1/o/docs/insurances/assur-travel/Assistance%20Notice%20en.pdf https://static1.clickandboat.com/v1/o/docs/insurances/assur-travel/Multirisque%20Notice%20en.pdf 5.4. Renter’s Booking Offer The Renter selects on the Platform a Vessel, a start date (Handover) and end date for the Rental or Co-Navigation, along with any additional options (excluding the skipper), as listed in the relevant Listing by the Owner. This selection constitutes a Booking Request for the Vessel. By submitting a Booking Request, the Renter agrees to (i) pay the full Renter’s Price in advance by credit card (see Article 8), and (ii) authorize Click&Boat to initiate a hold or charge on their bank account for the security deposit under the conditions defined in Article 5.7. The Owner then has between 1 and 72 hours to accept or decline the Booking Request. If no response is given within this period, the Booking Request automatically expires and no payment is processed from the Renter’s account. The Owner may accept or reject a Booking Request entirely at their own discretion. 5.5. Boat Booking The Renter’s Price is held in escrow until it is either transferred to the Owner or refunded to the Renter. Once the Renter’s Price has been debited from their bank account, and the Renter has authorized the security deposit hold, Click&Boat will share with each User the personal contact details of the other. These details may only be used within the framework of the Rental or Co-Navigation, and Users agree not to contact each other directly in the future to arrange a Rental or Co-Navigation outside the Platform. On the day of the Handover, the Owner and the Renter commit to performing a joint check-in inspection and to signing a Rental or Co-Navigation Agreement. On the last day of the Rental or Co-Navigation, the Owner and the Renter agree to conduct a joint check-out inspection. If the Renter fails to return the Vessel at the agreed time, they shall pay the Owner the applicable late return fee as specified in the Listing. 5.6. Security Deposit The Owner may require a security deposit for the Boat Rental. The deposit amount is specified in the Listing. Acceptance of a Rental Offer that includes a deposit results in the automatic creation of a unique confidential ID linking the Renter to their bank account, from which the Renter Price and deposit may be charged. This ID serves as a pre-authorization. The contract specifies whether the deposit is managed by Click&Boat or the Professional Owner. Click&Boat will not manage deposits or damage claims for Rentals where the deposit is managed by the Professional Owner or where the deposit amount is unspecified or set to zero. The Renter agrees to have sufficient funds in their bank account for the deposit at the time of booking and to maintain it until any damage claim is resolved. Click&Boat provides a deposit management tool to facilitate financial exchanges between Users. Owners using this service agree not to demand a separate deposit from the Renter. In rentals involving a Professional Owner, the Owner may request the deposit via check, card imprint, or card charge. Click&Boat is not liable for insufficient funds or disputes over the deposit's applicability. It is not a mediator or arbitrator in such cases. Within 24 hours after the Rental ends, the Owner may request a damage claim via the Site if damages not listed in the check-in inventory are found. This timeframe may be extended for hidden damages, provided evidence is submitted. Claims must include: • Signed Rental contract • Check-in and check-out inventories • Dated photos or videos of damage • Any other proof If the check-out is unsigned by the Renter, Click&Boat may, after review, still open a claim and withhold the deposit. The Owner must provide all required documents and seek a reasonable repair quote. Click&Boat may request two quotes. Payment of the deposit (or part of it) will be made to the Owner only upon receipt of the final invoice or a pro forma invoice, unless both parties agree otherwise. Bank fees for deposit handling are deducted from the Owner’s share. Click&Boat commits to processing damage claims promptly upon receipt. Any dispute between Owner and Renter about the damage or repair costs must be resolved through the appropriate legal authorities. Renters may, under certain conditions, subscribe to Click&Boat’s deposit refund option, subject to its specific terms and exclusions. 5.7. User Reviews Users may review another User with whom they have completed a Rental or Co-Sailing by writing a comment and/or giving a rating. Reviews are published and managed in accordance with our review management policy, available via this link https://www.clickandboat.com/en/review_management_policy? gclid=CjwKCAiAp4O8BhAkEiwAqv2UqKPQdDIRO2dBgOtrewWmPmuY79xJ Xkaby3CMki6okD4A0sTZr8s7eRoC1IIQAvD_BwE&_gl=1*j8jaxs*_up*MQ..*_gs*MQ.... 5.8 Verified boat Certain boats displayed on the Click&Boat platform may feature a “Verified boat” label. This designation highlights boats that have demonstrated consistent reliability and positive customer feedback. A boat may receive the “Verified boat” label if it meets the following criteria: • has received at least 5 bookings, • has obtained at least 3 reviews from users, and • maintains an average rating of 4.4/5 or higher This label is provided solely as an informational indicator of past user experience and platform activity. It does not imply any verification by Click&Boat of the boat’s technical condition, safety, regulatory compliance, or future performance, nor does it constitute a certification, warranty, or endorsement by Click&Boat. Click&Boat shall not be held liable for any issue, dispute, or incident arising from the rental of a boat, whether or not it bears the “Verified boat” label. 6. Obligations of the Parties 6.1. User Obligations The User agrees to: • Use the Site and Service in accordance with these GTCU and applicable laws; • Provide truthful, lawful, objective information in compliance with current laws (no insults, hate speech, racism, etc.); • Act in good faith when using the Site and Service; • Maintain only one User account and not create accounts for other people; • Use their User account solely for personal purposes—any activity on the account is considered to have been performed by the User themselves; • Regularly update their information by logging into their User account; • Not transfer their account to another person or User; • Keep their login credentials confidential; • Be able to justify at any time to other Users the diplomas and/or qualifications claimed in their nautical CV, especially nautical licenses or professional permits if applicable; • Comply with applicable administrative and health formalities (especially for navigation outside France); • On the day of the Handover, the parties must draft and sign a Rental or Co-Navigation Agreement including a joint check-in inventory, • On the end date of the Rental or Co-Navigation, or upon the return of the Vessel in the event of a delay, the parties must sign a joint check-out inventory. The Renter may record any remarks in writing on the Rental or Co-Navigation Agreement at the time of the inspection. Each User is responsible for independently saving any information available on the Platform that they may require for recordkeeping, accounting, or legal purposes. Click&Boat will, however, make all versions of the Terms of Use available through the User’s account history. 6.1.1. Owner's Specific Obligations The Owner agrees to: • Be able to prove their ownership of the Boat at any time; • If required, have regularly declared and/or registered the Boat with the appropriate authorities; • Only offer for booking Boats that are equipped, maintained, and up to date with technical inspections and safety equipment according to navigation category (as per Division 240–241 or other applicable legislation); • Keep, if necessary, a Special Inspection Log and an updated logbook available for the Renter and relevant authorities during inspections; • Have valid insurance (liability or comprehensive) for the entire duration their Listing is online, and provide a valid insurance certificate upon first request by Click&Boat and/or the Renter; • Verify the identity of the Renter prior to signing the Rental or Co-Navigation Agreement, and ensure that the name listed in the Agreement matches the name shown on the Renter’s ID and the payment card used for the Rental or Co-Navigation, which must be presented on the day of the Handover. • Check that the credit card used for payment belongs to the Renter at the time of check-in; • Ensure that the name on the Rental/Co-Sailing contract matches the ID and credit card used by the Renter; • Verify that the Renter holds the required licenses/permits or qualifications for the Boat, its navigation zone, and the planned voyage—including those of the designated skipper if different from the Renter; • Define the navigation zone with the Renter/skipper, review the marine weather forecast if possible, and share all key navigation information for the area to ensure a safe voyage; • Inform the Renter, in the Listing and/or in the Rental or Co-Navigation Agreement, of any liability limitations imposed by the Owner’s insurance provider. • Provide Click&Boat with the signed Rental contract and any documents required for managing chargebacks initiated by the Renter's bank. If the Owner cannot provide these documents, they may be required to reimburse the rental amount. The Owner also agrees to comply with their tax and social obligations based on their status.
To assist with this, Click&Boat provides links to government websites: • https://www.impots.gouv.fr/portail/node/10841 • https://www.impots.gouv.fr/portail/contacts • https://www.service-public.fr/ The Owner acknowledges that Click&Boat is under no advisory obligation and cannot be held liable in this regard.
The Owner must issue an invoice to the Renter upon request for the Owner Price.
Professional Owners also agree not to bypass the Site to solicit Users or enter into Rental or Co-Sailing contracts directly outside of Click&Boat. 6.1.2. Renter's Specific Obligations The Renter agrees to: • Maintain sufficient funds in their bank account for the security deposit from the moment the Booking Offer is submitted until 24 hours after the Rental ends; • Be the legal owner of the credit card used for the booking; • Before signing the contract, inspect the Boat for technical compliance, ensure safety equipment and navigation gear are current and request the list of equipment and maintenance log if in doubt; • Review the Special Inspection Log if applicable; • Report any issues or disputes related to the Listing or Boat within 2 hours of check-in through their User account, in order to initiate a payment block and potential cancellation (see Article 7); • Pay any fines received during the Rental upon the Owner’s request; • Hold all required licenses or nautical qualifications appropriate for the Boat, the navigation zone, the voyage, and the navigation plan; • Show up on time for the handover, sign the contract and check-in report, and take possession of the Boat; • Only bring onboard a number of passengers not exceeding the boat’s safety certification (including the skipper); • Use the Boat as a “prudent and responsible seafarer,” strictly for leisure navigation under applicable maritime and customs laws, excluding commercial activity, fishing, transport, towing, etc.; • Be of legal age and hold valid insurance covering the Rental or voyage, or else be informed of the option to purchase supplemental insurance as per Article 5.3.2; • Not be medically unfit for navigation or bring any passengers with medical contraindications onboard. If a passenger with a disability is present, the Renter must inform the Owner and ensure the Boat is suitable; • Return the Boat in its original condition, with all equipment, clean, and within the agreed timeframe; • Report all incidents, technical issues, groundings, breakages, etc., and document them in the check-out inventory; • Return the Boat with the same fuel level unless otherwise agreed with the Owner during check-in; • Return the Boat to the departure port unless a written agreement is made with the Owner. The Renter also agrees to comply with tax and social obligations based on their status.
Click&Boat provides access to government resources through the User account.
The Renter acknowledges that Click&Boat does not provide legal or tax advice and cannot be held liable in this regard. 6.2. Obligations of Click&Boat Click&Boat commits to using its best efforts to: • Maintain the proper functioning of the Site as outlined in Article 9; • Respond to User inquiries regarding the Service as promptly as possible; • Pay the Owner in accordance with Article 8, via bank transfer; • Pay the security deposit to the Owner in accordance with Article 5.7, via bank transfer; • Refund the Renter where applicable under the terms of Article 7; • Allow Users to download invoices related to Click&Boat commissions and a yearly financial summary showing gross transaction amounts via the Service and Site (Owner Price minus Click&Boat Commission and any insurance fees under Article 5.4). 7. Booking Cancellation Any cancellation must be notified in advance in writing to Click&Boat by Users via their User account and the cancellation procedure described on the Site. A cancellation becomes effective only after Click&Boat sends an email confirming the cancellation. 7.1. Due to Force Majeure In the event of circumstances constituting force majeure as defined in Article 11, or in case of severely adverse weather conditions preventing safe navigation for the crew and/or the boat, any User may request:
(i) to reschedule the booking to a later date,
(ii) or to cancel the booking,
after providing written evidence of the circumstances to Click&Boat within 12 hours of the scheduled check-in time. If the rental period exceeds one day, Click&Boat will not refund the Renter's Price, which the Renter accepts.
Click&Boat cannot be held liable in this regard. In the case of cancellation due to an official special weather warning preventing any sea outing, and if the booking was for one day or less, Click&Boat will refund the Renter within 15 days, via bank transfer, minus the Click&Boat commission, which will instead be reimbursed as a credit valid for 90 days. The Owner will not receive the Owner Price (after Click&Boat commission). If the booking was made with a Professional Owner, Click&Boat’s cancellation policy for Metereological reasons does not apply. Instead, the Professional Owner’s own commercial terms take precedence. The Professional Owner may offer the Renter a refund or reschedule per those terms.
In the event of a refund, the Professional Owner will refund the Renter’s Price, while Click&Boat will refund its commission as a credit valid for 90 days. 7.2. Cancellation by the Owner The Owner cannot cancel a confirmed booking, except in cases of force majeure.
If, for serious personal reasons accepted by Click&Boat, the Owner cancels a booking, Click&Boat will attempt to find an equivalent replacement boat for the Renter for the same period. If no alternative solution is found, Articles 7.2.1 and 7.2.2 apply. If the Owner performs two or more unjustified or abusive cancellations, Click&Boat reserves the right to delete their User account (see Article 13).
Click&Boat’s commission will still be charged to the Owner and automatically deducted from their next transaction on the platform. However, if the cancellation is due to the Renter’s inability to prove their nautical qualifications as stated in their nautical CV, the cancellation is considered justified.
The Renter will not be entitled to a refund, and the Owner will still receive the Owner Price (minus Click&Boat commission). 7.2.1. Cancellation by a Private Owner If no replacement boat can be found, or if the Owner cancels due to the Renter's clearly insufficient sailing ability, observed on the day of check-in (but not due to lack of documentation), the cancellation is also considered justified. The Renter will receive a full refund of their Price, minus Click&Boat commission, within 15 days by bank transfer. The Private Owner will not receive the Owner Price (even minus the commission). 7.2.2. Cancellation by a Professional Owner In similar cases where no replacement is possible, or the Professional Owner cancels due to the Renter’s insufficient sailing level, observed on the day of check-in (not due to missing documents), the cancellation is considered justified. The Renter accepts that they may only seek a refund directly from the Professional Owner, and may not hold Click&Boat liable. The Professional Owner agrees to refund the Renter the full Renter Price. 7.3. Cancellation by the Renter The Renter may cancel the booking under the Owner’s cancellation policy, as indicated in the Listing and available at:
👉 https://www.clickandboat.com/CGU Click&Boat agrees to refund the Renter according to the selected policy, minus the Click&Boat commission, within 15 days. For rentals with Professional Owners, their own cancellation terms apply and are shown on the boat’s Listing. 7.3.1. If the Boat Doesn’t Match the Listing If the Vessel does not match the Listing, shows obvious and significant maintenance issues, or lacks the safety and equipment features required for its type/category/flag, and the Listing was published by a Private Owner, the Renter must notify Click&Boat before the start of the Rental and provide any supporting documentation. The Renter must then decide whether or not to cancel the Rental and/or Co-Navigation: • If the Renter chooses to proceed, they waive any right to request a refund of the Renter’s Price for any reason relating to this reservation. • If the Renter chooses to cancel, Click&Boat agrees, as a commercial gesture only, and without incurring any liability, to fully refund the Renter the Renter’s Price within fifteen (15) days of the cancellation via bank transfer. If the Listing was published by a Professional Owner, the Renter acknowledges and agrees that any refund of the Renter’s Price (excluding the Click&Boat Commission) must be requested directly from the Professional Owner, and that Click&Boat cannot be held liable in this regard. 7.3.2. If a Breakdown Occurs During the Rental If the Rental or Co-Navigation Agreement was concluded with a Private Owner and the Vessel suffers a major failure (breakdown) during the Rental and/or Co-Navigation that renders it unusable for its intended purpose: • If this breakdown results in the Renter being unable to use the Vessel for more than twenty-three (23) consecutive hours, the Renter may cancel the agreement. • In the case of a one-day rental, the threshold is reduced to two (2) hours. The Renter must then decide whether to maintain or cancel the Rental and/or Co-Navigation: • If they choose to proceed, they irrevocably waive any right to request a refund of the Renter’s Price for this booking. • If they choose to cancel and the cancellation occurs: Before the Owner’s Price (minus Click&Boat’s Commission) has been transferred to the Owner, Click&Boat agrees, as a commercial gesture only, and without incurring any liability, to refund the Renter on a pro-rata basis for the unused portion of the Rental, within fifteen (15) days via bank transfer. After the Owner’s Price has been paid, the Owner agrees to refund the Renter the Renter’s Price within fifteen (15) days of the cancellation via bank transfer. If the Listing was published by a Professional Owner, the Renter understands and agrees that any refund of the Renter’s Price (minus the Click&Boat Commission) must be requested directly from the Professional Owner, and that Click&Boat shall bear no liability in this respect. 7.4. Cancellation by Click&Boat In certain cases, Click&Boat may cancel a booking (e.g. termination of collaboration with an Owner, breach of User obligations...). Click&Boat will attempt to offer the Renter an equivalent alternative.
If no alternative is available, the Renter will be fully refunded without being able to hold Click&Boat liable. 8. Payment Terms for Rentals or Co-Navigation The Renter must pay the Renter’s Price in advance for each booking, by credit card via the Platform’s payment providers (Stripe or Dalenys), upon the Owner’s acceptance of the Booking Request. Exceptionally, and with Click&Boat’s express approval, payment may be made via bank transfer. Payment is made in a single installment, except in the following case: • The total Renter’s Price (incl. VAT) exceeds €500, and • The Rental or Co-Navigation starts more than 45 days after the booking date. In such case, the Renter may pay in two installments: • An initial deposit, determined based on the cancellation policy selected by the Private Owner, • The remaining balance, due 30 days before the Handover. If the full Renter’s Price is not received at least 25 days before the Handover date, the booking will be automatically and lawfully cancelled by Click&Boat. The deposit will be non-refundable, regardless of the cancellation policy set in the Listing. Click&Boat will transfer the Owner’s Price (minus the Click&Boat Commission) to the Owner within 24 hours after the Rental starts, unless a complaint is filed with Click&Boat before 2:00 PM on the day of the Handover. The time to receive funds may vary depending on the geographic location and bank processing times. In Rentals with a Professional Owner, payment terms follow the Professional Owner’s own conditions. In such cases, the Renter may also be allowed to pay in two installments as per the Professional Owner’s policy. If the full Renter’s Price is not received at least 25 days before the Handover, the booking will be automatically and lawfully cancelled by Click&Boat. The deposit will not be refunded, regardless of the Professional Owner’s cancellation policy. Upon receipt of the payment from the Renter, Click&Boat will transfer the Owner’s Price to the Professional Owner, deducting the Click&Boat Commission from the first installment. The Renter acknowledges that in case of a booking with a Professional Owner, any refund request must be addressed directly to the Owner, and not to Click&Boat. Click&Boat will issue an invoice to the Owner for the amount of the Commission, which will be available for download in their User Account. For bookings with a Professional Owner, the Renter may request an invoice directly from the Owner. 9. Service and Site Availability Click&Boat aims to keep the Service and Site available 24/7, except during maintenance. However, the Site and Service may experience errors, disruptions, or malfunctions (e.g., due to connection issues). Therefore, Click&Boat does not guarantee uninterrupted availability and cannot be held liable for any resulting inconvenience or damages. 10. Liability 10.1. Limitation of Liability Click&Boat reminds Users that it is not a party to the Rental and/or Co-Navigation agreements concluded between Users. Consequently—and without limitation—Click&Boat bears no responsibility for the behavior of Users, the condition or equipment of the Vessel, the management of the Vessel, or the navigation and operation of the trip itself. In the event of an incident or damage, Users may not hold Click&Boat liable in any way. Click&Boat is not responsible for managing delays, nor for handling any disputes that may arise between Users. It is also not responsible for any insufficient funds in the Renter’s bank account or for any disagreement between the Owner and the Renter regarding the transfer of the security deposit. Subject to the liability exclusions provided in these Terms of Use, and regardless of the legal basis invoked, Click&Boat’s total liability in connection with the Platform or Service shall not, except in cases of gross negligence or willful misconduct, exceed the total amount invoiced by Click&Boat to the User for the Rental or Co-Navigation from which the claim arises. Under no circumstances shall Click&Boat be liable for indirect or consequential damages, even if it has been advised of the possibility of such damages. The User acknowledges that the pricing of the Service is based on these limitations and exclusions of liability, without which Click&Boat would not have entered into the agreement.. 10.2. Exclusions of Liability Click&Boat is not liable in the following cases: • Unlawful or improper use of the Site/Service • Downtime (as explained in Article 9) • Unauthorized third-party intrusion • Discrepancy between the vessel and the listing • User’s failure to comply with administrative or health requirements (e.g., sailing outside France) • User’s social/fiscal obligations 10.3. Hyperlinks The Site may link to external websites. Click&Boat does not control these sites and is not responsible for their content, services, or any losses incurred from their use. Click&Boat is only responsible for the links it creates. Issues with third-party links must be addressed with the respective site’s administrator. 11. Force Majeure The following are considered force majeure events: • Special weather bulletins prohibiting sea outings • Legislative or regulatory changes • Natural disasters, fires, storms, floods, war, terrorism • Internal strikes, illness, electrical surges, cooling system or IT failures • Communication network issues • Any unforeseeable, external event beyond the control of Click&Boat or the Users 12. Confidentiality Click&Boat agrees to keep all User information confidential and will not use or sell it for commercial purposes, unless legally required. Data will be used only for providing the Service. 13. Suspension / Termination Click&Boat may suspend or terminate access to the Service, or delete any User account, without formalities, via email in the following cases: • Unlawful or improper use (including suspected money laundering) • Breach of the Terms • More than two unjustified cancellations (see Article 7) • Repeated negative reviews or discrepancies between the listing and the vessel • If Click&Boat discontinues the Site/Service In such cases, the User agrees not to create a new account. Users may close their account at any time via the help center but must honor accepted bookings. 14. Personal Data As stated in Article 5.2, Click&Boat may share data with its affiliates (e.g., www.nautal.com, www.ocean-evasion.com, www.scansail.de) for purposes such as matchmaking, payment processing, fraud detection, and legal compliance. The data processing is declared to CNIL (France’s data protection authority) under number 1753933v0. The responsible of data management is Click&Boat. In accordance with France’s Data Protection Act (Loi Informatique et Libertés) and GDPR, Users have the right to access, modify, or delete their data by contacting: dataprivacy@clickandboat.com. Depending on their preferences at sign-up, Users may receive marketing offers from Click&Boat. They may opt out at any time via the help center. Data is collected per legal requirements and as outlined in Click&Boat’s Privacy Policy. By using the Site or app, Users consent to this data processing. 15.Right to Object to Telemarketing In France, Users who provide their mobile phone number when registering as an Owner or Renter have the option to register free of charge on the Bloctel list, the national telephone solicitation opt-out list (https://www.bloctel.gouv.fr). For any User of the Service, such registration does not prevent Click & Boat from using the phone number to contact the User when necessary for the performance of the Service or to ensure the fulfillment of obligations by Click & Boat or its Users. 16. Intellectual Property and Copyright 16.1. Intellectual Property and Copyright of Click&Boat “Click&Boat” and the logo displayed on the Site are registered trademarks and remain the exclusive property of Click&Boat. No license is granted to the User. Click&Boat owns all intellectual property rights related to the Service and the Site, including software components, design, layout, graphical elements, logo, and Site aesthetics. Users must not infringe on Click&Boat’s intellectual property rights in any way. Users are solely responsible for their Content and shall hold Click&Boat harmless from any claims related to such Content that may infringe third-party rights or violate applicable laws. Users agree to indemnify Click&Boat for any resulting damages, including legal fees. Each User grants Click&Boat a free, non-exclusive, worldwide, and transferable right to reproduce, display, modify, translate, adapt, and sublicense their Content for the entire duration of applicable copyright protections, on all media (digital, analog, or paper), for commercial or non-commercial purposes. 16.2. Intellectual Property and Copyright of Users and Third Parties Click&Boat respects intellectual property rights and expects Users to do the same. Users must comply with copyright laws, particularly the French Intellectual Property Code. Click&Boat reserves the right to deactivate or terminate the accounts of Users who violate or are repeatedly accused of violating third-party intellectual property rights. Copyright infringement claims must be reported using the contact form in Click&Boat’s Help Center. A properly completed notice of alleged infringement must be submitted by the complainant. 17. Severability If one or more provisions of these Terms are found to be invalid by law, regulation, or a final court decision, the remaining provisions will remain in full force and effect, insofar as permitted by the decision. Furthermore, failure by either party to enforce any provision shall not be deemed a waiver of that provision or the right to enforce it in the future. 18. Cookies When accessing the Site, a cookie (also known as “local storage”) may be automatically installed and temporarily stored in the User’s browser or on their hard drive to enhance site navigation. These cookies collect information about how the Site is used (e.g., pages visited, access times, etc.). Users can disable cookies by adjusting their browser settings. However, this will delete all cookies (including those from other websites), potentially altering or erasing certain settings or information and making navigation on the Site more difficult. For guidance on managing cookies per browser, see the “Your Traces” section of the CNIL website: www.cnil.fr. 19. Disputes Between Users Disputes between Users are handled in accordance with our dispute resolution policy, accessible from any page of the Site via this link https://www.clickandboat.com/en/dispute_resolution_policy? gclid=CjwKCAiAp4O8BhAkEiwAqv2UqKPQdDIRO2dBgOtrewWmPmuY79xJ Xkaby3CMki6okD4A0sTZr8s7eRoC1IIQAvD_BwE&_gl=1*1c6ys6u*_up*MQ..*_gs*MQ.... 20. Mediation In the event of a dispute, the User is informed that they have the right to resort, free of charge, to conventional mediation, including mediation under the supervision of the French Commission for the Evaluation and Oversight of Consumer Mediation, in accordance with the French Consumer Code, particularly Articles L.151-1 et seq., L.612-1 et seq., and R.616-1 et seq. The designated mediator for Click & Boat is "Médiation Tourisme et Voyage", which may be contacted directly online at https://www.mtv.travel/saisir-le-mediateur/ or by post at the following address: MTV - MÉDIATION TOURISME VOYAGE Service dépôt des saisines 75383 PARIS CEDEX 08 21. Jurisdiction – Governing Law & Language All contracts and legal relationships with Click&Boat, including these Terms & Conditions, are governed by French law and written in the French language. Any translation is for information purposes only. In case of a dispute with Click&Boat, Users agree to first attempt to resolve the issue amicably with the company. If no amicable resolution is reached, the User may bring the matter before the court of the rental location, their place of residence, or the courts of Nanterre, where Click&Boat’s registered office is located.