Terms of Service
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Effective Date: 01/10/2021
Welcome to Boat Rental World GmbH ("Boat Rental World," "we," "our," "us"). These Terms and Conditions ("Terms") govern your access to and use of our website, mobile applications, and related services (collectively, "Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.
Boat Rental World GmbH provides a digital platform that facilitates the connection between boat owners ("Owners") and individuals or entities seeking to rent boats ("Renters"). Our platform serves solely as a venue for Owners and Renters to interact, negotiate, and finalize rental agreements. Boat Rental World GmbH does not own, manage, operate, or control any boats listed on our platform and does not provide any rental services. As such, Boat Rental World GmbH is not a party to any rental agreements or transactions between Owners and Renters, and disclaims all responsibility and liability arising from such agreements or transactions.
To use our Services, you must be at least 18 years old and have the legal capacity to enter into binding contracts under applicable law. By using our Services, you represent and warrant that you meet these eligibility requirements. If you are using our Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
Account Creation: To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.
Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Boat Rental World GmbH is not responsible for any loss or damage arising from your failure to comply with this security obligation.
Account Termination: We reserve the right to suspend or terminate your account at any time and for any reason, including but not limited to violations of these Terms. Boat Rental World GmbH shall not be liable for any damages or losses resulting from such suspension or termination.
Listing Boats: Owners may create listings for boats on our platform. By listing a boat, you represent and warrant that you own or have the legal right to rent the boat, and that the listing is accurate, not misleading, and compliant with all applicable laws. Boat Rental World GmbH does not verify the accuracy, legality, or safety of any listings, and disclaims all liability in connection with such listings.
Booking Boats: Renters can book boats through our platform. When a booking is made, a binding agreement is formed between the Owner and the Renter, subject to the terms outlined in the listing and any additional terms provided by the Owner. Boat Rental World GmbH is not a party to the agreement, and shall not be held liable for any issues, disputes, or breaches arising from the rental agreement.
Payments: Boat Rental World GmbH may facilitate payment transactions between Owners and Renters through third-party payment processors. Renters agree to pay the full rental amount at the time of booking, and Owners agree to honor the booking once payment is received. Boat Rental World GmbH disclaims all responsibility for payment disputes, chargebacks, or failures.
Compliance: Owners are solely responsible for ensuring that their boats are in good condition, safe, and compliant with all applicable laws and regulations. Owners must maintain all necessary licenses, permits, and insurance coverage for their boats. Boat Rental World GmbH is not responsible for verifying the legality or compliance of any boat or rental.
Accuracy: Owners must provide accurate and complete information about their boats in their listings, including the boat’s condition, features, and any restrictions or requirements. Boat Rental World GmbH is not responsible for any inaccuracies or omissions in the listings.
Availability: Owners must ensure that their boats are available for the dates and times confirmed in the bookings, and must not cancel bookings without a valid reason. Repeated cancellations may result in the suspension or termination of the Owner’s account, but Boat Rental World GmbH shall not be liable for any damages resulting from such cancellations.
Compliance: Renters agree to use the rented boats in accordance with all applicable laws and the terms of the rental agreement. Renters must possess any necessary qualifications, licenses, or certifications required to operate the boat. Boat Rental World GmbH is not responsible for verifying the qualifications of Renters.
Care of Boats: Renters are responsible for the care and safe operation of the boats during the rental period. Renters agree to return the boat in the same condition as received, except for normal wear and tear. Boat Rental World GmbH is not liable for any damage to the boat or for any personal injury or property damage arising from the use of the boat.
Payments: Renters agree to pay all fees associated with the rental, including the rental fee, any additional services, and any applicable taxes or service fees. Boat Rental World GmbH is not responsible for any disputes regarding payment.
Cancellation by Owners: If an Owner cancels a booking, the Renter will receive a full refund of any amounts paid. Repeated cancellations by an Owner may result in the suspension or termination of their account. Boat Rental World GmbH shall not be liable for any damages resulting from such cancellations.
Cancellation by Renters: Renters may cancel a booking in accordance with the cancellation policy specified by the Owner in the listing. Refunds will be processed in accordance with the Owner’s cancellation policy. Boat Rental World GmbH shall not be liable for any disputes arising from cancellations or refunds.
Force Majeure: Boat Rental World GmbH is not responsible for cancellations or delays caused by events beyond our control, such as natural disasters, government actions, or other force majeure events. Refunds in such cases will be subject to the cancellation policy of the Owner.
Service Fees: Boat Rental World GmbH may charge service fees to Owners and Renters for the use of our Services. These fees will be disclosed at the time of booking or listing and are non-refundable unless otherwise specified. Boat Rental World GmbH is not responsible for any disputes regarding service fees.
Payment Processing: Payments are processed through third-party payment processors. By using our Services, you agree to the terms and conditions of our payment processors. Boat Rental World GmbH disclaims all liability arising from payment processing, including but not limited to any errors, delays, or disputes.
Taxes: Owners are responsible for determining and paying any applicable taxes associated with their use of our Services, including any taxes on rental income. Boat Rental World GmbH is not responsible for reporting or paying any such taxes.
Owner Insurance: Owners are responsible for maintaining appropriate insurance coverage for their boats. Boat Rental World GmbH does not provide insurance coverage for any boats listed on our platform, and disclaims all liability arising from the lack of insurance or from any disputes related to insurance claims.
Renter Insurance: Renters are encouraged to obtain insurance coverage for the rental period. Renters are responsible for any damage to the boat that occurs during the rental period, unless covered by the Owner’s insurance. Boat Rental World GmbH is not responsible for any damages, losses, or disputes related to insurance coverage.
Damage Claims: If a boat is damaged during the rental period, the Owner may submit a damage claim to the Renter. The Renter agrees to pay for any damages not covered by insurance. Boat Rental World GmbH is not responsible for mediating or resolving damage claims.
Dispute Process: In the event of a dispute between an Owner and a Renter, both parties agree to attempt to resolve the dispute amicably. If the dispute cannot be resolved, either party may submit the dispute to binding arbitration in accordance with the rules of the European Union, Germany, or Switzerland, depending on the jurisdiction.
Arbitration: Any disputes that cannot be resolved through negotiation will be resolved through binding arbitration. The arbitration will be conducted in Germany or Switzerland, depending on the location of the parties involved. Boat Rental World GmbH shall not be liable for any legal fees or costs associated with the arbitration.
Governing Law: These Terms are governed by the laws of Germany, Switzerland, and the European Union. Any disputes arising from these Terms or the use of our Services will be subject to the exclusive jurisdiction of the courts in Germany or Switzerland. Boat Rental World GmbH shall not be liable for any damages or losses arising from legal actions taken under these Terms.
To the maximum extent permitted by law, Boat Rental World GmbH shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, loss of data, personal injury, or property damage, arising out of or in connection with your access to or use of our Services, even if we have been advised of the possibility of such damages. This limitation of liability applies to all claims, whether based on warranty, contract, tort (including negligence), or any other legal theory.
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