Boat Owner's Policy

Version 8: last modified 02.05.2017

 

1.Introduction

This policy sets forth the terms and conditions of an Owner’s, (hereinafter ‘Owner’, or ‘You, Yours, or ‘User’) use of Book2Sail’s Services, collectively the ‘Services’. Book2Sail may also be hereinafter referred to as ‘Us, ‘We’, ‘Our/s’. Owner and Book2sail may hereinafter be referred to as ‘party’ or collectively as the ‘parties’

 

2.Definitions:

Boat means any watercraft which is available on the Website for chartering (such as sailing yachts, motor boats, jet skis, catamarans, etc);

Book2Sail means the online Website www.book2sail.com owned and operated by SAS Marine Services Limited, a Malta registered company with registration number C 66732, and with principal place of business at 5th Floor, Avis House, 50 Msida Seafront, Msida, MSD 9043, Malta;

Charterer means an individual who requests a booking of a Boat via the Services;

Check-In means the date and time of the boarding of the Boat as chosen by the Owner in the listing of the Boat or the arrival of the Boat on the first day of the charter;

Owner means a person who owns a Boat/s or a person who is duly authorised by a Boat owner, and who creates and manages a Boat listing on the Website and is responsible for accepting chartering of such Boat/s, of communicating with the Charterer in order to agree on the terms of the Boat Charter Agreement;

Service/s means the matchmaking service offered via the Website by Book2sail in order to match Owners and Charterers to facilitate the chartering of a Boat which is for rent and which is at dock or at sea;

Terms mean this Boat Owners’s Policy together with all the other Policies and General Terms and Conditions available on Our Website;

User means any User of the Website and/or Services whether he /she is an Owner or Charterer;

User Account means an online account created by a User via the Website in order to use the Services.

 

3.Acceptance of Policy

This policy is supplemented by the Book2Sail General Terms and Conditions and the Privacy Policy found here , which are incorporated herein by reference and are applicable to You as the Owner. A separate boat charter agreement will be in place between You and the Charterer. Note that Book2Sail is not a party to the said Boat Charter Agreement. Book2Sail does not have any obligation to answer in the event of non-fulfilment or the incomplete fulfilment of the Boat Charter Agreement which you will enter into with the Charterer. You hereby expressly accept this limitation of liability of Book2Sail, and in consequence Book2Sail is only responsible for managing and formalising the booking of the  boat You list with Us, and of managing the payment of the deposit and the charter fee according to the terms stipulated below.

Book2Sail is a venue and is NOT a party to any Boat Charter Agreement or other Transactions between Users of the Website. Book2Sail acts as a venue for users of the Website, and makes it possible for Owners and Charterer to list and view available boats to facilitate the rental of such boats.

Although we aim to perform our services as advertised by Us on the Website, we cannot verify or guarantee that ALL information is precise, complete and correct. You are solely responsible for the accuracy of the Boat listing and solely responsible for knowing and abiding by the laws and regulations for owning and operating a Boat in the jurisdiction within which the Boat will be chartered and used.

 

4.Definition of Owner and Eligibility

An Owner means any adult private individual over 18 years of age, holder of a valid ID Document, enjoying full legal capacity or legal entities duly incorporated and registered in their country of jurisdiction, who have title of ownership to the listed Boat or is otherwise the registered and/or documented owner of the boat and who accept unconditionally the present terms and agree to be bound by them when listing their Boat on the Website and when using the Services.

Owners may also provide skipper / captain services as an additional service. These terms however are to be agreed upon and negotiated directly between the Owner/s and the Charterer/s and Book2Sail has no responsibility or liability as to whether the boat was properly operated by a person who has a nautical license or otherwise. The Owner is the person bound to ensure that his / her boat is properly operated by a person who holds a valid nautical license.

 

5.Boat Listings 

As a User of the Service, You may create Boat listings via Your User Account. To this end, You will be asked a variety of questions about the Boat to be listed, such as, the daily price for chartering, the location of the Boat, dimensions, features, availability of the Boat, terms in relation to security deposit, and any incidental charges for additional services offered by You such as cleaning, bedding etc, together with a photo of the Boat. You will also list whether the Boat requires nautical qualifications for its use or if it requires the presence of a professional skipper/ captain. You acknowledge and agree that listings will be made publicly available via the Website. Other Users will be able to book Your Boat for a bareboat charter via the Services based upon the information provided in Your Listing. You understand and agree that once a Charterer requests a booking of Your Boat, the price for such booking may not be altered.

You acknowledge and agree that You are responsible for any and all listings You post including responsibility for their accuracy. Accordingly, You represent and warrant that any listing You post on the Website and the booking of, or Charterer’s use of, a Boat in a listing You post (i) will not breach any agreements You have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to the Boat included in a listing You post, including, but not limited to, insurance requirements, marina regulations, safety requirements, and laws governing the charter and operation of Your Boat, (iii) not conflict with the rights of third parties.

Please note that Book2Sail assumes no responsibility for an Owner’s compliance with any applicable laws, rules and/or regulations.

Book2Sail reserves the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including listings that Book2Sail, in its sole discretion, considers to be objectionable for any reason, fraudulent, or in violation of these terms or otherwise harmful to the Service and/or the Website.

Please note that chartering Your Boat may void, among other things, Your own insurance policies, bank loan, boat mortgage and/or warranty terms associated with the same. Understand the implications of bareboat chartering Your Boat before doing so and ensure that Your Boat has the required certifications / licenses for it to be chartered against a price.

You understand and agree that Book2Sail does NOT act as an insurer or as a contracting agent for You as an Owner. If a Charterer requests a booking of Your Boat and charters Your Boat, any agreement You enter into with the Charterer is between You and the Charterer and Book2Sail is NOT a party thereto.

Notwithstanding the foregoing, Book2Sail serves as the limited authorized agent of the Owner for the purpose of accepting payments from Charterers on behalf of the Owner and is responsible for transmitting such payments.

When you create a listing, you may also choose to include certain requirements which must be met by the Users requesting a booking of Your Boat, including, but not limited to, requiring Users to have a profile picture, verified phone number, or captain in order to book Your Boat. Any User wishing to book Boats included in listings with such requirements must meet these requirements; however, we do not attempt to confirm or verify such information.

 

6.Identity Verification

User verification on the Internet is difficult and We cannot, and do not, assume any responsibility for the confirmation of each User's purported identity.

You agree to (i) keep Your password and online ID for both Your Book2Sail User Account and Your email account secure and strictly confidential, providing it only to authorized users of Your accounts, (ii) instruct each person to whom You give Your username and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new username and password if You believe Your password for either Your Book2Sail User Account or Your email account may have become known to an unauthorized person, and (iv) notify Us immediately if You are contacted by anyone requesting Your username and password. We discourage You from giving anyone access to your username and password for Your Book2Sail User Account and Your email account. However, if You do give someone Your username and password, or if You fail to adequately safeguard such information, You are responsible for any and all transactions that the person performs while using Your Book2Sail User Account or Your email account, even those transactions that are fraudulent or that You did not intend or want performed.

 

7.Owner Duties

When using the Services You warrant that:

  • You will be able to prove at any time Your legal title and ownership of the Boat/s You have listed on the Website;
  • You have properly registered, as required by applicable law,  Your Boat/s with the competent authorities;
  • Your Boat is seaworthy, that it will be maintained in a seaworthy condition and that it is otherwise fit, safe and fully compliant with all applicable laws. During the Charter Period, Owner should always make himself or a delegate someone available with knowledge of the Boat features and equipment to respond to any Charterer’s questions. Remember, before each charter it’s your responsibility as the Owner to inspect your Boat and its associated engines, gear, batteries, equipment and safety devices to make sure they’re all in good working order, accessible and otherwise ready for use.
  • You are responsible for ensuring that the Boat has all of the safety and life saving equipment required by law and all government authorities as well as what would be expected in the practice of good seamanship in the territorial jurisdictions where the Boat is being used, including but not limited to life jackets, fire extinguishers, flares, etc. and that all such equipment is readily accessible and in good working order.
  • You are responsible for maintaining the Boat so that it may be safely operated by any Charterer and seaworthy at all times. Owner may not place in the Boat any modifications, devices, equipment or other items that may interfere with the safe operation of the Boat or which are not endorsed or approved by the manufacturer or by the competent authorities.
  • You are responsible for making sure that the Boat is clean, sanitary and otherwise appropriate to receive the Charterer at the start of each charter period;
  • You agree that any existing damage that is not documented by the Owner prior to the charter is solely the responsibility of the Owner;
  • You will make available, in case of an inspection, when required or when requested, the Certificate of Registration of the Boat to the Charterer or the competent authorities;
  • You have in place a valid certificate of insurance (Third Party liability or all-risk) under the conditions of Article 14 below and You present a valid certificate of insurance upon first listing the Boat with Book2Sail or to the Charterer if requested;
  • You are solely responsible, whether the check-in and check-Out process for the charter is completed by Owner or an authorized person of the Owner, to review with Charterer all safety features, vessel operation procedures, conditions of use and documentation of the Boat prior to the start of any Charter;
  • You are responsible in verifying the identity of the Charterer before signing the boat charter agreement. Specifically You are to check that the name on the charter agreement matches the identity document presented by Charterer;
  • You are to verify that the Charterer is a holder of the required certificates and / or qualifications specified in his nautical CV as necessary for the navigation of the Boat;
  • You possess the legal authority to enter into a legally binding contract and obligation with Us, and separately with the Charterer;
  • You will use this Website in accordance with the Terms;
  • You will only use this Website to list the Boat/s for chartering or transact legitimate boat chartering for the Owner whom you are legally authorized to act;
  • You will inform such other persons about the terms and conditions that apply to the boat charter You have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto;
  • all information supplied by You to Us is at all times true, accurate, current and complete;
  • You will provide the data requested by Book2Sail in order to list Your Boat, and for the Charterer to contact you and sign the Boat Charter Agreement with the Charterer, and for payment to take place;
  • You accept that We may transmit Your personal data to the Charterer so that the terms of the Boat Charter Agreement can be agreed to between You and the Charterer;
  • You will provide truthful information when rating the Services. We reserve the right to accept, reject or withdraw the valuations and opinions submitted by You;

The Owner agrees and undertakes to comply with its social and fiscal obligations according to their status. To this end Book2Sail makes available affordable electronic links from the User Account to the government sites to comply, where applicable with those obligations. The Owner understands that Book2Sail is released from any liability which might result from an Owner’s failure to comply with his social and fiscal obligations.  The Owner must provide to the Charterer, upon first request, an invoice for the price paid for the chartering of the Boat. The Owner is also committed not to divert and / or solicit Users of the Service and not to conclude charter agreements directly with them, and not via the Website, where he first got in touch with Charterer.

 

8.Location of Boat and Charter Procedures.

  • Charter location: The Owner must make the Boat available at an agreed location accessible to Renter prior to Check-In.
  • Drugs: Owner will not use or carry illegal contraband goods on the Boat at any time.
  • Fuel: Owner is responsible for keeping the fuel tank full or at the maximum capacity allowed by the Boat’s marina or the maximum capacity recommended by the manufacturer at all times when the Boat is available for Charters. It is up to the Owner to either include Fuel Cost or exclude it, when providing the Owner Price.
  • On Time Availability: If the Owner approves a Charter to begin at a specified time, it is the Owner’s responsibility to make the Boat available to the Charterer at that time and at the location agreed upon.

 

9.What is a Bareboat Charter Agreement

A bareboat charter agreement is an arrangement for the chartering or hiring of a boat, whereby no crew or provisions are included as part of the agreement; instead, the person who rents the boat from the owner is responsible for taking care of such things. The owner gives possession of the boat to the Charterer also referred to as a charterer and the Charterer hires its own captain/ skipper and crew. At times it is possible to do so via the Owner directly by purchasing such additional services or else via a third party company which offers boat management services.

It is important You understand all of Your rights, liabilities and obligations. For Your ease, here are some basics of bareboat charters:

  • The owner retains the title of the vessel for the duration of the bareboat charter.
  • The charterer stands in the shoes of the owner for purposes of managing the boat.
  • The charterer is responsible for the safe navigation of the vessel.
  • A bareboat charter can only carry up to 12 passengers plus paid crew.
  • A bareboat charter cannot carry passengers for hire.
  • If a captain is retained the charterer must hire the captain.

This summary of bareboat charters is not intended to be all inclusive and must NOT be relied upon as legal advice. The Owner and Charterer is each responsible to know and follow all laws and regulations related to bareboat chartering within their jurisdiction and for reading, understanding and agreeing to the Bareboat Charter Agreement which is signed between the Owner and Charterer.

An example of a bareboat charter agreement template which is used around the globe can be found here. This template is provided to You and the Charterer purely for ease of reference and use, and such template is provided by Book2Sail without any warranties or representations whatsoever and it is Your sole responsibility and that of the Charterer to read, understand and make certain the Bareboat Charter Agreement is suitable and acceptable by both parties. You agree that Book2Sail is not responsible for any claims arising out of Your use of the template of the bareboat charter agreement and it is Your sole responsibility to seek legal advice and to fully understand the implications of bareboat chartering.

10.Bookings

The Owner/s, not Book2sail, are solely responsible for honoring any confirmed bookings and making available any Boats reserved through the Services. As soon as Charterer makes a booking offer for Your Boat, and You accept the booking within the stipulated 12 hours as explained below, You agree and understand that You will be required to enter into an agreement with the Charterer. You acknowledge and agree that You, and not Book2Sail will be responsible for performing the obligations of any such agreements, that Book2Sail is not a party to such agreements, and that, with the exception of its obligations hereunder to pay the charter fees to You, Book2Sail disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Book2Sail is not a party to the agreement between You and the Charterer, Book2Sail acts as Your payment agent for the limited purpose of accepting payment of the Total Price from the Charterer on Your behalf. Book2Sail is only liable to You for that part of the amount which is due to be paid to You, and Book2Sail shall not have any further payment obligations towards You. Book2Sail is responsible for remitting to You the Total Price less  the Owner’s Commission, unless Book2Sail is notified of a complaint within 24 hours from Check-In. In the event where no complaint is lodged, Book2Sail will remit such payment to You via bank transfer to those bank details as provided by You to Book2Sail. In the event that Book2Sail fails to remit any such amounts to You, except of a complaint lodged by the Charterer, You will have recourse for such amounts only against Book2Sail.

 Once a booking offer is submitted by Charterer, an email will be sent to You and You will then have 12 hours to reject or accept the booking offer. As an Owner You may accept or reject a booking offer at Your own discretion. After the lapse of 12 hours from when a booking offer is submitted, the booking offer will expire and Book2Sail will offer an alternative boat to Charterer.

 At all times the Owner undertakes to keep the calendar showing the Boat’s availability updated, and not to double book the Boat for the same dates. Any booking errors or cancellations due to a non-updated calendar or due to a double booking on the part of the Owner will be dealt with in accordance with Clause 12 below.

 

11.Payment and Security Deposit

For the purposes of this Clause the term ‘Total Price’ means the price freely chosen by the Owner at the time the Owner lists his boat on the Website, hereinafter ‘Owner Price’ which shall also include the ‘Owner’s Commission’, due to Book2Sail, for the provision of the Services. The Owner Price MAY also include the price of fuel necessary for the charter however whether fuel is included or not is indicated by the Owner when listing the Boat. The Owner Price excludes any additional services such as bedding costs, cleaning costs, skipper costs and so on, and these are to be agreed upon directly between the Owner and the Charterer.

Book2Sail reserves the right to amend the Owner’s Commission at any time and such changes will be published on Our Website and also sent via email to all Users, 30 days prior to entering into force. It is Your responsibility to review these Terms upon accessing the Website. Each version of these Terms will be identified at the top of the page by its last modified date

Should a potential charter submit a booking request, that is confirmed by the Boat Owner, more than thirty days (30) prior to the specified date the charter is due to commence, we, Book2sail, will request/process the payment of 50% of the total price, which will consequently be remitted to the boat owner (less the ) within 7 days of request being accepted. The remaining 50%, of the total price, shall be remitted to the Boat Owner, less the commission, thirty days (30) prior to the specified date the charter is due to commence.

Should the potential charterer submit a booking request, of which the desired date is less than thirty days (30) prior to the specified date the charter is due to commence, 100% of the total price shall be requested from the charterer and will be remitted to the Boat Owner (less the Owner’s Commission) within 7 days (seven days) of the said request being accepted by the Boat Owner. 

Exceptionally, the Charterer can pay in two (2) installments if:

  • the amount of the Total Price exceeds two thousand Euros (€2,000.00), including taxes and charges, and
  • the Charter will begin more than 30 days after booking is confirmed by the Owner.

In such cases the Charterer will pay Book2Sail, via bank transfer, a deposit equivalent to sixty percent (60%) of the Total Price and then pays the remaining balance to Book2Sail, via bank transfer, of forty percent (40%) of the Total Price thirty (30) days before Check-In.

Payment of the Total Price to Book2Sail can be made online via the following methods available on Our Website:

  1. Via our payment gateway using a debit or credit card. Note that when using such method Charterer will be charged a payment gateway processing fee, as applicable.
  2. Charterer may opt to pay via bank transfer to Our Book2Sail bank account. 

Once payment is made, Book2Sail will communicate Charterer details to You so that You can get in touch with Charterer to agree and sign on the boat charter agreement terms.

Note: The payments made through the payment gateway set up on the Website can be effected by debit or credit cards such as Visa, Visa Electron, Master Card, and Maestro, as well as other means which may be implemented online from time to time.

Book2Sail will issue and invoice to the Owner for the Owner’s Commission, which will be downloadable directly from his/her User Account.

Security Deposit: You as the Owner may require an additional security deposit for the chartering of Your Boat. If required, the amount of the Security Deposit will be listed by You on Our Website when listing Your Boat. Such Security Deposit, is payable directly to You by the Charterer, upon Check-In, and You will return the deposit upon the end of the charter and once You have checked that the Boat has been returned in good order and without suffering any Damage as defined in Clause 14 below. In the event of any disputes between Owner or Charterer in relation to such Security Deposit claims, Book2Sail declares that it has no responsibility or liability in relation to such disputes and it is an external third party to such disputes.

 

12.Cancellation Policy

Book2Sail has a standardized cancellation policy that We will enforce to protect both Charterer and Owner.  Cancellation of bookings must be made in writing via the User Account.

Cancellation on the part of the Owner:

Boat Owner cannot request the cancellation of a booking which he has confirmed, except in cases of Force Majeur as defined in Article 13.

In the case of special personal circumstances, which may lead to the Owner cancelling the booking, We will endeavor to offer the Charterer an alternative Boat for the same period. If no alternative solution is found, We will refund the Charterer the Total Price

he Owner’s Commission will still be invoiced to the Owner. If the Owner does not pay this invoice directly to Book2Sail, the amount due for this would automatically be debited by Book2Sail as part of the next transaction made by the Owner via the Website, using the Service.

Following three (3) consecutive and abusive cancellations on the part of the Owner, Book2Sail reserves the right to delete the Owner’s User Account.

However, if the request for the cancellation of a booking by the Owner is caused by the Charterer’s inability to justify his/her certification or qualifications as mentioned in his/her nautical CV, this cancellation will be considered justified. In such case, the Charterer will not be able to demand a refund of the Total Price or any part thereof under any circumstances. The Owner will receive the Total Price, less the Owner’s Commission.

Cancellation on the part of the Charterer:

The Charterer may cancel the booking as follows:

  1. If the Charterer cancels for any reason and/or for convenience, up to thirty (30) days before Check-In he/she will be refunded for 50% of the Total Price. Book2Sail will remit payment to Owner equivalent to 50% of the Total Price (less the Owner’s Commission). 
  2. If the Charterer cancels the booking for any reason and/or for convenience, within less than thirty (30) days before Check-In no refund will be provided to Charterer. Book2Sail will remit payment to Owner equivalent to the Total Price (less the Owner’s Commission).

Cancellation by the Charterer if the Boat does not correspond to listing / major fault or breakdown:

The Charterer may also cancel the booking if a problem arises due to the fault or negligence of the Owner, or for instance for one of the following reasons:

  1. If the description of the Boat in the listing on the Website or in the charter agreement, is materially inaccurate with respect to:
  • the size of the Boat (e.g., number and size of the seating capacity, make, or model);
  • if another party, including the Owner, is using the Boat during the booking;
  • special features represented in the listing description are not provided or do not function, such as engine breakdown , major fault,  water, lights, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, WIFI, heating or air condition systems
  • the physical location of the Boat (proximity) is not that as provided in the listing;

In such circumstances the Charterer has the right to file a complaint before Check-In to Book2Sail via its User Account, explaining in detail, and together with supporting pictures or documentation, such circumstances. In such instances the Charterer may decide to proceed with the Charter but he/she will not be able to request a refund of the Total Price or any part thereof, for any reason whatsoever, concerning this booking. In the event the Charterer decides to cancel the Charter, Book2Sail agrees as a gesture of goodwill and without this allowing the User to hold Book2Sail liable in any way, to refund to the Charterer the Total Price (less the Owner’s Commission) within fifteen (15) days from cancellation via bank transfer. 

Cancellation due to Force Majeur:

In the event of cancellation due to cases or occurrences of Force Majeure within the meaning of Article 13 below, any User may request:

  1. the postponement of the booking at a later date, or;
  2. the cancellation of the booking, after justifying the said reasons via a notice in writing to Book2Sail within 12 hours from the intended Check-In. In this instance a full refund of the Total Price (less the Owner’s Commission) will be given to the Charterer within 15 days from receiving such notice in writing via bank transfer.

 

13.Force Majeur

For the purposes of these Terms, the following shall constitute instances of Force Majeur:

  • Special weather warnings preventing all sea trips;
  • Legislative and regulatory changes or political unrest;
  • Natural disasters, fires, storms, floods, wars, and acts of terrorism;
  • Strikes;
  • Failure in cooling systems and hardware, jamming and slowdowns of electronic communications network;
  • Electrical surges and shocks;
  • Safety related cancellations stemming from the event of lightning, thunderstorms, heavy rain, or heavy wind within eight (8) hours from the time of the scheduled Check- In;
  • Death in the family;
  • Any other unpredictable circumstances beyond the control of Book2Sail.                

 

14.Damage to Boats

In the event that You claim and provide evidence of damage, including but not limited to, photographs, You shall keep that part of the Security Deposit equivalent to the damage caused, or if the Security Deposit is less than the damage caused or in the event where no security deposit was paid, You are responsible to submit an insurance claim with Your insurance provider without any unnecessary delays. Book2Sail has no responsibility in this regard or towards filing a claim with Your insurers, but it is Your sole responsibility to do so. Upon return of the Boat after each Charter You or Your authorized representative are fully responsible to take photographs of any new damage.

Both Charterer and Boat Owner agree to cooperate with and assist Book2Sail in good faith, and to provide Book2Sail with such information and take such actions as may be reasonably requested by Book2Sail, in connection with any complaints or claims made by Users relating to Boats or any personal or other property located on a Boat or with respect to any investigation undertaken by Book2Sail or a representative of Book2Sail regarding use or abuse of the Website, or the Services.

 

15.Insurance

Owner is required to maintain a valid Boat (Third Party liability or all risk) insurance at the time of listing the Boat on the Website and for as long as the Boat remains listed on the Website.

V.8 – 02.05.2017