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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

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