"Click&Boat" Service General Terms and Conditions of Use The general terms and conditions of use below are a translation provided in order to facilitate users’ understanding of the Service. 1. 1. Definitions In these general terms and conditions, the terms below have the following meanings whenever capitalised, whether used in the singular or plural. "Listing": a Rental or Co-Sailing offer published on the Site by an Owner, "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, "GTCU": these general terms and conditions of use, "Click&Boat": ClickandBoat, a simplified joint stock company with a capital of €6,143 , having its head office at Peniche West River, 10, quai du 4 septembre 92100 Boulogne-Billancourt, France, registered in the Paris Trade and Companies Register under number 801 157 256 and with ORIAS, the French insurance brokers' register, under number 15 005 093, "Co-sailing": sailing activity where the costs of ownership, maintenance and use of the Boat are shared. The contribution, calculated by Owners under their sole responsibility, must be strictly limited to a proportion of these costs. Owners undertake not to make any profit from this activity. They acknowledge and accept that the receipt of any sum in addition to actual shared costs may entail the Co-Sailing arrangement's requalification as a transport activity, in which case Click&Boat declines any responsibility for the consequences, "Click&Boat Commission": a commission percentage included in the Owner Price, payable by Owners as a fee for the service. The amount of this commission may vary, according to the contractual agreements between Click&Boat and Owners. "Click&Boat Fees" means the fees associated with the operation of our platform that enable us to provide services such as customer support during your trip. VAT is included. "Content”: any texts, graphics, images, videos, information or other material that Users post, upload, publish, submit, transmit, or include in their Listings or User accounts to make them available on the Site, "Boat": any nautical vessel offered for Rental on the Site (sailboats, motorboats, barges, catamarans, jet skis, etc.), “Renter": any natural person or legal entity booking a Boat for Rental or Co-Sailing, "Rental": the rental of a Boat by an Owner to a Renter, at the dock or at sea, "Additional Options": any options taken out by the Renter in addition to the Owner Price (provision of bedding, cleaning, etc.), “Start date": refers to taking charge of the Boat or arriving on the Boat on the first day of the Rental and/or Co-Sailing, Cleaning times, fuel fill-ups and Inventories before and after use are an integral part of the rental period stipulated in the contract. "Inventory before use": means the document describing the condition of the boat at the time of the Start date, to be carried out between the Renter and the Owner (or their representative) at the time of the handover of the boat. It must be as complete as possible, with supporting photographs and comments, and signed by both parties before the departure of the Boat, on the contract provided by the Owner or via the Click&Boat Application. "Inventory after use: means the document describing the condition of the Boat at the end of the Rental, and must be completed by a damage report in the event of a claim. It must be as accurate as possible. “Rental Price": the price displayed in the Listing, excluding Additional Options. Unless otherwise specified in the Listing, the Rental Price does not include the Boat’s mooring in the port or fuel. "Owner Price": the price freely set by Owners at the time they publish their Listings, including the Click&Boat Commission, "Owner": any natural person (professional or private individual) or legal entity able to prove full ownership of a Boat at the first request of Click&Boat and/or a Renter. By extension, this also refers to Owners’ representatives, who must prove the existence and scope of the authorisation they have received, "Professional Owner”: any owners using the Service on a professional basis, whose activity is declared to the Companies Register pursuant to current regulations in the locality, region or country where Professional Owners carry out their activity. “Private Owner": Any owner who does not use the Service on a professional basis pursuant to current regulations in the locality, region or country where the Private Owner operates. "Service”: both (i) the service of putting Owners and Renters in contact with each other to facilitate the Co-Sailing or Rental of Boats at the dock or at sea and (ii) the tool for managing bookings and payments between Users, "Site": both the website www.clickandboat.com and the mobile application "Click&Boat", "User": any user of the Site and the Service, whether Owner or Renter. "Weather Cancellation": refers to the cancellation of a booking for one day or less because of a special weather report. 2. Acceptance of the GTCU Use of the Service and the Site are subject to these GTCU. The GTCU constitute a contract governing the relationship between the User and Click&Boat. They supersede all previous provisions and constitute all the rights and obligations of Click&Boat and the User regarding their purpose. The Parties agree that in the event of any inconsistency between information on the Site and the GTCU, the latter take precedence. Users are deemed to have fully and unreservedly accepted these GTCU once they tick the box "I accept the general terms and conditions" when creating their User accounts or registering for an offer. If this box is not ticked, it will be impossible to create a User account or use the Service, which Users acknowledge. Click&Boat reserves the right to modify the GTCU at any time, in which case the changes become effective when they are published on the Site. Continued use of the Site constitutes Users’ tacit acceptance of the latest updated version of the GTCU. 3. Purpose of the Service The Service consists of putting Owners and Renters in contact with each other to facilitate the Co-Sailing or Rental of Boats, and the management of payments between Users. All Users understand and accept that Click&Boat is and remains a third party to contracts concluded between Owners and Renters. As such, Click&Boat cannot be bound to fulfil Users’ obligations in their place and cannot be held liable for any breaches by Users of their contractual obligations. In the context of relations between Renters and Professional Owners, the Professional Owner's rental contract takes precedence over the rental contract provided by Click&Boat. All Users undertake to comply with the terms and conditions contained in contracts issued by Professional Owners. 4. Access to the Service Users of the Click&Boat platform undertake to provide accurate information. Click&Boat declines any responsibility as regards confirming the identity and information provided by Users. In a concern for transparency and to prevent fraud, subject to the laws applicable, Click&Boat may require Users to provide official identification or other information, or submit to other controls designed to verify Users’ identity and backgrounds, and view third party databases or other sources of information. 4.1. Legal capacity The Service is reserved for natural persons of full age, emancipated minors enjoying full legal capacity and legal entities able to submit themselves unreservedly to these GTCU. 4.2. Access/availability To be able to use their accounts, Users must have an e-mail address and a mobile phone number valid throughout the use of the Service. 5. Use of the Service 5.1. Creating a User Account To be able to use the Service, Users must first create a User account by following the procedure shown on the Site and/or sent to them by email. In particular, Users will be asked to provide yachting CVs. Users are solely responsible for maintaining the confidentiality of their access codes to their email and User accounts. Click&Boat declines all responsibility if the Service is used by people other than Users or people authorised by them in possession of their logins and passwords. If Users forget their login or password, or these are improperly used by a third party, Users undertake to inform Click&Boat as soon as possible by using our contact form in our Help Center. Users undertake to update their contact details on the Site if they change their email address and/or mobile phone number. 5.2. Publication of a Listing Any Boat Owner may freely publish one or more Listings to offer a boat for ‘co-sailing’ (ie shared sailing) or rental, subject to the provisions of Article 6.1.1. Boat Owners undertake to publish listings that accurately describe the services offered (in particular Price, Condition of the Boat, etc). By checking the box "I accept the terms and conditions" when creating a User account or publishing a listing, the Owner understands and agrees that his or her Listing may also be published on the websites or apps of one or more of the companies in the Click&Boat group, including www.clickandboat.com, www.nautal.com, www.ocean-evasion.com, www.scansail.de, as well as the various domains of these websites and apps. Each Boat Owner is solely responsible for the content of the Listings published on the Website and for the accuracy and truthfulness of the information included in the Listing. Professional Boat Owners are also reminded that they must respect consumer law and in particular refrain from deceptive marketing practices, punishable by a maximum penalty of 2 years' imprisonment and a fine of 300,000 euros ( Article L132-2 of the French Consumer Code). For Professional Boat Owners, presenting themselves as non-professional owners, or including in the Listing information that does not correspond to the real services offered, constitutes a misleading business practice. The Service provided by Click & Boat is confined to connecting boat owners and renters. Under these circumstances, Click & Boat can not be held liable for the misleading or incorrect nature of a listing. Click&Boat does not act as guarantor for any Users, Boats or Listings. The Listing must include at least one photo of the Boat and specify: - the characteristics and location of the Boat, - if the mooring in the home port is included in the Rental and/or Sailing contract. - the yachting qualifications required for its use in the event of a Rental or if the presence of a sailing professional is required, - the dates the Boat is available, - the daily Owner Price chosen according to the availability dates, - the amount due per hour or per day if there is a delay in returning the Boat, - the amount of any security deposit required for the Boat Rental, - any additional costs (bedding, cleaning), - the conditions for cancelling the Rental or Co-Sailing arrangement laid down by the Owner according to the options stipulated in Article 7.3. With Rentals, the Owner Price is freely set by the Owner. It includes the Click&Boat Commission. With a Co-Sailing arrangement, the Owner guarantees that the Owner Price is strictly limited to a share of the costs of ownership, maintenance and use of the Boat. Owners undertake not to make any profit from this activity. Owners acknowledge and accept that the receipt of any sum in addition to the actual costs may entail the Co-Sailing arrangement's requalification as a transport activity, in which case Click&Boat declines any responsibility for the consequences. Professional Owners guarantee that the Owner Price is at most equal to the public price displayed in any other platform or publication or on their own websites. In the Listing published on the Site, Click&Boat will display the Rental Price corresponding to the total price in euros to be paid by Renters, which includes (i) the Owner Price, (ii) if applicable, the additional costs expressly referred to in the Listing. This price includes all taxes and excludes fuel costs, unless otherwise specified in the Listing. In connection with the Rental, Users understand, acknowledge and accept that only the Boat is covered by the Rental Agreement, excluding the mooring reserved by the Owner for the Boat in the home port. However, Renters have the right to use this mooring free of charge for the Boat throughout the Rental Agreement if this possibility is explicitly specified in the Listing. 5.3. Insurance 5.3.1 Owner Owners undertake to offer only Boats covered by insurance for their Rental and/or Co-Sailing activities, regardless of the nationality of Users, the sailing area stipulated and/or the Boat's usual home port. Owners thus undertake to inform the providers of their annual recreational boat insurance of their Rental or Co-Sailing activities. Click&Boat can provide daily insurance through an all-risks recreational boat insurance contract with its partner insurer. Owners who take out this policy then undertake to accept and comply with the general terms and conditions of the partner insurer, which can be viewed via these links: https://static1.clickandboat.com/v1/o/docs/CG_AXA_France-FLOTTE-plaisance-11-2013.pdf https://static1.clickandboat.com/v1/o/docs/CP-AXA-Saison-2016-V_membres.pdf https://static1.clickandboat.com/v1/o/docs/insurances/allianz/Dispositions_generales_-_Allianz_-_2019.pdf https://static1.clickandboat.com/v1/o/docs/Allianz-Attestation_d_assurance_2016.pdf https://static1.clickandboat.com/v1/o/docs/insurances/allianz/Dispositions_particulieres_-_Allianz_-_2019.pdf Owners take out this policy at the time they publish their Listings. The policy then applies automatically each time the Boat is booked via the Site. Taking out this policy implies compliance with these GTCU by the Users, and in particular the signature of a Rental contract including an Inventory before and after use of the Boat. The amount due for this policy will be directly deducted by Click&Boat on behalf of the partner insurer from the share of the Price paid to the Owner according to the conditions of Article 8. 5.3.2 Renter Click&Boat offers the Renter, at the time of booking, the possibility to subscribe to an additional personal insurance with the partner insurer Mondial Assistance/ Allianz Assistance. The Renter acknowledges that they have read and accepted without reservation, all the guarantees indicated in the contract as soon as they have ticked the box, "I accept the General Conditions of Use, Cancellation Conditions, Insurance Conditions'' at the time of subscribing to the offer. The general and special conditions are available by consulting the link below: https://static1.clickandboat.com/v1/o/docs/CLICKANDBOAT_Convention_07122020_EN.pdf 5.4. Renters’ booking offer On the Site, Renters select a Boat, a Rental or Co-Sailing Start date and End date and, if applicable, any additional options proposed by the Owner in the Listing in question. This choice constitutes a Booking Offer for the Boat (the "Booking Offer"). When making a Booking Offer, Renters enter their bank details and undertake to (i) pay in advance the amount of the Rental Price by debit or credit card (see Article 8), and (ii) authorise Click&Boat to request the deduction of the security deposit from their bank accounts pursuant to the conditions of Article 5.7. Owners then have up to 72 hours to accept or refuse this offer. After this period, the Booking Offer will lapse and the Renter will not be charged. Owners may accept or refuse a Booking Offer at their sole discretion. 5.5. Boat bookings The amount of the Rental Price is kept in an escrow account until the Owner has actually been paid or the Renter has been reimbursed. Once the amount of the Rental Price has been deducted from the Renter's bank account and the Renter has authorised the deduction of the security deposit, Click&Boat communicates to each User the other User's personal information and contact details. Users undertake to use this information only in connection with the Rental or Co-Sailing arrangement, and not to enter into direct contact in the future in view of concluding a Rental or Co-Sailing contract. On the Start date, the Owner and the Renter undertake to carry out an Inventory before use in the presence of both parties, and to sign a Rental or Co-Sailing contract together. On the date the Rental or Co-Sailing agreement ends, the Owner and the Renter undertake to carry out an Inventory after use in the presence of both parties. If the Renter does not show up at the time scheduled for returning the Boat, the Renter must pay the Owner the late penalty indicated in the Listing. 5.6. Security deposit The Owner may require a security deposit for the Rental of the Boat. The amount of this deposit is indicated in the Listing. The acceptance of a Rental Booking Offer including a security deposit automatically entails the creation of a unique confidential identifier enabling Renters to be identified indirectly and associating them with the bank account from which the Rental Price and security deposit will be deducted. This identifier constitutes a pre-authorisation for direct debits. The entity managing the security deposit is specified in the contract: it can be managed by Click&Boat, or by the Professional Owner. Click&Boat will not be able to manage a security deposit and a claim file for a Rental where the contract stipulates that the security deposit is managed by the Professional Owner or that the amount of the security deposit is not filled in and/or indicated as zero euros. Renters undertake to have sufficient funds in their bank account for the security deposit to be deducted at the time of the booking request, and to maintain sufficient funds in this account until Click&Boat has closed any claim file. The security deposit management tool is provided by Click&Boat to facilitate financial transactions between Users. The Owner, whose deposit is managed by Click&Boat, undertakes not to require a deposit from the Renter. In the event of a rental between a Professional Owner and a Renter, Professional Owners are entitled to require the Renter to provide a security deposit in the form of a cheque, card imprint or debit to their credit or bank card for the amount indicated in the Listing. Click&Boat can under no circumstances be held liable if there are insufficient funds in the Renter's bank account when the security deposit is deducted from this account, or if there is a disagreement between the Owner and the Renter as to whether the security deposit is payable. Users understand and accept that Click&Boat cannot be required to act as mediator or arbitrator in the event of a dispute of any kind between Users. Within twenty-four (24) hours following the end of the Rental, the Owner may ask Click&Boat to open a claim file if they notice any damage to their Boat that was not included in the document of Inventory taken after use. This period may exceptionally be extended in the event of non-visible damage, upon presentation of formal proof that the damage is attributable to the Renter. This request must be made directly from the Site and accompanied by the Rental Contract signed by each of the parties of the contract, the_Inventories_ of before and after use signed by the Renter, and photos or videos (dated) of the damage or any other proof. In the event that the Inventory of before and after use is not signed by the Renter, Click&Boat reserves the right, after analysis of the file, to open a claim file and to take the security deposit. The Owner undertakes to provide all the documents requested by Click&Boat when processing the file, and to choose the most reasonable estimate for the repairs. Click&Boat may require the Owner to submit two contradictory estimates in order to ensure that the repair costs are correctly estimated. Click&Boat will only refund the amount of the security deposit to the Owner upon presentation of the final invoice or a pro-forma invoice, unless both parties agree otherwise. It is specified that bank charges pertaining to the collection and payment of all or part of the security deposit will be borne by the Owner and deducted from the amount paid. Click&Boat undertakes to investigate the claim filed by the Owner within a reasonable period of time after receipt of the claim email. Any disputes between the Owner and the Renter, in particular regarding the existence and/or imputability of the damage and/or the amount of compensation, must be submitted to the competent courts. The renter, under certain conditions, can subscribe to the security deposit refund option offered by Click&Boat. In this case, the clauses and exclusions of the option apply. 5.7. User Review All Users may evaluate other Users with whom they have concluded a Rental or Co-Sailing contract by writing a comment and/or through a rating system. Only Rentals and/or Co-Sailing agreements actually carried out give the right to publish a review. The comment and 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 notes, the frequency of bookings and the speed of Owners’ responses. Users cannot themselves delete a comment written by another User. However, they have the right to reply to comments. Users may also inform Click&Boat of any comments that do not comply with these GTCU by using our contact form in our Help Center. Click&Boat reserves the right to delete any comments contravening current regulations (if they are racist, discriminatory, inconsistent with good conduct or public order, etc.) at its sole discretion and to delete the accounts of any Uses who repeatedly post inappropriate comments. 6. Obligations of the parties 6.1. Obligations of Users Users undertake to: - use the Site and Service in accordance with these GTCU and current laws, - provide truthful, legal, objective and lawful information, complying with current laws (without resorting to insults, incitement to hatred, racism and so on), - act in good faith as regards the use of the Service and Site, - have only one User account and not to open a User account for anyone other than themselves, - use their User accounts only for personal use, all acts carried out from their User account being deemed to have been performed by them, - regularly update their information by logging into their User accounts, - not to transfer their User account to a third party or another User, - keep their User account access codes confidential, - be able to prove at any time that they have the diplomas and/or qualifications declared in their yachting CV, - comply with current administrative and health formalities (in particular if sailing outside France), - write and sign on the Start date a Rental or Co-Sailing contract including an Inventory before use carried out in the presence of both parties, - sign on the end date of the Rental or Co-Sailing agreement, or on the date the Boat is returned in the event of delay, an Inventory after use carried out in the presence of both parties, Renters may indicate any reservations in writing on the Rental or Co-Sailing contract at the time the Inventory is carried out. All Users are responsible for archiving the information that can be viewed on the Site on a memory device separate from the Site, which they may need for providing evidence, for accounting purposes, etc. Click&Boat will, however, make available to Users, on the Site, the different versions of the GTCU appearing since the creation of their User accounts. 6.1.1. Specific obligations of Owners Owners undertake to: - be able to prove at any time that they are the Owners of Boats, - have properly declared and/or registered their Boats with the appropriate authorities, - only offer for bookings Boats that have been properly equipped and maintained, undergone the appropriate technical inspections, have the safety equipment appropriate to their sailing category, possess up-to-date equipment and have undergone regular upkeep, - if necessary, provide Renters and the authorities with the Special Verification Register in the event of an inspection, - to have taken out an insurance policy (legal liability or all risks) and to maintain its validity throughout the publication period of their Listings, according to the conditions of article 5.4, and be able to present a valid insurance certificate at the first request of Click&Boat and/or the Renter, - verify Renters’ identities before signing a Rental Agreement, - check that the bank card used to pay for the Rental and/or Co-Sailing agreement belongs to Renters at the time the Boat is occupied. - verify that Renters hold the diplomas and/or qualifications specified in their yachting CVs, required for sailing the Boat, - check that the name displayed on the Rental or Co-Sailing contract matches the ID papers presented by Renters, as well as the bank card used to pay for the Rental or Co-Sailing agreement presented on the Start date, - inform Renters in the Listing and/or the Rental or Co-Sailing Agreement of any cover not provided by their insurers. - provide Click & Boat with the rental agreement signed by both parties and any other document enabling Click & Boat to respond to a payment cancellation procedure started by Renters with their banks. Click & Boat may require Owners to refund the rental amount if they are unable to provide these documents Owners accept and undertake to meet their social and tax obligations according to their status with the competent administrative authorities. Owners understand that Click&Boat has no obligation to provide advice and that they cannot hold Click&Boat liable in this respect. Owners are required to provide Renters with an invoice for the Owner Price, at their first request. Professional Owners also undertake not to divert and/or solicit Users from the Service and not to enter into Rental and/or Co-Sailing contracts directly with them, other than through bookings on the Site. 6.1.2. Specific obligations of Renters Renters undertake to: - hold in their bank accounts the amount of the security deposit, if any, from the date of the Booking Offer until 24 hours after the Rental end date, - be the owners of the bank card used to book the Boat, - check, before signing the Rental contract, the Boat’s condition, the validity of any technical inspections, and the presence on board of up-to-date equipment and safety equipment appropriate to the Boat's sailing category, - if necessary, view the Special Verification Register, - notify Click&Boat, through their User accounts, less than 2 hours after the start of the Rental and/or Co-Sailing agreement, of any dispute/disagreement over the Listing and/or the Boat, in order to claim the blocking of payment for the time it takes the Users concerned to decide whether to cancel the booking according to the conditions of Article 7, or continue with it, - pay any fines they have incurred during the Rental, at the Owner's first request, - hold the diplomas, licenses, and/or qualifications corresponding to the Boat and the navigation plan, - show up at the time scheduled for the Booking to meet with the Owner or their representative, - to sign the contract at the Check-in and to take charge of the Boat - to embark on board only the number of people corresponding to the Boat's safety equipment, including the skipper - use the boat in a responsible manner for pleasure boating, according to current maritime and customs legislation, excluding any commercial, professional fishing, transport, towing or other operations, - not to be medically incapable of navigating/operating the boat - return the boat to the Owner with all its equipment in the same condition as when the Rental began, in a clean and proper state, within the stipulated deadline. - return the Boat with the same level of fuel as it had during the handover, unless otherwise stated during the Check-in with the Owner - return the Boat to its port of departure, unless otherwise agreed in writing by the Owner Renters accept and undertake to respect their social and tax obligations according to their status. To this end, Click&Boat provides electronic links accessible from User accounts to the various administration websites to enable Renters to comply with these obligations if need be. Renters understand that Click&Boat has no obligation to provide advice and that they cannot hold Click&Boat liable in this respect. 6.2. Click&Boat's obligations Click&Boat undertakes to make every effort to: - ensure that the Site functions, in accordance with Article 9 below, - respond to Users' requests relating to the Service as soon as possible, - pay amounts due to Owners according to the conditions of Article 8 through transfers to the Owners’ bank accounts, - pay the amount of the security deposit to Owners according to the conditions of Article 5.7 through transfers to Owners’ bank accounts, - reimburse Renters if necessary, according to the conditions of Article 7, - allow Users to download, to their User accounts, invoices for Click&Boat Commission as well as a document summarising the gross amount received for transactions carried out via the Service and Site during the previous year, corresponding to the Owner Price minus the Click&Boat Commission and/or the purchase of insurance according to the conditions of article 5.4. 7. Cancellation of bookings Users must notify Click&Boat of any cancellations in advance in writing via their User accounts according to the cancellation procedure described on the Site. A cancellation only becomes effective after Click&Boat has sent an e-mail notifying the cancellation. 7.1. Cancellations due to Force Majeure In the event of circumstances characterising a case of force majeure within the meaning of Article 11, any User may request (i) the postponement of the booking to a later date, or (ii) the cancellation of the booking, after providing proof of these circumstances in writing to Click&Boat no later than 12 hours after the Start date. If the Rental or Co-Sailing agreement was for a period of more than one day, Click&Boat will not refund the Rental Price, which Renters accept. Click&Boat cannot be held liable in this respect. In the event of a cancellation due to a special weather report preventing any sea trips, and if the Booking was for a period of one day or less, Click&Boat will refund the Renter, within fifteen (15) days by bank transfer, the Rental Price minus the Click&Boat commission, which will be refunded in the form of a credit note valid for one year. Consequently, Owners will not receive the amounts due to them (Owner Price minus the Click&Boat Commission). For bookings with Professional Owners, Click&Boat's weather cancellation conditions described above no longer apply. Professional Owners’ commercial terms and conditions thus take precedence. Professional Owners may offer Renters a refund or postponement depending on their commercial conditions. With refunds, the Professional Owner will refund the Rental Price minus the Click&Boat commission, which will be reimbursed by Click&Boat in the form of a credit note valid for one year. 7.2. Cancellations due to the Owner Owners may not request the cancellation of Rental and/or Co-Sailing agreements they have accepted, except in cases of force majeure. If an Owner cancels a booking for serious personal reasons accepted by Click&Boat, Click&Boat will endeavour to offer the Renter another equivalent Boat for the period concerned. In the event that no alternative solution is found, Articles 7.2.1 and 7.2.2 will apply. After two abusive or unjustified cancellations, Click&Boat reserves the right to delete an Owner's User account according to the conditions of article 13. Financial penalties will therefore be applied as defined here. The amount due in this respect will be automatically deducted by Click&Boat forthwith from the next transaction carried out by the Owner via the Site and the Service. However, if Owners request to cancel bookings because Renters are unable to provide evidence of the diplomas or qualifications indicated in their yachting CVs, these cancellations will be considered justified. Renters may under no circumstances demand reimbursement of the Rental Price. Owners will receive the Owner Price minus the Click&Boat Commission. 7.2.1. Cancellations due to Private Owners If no alternative solution is found or if Owners’ requests to cancel a booking is justified by Renters’ obviously insufficient yachting skills, observed in real conditions by Owners on the Start date (excluding Renters’ inability to provide evidence of their diplomas or qualifications), this cancellation will also be considered valid. The Renter will be fully refunded the Rental Price minus the Click&Boat Commission within fifteen (15) days by bank transfer. The Private Owner will not therefore receive the Owner Price minus the Click&Boat Commission. 7.2.2. Cancellations due to Professional Owners If no alternative solution is found or if Owners’ requests to cancel a booking is justified by Renters’ obviously insufficient yachting skills, observed in real conditions by Owners on the Start date (excluding Renters’ inability to provide evidence of their diplomas or qualifications), this cancellation will also be considered valid. Renters understand and accept that they may only request reimbursement of the Rental Price (minus the Click&Boat Commission) directly from the Professional Owner, without ever being able to incur Click&Boat’s liability in this respect. In this case, the Professional Owner undertakes to reimburse the Rental Price to the Renter. 7.3. Cancellations due to Renters Renters may cancel booking according to the cancellation conditions defined by the Owner and indicated in the Listing in the options available via this link: https://help.clickandboat.com/hc/en-gb Click&Boat undertakes to reimburse the Renter for the Rental Price according to the applicable cancellation conditions, after deduction of the Click&Boat Commission, within a maximum period of fifteen (15) days. In the event of a rental with a Professional Owner, the latter’s cancellation conditions apply, as indicated in the Boat Listing. 7.3.1. If the Boat does not match the Listing If the Boat does not match the Listing and this has been published by a Private Owner, Renters should notify Click&Boat before the Rental starts, providing all supporting documents. Renters should decide whether or not they wish to cancel the Rental and/or Co-Sailing agreement. If they decide to maintain the Rental and/or Co-Sailing agreement, they may under no circumstances request reimbursement of the Rental Price for any reason in respect of this booking. If they decide to cancel the Rental and/or Co-Sailing agreement, Click&Boat agrees, on a commercial basis, and without this allowing the User to incur Click&Boat's liability in any way, to refund Renters in full for the Rental Price by bank transfer, within fifteen (15) days of the cancellation. If the Listing has been published by a Professional Owner, Renters understand and accept that they may only request reimbursement of the Rental Price (minus the Click&Boat Commission) directly from the Professional Owner, without ever being able to incur Click&Boat’s liability in this respect. 7.3.2. If a breakdown occurs during the Rental and/or Co-Sailing period If the Rental and/or Co-Sailing contract has been concluded with a Private Owner and the Boat suffers a major failure (breakdown) during the Rental and/or Co-Sailing period resulting in the inability to use the Boat in line with its main purpose. If this failure means that the Boat is unusable for more than 23 (twenty-three) hours, the Renter may cancel the contract. No other form of damages will be considered. If a breakdown occurs during the Rental and/or Co-Sailing period and in the case of a one-day rental, this period is set at 2 (two) hours. Renters should decide whether or not they wish to cancel the Rental and/or Co-Sailing agreement. If they decide to maintain the Rental and/or Co-Sailing agreement, they may under no circumstances request reimbursement of the Rental Price for any reason in respect of this booking. If they decide to cancel the Lease and/or Co-Sailing agreement and this cancellation occurs: - before payment of the Owner Price (minus the Click&Boat Commission) to the latter, Click&Boat accepts, on a commercial basis, and without this allowing the User to incur Click&Boat's liability in any way, to reimburse the Renter in full for the Rental Price, in proportion to the period of the booking when the Boat was unavailable, by bank transfer within fifteen (15) days of the cancellation, - after payment of the Owner Price (minus the Click&Boat Commission) to the latter, the Owner undertakes to reimburse the Renter for the Rental Price by bank transfer within fifteen (15) days of the cancellation. If the Listing has been published by a Professional Owner, Renters understand and accept that they may only request reimbursement of the Rental Price (minus the Click&Boat Commission) directly from the Professional Owner, without ever being able to incur Click&Boat’s liability in this respect. 7.4. Cancellations due to Click&Boat In some cases, Click&Boat may have to cancel a booking (termination of collaboration with an Owner, non-fulfilment of Users' obligations, etc.) Click&Boat will then do its utmost to offer an equivalent alternative to the Renter. If this is impossible, the Renter will be fully reimbursed for the sums paid without being able to incur Click&Boat's liability in this respect. 8. Terms of payment for Rental or Co-Sailing agreements Renters pay the Rental Price for each booking in advance by debit or credit card on the Site via the Stripe or Dalenys payment solution once the Owner has accepted the Booking Offer. As an exception, and subject to Click&Boat's express agreement, the User may pay by bank transfer. Renters pay the Rental Price in a single instalment. As an exception, the Renter may pay in two instalments if: - the amount of the Rental and/or Co-Sailing agreement is more than five hundred euros (€500) including VAT, and - the Rental and/or Co-Sailing arrangement begins more than forty-five (45) days after the booking. In this case, the Renter pays a deposit of an amount defined according to the cancellation conditions of the Listing set by the Private Owner, and the balance thirty (30) days before the Start date. If the Renter does not pay the full Rental Price no later than twenty-five (25) days before the Start Date, the Rental and/or Co-Sailing agreement will be automatically cancelled forthwith by Click&Boat. The Renter will not be reimbursed for the amount of the deposit already paid, regardless of the cancellation conditions stipulated by the Private Owner in the Listing. Click&Boat undertakes to transfer to the Owner's account the Owner's Price from which is deducted the Click&Boat Commission, within 24 hours of the start of the rental, unless Click&Boat is notified of a claim before 2PM on the day of the handover. The time to receive the funds depends on your geographical area and bank delays. With rentals from a Professional Owner, Click&Boat will apply the payment conditions defined by the Professional Owner. If the Listing has been published by a Professional Owner, the Renter may pay the Rental Price in two instalments, depending on the payment conditions set by the Professional Owner. If the Renter does not pay the full Rental Price no later than twenty-five (25) days before the Start Date, the Rental and/or Co-Sailing agreement will be automatically cancelled forthwith by Click&Boat. The Renter will not be reimbursed for the amount of the deposit already paid regardless of the cancellation conditions stipulated by the Professional Owner in the Listing. Upon receipt of payment from the Renter, Click&Boat will pay the Owner Price to the Professional Owner, after deduction, as from the first payment, of Click&Boat’s Commission. Renters therefore accept that in the event of a booking with a Professional Owner, they must take action directly against the Professional Owner if they request a refund for any reason. Click&Boat will issue an invoice to Owners for the amount of Click&Boat’s Commission, which will be downloadable directly into their User account. With rentals from a Professional Owner, Renters may request an invoice directly from the Professional Owner. 9. Availability of the Service and Site Click&Boat undertakes to do its best to ensure that the Service and the Site are available 24/7 without any interruptions other than those required for corrective maintenance or upgrading work. Users’ attention is specifically drawn to the fact that the Site and the Service are, like any computer application, subject to malfunctions, anomalies, errors or interruptions that may be due in particular to connection problems. Consequently, Click&Boat does not guarantee Users that the Site and the Service will be permanently available. Under no circumstances may Users make any claims against Click&Boat because of such malfunctions, anomalies, errors or interruptions, even if these have caused them any kind of loss. 10. Liability 10.1. Limitation of liability Click&Boat reiterates that it is not a party to the Rental and/or Co-Sailing contracts concluded between Users. In the event of a claim, Users may under no circumstances engage Click&Boat's liability. Click&Boat is not responsible for managing delays or managing any disputes between Users. Nor is Click&Boat responsible for any shortfall in Renters’ bank accounts or for any disagreement between Owners and Renters regarding the payment of security deposits to Owners. Subject to the liability exclusions stipulated in these GTCU, it is agreed that in any event and whatever the grounds, the liability that Click&Boat may incur in any capacity in connection with the Site or Service may not, except in the event of gross negligence or fraud, exceed the total amount invoiced by Click&Boat to the User for the Rental or Co-Sailing agreement behind the event giving rise to Click&Boat's liability. Under no circumstances may Click&Boat be held liable for any damage of an indirect nature, even if Click&Boat has been informed of the possibility of such damage. Users acknowledge that the pricing conditions of the Service are based on these limitations and exclusions, without which Click&Boat would not have contracted. 10.2. Exclusions of liability In addition to the cases provided for in these GTCU and in particular in articles 5.1 and 9, Click&Boat's liability is excluded in the following cases: - non-compliant or unlawful use of the Site and/or the Service by the User, - unavailability of the Site and/or the Service in accordance with Article 9 above, - fraudulent intrusion by a third party into the Site and/or the Service, - non-conformity of the state of the Boat with the Listing, - non-compliance with administrative and health formalities by the User (in particular when sailing outside France). In addition, Click&Boat cannot be held liable as regards Users’ compliance with their social and tax obligations according to their status and/or any obligation to advise Users in this respect. 10.3. Hypertext links The Site may include links to other websites or other Internet sources. Click&Boat has no control over these Sites and external sources. Consequently, Click&Boat cannot be held responsible for the availability of these Sites and external sources and declines all responsibility for the Content, advertising, products, Services and any other element available on them. In addition, Click&Boat cannot be held liable for any damage or loss, proven or alleged, resulting from or connected with access to, the use of or reliance on the Content, goods or Services available on these Sites or external sources. Click&Boat is only responsible for the hypertext links it creates. Any difficulty relating to a link that it has not created must be submitted to the administrator or webmaster of the Site in question. 11. Force majeure The parties agree that force majeure constitutes the following in particular: - special weather reports preventing any trips to sea, - legislative and regulatory changes, - natural disasters, fires, storms, floods, wars and acts of terrorism, internal strikes, disease, power surges and shocks, failures of cooling systems and computer equipment, blockages and slowdowns in electronic communications networks, and, - more generally, any unpredictable event beyond the control of Click&Boat and the Users. 12. Confidentiality Click&Boat undertakes to keep confidential any information gathered during the creation of the User account. Click&Boat undertakes not to use any data obtained from the User for purposes other than that of the Service, and in particular not to sell such data to third parties for commercial purposes, unless such use is required by law or by any administrative or judicial authority. 13. Suspension/Termination Users acknowledge that Click&Boat is entitled to suspend access to the Service or terminate its contractual relationship with Users, or to delete any User account forthwith, by e-mail and without further formality for any reason, and in particular: - in the event of non-compliant or illegal use of the Service, in particular in the event of payment problems (including suspicions of money laundering), - in the event of non-compliance with the GTCU, - in the event of cancellation of more than two bookings, except in cases of force majeure, according to the conditions of Article 7, - in the event of particularly negative reviews by other Users or the Boat’s non-compliance with the Listing, - in the event of interruption of operation of the Site and/or the Service by Click&Boat. Users therefore undertake not to create new User accounts for themselves. User may terminate their User accounts at any time by using our contact form in our Help Center. However, they undertake to maintain and carry out current or accepted bookings 14. Personal data As stipulated in article 5.2, Click&Boat may transmit personal data to one of its subsidiaries, including www.nautal.com, www.ocean-evasion.com, www.scansail.de, for the following purposes: to provide a matchmaking service, to manage payments between Users, to detect or investigate fraudulent or illegal activity, and to ensure compliance with applicable legislation, which the Owner accepts. As stipulated in article 5.2, Click&Boat may transmit personal data to one of its subsidiaries, including www.nautal.com, www.ocean-evasion.com, www.scansail.de, for the following purposes: to provide a matchmaking service, to manage payments between Users, to detect or investigate fraudulent or illegal activity, and to ensure compliance with applicable legislation, which the Owner accepts. The processing of personal data was declared as appropriate to the French data protection authority (CNIL) on 27 March 2014 under number 1753933v0. The data controller is Ms Laura Tavernaro. In accordance with Data Protection Act No. 78-17 of 6 January 1978, its implementing decrees and in accordance with the General Data Protection Regulation (GDPR), Users have the right to access, modify, rectify and delete personal data concerning them, which they can exercise by contacting dataprivacy@clickandboat.com. Depending on the choices made when creating a User account, Users may receive commercial offers from Click&Boat. If Users no longer wish to do so, they may object at any time by using our contact form in our Help Center. Click&Boat gathers some of your personal data in accordance with current legislation and the information set out in its Privacy Policy. You agree to this processing of personal data and acknowledge it by using the Site or the application and following your registration as a member. 15.1 Click&Boat's intellectual property and copyrights "Click&Boat" and the logo appearing on the Site are registered trademarks and remain the sole property of Click&Boat. No licence is granted to the User. Click&Boat is the owner of the intellectual property rights relating to the Service and the Site, and in particular relating to the software components, ergonomics, layout, graphic elements, logo and design of the Site. The User undertakes not to infringe in any way the intellectual property rights held by Click&Boat. Users are solely responsible for the Content and hold Click&Boat harmless against any claim relating to the Content or the violation of the rights of third parties and current legislation and undertake to compensate Click&Boat for any damage caused to it and to reimburse it for any damages and legal advice costs that it incurs in this respect. Each User grants a non-exclusive right to reproduce, represent, modify, translate, adapt and sublicence the Content free of charge for the duration of the copyright and for the entire world, on any other digital, analogue or paper medium, for commercial or non-commercial purposes. 15.2 Intellectual property and copyright of Users and third parties Click&Boat respects the rights of intellectual property, and asks its Users to make the same commitments. The User undertakes to respect the copyrights of other Users, as well as those of third parties, as defined in the Intellectual Property Code. Click&Boat reserves the right to deactivate or terminate the account or access of Users who violate, or are repeatedly accused of violating, the copyrights or other intellectual property rights of others. Click&Boat will deal with claims of copyright infringement committed by a User after the complainant has been reported, who must send a notice of alleged copyright infringement in due form by using our contact form in our Help Center. 16. Autonomy of clauses and divisibility If any provisions of the GTCU are declared null and void in application of a law or regulation or following a final decision of a competent court, the other provisions shall remain in full force and effect, to the extent permitted by this decision. In addition, the fact that a party does not take advantage of the other party’s breach of any of the provisions of the GTCU may not be construed as that party’s waiver of its right to take advantage of such a breach in the future. 17. Connection indicators When Users access the Site, a connection indicator (or "local storage" or "cookie") may be automatically installed and temporarily stored in the memory or hard disk of Users’ computers to facilitate browsing on the Site. Cookies are used to record information about the use of the Site (such as pages viewed, date and time of access, etc.). Users have the right to object to the installation of cookies by altering their browser settings. However, this will result in the deletion of all cookies used by the browser, including those used by other websites, which may lead to the alteration or loss of certain settings or information. The deletion of cookies may modify browsing or even make it difficult for the User on the Site. In this regard, see the advice on how to modify these options according to the browser used, accessible in the "your traces" section of the CNIL website: www.cnil.fr. 18. Publication - hosting Publication director: Mr. Edouard Gorioux. Host: Amazon Web Services, Inc. P.O. Box 81226 Seattle, WA 98108-1226 http://aws.amazon.com 19. Applicable law These GTCU are exclusively governed by French law. No claims can be considered by Click &Boat in the absence of a Contract signed between the Renter and the Owner. Any claims should be sent to Click&Boat within 24 hours of the Boat’s occupation by using our contact form in our Help Center. Click& Boat is not a party to contracts between Renter and Owners; its role is limited to assisting both parties in finalising an amicable agreement.