Member Terms & Conditions

Book Luxury Boat Member Interface Agreement

Effective Date: January 23, 2024

Consideration This Member Interface Agreement (“Agreement”), acknowledges the receipt and sufficiency of consideration, and binds the member (“Member”) to the terms and conditions set forth herein, along with the Terms of Use and Privacy Policy (collectively, “Governing Documents”) made available on the Book Luxury Boat website. These documents are subject to updates, with the current versions accessible at https://bookluxuryboat.com.

Member Relationship with Book Luxury Boat This Agreement governs the Member’s access and use of Book Luxury Boat’s services, including but not limited to our website, software, products, and services (collectively, “Services”). “Book Luxury Boat”, doing business as https://bookluxuryboat.com. Herein, Book Luxury Boat and the Member are individually referred to as “Party” and collectively as “Parties.” Use of Book Luxury Boat’s Services is contingent upon acceptance of all terms within the Governing Documents. Book Luxury Boat reserves the right to restrict access or terminate the services for any Member at any time, for any reason, including but not limited to, non-compliance with the Governing Documents.

Definitions

  • “Customer,” “Renter,” or “User” refers to any individual or entity that engages in rental transactions with a Member through the assistance of Book Luxury Boat’s Services.
  • “Book Luxury Boat Website” or “Website” encompasses the online platform operated under the domain https://bookluxuryboat.com, along with any other websites owned or managed by Book Luxury Boat that facilitate online advertising services.
  • “Member” or “you” identifies any registered user of Book Luxury Boat’s Services who posts listings for boat rentals or related services on the Book Luxury Boat Website. This includes all parties involved in offering or delivering boat rental services to Book Luxury Boat users.
  • “Terms” collectively refers to this Member Interface Agreement, the Terms of Use, and the Privacy Policy governing the use of Book Luxury Boat’s Services.

Order of Precedence Regarding Book Luxury Boat Terms

This Agreement is complemented by the Terms of Use and the Privacy Policy, both of which are accessible at https://bookluxuryboat.com and are hereby incorporated by reference. Book Luxury Boat reserves the right to periodically amend the Terms of Use and Privacy Policy. The relationship between the Parties under this Agreement is primarily governed by the stipulations of this Agreement and secondarily by the Terms of Use. In the event of any discrepancies or conflicts between documents, the provisions of this Agreement shall prevail.

Acceptance By utilizing the services offered by Book Luxury Boat, you agree to the terms outlined in this Agreement. Acceptance is confirmed either by (i) actively agreeing to the terms through an available option within our service interfaces, or (ii) through the actual use of our services. In the latter scenario, your continued use of our services signifies your agreement to these terms and conditions from that point forward.

Website Availability and Member-Generated Content

  • Website Availability: Book Luxury Boat commits to making reasonable efforts to ensure uninterrupted access to our services, barring any scheduled maintenance or unforeseen disruptions beyond our control. However, we cannot guarantee continuous, uninterrupted access.
  • Member-Generated Content: You are solely responsible for any content you publish or share through our platform, including messages, texts, images, and other materials. While Book Luxury Boat serves as a platform for sharing your content, you must ensure that you have the necessary rights and permissions to post such content and allow its use in connection with our services. We do not verify the accuracy, authenticity, or completeness of any content posted by Members. It is your responsibility to ensure that your listings are accurate and comply with all relevant regulations, including but not limited to, the legality and safety of the boat, qualifications of the crew, and insurance requirements. Should inaccuracies in your listings be identified, it is your responsibility to correct them or contact Book Luxury Boat for assistance.

We reserve the right to suspend or cancel your listing without prior notice if we suspect your account is being used fraudulently or without authorization.

Posting content that is deemed offensive, harmful, or in violation of third-party rights, including intellectual property, privacy, and publicity rights, is strictly prohibited. Book Luxury Boat reserves the right to remove such content at our discretion.

License Agreement

By sharing your content on Book Luxury Boat, you maintain ownership over your original content. However, in doing so, you grant Book Luxury Boat a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license that is transferable and sublicensable, to use, modify, reproduce, publish, display, and create derivative works from your content, including your name, voice, and likeness as they might appear in your content. This license extends to all forms of media and technologies currently known or hereafter developed, supporting Book Luxury Boat’s operations, its successors, and affiliates. Furthermore, every user of Book Luxury Boat’s services is granted a non-exclusive right to access, use, reproduce, distribute, and display your content as allowed by the functionality of Book Luxury Boat’s services.

Copyright Policy & DMCA Compliance

Book Luxury Boat respects intellectual property rights and expects the same from its users. We are committed to responding to and resolving claims of copyright infringement in a responsible manner.

Pursuant to the Digital Millennium Copyright Act (DMCA) of 1998, Book Luxury Boat will act swiftly to remove content that infringes upon copyright and, where appropriate, terminate the accounts of repeat infringers.

Member Responsibilities

Registration and Compliance Before accessing our services, Members must register on the Book Luxury Boat website, fulfilling all necessary actions to meet our registration criteria and agreeing to our Terms of Use.

Legal and Regulatory Adherence Members are obligated to comply with all relevant laws, regulations, and rules that apply to their listings, boat rentals, and overall use of our services. This includes adherence to tax laws, safety standards, licensing requirements, and ensuring accurate renter identification and documentation. Members are responsible for ensuring their rental operations, including captained charters, are fully compliant with local laws, including maintaining necessary insurance coverage and adhering to safety protocols.

Insurance Coverage
To protect your business and ensure the safety of all passengers, you must have insurance that specifically covers your vessel for charters.

Subscription Fees No initial fees are required for joining or subscribing to Book Luxury Boat’s services. However, Book Luxury Boat reserves the right to introduce subscription fees, with prior notice to Members. A service fee of 12.5% of the total rental cost (covering booking and any additional expenses) will be charged. This fee, along with any applicable taxes collected, will be deducted from the rental charges paid by the Renter before remittance to the Member. Direct or indirect exchanges of money between Renters and Members outside of Book Luxury Boat’s payment system constitute a violation of our agreement.

Communication with Users Members are granted a license to use personal information obtained from or through our website solely for legitimate communications related to our services, facilitating financial transactions, or other purposes directly connected to the use of Book Luxury Boat. Any misuse of personal information, including unauthorized sharing or using information for illegal purposes, is strictly prohibited. Members must protect user information with the same level of care as their own confidential data and are liable for any misuse, loss, or unauthorized transfer of such information.

Prohibition of Spam Book Luxury Boat has a zero-tolerance policy for spam and unsolicited commercial communications. Members may not add other Members or Users to mailing lists without their express consent and are prohibited from using any website tool to distribute spam or violate our terms. Members are responsible for the content they share on the website and must safeguard any personal information of Users they engage with through our platform.

Licensing and Capacity
When a captain is provided as part of your service and included in the price, the captain must have an appropriate Transport Canada Proof of Competency, and your vessel must be federally registered. A Safety Inspection Certificate is required to operate with more than 12 passengers. Certain bodies of water may require additional permits or regulations. By adding a listing on Book Luxury Boat, you agree to be solely responsible for compliance with all local, state, and country ordinance.

Content Submission and Layout Guidelines

All content, including text, images, and any edits made by Members, is subject to Book Luxury Boat’s review and approval at our sole discretion. We reserve the right to decline publishing any content that doesn’t align with our Terms or standards. While we are not obligated to review all content, we are not liable for any potential loss or damage resulting from the placement or modification of submitted content. All submissions must adhere to our guidelines, and we may adjust content to meet our formatting needs. It is the Member’s responsibility to ensure their content appears as intended on our platform.

Member Indemnification Agreement

Members agree to defend and indemnify Book Luxury Boat against any claims, losses, or expenses (including attorney fees) resulting from: (a) Any negligent or wrongful actions, or failure to adhere to legal or regulatory obligations; (b) Breach of this Agreement’s representations, warranties, or covenants; (c) Infringement of third-party intellectual property rights due to content provided by the Member; (d) The Member’s failure to collect and remit applicable taxes for services rendered, particularly if such failure stems from not notifying Book Luxury Boat about changes in the service location affecting tax obligations.

Tax Collection and Remittance

Starting from the date indicated at the beginning of this document, Book Luxury Boat will begin to collect and remit applicable taxes (including VAT) as required by law in certain jurisdictions. This process will be phased in and may not cover all jurisdictions immediately. Members will be informed when tax collection and remittance commence in their area. By entering into this Agreement, Members authorize Book Luxury Boat to collect taxes on their behalf and acknowledge that Book Luxury Boat will only collect taxes as legally required, based on the provided information.

Members should not collect any taxes from Renters that Book Luxury Boat collects and, unless mandated by local regulations, should not report these taxes on their tax returns. Members are responsible for collecting and remitting any taxes not covered by Book Luxury Boat’s collection efforts. Book Luxury Boat will determine the amount of tax to collect based on the Member’s location unless notified otherwise by the Member. Failure to inform Book Luxury Boat of a change in the delivery location of a boat to a User, resulting in incorrect tax collection, will make the Member liable for any resulting tax discrepancies.

In jurisdictions requiring reporting or withholding of taxes from Member payouts, Book Luxury Boat will comply with such legal obligations, potentially withholding payouts until the Member provides adequate documentation. Members acknowledge that Book Luxury Boat may issue invoices or similar documents on their behalf for accurate tax reporting related to bookings.

Oversight of Direct Bookings When Members facilitate direct bookings, bringing Renters directly to our platform, Book Luxury Boat does not verify or monitor the submitted information for accuracy or completeness. Members are responsible for ensuring the reliability of the information they provide. Despite efforts to maintain accurate and current site content, Book Luxury Boat does not guarantee the absence of errors or outdated information.

Cancellation by Owner

Please note that transaction fees are non-refundable. Book Luxury Boat imposes a fee for cancellations made after a booking agreement has been confirmed between both parties. The cancellation fee structure is as follows:

  • For rentals under $149: A $5 fee applies.
  • For rentals between $149 and $349: A $20 fee applies.
  • For rentals over $350: A $50 fee applies.

Members will incur these cancellation fees, which will be deducted from their next successful rental payment processed through Book Luxury Boat. Renters must adhere to the cancellation policies detailed in each listing. Should a Member cancel a booking for reasons unrelated to weather or safety concerns affecting the Renter, that Member will be responsible for paying the transaction fee for the rental.

Policy on Chargebacks

If a Renter disputes any charge, they must first provide Book Luxury Boat with a comprehensive written explanation of the dispute within fourteen (14) days of the charge, prior to initiating a chargeback with their credit card issuer. Failure to notify us within the stipulated timeframe will invalidate any claim or dispute. Upon request from Book Luxury Boat, Renters are required to furnish further written details or documentation to support their dispute. Renters agree not to challenge valid charges made in accordance with these Terms of Use.

Members acknowledge that Book Luxury Boat serves as an intermediary for booking and payment transactions between Renters and Members, with Members bearing the risk associated with rental payments. If a Renter successfully issues a chargeback against Book Luxury Boat for any reason, and Book Luxury Boat has already transferred any portion of the disputed amount to the Member, then the Member is obligated to promptly (within five days of receiving the demand) repay the full disputed amount to Book Luxury Boat.

Liability Limitations

Members assume all risk associated with the use of the Direct Booking feature. Book Luxury Boat will not be liable for any direct, indirect, special, or consequential damages arising from the use of this service, including, but not limited to, data loss, content inaccuracies, or unauthorized access to Member information.

Access Termination or Restriction

Book Luxury Boat reserves the right to terminate or restrict access to the Direct Booking feature at any time, without prior notice, at our discretion. We maintain all legal rights and remedies for breaches of these Terms of Use.

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