Any person accessing this website assumes the role of user, committing to the observance and strict compliance with the provisions set forth herein, as well as any other legal provision that may be applicable.
The provider disclaims any liability arising from the information published on its website and the lack of availability (falls) of the site which will also make periodic stops for technical maintenance. In addition, the provider reserves the right to modify any information that may appear on the website, without there being any obligation to give prior notice or to inform users of these obligations, understood as sufficient with the publication on the website of the provider.
The terms defined below shall, in these general conditions, have the meaning attributed to them below, each time they begin with a capital letter, whether they are used in the singular or in the plural.
"Advertisement": means an offer for Rent or Navigation published by an Owner on the Website.
"Boat-Manager": designates the mediation service of the Owners with concierges who carry out the check in, the check out, the signing of the rental contract and welcome the Tenants on behalf of the Owners.
"CGU": refers to the present general conditions of use.
"BoatiNN": means the company boatinnmarketplace.s.l, with a capital of 30,600 euros, "BOATINNMARKETPLACE, S.L."is a company of Spanish nationality, with registered office in Fuengirola at Calle Francisco Cano, nº 53, 29640, Málaga; constituted for an indefinite time, by means of a public deed, on  April 2019, before the Notary Public Leopoldo Lopez-Herrero Pérez, with protocol number 740 and registered in the Mercantile Registry of Málaga, in volume 5836, book 4743, folio 4 and sheet MA-150609, and with N.I.F. number B93686038.
"Navigation": designates the navigation activity sharing the costs of possession, maintenance and use of the Boat. This participation, calculated by the Owner under his sole responsibility, must be strictly limited to a share of these expenses. It is forbidden for the Owner to derive any benefit from the Navigation. The Owner acknowledges and accepts that the receipt of any amount exceeding the simple distribution of costs could result in the reclassification of the Navigation as a transport activity, and BoatiNN declines any responsibility that might result from this reclassification,
"BoatiNN Commissions": designates a percentage of commission included in the Price for Owner and Lessee owed by the Owner and Lessee as remuneration for the service. The amount of this commission may vary depending on the contractual agreements between BoatiNN and the Owner.
"Content": means any text, graphic, image, video, information or other elements that Users post, upload, publish, send, transmit or include in their Advertisement or User account so that it is available on the Website.
"Boat": means any nautical vehicle put on Rent on the Website (such as sailboats, motorboats, barges, catamarans, jet skis, etc.).
"Lessee": means any natural or legal person who reserves a Boat for Rent or for Navigation.
"Rental": means the rental of a Boat to a Lessee by an Owner, on the quay or at sea.
"Additional Options": designates the options that the Lessee can subscribe to apart from the Owner's Price (bedding expenses, cleaning, etc.).
"Delivery": means the delivery of the Boat or the arrival on the Boat on the first day of the Rental and/or the Navigation. The time of cleaning, refuelling and check-in and check-out is part of the rental period provided for in the contract.
"Tenant Price": means the price shown in the Advertisement without the Additional Options. The Leasehold Price does not include either the place of the Boat in the port or the amount of fuel, unless otherwise specified in the Announcement.
"Owner's Price": means the price freely chosen by the Owner at the time of publication of his Announcement, including the BoatiNN Commission.
"Owner": means any natural or legal person, professional or private, who can justify the total ownership of a Boat if requested by BoatiNN and/or a Lessee. By extension, it also designates the representative of an Owner, and this representative must justify the existence and possession of the power of attorney he has received.
"Professional Owner": means any owner who uses the Service on a professional basis and whose activity is declared in the commercial register in accordance with the regulations in force in the locality, region and country where the Professional Owner exercises his activity,
"Private Owner": means any owner who does not use the Service on a professional basis in accordance with the regulations in force in the locality, region and country where the Private Owner carries out his activity.
"Service": means the set (i) of the service that connects Owners and Tenants to facilitate Navigation or Boat Rental on the quay or at sea and (ii) the management tool for reservations and payments between Users,
"Website": means the website www.boatinn.fun and the mobile application "BoatiNN".
"User": means any user of the Website and the Service, whether Owner or Lessee.
"Weather Forecast Cancellation": means the cancellation of a reservation of one day or less due to a special weather forecast.
Use of the Service and the Website is subject to these TOU. The CGU constitute a contract that governs the relationship between the User and BoatiNN. They cancel and replace all previous provisions and constitute the totality of the rights and obligations of BoatiNN and the User for their purpose. The Parties accept that in the event of inconsistency between the information present on the Website and the CGU, the latter shall prevail.
It is considered that the User gives his total and complete acceptance, without reservations, of these General Terms and Conditions from the moment he ticks the box "I accept the general conditions" when creating his User account or subscribing to an offer.
If this box is not checked, the User acknowledges that the creation of the User account and the use of the Service is neither possible nor valid.
BoatiNN reserves the right to make modifications at any time, they will take effect from the moment of their publication on the Website. By continuing to use the Website, Users tacitly accept the latest updated version of the CGU.
The Service is a service that connects Owners and Tenants to facilitate Navigation or Boat Rental as well as the management of payments between Users.
Each User understands and accepts that BoatiNN is at all times a third party in the contract signed between an Owner and a Lessee. In this way, BoatiNN will not comply with the obligations of a User in its place nor will it be responsible for the breach of contractual obligations by a User.
In the event of contact between Tenants and Professional Owners, the Professional Owner's rental agreement prevails over the rental agreement made available by BoatiNN.
Each user undertakes to respect the terms and conditions present in the contract issued by the Professional Owner.
Users of the BoatiNN platform undertake to provide accurate information. BoatiNN is not responsible for the confirmation of the identity and the information communicated by the Users. In the interests of transparency and to prevent fraud, in accordance with applicable legislation, BoatiNN may ask Users to provide an official identity document or other information, or to submit to other controls aimed at verifying the identity and background of Users, consulting external databases or other sources of information.
The Service is reserved to natural persons of legal age, emancipated minors, with full legal capacity and to legal persons who can comply without reservation with these CGU.
In order to use your User account, you must have an email address and a mobile phone number valid for the entire period of use of the Service.
In order to use the Service, the User must first create a User account following the process on the Website and/or received by e-mail. The User will be specially requested to complete his nautical curriculum.
The User is solely responsible for maintaining the confidentiality of his access codes to his inbox and to his User account. BoatiNN is not responsible in the event that the Service is used by someone other than the User or a person authorised by him who has his user information and passwords.
In the event of forgetting their user information or its improper use by third parties, the User undertakes to inform BoatiNN as soon as possible by e-mail to the address firstname.lastname@example.org
The User undertakes to update his or her contact details on the Website in the event of a change in his or her e-mail address and/or mobile telephone number.
Any Owner may publish for free one or more Ads to offer a Boat for Sailing and/or Charter subject to the provisions of Article 6.1.1.
BoatiNN is not responsible for any User, Boat or Ad.
The Advertisement must include at least one photograph of the Boat and indicate:
- the characteristics and location of the Boat,
- if the parking space at the base port is included in the Rental and/or Navigation.
- the nautical qualifications necessary for its use in case of Hire or if this requires the presence of a professional navigator,
- the dates of availability of the Boat,
- the Price of the daily Owner chosen according to the dates of availability,
- the amount owed per hour or per day in the event of a delay in returning the Boat,
- the amount of any security deposit required for the Charter of the Boat,
- all possible additional expenses (bed linen, cleaning),
- the conditions of cancellation of the Rental or of the Navigation chosen by the Owner according to the options foreseen in article 7.3.
In the case of a Rental, the Owner's Price is freely chosen by the Owner. It includes the BoatiNN Commission.
In the case of a Navigation, the Owner undertakes that the Owner's Price is strictly limited to a share of the costs of possession, maintenance and use of the Boat. It is forbidden for the Owner to derive any benefit from the Navigation. The Owner acknowledges and accepts that the receipt of any amount exceeding the simple distribution of costs could lead to the reclassification of the Seamanship as a transport activity, and BoatiNN declines any responsibility that may derive from this reclassification.
The Professional Owner undertakes to ensure that the Owner's Price is, at most, equivalent to the public price shown on any other platform, publication or on his own website.
BoatiNN will display in the Advertisement published on the Website the corresponding Tenant Price with the total price in euros to be paid by the Tenant including (i) the Owner Price and (ii) the additional costs expressly mentioned in the Advertisement if applicable.
Price including VAT and excluding fuel costs, unless otherwise stated in the Advertisement.
Within the framework of the Rental, the Users understand, acknowledge and accept that the Rental contract only applies to the Boat, not including the place reserved by the Owner for the parking of the Boat in the port.
However, the Lessees benefit, free of charge, from the right to use this space for the duration of the Lease contract to park the Boat in case this possibility is explicitly contemplated in the Announcement.
The Owner can choose to subscribe to the Boat-Manager service. BoatiNN offers the possibility of putting the Owners in contact with janitors to carry out the entry and exit checks of the Boat, sign the Rental contract and receive the Tenants on behalf of the Owners at fixed prices.
BoatiNN will collect directly the amount of the Boat-Manager service on behalf of the concierge for the part of the Price transferred to the Owner under the conditions of Article 8.
In no case does BoatiNN form part of the Boat-Manager contract signed between the janitor and the Owner.
Under no circumstances does BoatiNN guarantee the reliability and availability of the concierges.
The intervention of a concierge at the request of the Owner does not relieve the Owner of his obligation to personally report any incident or loss to BoatiNN in accordance with the conditions of Articles 5.7, 6 and 7.
The Owner undertakes to offer only the reservation of Boats covered by insurance for their Charter and/or Navigation activities, regardless of the nationality of the User, the intended sailing area and/or the usual base port of the Boat.
The Owner thus undertakes to inform his annual pleasure boat insurer of his Rental or Sailing activity.
BoatiNN offers the subscription to a daily insurance with a fully comprehensive insurance contract for pleasure craft from its collaborating insurer.
The Owners who have taken out this contract undertake to accept and respect the general conditions of the collaborating insurer
The subscription to this contract by the Owner takes place at the time of the publication of his Advertisement.
The contract then applies automatically for each booking of the Boat through the Website.
The signing of this contract implies the fulfillment of these CGU by the Users, and the signing of a Rental contract that includes a review of the entry and exit Boat.
The Lessee selects on the Website a Boat, a Delivery date and an end date of the Rental or Navigation, as well as, if applicable, one or more of the additional options proposed by the owner in the chosen Advertisement. This selection constitutes a Boat Reservation Request (the "Reservation Request").
When making a Reservation Request, the Lessee enters his bank details and undertakes to (i) pay in advance the amount of the Leaseholder Price by credit card (see article 8), and (ii) authorise BoatiNN to make a direct debit request to his account for the amount of the security deposit in accordance with the conditions of article 5.7.
The Owner then has 1 to 72 hours to accept or reject this request. At the end of that period, the Reservation Request will expire and the Lessee will not be debited from his account.
The Owner may accept or reject a Booking Request, at his sole discretion.
The amount of the Tenant Price is kept in a blocked account until actual payment to the Owner or reimbursement to the Tenant.
After debiting the amount of the Tenant Price from the Tenant's bank account and after the Tenant authorizes the debit of the security deposit, BoatiNN notifies each User of the other User's information and personal data. The Users undertake only to make use of this information within the framework of the Rental or the Navigation and not to contact each other directly in the future to sign a Rental or Navigation contract.
On the day of delivery, the Owner (or the Boat-Manager, if applicable) and the Lessee undertake to carry out a contradictory entry check and to sign a Rental or Navigation contract between them.
On the day of termination of the Rental or Navigation, the Owner and the Tenant undertake to carry out a contradictory exit check.
In the event that the Lessee fails to show up at the time scheduled for the return of the Boat, the Lessee shall pay the Owner the amount corresponding to the delay shown in the Notice.
The Owner may require a security deposit to Charter the Boat.
The amount of this security deposit is specified in the Announcement.
Acceptance of a Rental Reservation Request that includes a security deposit automatically leads to the creation of a unique confidential identifier that allows the Tenant to be indirectly identified and linked to his bank account which will be debited with the Tenant Price and, if applicable, the security deposit.
This identifier constitutes a pre-authorisation for direct debiting.
The Lessee undertakes to have sufficient funds in his bank account for the direct debit of the guarantee deposit at the time of the reservation request, and to continue to have sufficient funds in this account until BoatiNN closes the claim file.
BoatiNN's guarantee deposit management tool facilitates financial flows between Users. The owner undertakes not to request a deposit cheque from the Tenant.
Within the framework of a rental between a Professional Owner and a Tenant, the Professional Owner has the right to demand from the Tenant a guarantee deposit in the form of a cheque, print or debit from his bank card of the amount indicated in the Advertisement.
BoatiNN is not liable in any case if there are not sufficient funds in the Tenant's bank account when the amount of the security deposit is deposited in the Tenant's account, nor in the event of disagreement between the Owner and the Tenant regarding the enforceability of the security deposit.
Users understand and accept that BoatiNN will not act as a mediator or arbitrator in the event of any dispute between Users whatsoever.
During the twenty-four (24) hours following the end of the Rental, the owner may request BoatiNN to pay the security deposit if he finds damage to his Boat that did not appear in the entry review document. This request must be made directly from the website and be accompanied by the rental contract signed by each of the parties listed in the contract, the revisions of the Boat of entry.
This request must be made directly from the website and accompanied by the rental contract signed by each of the parties listed in the contract, signed revisions of the entry and exit Boat, and photographs and videos of the damage or any other evidence.
The bank charges linked to the collection and payment of all or part of the guarantee deposit shall be borne by the Owner and shall be deducted from the amount paid.
BoatiNN undertakes to pay the amount of the guarantee deposit required by the Owner within a reasonable time after receipt of the e-mail claim.
Any disagreement between the Owner and the Tenant, in particular as to the existence and/or imputability of the damage and/or the amount of the repairs, must be submitted to the competent courts.
Each user can evaluate another User with whom he has signed a Rental or Navigation contract by writing a comment and/or by a scoring system. Only the Rentals and/or the Navigation actually carried out give the right to publish an evaluation.
The comment and the note will be published in the corresponding User's public profile.
The Owners' Announcements will be classified according to the quality of the comments and/or notes, the frequency of reservations and the speed of the Owner's response.
Users may not themselves delete a comment written by another User. However, they have the right to respond to comments.
The User may also inform BoatiNN of the presence of a comment that does not comply with these CGU by sending an email to email@example.com
BoatiNN reserves the right to remove any comment that violates the rules in force (racist, discriminatory, contrary to good conduct or public order ...) at its sole discretion and to remove User accounts in case of repeated inappropriate comments.
The Owner agrees to:
- to be able to justify at all times that he is the Owner of the Boat,
- to have, if applicable, his Boat legally declared and/or registered before the competent administrations.
- only to offer for reservation boats equipped and well maintained, with the possible technical controls up to date, which have an appropriate safety system for their category of navigation, updated equipment and regular maintenance.
- where appropriate, make the Special Verification Register available to the Tenant and to the authorities in the event of control.
- have taken out and remain valid for the entire duration of the publication of your Advertisement, insurance (civil liability or comprehensive) in accordance with the conditions of Article 5.4 and be able to present a valid insurance certificate when requested by BoatiNN and/or the Tenant.
- verify the identity of the Tenant before signing the rental contract.
- verify that the bank card used for the payment of the Charter and/or the Navigation belongs to the Lessee at the time of delivery of the boat.
- verify that the Lessee is the holder of the titles and/or qualifications mentioned in his nautical curriculum and necessary to navigate with the Boat.
- verify that the name on the Rental or Navigation contract is the same as the name on the identity document presented by the Tenant and the name on the payment card used to pay for the Rental or Navigation and presented on the day of Delivery.
- inform the Lessee in the Advertisement and/or the Rental or Navigation contract of any limitation of liability of his insurer.
- provide BoatiNN with the rental contract signed by both parties as well as any other document that allows BoatiNN to respond to a procedure for cancellation of payment from the Tenant's bank. BoatiNN may demand reimbursement from the Owner of the rental amount if the Owner is not in a position to provide such proof.
The owner accepts and undertakes to respect his social and tax obligations according to his status before the competent administrative authorities.
The Owner understands that BoatiNN dissociates itself from any obligation of advice and that BoatiNN does not assume any responsibility in this respect.
The Owner is obliged to provide the Tenant, upon request, with an invoice with the Owner's Price.
The Professional Owner also undertakes not to divert and/or contact Service Users and not to enter into Rental and/or Navigation contracts directly with them, without a reservation through the Website.
The Tenant undertakes to:
- have in his bank account the amount of the guarantee deposit, if applicable, from the Reservation Request and up to 24 hours after the end date of the Rental.
- be the owner of the bank card used to book the Boat.
- verify the condition of the Boat, the validity of possible technical controls, the presence on board of a safety system appropriate to the category of navigation of the Boat and an updated equipment, before signing the rental contract.
- where appropriate, use the Special Verification Register.
- inform BoatiNN, through its User account, less than 2 hours after the start of the Rental and/or the Navigation, of any dispute/disagreement related to the Advertisement and/or the Vessel, with the aim of blocking payment while the corresponding Users decide whether to cancel the reservation in accordance with the conditions of article 7 or continue with it.
- pay for any infraction committed during the duration of the Rental, as soon as requested by the Owner.
- be the holder of the titles and/or qualifications necessary for navigation with the Vessel.
- only permit embarkation to the number of persons permitted by the ship's safety system.
- use the vessel in a responsible manner for recreational navigation, within the framework of the maritime and customs legislation in force, excluding any trade, professional fishing, transport, towing or other operations.
- return the boat to the Owner with all its equipment in the same conditions as at the start of the rental, in a clean and proper state and within the deadlines.
The Tenant accepts and undertakes to respect their social and fiscal obligations according to their status. To this end, BoatiNN makes available to you electronic links accessible from your User account that will direct you to the websites of the administrations that allow you to comply, if appropriate, with these obligations.
The Tenant understands that BoatiNN dissociates itself from any obligation of advice and does not assume any responsibility in this respect.
BoatiNN undertakes to make every effort to:
- guarantee the functioning of the Website in accordance with article 9 below.
- respond to requests from Users concerning the Service as soon as possible.
- pay the amount owed to the Owner in accordance with the conditions of Article 8 by transfer to the Owner's bank account.
- pay the amount of the security deposit to the Owner in accordance with the conditions of Article 5.7 by transfer to the Owner's bank account.
- make a repayment, if any, to the Tenant in accordance with the conditions of Article 7,
- allow Users to download from their User account the invoices relating to the BoatiNN Commissions as well as a document showing the gross amount received for the transactions carried out through the Service and the Website during the previous year, corresponding to the Owner's Price after deduction of the BoatiNNN Commission and, if applicable, the amount of the Boat Manager service and/or the subscription to insurance in accordance with the conditions of article 5.4.
In order to make a cancellation, Users must previously inform BoatiNN in writing through the User account and the cancellation procedure described on the Website.
A cancellation becomes effective only after BoatiNN sends an email notifying such cancellation.
In the event of circumstances specific to a case of force majeure within the meaning of article 11, any User may request (i) to postpone the reservation to a later date or (ii) to cancel the reservation, after having justified such circumstances in writing to BoatiNN within a maximum of 12 hours after the date of Delivery.
If the Rental or Navigation is applied for a duration of more than one day, BoatiNN will not refund the Tenant Price, which the Tenant accepts.
BoatiNN assumes no responsibility in this respect.
In the event of cancellation due to a special weather forecast that prevents you from going to sea, and if the reservation lasted for less than or equal to one day, BoatiNN will refund by bank transfer to the Tenant within fifteen (15) days the Tenant Price after deduction of the BoatiNN commission to be reimbursed in the form of a voucher valid for one year.
The Owner will therefore not receive the new amount (Price of the owner minus the BoatiNN Commission).
In the framework of a reservation with a Professional Owner, the conditions of cancellation for meteorological reasons of BoatiNN described above are not applicable.
Therefore, the Commercial Conditions of the Professional Owner prevail.
The Professional Owner may offer the Lessee a refund or postponement depending on his commercial conditions.
In the event of a refund, the Professional Owner will refund the Tenant Price after deduction of the BoatiNN commission, which will be reimbursed by BoatiNN in the form of a voucher valid for one year.
The Owner cannot request the cancellation of the Rental and/or the Navigation he has accepted, except in case of force majeure.
In the event that for serious personal reasons accepted by BoatiNN, the Owner cancels a reservation, BoatiNN will endeavour to offer the Lessee an equivalent boat in the corresponding period.
If no alternative solution is found, Articles 7.2.1 and 7.2.2 shall apply.
After two abusive or unjustified cancellations, BoatiNN will apply a penalty to the owner and reserves the right to delete the Owner's User account in accordance with the conditions of article 13.
The BoatiNN Commission will therefore be invoiced to the Owner. The amount owed to this concept will be automatically and fully charged by BoatiNN in the next transaction made by the Owner through the Website and the Service.
However, if the cancellation of the reservation by the Owner is due to the inability of the Lessee to justify his titles or qualifications mentioned in his aquatic CV, this cancellation shall be considered justified.
Under no circumstances may the Tenant demand reimbursement of the amount of the Tenant Price. The Owner will receive the Price from the Owner after deduction of the BoatiNN Commission.
If no alternative solution is found or if the request for cancellation of the reservation by the Owner is motivated by the level of navigation of the Lessee clearly insufficient, ascertained in real conditions by the Owner on the day of Delivery (except in case the Lessee is unable to justify his titles or qualifications), this cancellation shall also be considered justified.
The Tenant will receive the full refund of the Tenant Price after deduction of the BoatiNN Commission within fifteen (15) days by bank transfer.
The Private Owner will therefore not receive the Owner's Price after deducting the BoatiNN Commission.
If no alternative solution is found, or if the request for cancellation of the reservation by the Owner is motivated by the level of navigation of the Lessee clearly insufficient, ascertained in real conditions by the Owner on the day of Delivery (unless the Lessee is unable to justify his titles or qualifications), this cancellation shall also be deemed justified.
The Tenant understands and agrees that he may only request reimbursement of the Tenant Price (after deduction of the BoatiNN Commission) directly from the Professional Owner, without ever holding BoatiNN liable in this respect. In this case, the Professional Owner undertakes to reimburse the Tenant the Tenant Price.
The Lessee may cancel the reservation under the conditions established by the Owner and indicated in the Announcement among the options available in this link:
BoatiNN undertakes to reimburse the Lessee the Tenant Price in accordance with the applicable cancellation conditions, after deduction of the BoatiNN Commission within a maximum period of fifteen (15) days.
In the case of a rental with a Professional Owner, their cancellation conditions apply, which must be indicated in the Announcement of the Boat.
In the event that the Boat does not correspond to the Advertisement and it has been published by a Private Owner, the Lessee shall inform BoatiNN prior to the Rental, presenting all possible supporting documents.
The Tenant must decide whether or not he wishes to cancel the Rental and/or the Navigation.
In the event that he or she decides to maintain the Rental and/or the Navigation, he or she may under no circumstances request a refund of the Renter's Price, whatever the reason for this reservation.
In the event that BoatiNN decides to cancel the Rental and/or the Navigation, BoatiNN accepts, on a commercial basis, and without this allowing the User to imply the responsibility of BoatiNN in any way, to reimburse in full the Tenant Price to the Tenant, within fifteen (15) days after cancellation by bank transfer.
In the event that the Advertisement has been published by a Professional Owner, the Lessee understands and agrees that he may only request reimbursement of the Tenant Price (after deduction of the BoatiNN Commission) directly from the Professional Owner, without ever holding BoatiNN liable in this respect.
In the event that the Charter and/or Sailing contract has been entered into with a Private Owner and the Boat suffers a serious fault (breakdown) during the Charter and/or Sailing which prevents the Boat from being used in accordance with its main purpose. In the event that this fault prevents the boat from being used for more than 23 (twenty-three) hours, the hirer may cancel the contract. No other damage or interest will be taken into account. If there is a breakdown during the Rental and/or Navigation and in the case of a one-day rental, this period is set at 2 (two) hours.
The Tenant must decide whether or not to cancel the Rental and/or the Navigation.
In the event that he decides to maintain the Rental and/or the Navigation, he may in no case request a refund of the Renter's Price, for whatever reason, for this reservation.
In the event that you decide to cancel the Rental and/or the Sailing and that this cancellation takes place:
- before payment of the Owner's Price (after deduction of the BoatiNN Commission) to the latter, BoatiNN accepts, on a commercial basis, and without this permitting the User to hold BoatiNN responsible in any way whatsoever, to reimburse the Tenant's Price to the Tenant in full by bank transfer, pro rata to the duration of the reservation not made by the Tenant, within fifteen (15) days after the cancellation,
- after payment of the Owner's Price (after deduction of the BoatiNN Commission) to the latter, the Owner undertakes to reimburse the Tenant Price to the Tenant by bank transfer within fifteen (15) days after cancellation.
In the event that the Advertisement has been published by a Professional Owner, the Lessee understands and agrees that he may only request reimbursement of the Tenant Price (after deduction of the BoatiNN Commission) directly from the Professional Owner, without ever holding BoatiNN liable in this respect.
Due to BoatiNN
In some cases, BoatiNN may be forced to cancel a reservation (cessation of collaboration with an Owner, breach of the obligations of Users ...)
BoatiNN will then make every effort to offer an equivalent alternative to the Tenant. If this is not possible, the Tenant will receive full reimbursement of the amounts without being able to hold BoatiNN liable in this respect.
The payment of the Tenant Price by the Tenant is made on each reservation, in advance, by credit card on the Website through the Stripe payment solution when the Owner accepts the Reservation Request.
As an exception, and subject to the express agreement of BoatiNN, the User may pay by bank transfer.
The payment of the Tenant Price by the Tenant is made in one go.
As an exception, the Tenant may make the payment in two installments if:
- the Advertisement has been published by a Private Owner,
- the amount of the Hire and/or the Navigation is more than nine hundred and fifty (950) euros (VAT included), and
- Rental and/or Navigation begins more than forty-five (30) days after booking.
In this case, the Lessee makes an initial payment defined according to the conditions of cancellation of the Advertisement chosen by the Private Owner and pays it thirty (30) days before the date of Delivery.
If the Lessee does not pay the full Tenant Price no later than twenty-five (25) days before the Delivery date, BoatiNN will automatically and automatically cancel the Rental and/or the Navigation.
The Tenant will not receive a refund of the amount of the initial payment already made regardless of the cancellation conditions foreseen by the Private Owner in the Advertisement.
BoatiNN undertakes to transfer the payment to the owner's account of the Owner's Price from which is deducted (i) the BoatiNN Commission and (ii), if applicable, the payment of the Boat-Manager Service on the day following Delivery, unless BoatiNN receives a claim before 2 p.m. on the day of Delivery.
In the event of rental with a Professional Owner, BoatiNN will apply the payment terms established by the Professional Owner.
In the event that the Advertisement has been published by a Professional Owner, the Tenant may pay the Tenant Price in two installments, depending on the payment terms established by the Professional Owner.
If the Tenant fails to make full payment of the Tenant Price no later than twenty-five (25) days prior to the Delivery Date, BoatiNN will automatically and in its own right cancel the Rental and/or the Navigation. The Tenant will not receive a refund of the amount of the initial payment already made regardless of the cancellation conditions provided by the Professional Owner in the Advertisement.
BoatiNN will pay as soon as it receives payment from the Lessee, the Owner's Price to the Professional Owner, after deducting, from the first payment, (i) the BoatiNN Commission and (ii) if applicable, the payment of the Boat-Manager Service.
The Lessee therefore agrees that in the event of booking a Professional Owner, he should contact the Professional Owner directly in the event of a request for reimbursement for whatever reason.
BoatiNN will issue an invoice to the Owner with the amount of the BoatiNN Commission, which can be downloaded directly from his User account.
In the case of a rental with a Professional Owner, the Tenant may request an invoice directly from the Professional Owner.
BoatiNN undertakes to do everything in its power to make the Service and the Website available 24 hours a day, 7 days a week without interruption unless changes or updates are required.
The user must bear in mind that the Website and the Service are exposed, like any other computer application, to faults, irregularities, errors or interruptions which may be due above all to connection problems.
Therefore, BoatiNN does not guarantee the User that the Website and the Service will be permanently available.
Under no circumstances may the User hold BoatiNN liable for these faults, irregularities, errors or interruptions, even in the event that these have caused him/her any damage.
BoatiNN recalls that it does not form part of the Rental or Navigation contracts concluded between Users, nor of the Boat-Manager contracts concluded between the Owners and the Concierges.
In the event of a claim, the User may not hold BoatiNN liable under any circumstances.
BoatiNN is not responsible for the management of delays or for the possible management of disputes between Users.
BoatiNN is also not responsible for the possible insufficiency of funds in the Tenant's bank account or for any disagreement between the Owner and the Tenant regarding the payment of the guarantee deposit to the Owner.
Subject to the exclusions of liability provided for in these CGU, it is agreed that in any event and regardless of the basis, the liability that BoatiNN may incur to the title in relation to the Website or the Service may not, except in case of gross negligence or gross misconduct, exceed the total amount billed by BoatiNN to the User for the Rental or Navigation resulting in the event giving rise to the liability of BoatiNN.
In no event shall BoatiNN be liable for the repair of damage of an indirect nature, even if BoatiNN has been informed of such possible damage.
The User acknowledges that the conditions of the rates of the Service are based on these limitations and exclusions, without which BoatiNN would not have entered into any contract.
Apart from the cases foreseen in the present CGU and especially in articles 5.1 and 9, BoatiNN is not responsible in the following cases:
- improper or unlawful use of the Website and/or the Service by the User.
- unavailability of the Website and/or the Service in accordance with article 9 above.
- fraudulent intrusion by a third party into the Website and/or the Service.
- non-conformity of the state of the Boat with respect to the Announcement.
- non-compliance with administrative and health formalities on the part of the User (especially in the case of navigation outside France).
Furthermore, BoatiNN is not responsible for Users complying with their social and fiscal obligations according to their status nor for giving advice to Users in this respect.
The Website may include links to other websites or other Internet sources. BoatiNN has no control over those Websites and external sources. Therefore, BoatiNN is not responsible for the availability of these Websites and external sources and declines all responsibility relating to Content, advertising, products, Services and any other element available in the latter. Furthermore, BoatiNN is not responsible for any damage or loss, proven or alleged, resulting from or related to access, use or the fact of having relied on the Content, goods or Services available on these Websites or external sources. BoatiNN is only responsible for the hypertext links it creates. Any difficulty linked to a link that has not been created must be presented to the administrator or webmaster of the relevant Website.
The parties agree that these are cases of force majeure:
- special weather forecasts that prevent exits to the sea.
- legislative and regulatory amendments.
- natural disasters, fires, storms, floods, wars and terrorist attacks, strikes within the company, illness, electrical surges and shocks, breakdowns in refrigeration systems and computer equipment, blockages and slowing of electronic communication networks and.
- more generally, any unforeseeable event beyond the control of BoatiNN and the Users.
BoatiNN undertakes to keep confidential all the information collected when creating the User account.
BoatiNN undertakes not to use any data obtained from the User for purposes other than those of the Service, and especially not to resell these data to third parties for commercial purposes, except if required by law or by any administrative or judicial authority.
The User acknowledges that BoatiNN has the right to suspend access to the Service or to terminate its contractual relations with the User, or to delete any User account, in its own right, with a simple notification by e-mail and without further formalities for any reason, and in particular:
- in the event of improper or illicit use of the Service, especially in the event of a payment problem (including suspicions of money laundering).
- in case of non-compliance with the CGU.
- in the event of cancellation of more than two reservations, except in case of force majeure, in accordance with the conditions of Article 7.
- in case of particularly negative evaluations by other Users or non-conformity between the Vessel and the Advertisement.
- in case of cessation of the exploitation of the Website and/or the Service by BoatiNN.
The User therefore undertakes not to create a new User account.
The User may terminate his/her User account at any time with a simple notification by email to firstname.lastname@example.org
However, it undertakes to maintain and guarantee the management of current or accepted reservations.
The provider complies with Spanish legislation on the protection of personal data, and ensures full compliance with the obligations set out in Organic Law 15/1999 of 13 December on the Protection of Personal Data (LOPD), Royal Decree 1720/2007 of 21 December, which approves the Regulation implementing the LOPD and other regulations in force at all times, and ensures the proper use and processing of personal data of the user.
The User has the right to access, modify, rectify and delete his/her personal data, which can be exercised by contacting email@example.com.
Depending on the choices made at the time the User account is created, the User may receive commercial offers from BoatiNN. If the User no longer wishes to do so, he may object at any time by sending an e-mail informing about it to firstname.lastname@example.org
"BoatiNN" and the logo appearing on the Website are registered trademarks owned entirely by BoatiNN. No license is granted to the User.
BoatiNN is the owner of the intellectual property rights associated with the Service and the Website, and particularly relating to the software elements, ergonomics, layout, graphic elements, logo and design of the Website.
It is forbidden for the User to attempt in any way whatsoever against the intellectual property rights of BoatiNN.
The Users are solely responsible for the Contents and release BoatiNN from all liability in the event of claims related to the Contents for violation of the rights of third parties and of the legislation in force and undertake to indemnify BoatiNN for any damage it may cause and to reimburse it for any damages and interests, expenses, especially advice, that may arise in this respect.
Each user grants, free of charge, a non-exclusive right to reproduce, represent, modify, translate, adapt and sublicense the Contents for the duration of the copyright and worldwide, in any other digital medium, analogue or on paper, for commercial or non-commercial purposes.
If one or more provisions of the General Terms and Conditions are declared null and void by application of a law, regulation or final decision of a competent jurisdiction, the remaining provisions shall retain their full force and effect to the extent permitted by that decision. In addition, the fact for one party not to avail itself of a breach by the other party of any provision of the TOU shall not be construed as a waiver by that party to avail itself in the future of such breach.