Terms & Conditions

Last Updated: These terms and conditions (these “Terms”) were last updated on June 23, 2022. These Terms constitute a contract between you and ClickandBoat, USA LLC, a Delaware limited liability company (“Click&Boat,” “we,” “us,” or “our”) governing your access to and use of the website located at https://www.clickandboat.com/us/ (the “Site”), the Click&Boat mobile application (the “App”), and all related content, and your activity and transactions on the Site and App, including your Booking, Listing, or Rental of a Boat (as such terms are defined in Section I below). For supplemental terms and conditions that apply to a Time Charter, please find those supplemental terms and conditions located below (the “Time Charter Supplemental Terms”). By creating a user account or registering your Boat, you agree to be bound by these Terms and, if applicable, the Time Charter Supplemental Terms. The Site, the App, and all related services, features, and functionality are collectively referred to as the “Services”. “You” and “your” refers to (a) you, the individual accessing or using the Services, (b) any electronic agent accessing or using the Services on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing or using the Services. BY ACCESSING THE SITE OR APP, OR BY ACCEPTING THESE TERMS WHEN REGISTERING FOR AN ACCOUNT WITH THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. THESE TERMS GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, INCLUDING THAT WE MUST ARBITRATE CERTAIN CLAIMS THROUGH BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION WHEN YOU SIGN UP. UNLESS YOU OPT OUT, YOU WILL ONLY BE PERMITTED TO BRING CLAIMS AGAINST US AND SEEK RELIEF ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT CLICK&BOAT IS NOT A PARTY TO ANY RENTAL AGREEMENT OR ANY OTHER AGREEMENT ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS CLICK&BOAT A BOAT BROKER, AGENT, INSURER, OR MONEY TRANSMITTER. CLICK&BOAT HAS NO CONTROL OVER THE CONDUCT OF THE OWNERS, RENTERS, AND OTHER USERS OF THE SITE, THE APP, AND THE SERVICE OR ANY BOATS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. I. Definitions In addition to the other terms defined herein, the following terms shall have the following meanings: “Account” means your account for the Services. “Additional Options” means any optional services offered by Owner in a Listing, including provision of linens, bedding, and Boat cleaning. “Bareboat Rental Agreement” is an agreement between the Rental Parties for a Bareboat Rental, which transfers to the Renter all responsibility for the Boat, including but not limited to, full possession, control, use of, and responsibility for manning, provisioning, and maintaining the Boat from the Start Date to the End Date. “Bareboat Rental” means the rental of a Boat from a Boat Owner to a Renter through a Bareboat Rental Agreement. “Boat” means any vessel offered as a Rental through the Services. “Booking” means any booking(s) of a Boat made by a Renter through the Services. “Click&Boat Booking Fee” means a fee for a Rental, paid by the Renter to us. “Click&Boat Commission” means our commission for the Services, paid by the Owner to us. “End Date” means the last date of the Rental. “Inventory” means a description of the condition of the Boat included in the Rental Agreement, including the check-in inventory before the start of the Rental, and the check-out inventory and any damage report, after the end of the Rental. “Listing” means a description of a Boat available for Rent, submitted through the Services by an Owner. “Owner(s)” means a natural person(s) or legal entity(ies) that has the necessary rights and/or title to a Boat to create and manage a Listing. “Owner Price” means the Rental price determined by the Owner, less the Click&Boat Commission. “Rental Agreement” means an agreement between the Rental Parties. A Rental Agreement can be either a Bareboat Rental Agreement or a Time Charter Rental Agreement. “Rental Form” means the form located at https://www.clickandboat.com/#cv. “Rental Parties” means the Owner and the Renter and “Rental Party” means the Owner or the Renter, as applicable. “Rental Price” means the price displayed in the Listing, including the Owner Price and the Click&Boat Booking Fee, but excluding Additional Options. Unless otherwise specified in the Listing, the Rental Price does not include the Boat’s mooring in the port, or fuel. “Rental(s)” means a rental of a Boat pursuant to a Rental Agreement. A Rental can be either a Bareboat Rental or a Time Charter. “Renter” or “Renters” means any natural person or legal entity that obtains the right to temporarily use a Boat through use of the Services through a Rental. “Security Deposit Refund Option” means an option that Click&Boat or a third party insurer may make available to Renters that insures their security deposit for a Rental so that such security deposit will be refunded in full after the completion of the applicable Rental. “Start Date” means the first day of the Rental. “Time Charter” means a Rental of a Boat pursuant to a Time Charter Rental Agreement. “Time Charter Rental Agreement” is an agreement between the Rental Parties for a Time Charter Rental, whereby the Owner makes the Boat available to the Renter, but the Owner remains responsible for all aspects of operating the Boat including, without limitation, manning, provisioning and maintaining the Boat and ensuring compliance with all applicable Coast Guard, local, state and federal laws for the specific type of operation of the Boat. II. Modifications We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Site or App, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site or App, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site or App following the posting of changes or modifications will confirm your acceptance of such changes or modifications. III. Your Relationship with Click&Boat CLICK&BOAT IS A VENUE AND IS NOT A PARTY TO ANY RENTAL AGREEMENT OR OTHER TRANSACTION BETWEEN THE RENTAL PARTIES OR ANY OTHER USERS OF THE SERVICES. Click&Boat is Only a Venue. Click&Boat acts as a venue for Rental Parties to facilitate the Listing and Booking of Boats. Click&Boat is not a party to any Rental Agreement or other transaction between the Rental Parties. As such, Click&Boat has no control over the accuracy or correctness of the content or information provided or used by such Renters and Owners. Any part of an actual or potential transaction between a Renter and an Owner, including the condition, quality, safety, or legality of the Boats advertised, the truth or accuracy of the Listings (including the content thereof or any review related thereto), the ability of Owners to rent a boat to Renter, or the ability of Renters to pay for the Rental or operate the Boat are solely the responsibility of each Rental Party. Owner acknowledges and agrees that Owner is solely responsible for the compliance and safety of the Renter(s) who rent Owner’s Boat. You agree to take all reasonable precautions in ensuring the accuracy and reliability of any Rental Partygenerated content. We are also not responsible for the condition of any Boats listed on the Services or the compliance with laws, rules, or regulations that may be applicable to boat operation, maintenance, rental or charter in any jurisdiction. As between Click&Boat and the Rental Parties, Owner acknowledges and agrees that Owner is solely responsible for ensuring compliance with laws, rules, regulations and insurance requirements that may be applicable to boat operation, maintenance, rental or charter in the jurisdiction in which owner operates or is otherwise located. Renter is solely responsible for satisfying themselves that any Boat rented complies with any legal, safety or insurance requirements for such Rental, and the Rental Parties have exclusive responsibility for such compliance. Separate Rental Agreement. The Rental Parties acknowledge and agree that they will be required to enter into a separate Rental Agreement prior to the start of a Rental and such Rental Agreement may place additional restrictions on your Booking, product, or service. Any Rental Agreements relating to a Boat or related products or services are under the sole control of any Owner and a Renter. Click&Boat may provide a form Rental Agreement to be used in Rental transactions with Owners, but Click&Boat disclaims all liability associated with such form Rental Agreement and is not providing legal advice by providing such form to you. Release and Indemnity. IN THE EVENT OF A DISPUTE BETWEEN A RENTER AND AN OWNER, RENTER AND OWNER, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND, AND HOLD HARMLESS CLICK&BOAT, ITS CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING (COLLECTIVELY, THE “CLICK&BOAT PARTIES”) FROM AND AGAINST ALL DAMAGES, LOSSES, CLAIMS, DEMANDS, SUITS, OR OTHER PROCEEDINGS, AND ALL RESULTING LIABILITY, COST, AND EXPENSE (INCLUDING ATTORNEYS’ FEES) INCURRED IN CONNECTION WITH THE INVESTIGATION, RESOLUTION, DEFENSE OR SETTLEMENT THEREOF, IN CONNECTION WITH SUCH DISPUTES, INCLUDING WITHOUT LIMITATION, DISPUTES ARISING OVER OR RELATING TO BREACH OF THE RENTAL AGREEMENT, BREACH OF ANY OTHER SEPARATE AGREEMENT OR TRANSACTION, AND/OR THE SUBSTITUTION OF RENTALS. IV. Conditions for Use of the Services To use the Services, you must meet the following requirements. 1. Unless you reside in Alabama or Nebraska, you must be 18 years or older to use Click&Boat's Services. For residents of Alabama and Nebraska, you must be 19 years or older to use Click&Boat’s Services. By accessing or using these Services, you represent and warrant that you are the age of majority or older in your jurisdiction. 2. The information in your Account must be current, accurate, and complete at all times, including your current email address and mobile phone number. If you are an Owner, you must also maintain the current ownership status and the condition of your Boat. If you are a Renter, you must maintain current evidence and/or information about the completion and status of any boating safety education course, boater card or license required by the state in which you are renting a Boat pursuant to these Services. 3. If you are a Renter, you must complete our Rental Form with true and accurate information, and you must submit to the Owner either: (i) a copy of your current boating license or driver’s license if such licenses are required by applicable law; or (ii) other proof or documentation that Renter may operate a Boat as may be required by applicable law, or as otherwise as requested by the Owner. For Time Charter Rentals, Owners shall ensure that any captain of a Boat is licensed by the United States Coast Guard to allow such captain to operate a Boat and otherwise has all necessary licenses, credentials, and qualifications to operate a Boat. Please review the Time Charter Supplemental Terms for additional requirements relating to Time Charters. 4. If you are an Owner or an authorized representative of the Owner, you must provide written proof of Boat ownership (such as the title or registration), or other information to confirm such ownership, as requested by Click&Boat. 5. You authorize Click&Boat, directly or through third parties, to make any inquires we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, and other information regarding you. Click&Boat reserves the right to close, suspend, or limit access to the Services in the event that we are unable to obtain or verify any of this information. 6. You must comply with all applicable local, state and federal laws and regulations, including applicable United States Coast Guard Regulations, and International and Inland Rules, for the duration of your Rental. 7. Neither you nor your listed Boat may be located in a country that is subject to a U.S. government embargo or a country that has been designated by the U.S. government as a “terrorist-supporting” country. 8. You represent and warrant to us that you are not listed on any sanctions list or U.S. government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals and Blocked Persons List (“SDN List”) administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). V. Accounts, Passwords, and Security Portions of the Services require you to set up an Account, including a login ID and password. Your Account is non-transferrable and non-assignable. You are solely responsible for maintaining the confidentiality of your Account information, including your login ID and password, and you are solely responsible for all activity that occurs under your Account. You agree to notify Click&Boat immediately upon learning of any unauthorized use of your Account. Click&Boat shall not be liable for any loss or damage arising from your failure to comply with these obligations. VI. Owner Listing 1. An Owner may publish one or more Listings, subject to these Terms. Each Owner is solely responsible for the content of the Listings published on the Site or App and for the accuracy and truthfulness of the information included in the Listing. You acknowledge and agree that the Listings will be made publicly available via the Services. 2. The Listing must include at least one photo of the Boat, and specify: 2.1 The characteristics and location of the Boat; 2.2 If the mooring in the home port is included in the Rental Agreement; 2.3 The yachting qualifications required for the Boat use in the event of a Rental or if the presence of a sailing professional is required; 2.4 The dates the Boat is available; 2.5 The daily Owner Price chosen according to the availability dates; 2.6 The amount due per hour or per day if there is a delay in returning the Boat; 2.7 The amount of any security deposit required for the Rental; 2.8 Any Additional Options offered with the Listing; and 2.9 The conditions for cancelling the Rental arrangement determined by the Owner. 3. With Rentals, the Owner Price is determined by the Owner, and must include the Click&Boat Commission. 4. In the Listing published on the Site, Click&Boat will display the Rental Price corresponding to the total price to be paid by Renter, which includes (i) the Owner Price, and (ii) if applicable, the Additional Options. This price includes all taxes and excludes fuel costs, unless otherwise specified in the Listing. 5. In connection with the Rental, Owners 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. 6. By publishing a Listing on the Site, 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. 7. Click&Boat does not permit Listings associated with certain countries subject to U.S. government embargo restrictions, and Owner shall not submit a Listing when the Owner or the Boat is located in a country that is subject to a U.S. government embargo. Click&Boat may remove any Listing that it suspects may be in violation of this Section at any time without prior notice. VII. Insurance 1. Owners’ Insurance Requirements 1.1 Owners may only submit Listings for Boats that are covered by insurance. 1.2 Owners shall notify the providers of their annual recreational boat insurance of their Rental activities. Owners must provide Click&Boat with proof of insurance showing that the Boat is insured for Rental activities, including coverage for peer-to-peer Rental activities. If available, Click&Boat may be able to provide daily insurance through an all-risks recreational boat insurance contract with its partner insurer (“Policy”). Owners who take out this Policy then undertake to accept and comply with the Terms of the partner insurer, which can be provided by Click&Boat upon request. Owners shall 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 or App. 1.3 Taking out this Policy implies compliance with these Terms by the Rental Party, and in particular the signature of a Rental Agreement including an Inventory before and after use of the Boat. “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 authorized representative) at the time of the handover of the Boat. 1.4 The amount due for this Policy will be directly deducted by Click&Boat on behalf of the partner insurer from the share of the Owner Price paid to the Owner. 2. Renters’ Insurance Requirements 2.1 It is the Renter’s responsibility to review the insurance for their Rental. Please review any insurance policy carefully, and in particular, please make sure you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Renters or Owners (and the individuals the Renter invites to the Rental, if applicable) while on the Boat. 2.2 Click&Boat offers the Renter, at the time of Booking, the possibility to subscribe to an additional personal insurance with a third party insurer, AWP P&C (Commercial name ‘Alliance Assistance). For more information about this insurance coverage, please review the information provided by Allianz Assistance here: https://static1.clickandboat.com/v1/o/docs/CLICKANDBOAT_Convention_07122020_E N.pdf VIII. Renters’ Booking Offer for a Boat A Renter may make a Booking offer for a Boat (the “Booking Offer”) by using the Services to select a Boat, a Rental Start Date and End Date, and, if applicable, any Additional Options proposed by the Owner in the Listing. When making a Booking Offer, Renters shall provide their payment details and agree to (i) pay in advance the full amount of the Rental Price by debit or credit card (as set forth below in Section XIII), and (ii) authorize Click&Boat to request the deduction of the security deposit from their bank accounts as set forth in these Terms. Owners may accept or refuse a Booking Offer in their sole discretion. Owners have 72 hours from the time of the submission of a Booking Offer to accept the Booking Offer. After this period, the Booking Offer will lapse and the Renter will not be charged. IX. Boat Bookings 1. The amount of the Rental Price is kept by Click&Boat or its agents in a segregated account until the Owner has actually been paid or the Renter has been reimbursed. 2. Once the amount of the Rental Price has been deducted from the Renter’s bank account and the Renter has authorized the deduction of the security deposit, Click&Boat communicates to each Rental Party the other Rental Party’s personal information and contact details. The Rental Parties shall use this information only in connection with the Rental arrangement, and not to enter into direct contact in the future in view of concluding a Rental Agreement. 3. On the Start Date, the Owner and the Renter shall carry out an Inventory before use in the presence of both Rental Parties or their duly designated representatives, and to sign a Rental Agreement together. 4. On the End Date, the Owner and the Renter shall carry out an Inventory after use in the presence of both Rental Parties or their duly designated representatives. 5. 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. X. Security Deposit 1. General 1.1 Click&Boat provides a security deposit management tool to facilitate financial transactions between Rental Parties. The Owner may require a security deposit for the Rental, as may be indicated in the Listing, which may be in the form of a check, card imprint or debit card to their credit or bank card for the amount indicated in the Listing. 1.2 The entity managing the security deposit is specified in the Rental Agreement; it can be managed by Click&Boat or by the Owner. Click&Boat will not be able to manage a security deposit and a claim file for a Rental where the Rental Agreement stipulates that the security deposit is managed by the Owner or that the amount of the security deposit is not filled in and/or indicated as USD $0.00. 1.3 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-authorization for direct debits. 1.4 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 Rental Parties as to whether the security deposit is payable. 1.5 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 resolved using the dispute mechanism set forth in the Rental Agreement. 1.6 The Rental Parties 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 the Rental Parties. 2. Security Deposit Managed by Click&Boat 2.1 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. 2.2 Within twenty-four (24) hours following the end of the Rental, the Owner may open a claim file in Click&Boat’s system if Owner notices any damage to their Boat that was not included in the Inventory Before Use taken at the Rental Start Date. The twenty-four (24) hour period may be extended in the event of non-visible damage, upon presentation that the damage is attributable to the Renter by providing the following proof directly from the Services: the Rental Agreement signed by each of the Rental Parties, the Inventory Before Use and the Inventory after use signed by the Rental Parties, photos or videos (dated) of the damage, documentation showing cost of repair (e.g., estimate from mechanic or paid invoice) and any other proof requested by Click&Boat. In the event that the Inventory Before Use and Inventory 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 retain the security deposit, in its sole discretion. 2.3 Click&Boat will investigate the claim filed by the Owner by reviewing invoices, proof of damages, and other relevant documentation submitted by the Rental Parties within a reasonable period of time after receipt of the Owner’s claim email. 2.4 The Owner undertakes to provide all the documents requested by Click&Boat when processing the file, and to choose the most competitive estimate for the repairs. Click&Boat may require the Owner to submit two different estimates in order to ensure that the repair costs are correctly estimated. 2.5 Click&Boat will only refund the amount of the security deposit shown in the final invoice, such amount to be determined in Click&Boat’s absolute and sole discretion, to the Owner upon presentation of the final invoice or a pro-forma invoice, unless both parties agree in writing otherwise. For clarity, the full security deposit may not be refunded in full in all circumstances. 2.6 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. 3. Security Deposit Managed by the Owner Where the Rental Agreement stipulates that the security deposit is managed by the Owner or that the amount of the security deposit is not filled in and/or indicated as USD $0.00, Click&Boat is not involved in such security deposit claims. Owner acknowledges and agrees that Click&Boat disclaims any and all liability in association with any such security deposit. 4. Renter Security Deposit Refund Option 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 such Option apply. XI. Obligations of the Rental Parties 1. Obligations of Rental Parties 1.1 The Rental Parties represent, warrant and covenant that they shall: 1.1.1 Execute the Rental Agreement and the Inventory Before Use prior to the start of the Rental; 1.1.2 Comply with all requirements of the marina or harbor where the Boat is harbored (i.e., the port from which a Boat primarily operates); and 1.1.3 Complete and sign the Inventory Before Use and Inventory after the Rental in the presence of both Rental Parties to document the condition of the Boat prior to and immediately after the Rental. 1.2 All Rental Parties are responsible for archiving the information that can be viewed on the Services on a memory device separate from the Services, which they may need for providing evidence, for accounting purposes, etc. 2. Specific Obligations of Owners 2.1 Owners represent, warrant and covenant that they shall: 2.1.1 Be able to prove at any time that they are the Owners of their Boats and that each Boat is free from any encumbrances that may conflict with the Owner’s obligations under a Rental Agreement; 2.1.2 Have properly declared and registered their Boats with the appropriate authorities; 2.1.3 Only make Booking Offers with 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; 2.1.4 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 Section VII(1) (Owners’ Insurance Requirements), and be able to present a valid insurance certificate upon the first request of Click&Boat or the Renter; 2.1.5 Verify Renters’ identities before signing a Rental Agreement; 2.1.6 Check that the bank or credit card used to pay for the Rental Agreement belongs to Renters at the time the Boat is rented and occupied; 2.1.7 Verify that Renters hold the qualifications specified in their Rental Form or licenses required for sailing the Boat if required by applicable law; 2.1.8 Check that the name displayed on the Rental Agreement matches the ID documents presented by Renters, as well as the bank or credit card used to pay for the Rental Agreement presented on the Start Date; 2.1.9 Inform Renters in the Listing or the Rental Agreement of any coverage not provided by the Owners’ insurers; and 2.1.10 Provide Click&Boat with the Rental Agreement signed by both Rental 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 Price if they are unable to provide these documents. 2.2 Owners represent, warrant and covenant to Click&Boat that (a) listing and renting their Boats as contemplated in these Terms will not violate or breach its agreement with the marina or port where such Boats are home-ported nor will such listing or renting violate the policies of such marina or port; and (b) its insurance permits the rental activities contemplated by these Terms and includes coverage for peer-to-peer rental activities. 2.3 Owners are required to provide Renters with an invoice for the Rental Price, at Renter’s first request. 3. Specific Obligations of Renters 3.1 Renters represent, warrant and covenant that they shall: 3.1.1 Be the owners of the account or payment card used to secure the Rental and any security deposit; 3.1.2 From the Start Date through 24 hours after the End Date, maintain requisite funds in their bank account used to secure the Rental, or maintain requisite available credit in its payment card used to secure the Rental, to cover the amount of the security deposit for the Rental; 3.1.3 Check, before signing the Rental Agreement, 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; 3.1.4 Notify Click&Boat, through their Accounts, less than 2 hours after first becoming aware of any dispute/disagreement over the Listing or the Boat; 3.1.5 Pay any fines they have incurred during the Rental, at the Owner’s first request; 3.1.6 Show up at the time scheduled for the Booking to meet with the Owner or their representative; 3.1.7 Sign the Rental Agreement at the check-in and to take charge of the Boat; 3.1.8 To carry on board only the number of people corresponding to the Boat’s safety equipment, and as permitted by applicable law; 3.1.9 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; 3.1.10 Not be intoxicated, inebriated, medically or mentally incapable of navigating/operating the Boat; 3.1.11 Return the Boat to the Owner with all its equipment in the same condition as in the Inventory Before Use on the Rental Start Date, in a clean and proper state, within the stipulated deadline; 3.1.12 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; and 3.1.13 Return the Boat to its port of departure, unless otherwise agreed in writing by the Owner. XII. Cancellation of Bookings 1. General 1.1 The Rental Parties must notify Click&Boat of any cancellations of any Bookings in advance in writing via their Accounts according to the cancellation procedure described on the Site. 1.2 A cancellation only becomes effective after Click&Boat has sent an e-mail notifying the cancellation to the Rental Parties. 2. Cancellations Due to Force Majeure or Weather Cancellation 2.1 For purposes of these Terms, a “Force Majeure Event” means an event that is not within the reasonable control of the Party claiming suspension (the “Claiming Party”), and that by the due diligence of the Claiming Party is unable to avoid or overcome in a reasonable manner. In the event of a cancellation of a Booking due to a Force Majeure Event, 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. Owners will not receive the amounts due to them (Owner Price minus the Click&Boat Commission). 2.2 For purposes of these Terms, a “Weather Cancellation” means the cancellation of a Booking because of heavy weather that renders boating potentially life-threatening including, without limitation, wind force that is higher than 6 on the Beaufort Scale, provided, however, that Click&Boat can verify the existence of such condition. In the event of a Weather Cancellation, 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. Owners will not receive the amounts due to them (Owner Price minus the Click&Boat Commission). 2.3 If the Rental Agreement was for a period of more than one day, even if a Force Majeure Event or a Weather Cancellation should occur, Click&Boat will not refund the Rental Price. 3. Owner’s Limited Right to Cancel 3.1 Owners may not cancel Rental Agreements they have accepted, except in the event of a Force Majeure Event or a Weather Cancellation. Owners may otherwise request to cancel a Booking because: (i) Renters are unable to provide evidence of the license, qualifications, or other information as indicated in their Rental Form or (ii) Owner’s request to cancel a Booking is justified by Renter’s obviously insufficient yachting or boating skills, observed in real conditions by Owners on the Start Date (excluding Renters’ inability to provide evidence of their diplomas or qualifications). In the event of a cancellation covered by this Sub-Section (XII)3.1, Owners will receive the Owner Price, and Renters are not entitled to the reimbursement of the Rental Price from Click&Boat. In no event, are Owners entitled to receive the Click&Boat Commission. 3.2 In the event of an Owner cancellation not covered by Sub-Section (XII)3.1 above, the Click&Boat Commission will be invoiced to the Owner. 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, App, or the Services. The Renter will be fully refunded the Rental Price minus the Click&Boat Commission within fifteen (15) days. The Owner will not receive the Owner Price. 3.3 After two cancellations without cause by Owner, Click&Boat reserves the right to delete an Owner’s Account, impose an administrative fee on an Owner, or take any other measures Click&Boat deems reasonably necessary in its sole discretion. 4. Renter’s Right to Cancel 4.1 Renters may cancel Bookings according to the cancellation terms specified by the Owner in the Listing. 4.2 Notwithstanding an Owner’s cancellation terms, Renter shall not be reimbursed for any part of the Click&Boat Commission, the amount of which shall be deducted from any funds payable to Renter in the event of Renter’s cancellation, and remitted to Click&Boat. 5. If the Boat Does Not Match the Listing 5.1 If the Boat does not match the Listing in a material way from what has been published, Renters should notify Click&Boat before the Rental starts, providing all supporting documents. 5.2 Renters should decide whether or not they wish to cancel the Rental Agreement. 6. If a Breakdown Occurs During the Rental Period 6.1 If during the Rental, the Boat is not able to be used for its intended purpose agreed to by the Rental Parties in the Rental Agreement due to no failure, negligence, or intentional misconduct or misuse by the Renter (“Breakdown”) and the Breakdown exceeds: a) 23 hours for Rentals over one day or b) 2 hours for one day Rentals, the Renter may at their discretion, terminate the Rental Agreement and neither Rental Party shall be entitled to any other right or remedy otherwise available to such Rental Party. 6.2 If the Rental Parties decide to maintain the Rental Agreement, they may under no circumstances request reimbursement of the Rental Price for any reason in respect of this Booking. 6.3 If the Rental Parties agree to terminate the Rental Agreement, the Rental Parties both must notify Click&Boat via the online form available on the Site: https://help.clickandboat.com 6.3.1 In the event of a Breakdown that interrupts the rental for two hours or more for a 1-day Rental or 24 hours or more for a Rental that lasts multiple days, the Renter can receive a full refund (minus the Click&Boat Commission) by immediately contacting Click&Boat as required by these Terms. If the Renter continues with the Rental and does not seek to terminate the Rental due to a Breakdown, the Renter will not be entitled to a refund of any kind. 6.3.2 In the event that the Rental Parties agree to proceed with a Rental despite a Breakdown, then the Rental Parties hereby release Click&Boat from any liability to refund the Renter the pro-rata amount of the Rental Price for the period of time the Boat was not available for use due to the Breakdown. 7. Cancellations at Click&Boat’s Election In some cases, Click&Boat may have to cancel a Booking (termination of collaboration with an Owner, non-fulfilment of a Rental Party’s obligations, inability to verify a Rental Party’s identity or other information, 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 for such Rental. Under no circumstances will Click&Boat have any liability for such cancellation. XIII. Terms of Payment for Rental Agreements 1. Renters shall pay the Rental Price for each Rental in advance by debit or credit card through the Services via the Stripe payment solution once the Owner has accepted the Booking Offer. You also authorize Click&Boat to share with Stripe transaction information related to your use of the payment processing services provided by Stripe. For clarity, although some payment processing services provided by Stripe may be money transmission, as such term is defined under applicable law, Click&Boat’s provision of the Services is not money transmission. You understand and agree that Click&Boat serves as a limited authorized payment agent of the Owner for the sole purpose of accepting a Renter’s payment on behalf of the Owner. 2. Chargeback Policy. If Renter disagrees with or disputes any charges paid in connection with the Site or a Rental, before any dispute is lodged with Renter's credit card company, Renter must first provide Click&Boat with a detailed written explanation of such disputed sum within fourteen (14) days of the charge, and the parties shall engage in a discussion related to same. RENTER’S FAILURE TO PROVIDE TIMELY NOTICE TO CLICK&BOAT OF SAID DISPUTE VOIDS ANY CLAIM OR DISPUTE BY RENTER THAT RENTER MAY HAVE HAD AGAINST CLICK&BOAT, ITS AFFILIATES AND THEIR RESPECTIVE AGENTS. At Click&Boat's request, Renter shall provide any additional written explanation or details and/or supporting documentation, in the format desired by Click&Boat. RENTER SHALL NOT DISPUTE VALID CHARGES ASSESSED IN ACCORDANCE WITH THESE TERMS. The Rental Parties understand and acknowledge that Click&Boat acts merely as a conduit for reservations and payments between Renters and Owners, and Owner assumes all Rental payment risk. IF A RENTER OBTAINS A CREDIT CARD CHARGEBACK AGAINST CLICK&BOAT, FOR ANY REASON, AND CLICK&BOAT HAS ALREADY PAID ALL OR A PORTION OF SUCH AMOUNT TO OWNER, THEN OWNER SHALL IMMEDIATELY (WITHIN FIVE (5) DAYS UPON RECEIVING WRITTEN DEMAND FOR SAME) RETURN TO CLICK&BOAT ALL SUCH AMOUNTS. Click&Boat will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount. If an Owner is paid for a trip erroneously or a chargeback takes place, Click&Boat will first attempt to debit the funds from the provided bank account. Click&Boat may collect all future payouts until the erroneous payment or chargebacks have been resolved. 3. As an exception, and subject to Click&Boat’s express agreement, the Renter may pay by bank transfer. 4. Renters pay the Rental Price in a single installment. 5. As an exception, the Renter may pay in two installments if: 5.1 the amount of the Rental Agreement is more than $500 USD, and 5.2 the Rental Agreement begins more than forty-five (45) days after the Booking. In the event that the Renter pays in two installments, the Renter shall pay a deposit of an amount defined according to the cancellation conditions of the Listing set by the Owner, and the balance thirty (30) days before the Start Date. If the Renter has not paid the full Rental Price by twenty-five (25) days before the Start Date, the Rental Agreement will be automatically cancelled 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 Owner in the Listing. 6. Click&Boat undertakes to transfer to the Owner’s account the Owner Price from which is deducted the Click&Boat Commission, within seventy-two (72) hours of the Start Date, unless Click&Boat is notified of a claim before 2:00 PM on the Start Date. The time to receive the funds depends on your geographical area and bank delays. 7. If the Renter does not pay the full Rental Price within twenty-five (25) days before the Start Date, the Rental Agreement will be automatically cancelled by Click&Boat. The Renter will not be reimbursed for any partial amount of the Rental Price already paid. 8. Click&Boat will issue an invoice to Owners for the amount of Click&Boat’s Commission, which will be downloadable directly into their Account. 9. You should understand that you are solely liable for all losses you incur when lost or stolen payment credentials or accounts are used by a Rental Party or any third party. For the avoidance of doubt, Click&Boat does not and will not insure you against losses caused by fraud under any circumstances. For example, if someone pretends to be a legitimate Renter, but does so under false or fraudulent circumstances, you will be responsible for any resulting costs, including credit card disputes, even if the Rental has been rendered. Click&Boat may use reasonable efforts to work with you to assist you or law enforcement in recovering lost funds, but Click&Boat will not be liable to you, or responsible for your financial losses or any other consequences of such fraud in any way. 10. You shall be responsible for payment of all taxes due in connection with your Rental through the Services. You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors, including determining local indirect taxes and any applicable taxes to be collected or obligations relating to applicable taxes in the Listing. Click&Boat cannot and does not offer tax-related advice to you. The Internal Revenue Service (“IRS”) requires that all US companies operating as a third party settlement organization (“TPSO”) report any information concerning third network transactions of any participating payee only if, for the calendar year: (i) the gross amount of total reportable payment transactions exceeds $20,000 and (ii) the total number of such transactions exceeds 200. If a business makes payments via a TPSO as well as cash or check to the same independent contractor, the TPSO will be required to report the amount of reportable transactions that exceed the de minimis thresholds on a Form 1099-K. If you cross both IRS thresholds in a calendar year, Click&Boat will provide you with a Form 1099-K. XIV. Rental Party Reviews 1. Each Rental Party may evaluate the other Rental Party with whom they have concluded a Rental Agreement by writing a comment or through a rating system provided on the Services. A review may only be published after the End Date. 2. The comment and rating will be published on the public profile of the relevant Rental Party. 3. Listings will be ranked according to the quality of comments or notes, the frequency of Bookings and the speed of Owners’ responses. 4. A Rental Party cannot delete any comment or review written by another Rental Party. 5. A Rental Party may inform Click&Boat of any comments that do not comply with these Terms by sending us a message here: https://help.clickandboat.com 6. Click&Boat reserves the right to delete any comments it determines, in its sole discretion, to be in violation of these Terms (including if such comments are offensive, discriminatory, or inconsistent with good conduct or public order), and to terminate the accounts of any Owner or Renter that repeatedly posts objectionable or inappropriate comments. XV. Ownership of the Services Click&Boat owns or licenses all right, title, and interest in and to the Services, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”), and the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. For the avoidance of doubt, “Content” does not include any Third-Party Materials (defined below) or any features or services made available through third party websites. XVI. Limited License Click&Boat grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Services solely for your personal or internal use and subject to the condition that you do not, and do not allow any third party to, copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Services, or any other Content available via the Services. All rights not expressly granted to you in these Terms are reserved and retained by Click&Boat. XVII. Prohibited Uses of the Services 1. In accessing and using the Services, you shall not: 1.1 Upload or transmit any message, information, data, text, software, images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable in our sole discretion, or that may invade another’s right of privacy or publicity; 1.2 Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Click&Boat representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; 1.3 Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships, including any material relating to a Boat to which you do not have the requisite legal rights; 1.4 Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property; 1.5 Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; 1.6 Use any of the Services’ communication features in a manner that adversely affects the availability of its resources to other users; 1.7 Upload or transmit any unsolicited advertising, promotional materials, or any other form of solicitation, commercial or otherwise unless posted by an Owner and related to a Listing; 1.8 Violate any applicable law, regulation, ordinance or any other legal requirement; 1.9 Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any person; 1.10 Delete or revise any material posted by any other person; 1.11 Probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems; 1.12 Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any person for any products or services if you are not expressly authorized by such person to do so; 1.13 Harvest or otherwise collect information about other persons, or about any of the Boats listed through the Services; 1.14 Use any modified versions of the Services, for any reason whatsoever, without the express written consent of Click&Boat; 1.15 Attempt to gain any unauthorized access to the Services or any of its associated Content, including computer systems, software, or networks; or 1.16 Use any robot, spider, scraper, or other automated or manual means to access the Services, including any publically accessible portions of the Services, or copy any Content or information thereon. 2. Any of the following uses or attempted uses of the Services is prohibited and will constitute a material breach of these Terms: 2.1 Using the Services in an unlawful, unauthorized, fraudulent or malicious manner. 2.2 Damaging, disabling, overburdening, or impairing any server, or the network(s) connected to any server; 2.3 Interfering with any other person’s use and enjoyment of the Services; 2.4 Gaining unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; 2.5 Accessing systems, data or information not intended by Click&Boat to be made accessible to a user; 2.6 Attempting to obtain any materials or information through any means not intentionally made available by us; 2.7 Using the Services for any use other than the purpose for which it was intended; and 2.8 Using the Services in violation of U.S. laws including, without limitation, sanctions laws. Upon Click&Boat’s request, you shall provide Click&Boat with verification of your compliance with this Section consisting of: (i) copies of export licenses, permits, or authorizations granted by the applicable U.S. government agencies; (ii) citizenship verification information; (iii) evidence of completed screening for denied parties, including screening against OFAC’s SDN List, the Denied Persons, Entity and Unverified Lists maintained by the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”), Nonproliferation Sanctions List maintained by the U.S. Department of State, and any other lists incorporated into the Consolidated Screening List maintained by the U.S. Government at Export.gov (collectively, “Denial Lists”); and (iv) any other relevant documentation that Click&Boat might reasonably request. Your obligations under this Section shall survive any termination, expiration or discharge of any other contract obligations. You represent and warrant that you are in compliance with, and shall not cause Click&Boat to violate, any requirements and regulations related to the Denial Lists. In the event of any breach of the foregoing warranty, these Terms shall be deemed void ab initio. You agree to notify Click&Boat immediately upon learning of any such violation. 3. You shall not do any of the following without our express prior written consent: 3.1 Link or “deep link” to any portion of the Services; 3.2 “Frame” any portion of the Services, or otherwise cause any portion of the Services to appear in a window with any other material that does not constitute Content; 3.3 Cause the hyperlink to any portion of the Services to be displayed in any way that is disparaging to Click&Boat or its affiliates; 3.4 Imply or state that any type of relationship exists with Click&Boat and any other entity; or 3.5 Use any logo or trademark of Click&Boat as a hyperlink “button” or in any other manner. 4. You shall promptly remove any hyperlink to the Services upon our written request. 5. Click&Boat reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your Account or disclosure to authorities as permitted by these Terms or required by law. XVIII. Suspension/Termination/Modification of Services Click&Boat reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the Services and your Account, or any portion thereof, for any reason in its sole discretion, including, in connection with the cancellation of more than two consecutive Bookings (except for a Force Majeure Event), or two or more material (in our discretion) negative reviews; (ii) modify or change the Services, or any portion thereof, and any applicable policies or terms; and (iii) interrupt the operation of the Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes. If your access to the Services is terminated for any reason, you shall not attempt to circumvent such termination of access through creation of new accounts or otherwise. XIX. Submissions Any information, communications, or material of any type or nature that you submit to or post on the Services, including the content of any Listing, all associated photographs and narrative descriptions, any communication through the Services, or the posting of any reviews on the Services (each, a “Submission”) is done at your own risk and without any expectation of privacy. You hereby grant Click&Boat a nonexclusive, unrestricted, irrevocable, worldwide, sublicensable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right and license to such Submissions, to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any media known or hereinafter developed, such Submissions or any content or materials contained therein. You represent and warrant to Click&Boat that you have the full legal rights to submit the Submission through the Services and to grant Click&Boat the license in the preceding paragraph, and such Submissions, in whole or in part, are not confidential or proprietary to any third party, nor are you using such Submissions in violation of any legal requirement or contractual restriction, including these Terms. You further represent and warrant that all Submissions and any part thereof are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines. Click&Boat may remove any Submissions or any part thereof for any reason in our sole discretion. XX. Electronic Communications When you use the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. XXI. Disclaimers 1. The information and materials available through the Services are for informational purposes only. You acknowledge and agree that your use of the Services, your Rental transaction, and the use or rental of a Boat is at your own risk. 2. The Services, and all information, software, content, and materials available from or provided on the Services, are provided “AS IS” and “AS AVAILABLE”, without warranties or guaranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade. 3. CLICK&BOAT AND OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SERVICES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, FREE OF INFRINGING MATERIAL, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. CLICK&BOAT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, BOATS, THE SERVICES, OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. 4. CLICK&BOAT PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SERVICES WITHOUT NOTICE. FURTHER, CLICK&BOAT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES. CLICK&BOAT SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SERVICES. 5. CLICK&BOAT SHALL HAVE NO LIABILITY OR OBLIGATIONS IN CONNECTION WITH ANY TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS IN ANY PORTION OF THE SERVICE. CLICK&BOAT SHALL HAVE NO LIABILITY FOR A BREACH BY ANY OWNER OR RENTER OF ANY AGREEMENT TO WHICH CLICK&BOAT IS NOT A PARTY INCLUDING, WITHOUT LIMITATION, A RENTAL AGREEMENT OR ANY OTHER AGREEMENT BETWEEN OWNER AND RENTER, THE SLIP LEASE AGREEMENT OR A MARINA OR PORT AGREEMENT OR POLICY. XXII. Limitation of Liability 1. IN NO EVENT SHALL THE CLICK&BOAT PARTIES BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: 1.1 THE USE OF, OR RELIANCE ON, THE SERVICES; 1.2 ANY RENTAL AND ANY TRANSACTION RELATED THERETO; 1.3 ANY BODILY INJURY, DEATH, OR PROPERTY DAMAGE THAT MAY OCCUR AS THE RESULT OF A BOATING-RELATED ACCIDENT, THE RESERVATION OF WHICH WAS FACILITATED THROUGH USING CLICK&BOAT’S SERVICES; 1.4 THE SECURITY OF THE SERVICES; 1.5 THE USE, COPYING, OR DISPLAY OF THE SERVICES OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SERVICES OVER THE INTERNET; 1.6 CLICK&BOAT’S, ANY RENTAL PARTY’S, OR ANY THIRD PARTY’S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OR THEIR RESPECTIVE OBLIGATIONS IN CONNECTION WITH THESE TERMS AND THE SERVICES; 1.7 ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE SERVICES, OR OTHER THIRD PARTIES; OR 1.8 THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF THE SERVICES. 2. CLICK&BOAT IS NOT A PARTY TO ANY RENTAL AGREEMENT, AND IS NOT RESPONSIBLE FOR ANY DELAYS OR FAILURE TO PERFORM BY ANY PARTY UNDER THE TERMS OF SUCH AN AGREEMENT, INCLUDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY RENTAL AGREEMENT, DUE TO A FORCE MAJEURE EVENT OR ANY OTHER CAUSE. YOU ACKNOWLEDGE AND AGREE THAT CLICK&BOAT SHALL HAVE NO LIABILITY RELATED TO YOUR BOOKING AND RENTAL OF A BOAT, AND ANY SUCH BOOKING AND/OR RENTAL IS MADE AT THE RENTER’S AND OWNER’S SOLE RISK. 3. UNDER NO CIRCUMSTANCES SHALL ANY OF THE CLICK&BOAT PARTIES BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, DEATH OR BODILY INJURY, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (XXII)(1.1) THROUGH (1.8) AND CLAUSE 2 OF THIS SECTION, OR ANY OTHER CAUSE BEYOND THE CONTROL OF CLICK&BOAT, EVEN IF CLICK&BOAT WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. 4. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF THE CLICK&BOAT PARTIES, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. 5. WITHOUT LIMITING ANY OF THE FOREGOING, IF ANY OF THE CLICK&BOAT PARTIES IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, OR THE SERVICES, THE CLICK&BOAT PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100. THE PARTIES AGREE THAT THIS LIMITATION OF LIABILITY FORMS AN ESSENTIAL PART OF CLICK&BOAT’S AND YOUR AGREEMENT PURSUANT TO THESE TERMS. XXIII. Agreement to Arbitrate and Class Action Waiver All claims and disputes either arising out of or relating in any way to these Terms, the transactions contemplated hereby, or any aspect of the relationship between Click&Boat and you are to be settled by final and binding arbitration to be held in Miami-Dade County, Florida. This agreement to arbitrate (“Agreement to Arbitrate”) is broad. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Agreement to Arbitrate. IN ALL EVENTS, EACH PARTY HEREBY KNOWINGLY, VOLUNTARY AND INTENTIONALLY, WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF OR ACCESS TO THE WEBSITE. THE PARTIES FURTHER AGREE THAT, IF AND TO THE EXTENT THIS AGREEMENT TO ARBITRATE DOES NOT APPLY TO ANY CLAIM, THAT CLAIM WILL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF (THE “CLASS ACTION WAIVER”). YOU AND CLICK&BOAT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND CLICK&BOAT AGREE OTHERWISE IN A SEPARATE WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CLICK&BOAT USERS. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S PROHIBITIONS ON CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTIONS OR PROCEEDINGS AS TO ANY CLAIM, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND RESOLVED IN COURT, SUBJECT TO YOUR AND CLICK&BOAT’S RIGHT TO APPEAL THE COURT’S DECISIONS, AFTER ALL OTHER CLAIMS HAVE BEEN ARBITRATED. Arbitration Procedures. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should also apply these Terms and Conditions as a court would. All issues are for the arbitrator to decide, except that issues relating to the interpretation or enforceability of the CLASS ACTION WAIVER will be resolved by a court of competent jurisdiction. Other than issues related to the CLASS ACTION WAIVER, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of these Terms including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the Terms is void or voidable. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s Supplementary Rules for Class Arbitrations will not apply. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under the Agreement to Arbitrate. A party who intends to seek arbitration must first send to the other party, by certified mail a notice of request for arbitration. A notice to Click&Boat should be sent to 1121 Brickell Avenue, Ste 2300, Miami, Fl 33131 USA Attn: General Counsel. Click&Boat will send any notice to you to the physical address or email address we have on file associated with your Click&Boat account. All information called for in the notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Click&Boat are unable to resolve the claims described in the notice within thirty (30) days after the notice is sent, you or Click&Boat may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Click&Boat at the following address: 1121 Brickell Avenue, Suite 2300, Miami, FL 33131 USA Attn: General Counsel. In the event Click&Boat initiates arbitration against you, it will send a copy of the completed form to any physical address we have on file associated with your Click&Boat account (or your email address if no physical address is on file). Any settlement offer made by you or Click&Boat shall not be disclosed to the arbitrator. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Click&Boat may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Click&Boat subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Click&Boat may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Click&Boat users, but is bound by rulings in prior arbitrations involving the same Click&Boat user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. Severability. With the exception of any of the provisions in the CLASS ACTION WAIVER, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. Opt Out Procedure. You can choose to reject this Agreement to Arbitrate by notifying us in writing that you opt out (“Opt-Out Notice”). Your Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. You must mail your Opt-Out Notice to: 1121 Brickell Avenue, Suite 2300, Miami, FL 33131 USA Attn: General Counsel. Your Opt-Out Notice should state that you opt out of this Agreement to Arbitrate and provide your name, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to the Click&Boat account(s) (if any) to which the opt-out applies. You must sign and date the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms and Conditions will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. Termination of Arbitration. If more than 500 claimants file materially identical arbitration claims against Click&Boat with the AAA, the arbitration agreement described above will immediately terminate and all parties must resolve their Claims in the state and federal courts sitting in Miami-Dade County, Florida USA. Future Amendments to the Agreement to Arbitrate. Without prejudice to any other provision in these Terms to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and Click&Boat prior to the effective date of the change. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Click&Boat. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on https://www.clickandboat.com/en/ at least 30 days before the effective date of the amendments and by sending notice via email to your email address on file with us. If you do not agree to the amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms. XXIV. Indemnification 1. You agree to indemnify, defend and hold harmless each of the Click&Boat Parties from and against all damages, losses, claims, demands, suits or other proceedings, and all resulting liability, cost, and expense (including attorneys’ fees) incurred in connection with the investigation, resolution, defense, or settlement thereof, in connection with: 1.1 Your use of the Services; 1.2 Your violation of applicable legal requirements, any rights of third parties, including any intellectual property rights, or these Terms; 1.3 Your Submissions; and 1.4 Any claims related to death or bodily injury or injury to property. 2. Without waiving paragraph 1, above, Click&Boat reserves, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification set forth herein shall survive termination of these Terms. XXV. Third Party Information To the extent that any information, material, or functionality on the Services is provided by third party content providers (“Third-Party Materials”), Click&Boat has no editorial control or responsibility over such Third-Party Materials. Any opinions, statements, products, services or other Third-Party Materials are those of the applicable Third Party. Click&Boat does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any Submissions),or represent or warrant that your use of any Third-Party Materials will not infringe rights of third parties not owned by or affiliated with Click&Boat. XXVI. Links to Other Websites The Services may include certain hyperlinks that link to other websites or social media platforms which are not under the control of Click&Boat (the “Linked Websites”). Click&Boat does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, privacy practices, or business practices of the Linked Websites. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. Click&Boat disclaims all liability arising out of your access or use of the Linked Websites, and with respect to any products or services made available, sold, or provided to you by any third party. XXVII. General 1. These Terms constitute the entire agreement with respect to your access to and use of the Services. 2. You may not assign these Terms to any third party. Click&Boat may assign these Terms, including by operation of law, to any third party. 3. To the extent any portion of these Terms shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms as so modified will remain in full force and effect. 4. Any waiver of any part of these Terms or any failure to enforce any provision of these Terms by Click&Boat shall not be deemed to be a waiver of any other part of these Terms or a waiver of future enforcement. Any rights not expressly granted herein are reserved. 5. Neither these Terms, nor any of the Services, create any partnership, joint venture, employment, or other agency relationship between Click&Boat and you. 6. You agree that any violation, or threatened violation, by you of these Terms may cause us irreparable and unquantifiable harm for which monetary damages may not be an adequate remedy, and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity. 7. In the event of any inconsistency between the Services and the Terms, the Terms shall take precedence. 8. Our electronically or otherwise properly stored copy of these Terms and all amendments shall the true, complete, valid, and authentic copy of the Terms and its amendments. XXVIII. Governing Law, Jurisdiction, Claims Limitation These Terms shall be governed by and construed under the laws of the State of Florida, without regard to conflicts of laws, principles or rules. Subject to the Agreement to Arbitrate and Class Action Waiver above, you hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Miami-Dade County, Florida for resolution of any matters related to interpretation, construction, or enforcement of these Terms or otherwise in connection with these Terms or otherwise related to or in connection with your access to and use of the Services. You further expressly waive any claim that venue is improper for any reason in these courts. ANY LEGAL ACTION BROUGHT BY YOU THAT ARISES OUT OF OR RELATES TO THESE TERMS OR YOUR ACCESS TO AND USE OF THE SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES. Time Charter Supplemental Terms and Conditions Last Updated: These time charter supplemental terms and conditions (these “Supplemental Terms”) were last updated on June 16, 2022. These Supplemental Terms, incorporate, are a part of, and supplement the Click&Boat Terms and Conditions (the “Terms”) between Click&Boat and you (as defined in the Terms), apply to Time Charter Rentals and are located at above. These Supplemental Terms are supplemental terms and apply solely to the following Services: the Booking, Listing, or Time Charter Rental of a Boat (as such terms are defined under the Terms). 1. Conflicts. To the extent there is any conflict between these Supplemental Terms and the Terms, the terms of these Supplemental Terms will control. The terms and conditions of the Terms that are not modified or amended by these Supplemental Terms will remain in full force and effect and will remain applicable to the Site, the App and the Services. Capitalized terms not otherwise defined in these Supplemental Terms have the meaning given to them in the Terms. 2. Supplemental Terms. a. Deletion from Section III (Your Relationship with Click&Boat): The paragraph entitled “Separate Rental Agreement” in Section III of the Terms is hereby deleted in its entirety and replaced with the following paragraph. For clarity, the remainder of Section III of the Terms shall remain unchanged. Separate Time Charter Rental Agreement. Rental Parties acknowledge and agree that they will be required to enter into a separate Time Charter Rental Agreement prior to the start of a Rental and such Time Charter Rental Agreement may place additional restrictions on your Booking, product, or service. Any Time Charter Rental Agreements relating to a Boat or related products or services are under the sole control of any Owner and a Renter. b. Addition of Section VI, Sub-Section 8 (Owner Listing): The following provision is hereby added as Sub-Section 8 to Section VI of the Terms: 8. Owners guarantee that the Owner Price shall not exceed the public price displayed in any other platform or publication or on their own websites. c. Addition of Section XI, Sub-Section 2.4 (Specific Obligations of Owners): The following provision is hereby added as Sub-Section 2.4 to Section XI of the Terms: 2.4 Owners shall not divert or solicit Rental Parties from the Service and shall not enter into separate agreements directly with them, other than Time Charter Rental Agreements through Bookings on this Site or App. d. Addition of Section XI, Sub-Section 2.5 (Specific Obligations of Owners): The following provision is hereby added as Sub-Section 2.5 to Section XI of the Terms: 2.5 Owners shall ensure that any captain of a Boat is licensed by the United States Coast Guard to allow such captain to operate a Boat and otherwise has all necessary licenses, credentials, and qualifications to operate a Boat. Owner shall ensure that a captain’s licenses, credentials, and qualifications remain current at the time of any particular Rental. Ensuring that a captain of a Boat is currently licensed, credentialed, and properly qualified for a particular Boat is the sole responsibility of the Owner. Owner is solely responsible for obtaining and confirming the proper insurance coverage for any captain of a Boat. Owners will include any fees for the captains in the Owner’s Price. CLICK&BOAT CANNOT AND DOES NOT CONTROL THE CONDITION, LEGALITY, SUITABILITY, LICENSES, CREDENTIALS, QUALIFICATIONS, OR INSURABILITY OF ANY CAPTAINS OF ANY BOATS. AS SUCH, CLICK&BOAT EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN CONNECTION WITH, RELATING TO, OR ARISING FROM SUCH CAPTAINS. e. Addition of Section XI, Sub-Section 3.2 (Specific Obligations of Renters): The following provision is hereby added as Sub-Section 3.2 to Section XI of the Terms: 3.2 Renters are solely responsible for verifying that the captain of any Boat is adequately licensed, credentialed, qualified, and insured. CLICK&BOAT DOES NOT VERIFY THE CONDITION, LEGALITY, SUITABILITY, LICENSES, CREDENTIALS, QUALIFICATIONS, OR INSURABILITY OF ANY CAPTAINS OF ANY BOATS. AS SUCH, CLICK&BOAT EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN CONNECTION WITH, RELATING TO, OR ARISING FROM SUCH CAPTAINS. f. Addition of Section XII, Sub-Section 1.3 (General): The following provision is hereby added as Sub-Section 1.3 to Section XII of the Terms: 1.3 Renters understand and accept that they must request reimbursement of the Owner Price directly from the Owner. Click&Boat will incur no liability in this respect since Click&Boat has not received any portion of the Rental Price (other than the Click&Boat Commission). In this case, the Professional Owner is solely responsible for reimbursing the Owner Price to the Renter. g. Amendment of Section XII, Sub-Section 2.1 – 2.3 (Cancellations Due to Force Majeure or Weather Cancellation): Section XII, Sub-Sections 2.1 – 2.3 of the Terms are hereby deleted in its entirety and replaced with the following Sub-Section 2.1: 2.1 Cancellations of any Booking due to a force majeure event or weather conditions are governed by Owner’s commercial terms and conditions. Owners may offer Renters a refund or postponement depending on their commercial terms and conditions. If an Owner should provide a refund, the Owner will refund the Rental Price minus the Click&Boat Commission, which will be reimbursed by Click&Boat to Renter in the form of a credit note valid for one year. h. Amendment of Section XII, Sub-Section 3.1 (Owner’s Right to Cancel): Section XII, SubSection 3.1 of the Terms is hereby deleted in its entirety and replaced with the following Sub-Section 3.1: 3.1 Owners may not cancel a Time Charter Rental Agreement that they have accepted, except in accordance with Section XII, Sub-Section 2.1. In the event of a cancellation covered by this Sub-Section 3.1, Owners will receive the Owner Price. In no event are Owners entitled to receive the Click&Boat Commission. i. Amendment of Section XIII, Sub-Sections 4 – 9 (Terms of Payment for Time Charter Rental Agreements): Section XIII, Sub-Sections 4 – 9 of the Terms are hereby deleted in its entirety and replaced with the following Sub-Section 4. For clarity, Section XIII, SubSection 10 of the Terms is not deleted and is hereby renumbered as Section XIII, SubSection 5: 4. Click&Boat will apply the payment conditions as defined by the Owner. If the Renter does not pay the full Rental Price within than twenty-five (25) calendar days before the Start Date, the Time Charter Rental Agreement will be automatically cancelled by Click&Boat. The Renter will not be reimbursed for any partial amount of the Rental Price already paid regardless of the cancellation conditions or payment terms stipulated by the Owner in the Listing. Upon receipt of payment from the Renter, Click&Boat will pay the Owner Price to the Owner. Renters understand and accept that they must take action directly against the Owner if they request a refund for any reason. Renters may request an invoice directly from the Owner.