THIS AGREEMENT INCLUDES A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND WAIVERS OF JURY TRIALS AND CLASS ACTIONS IN THE “DISPUTE RESOLUTION” SECTION. THIS IMPACTS YOUR LEGAL RIGHTS CONCERNING ANY “DISPUTE” WITH Boatrental.com LLC. PLEASE REVIEW THIS ENTIRE AGREEMENT CAREFULLY, INCLUDING THAT SECTION.

By clicking “sign up,” creating an account, accessing, or utilizing our Services (as outlined below), you consent to forming a legally binding agreement with Boatrental.com LLC , doing business as Boatrental (referred to hereafter as “Boatrental,” “we,” “us,” or “our”). If you disagree with these Terms of Service (“Terms”) and do not wish to be bound by them, refrain from clicking “sign up” and avoid accessing or using the Services. Non-acceptance of these Terms means you lack permission to retrieve information from or continue using the Services. Using the Services contrary to these Terms could result in civil and/or criminal consequences.

You commit to adhering to and being bound by these Terms, regardless of whether you register as a user. These Terms regulate your access to and usage of the Services and all Collective Content (defined below), forming a binding contract between you and Boatrental.

Boatrental operates an online marketplace that links Boat Owners with available vessels for rent to individuals seeking such rentals. This platform is available at https://www.boatrental.com and includes any other sites, apps, features, software, or services provided by Boatrental that reference these Terms (collectively, the “Services”).

Your engagement with our Services is also governed by our Privacy Policy. Additional services from Boatrental may involve separate agreements.

YOU ACKNOWLEDGE AND AGREE THAT BOATRENTAL IS NOT INVOLVED IN ANY CONTRACTS BETWEEN OWNERS AND RENTERS, NOR DOES IT ACT AS A BOAT BROKER, AGENT, OR INSURER. BOATRENTAL HAS NO OVERSIGHT OVER THE BEHAVIOR OF OWNERS, RENTERS, OR OTHER USERS OF THE SERVICES OR ANY VESSELS, AND DISCLAIMS ALL RELATED LIABILITY.

When creating or using an account on behalf of a business, organization, or entity, you affirm that you: (i) are an authorized agent of that entity with the power to bind it to these Terms and confer the specified licenses; and (ii) accept these Terms on its behalf.

Definitions

• Bareboat Rental: A vessel rental backed by a written contract where the Owner relinquishes full control, possession, and operation of the Boat to the Renter, who assumes responsibility for all aspects, including crewing and supplies.
• Boat(s): Refers to watercraft or marine vessels.
• Boatrental Content: All materials provided by Boatrental through the Services, including third-party licensed content, but excluding Member Content.
• Collective Content: Encompasses Member Content and Boatrental Content.
• Content: Includes text, images, graphics, audio, video, software, and other materials or information.
• Renter: A Member who seeks or books a Boat rental via the Services, or who operates a Boat without being its Owner.
• Owner: An individual who lists and manages a Boat for rental, handles approvals, check-ins/outs, and communications. The Owner need not own the Boat but must be authorized by the actual owner.
• Listing: A Boat advertised by an Owner as available for rent through the Services.
• Member: Anyone who registers an account with Boatrental, including Owners and Renters.
• Member Content: All materials a Member uploads, posts, or shares via the Services.
• Service Fee Policy: Details fees for transactions on the Services
• Time Charter: A rental where the Owner provides the Boat but retains operational control, including crewing and provisioning. Owners must comply with all relevant laws for the Boat’s operation.
• Tax or Taxes: Includes sales taxes, GST, VAT, and other similar levies or withholdings.

Certain Service features may have unique terms; in conflicts, those specific terms prevail.

Modifications

You agree to follow all Boatrental policies, rules, and agreements posted on the Services, incorporated herein. These include, but are not limited to:

• Fees Policy
• Cancellation Policy
• Insurance Policy
• Towing Policy
• Boat Eligibility Policy
• Privacy Policy
• Copyright Policy
• Booking Agreement (provided during booking)
• Charter Party Agreement (provided during booking)
• Or other posted policies.

Minimum Age

The Services are for individuals 18 years or older only. Access by those under 18 is prohibited. By using the Services, you confirm you are at least 18.

How the Services Operate

The Services enable listing and booking of Boats by Owners and Renters. Listings are viewable without registration, but booking or listing requires a Boatrental Account.

Boatrental provides a platform for Renters and Owners to connect and book Boats but does not own, operate, or control any vessels or related services. Responsibilities are limited to facilitating Service access and acting as a limited payment agent for Owners.

NOTE: THE SERVICES FACILITATE BOAT BOOKINGS ONLY. BOATRENTAL DOES NOT CONTROL LISTING CONTENT, BOAT CONDITION, LEGALITY, OR SUITABILITY, AND DISCLAIMS LIABILITY FOR ALL LISTINGS AND BOATS. BOOKINGS ARE AT YOUR OWN RISK.

Account Registration

To book or list, register for a Boatrental Account. You may sign up directly or via third-party accounts like Facebook, Google, or Apple (“Third-Party Accounts”).

Linking allows Boatrental to access and store Third-Party Account content (“TPA Content”) for use in your profile. TPA Content is treated as Member Content. You can disable links anytime.

YOUR RELATIONSHIP WITH THIRD-PARTY PROVIDERS IS GOVERNED BY THEIR TERMS.

Boatrental creates your account using provided or third-party data. Limit: one active account. Provide accurate info and update as needed. Boatrental may suspend accounts for violations.

Safeguard your password; you’re responsible for all account activity. Notify Boatrental of unauthorized use. Accounts cannot be sold or leased without permission.

Boat Listings

As a Member, create Listings with details like value, location, features, availability, and rules. Listings are public; bookings based on them. Prices cannot change post-booking request without support.

You ensure Listings comply with laws and third-party agreements. Boatrental assumes no compliance responsibility and may remove Listings at discretion.

Boatrental is not an insurer or agent; agreements are between you and the Renter. Boatrental handles payments as limited agent.

You may set eligibility requirements for Renters. Tools aid decisions, but you’re responsible.

No Endorsement

Boatrental does not endorse Members or Boats. We require accurate info but do not verify identities. You’re responsible for vetting others.

Remedies for harm from others are against them, not Boatrental (except for payment remittance claims).

Bookings and Financial Terms

Owners must confirm/reject bookings within 24 hours or face cancellation. We share Renter details for decisions.

Fees include Boat Fees (set by Owner) and Reservation Fees (Boatrental’s percentage). Taxes may apply. Total Fees collected at confirmation.

Boat Fees may cover cleaning/fuel. Renters handle fuel; reimbursements require receipts.

Boatrental remits Boat Fees (less fees) to Owners post-rental start.

Non-collection doesn’t waive rights. Boatrental may process charges/refunds if parties unresponsive.

If debt uncollected in 30 days, third-party recovery may be used, including fees.

Exclusivity Agreement

Owners must use Services for rentals; circumventing fees incurs up to $1,000 penalty plus standard fees.

Minimum Rental Age

Varies by rental type: 18 for non-peer-insured or captained; 25 for self-operated peer-insured, with verification.

Insurance

Renters review coverage. 

Limited Payment Agent Role

Owners appoint Boatrental as agent for collecting Renter payments, equivalent to direct payment. Boatrental handles cancellations/refunds per policy.

Boatrental may collect fees from Owners via deductions.

We address unauthorized transactions but assume no liability.

You’re liable for disputes, refunds, etc. Provide evidence to challenge; success not guaranteed.

Fraud losses are your responsibility.

No Listing Fees

Currently free, but Boatrental may introduce fees with notice.

Terms for Renters

Owners honor bookings. You enter agreements with Owners; Boatrental disclaims liability beyond payment remittance.

Pay Total Fees upon confirmation. Pre-authorizations may apply.

Provide billing info; authorize charges, including for damages/deposits.

Processing Errors/Chargebacks

We correct errors. For erroneous payments, attempt recovery; Owners return funds promptly.

Payment Processor (Stripe)

Subject to Stripe’s agreements.

Security Deposits

Included in Listings; pre-authorized on Renter’s card. Boatrental facilitates but disclaims liability.

Non-response within 7 days resolves claims. Boatrental may cancel if deposit not secured.

Service Fees

Reservation and Commission Fees based on Boat Fees; deducted/remitted. Non-refundable except as stated.

Boatrental Credits

Redeemable for bookings; auto-applied. Disputes via support. Forfeited on account closure.

Limited Time Incentives

Subject to change; accounts may be suspended.

Captains

For Bareboat: Renters select qualified captains; subject to service agreement.

No endorsement; credentials your responsibility.

Captains are Renter’s employees; ensure insurance.

Captains set fees; cancellations per agreement.

Damage – Bareboat

Renters return Boat as received. Pay for damages; charges post-notification.

Cooperate in investigations. Deposits cover deductibles on claims.

Cancellations/Refunds

Pre-confirmation: refunds immediate. Post: per Owner policy.

Owner cancellations: refunds, alternatives offered; penalties apply.

Taxes

Owners handle reporting/collecting. Boatrental may issue forms (e.g., 1099-K for thresholds).

User Conduct

Comply with laws. Prohibited: violations, scraping, infringement, harassment, circumvention, etc.

Boatrental investigates/prosecutes violations; may remove content.

Privacy

See https://www.boatrental.com/legal/privacy_policy.

Ownership

Services/Materials owned by Boatrental; limited license granted.

Member Content License

Grant Boatrental rights to use/submit content.

Represent ownership/non-infringement.

Links

Boatrental not liable for third-party sites.

Feedback

Assigned to Boatrental.

Copyright Policy

Submit notices per policy.

Termination

Boatrental may terminate access; you remain liable. Cancel via support.

Disclaimers

Services “as is”; no warranties. Sole risk; no verification.

Authorize identity checks.

Disclaim liability for acts/omissions.

Limitation of Liability

Max to recent payments or $100. No indirect damages.

Indemnification

Hold Boatrental harmless from claims related to use/Content/interactions.

Export/Restrictions

Warrant compliance; no prohibited use.

Reporting Misconduct

Report to authorities then support.

Entire Agreement

Supersedes priors.

Assignment

Non-transferable without consent.

Notices

Via email/posting.

Governing Law/Jurisdiction

Florida law; courts in Broward/Southern District.

Dispute Resolution

Binding arbitration (AAA/FairClaims); no jury/class actions.

Process/location per rules.

EU: consumer rights apply.

Changes: reject via notice.

SMS Terms

Authorize messages; opt-out via STOP/settings.

Help: support@boatrental.com.

General

No waiver unless written. Severability.

Contact via support ticket.