TERMS OF USE OF THE BOATERFLY WEBSITE

Version in effect on October 30, 2013
In Beta version, These terms shall only apply to the services which are operational on the Site.
The Terms will immediately apply as soon as a new feature is available on the Site

SECTION 1. SUBJECT MATTER

www.boaterfly.com (the “site”) is an online community platform, implemented and operated by BOATERFLY SAS.

The site organizes the publication of content in order to put in contact, in particular:

  • The owners (the “Owners“) of watercrafts, sailboats, motorboats, light watercrafts, kayaks, dinghies, catamarans, surfboards, kite surfing kites, windsurfs, jet skis, etc. (the “Crafts”) who wish to offer these crafts for rent ("Rental") or boat pooling (“Boat Pooling“) to other individuals (the “Lessees“), by :
    1. The free advertisement of rental or boat pooling offers (“Offer”) on the site
    2. Making available a reservation management system;
  • Skippers and/or professional water sport instructors (the « Pro Skipper(s) ») who make offers to provide services (« the pro skipper services ») to owners and/or lessees.

Owners, Lessees, Pro Skippers are together be referred to herein as “users”.

Rentals, boat poolings, pro skipper services or other services made available in an offer are hereby after collectively referred to as "Specific Services”.

For purposes of clarity:

  • The user who purchases a specific service can be hereby after after be referred to as a “ Purchasing User ”;
  • The user who provides an offer for a specific service can be hereby after be referred to as a “Providing User”;

SECTION 2. SCOPE

These Terms of use (“Terms“) shall govern the use of the Site and the access by Users or simple guests (the “Guests”) to the services (the “Services”) on this Site.

Any registration and/or subscription to free or paid services, as appropriate, implies the full acceptance by the User of the Terms, and the User expressly acknowledges having previously read understood and accepted the Terms.

The current Terms version is available at all times and in free access on the Site. BOATERFLY can amend the Terms at any time for technical, economic, legal or commercial reasons, such as the launch of new Services.

User shall be informed within a reasonable delay of an amendment to the Terms. Continued use of the Site constitutes an implicit acceptance of the latest version of the Terms.

Otherwise, the User can unsubscribe, this un-subscription taking effect after performance of the last Specific Service by the User for any Reservation Request made prior to the amendment of the Terms.

In order to be valid and binding for BOATERFLY, any departure from the Terms shall require a written document signed by both parties and expressly referring to Terms.

BOATERFLY reserves the right to suspend any transaction or immediately discontinue its Services to a User, especially if the User engages in unfair trade practice or violates any provision of the Terms.

SECTION 3. USER SERVICES

3.1 User status

3.1.1 Availability

The Site is freely available to any internet user with a recent and functional hardware and software computer configuration and a high-speed Internet connection.

Services made available on the Site are solely intended for persons legally capable to be bound under the Terms or if applicable, bind the legal entity they represent.

3.1.2 Registration and obtaining the User status

The User status is obtained by opening a user account ("Account") in accordance with the provisions given on the Site and in particular the completion of the online form or by providing account login information provided by third party partner websites.

The username and password ("Login Information”) selected by the Guests shall not violate the rights of third parties - especially the rights related to family names or marks - or be offensive.

Registration is confirmed to the User at the email address that the User provided by an email from BOATERFLY containing the links required for the registration confirmation.

BBOATERFLY shall send the confirmation e-mail subject to the Guest providing the information marked as required on the registration page above mentioned. The truthfulness and accuracy of the information provided by a Guest to open an Account are implied and can make the Guest liable, particularly concerning its identity

3.1.3 User undertakings

The User undertakes to:

  1. have only one Account on the Site,
  2. use this Account only for personal use, all acts performed under these Login Information being assumed to have been done by the User,
  3. regularly update its information by logging in to its Account,
  4. not to transfer its Account to a third party or another User,
  5. keep confidential its Login Information. In the event that this Login Information is forgotten or of an unauthorized or misuse of this Login Information, under no circumstance shall BOATERFLY be held liable and the User shall immediately notify BOATERFLY of this situation, by an email to the following address: [email protected].

3.1.4 Account deletion

Any User can delete their Account by logging into the Site subject to the performance of the undergoing Specific Services with BOATERFLY and/or other Users via the Site and that are not yet due (see section 11 below).

BOATERFLY shall remove the personal information of the User in accordance with its policy of personal information management (see section 15 below)

BOATERFLY reserves the right to remove a User Account, especially if:

  1. the User violates any of the Terms’ provision;
  2. BOATERFLY notices that there was no connection to the User Account for a period of two (2) years and after a reminder email was sent but not response was given within eight (8) weeks;
  3. the User received several low or zero Ratings in the Rating System (see section 9 below);
  4. the User causes serious damages to other Users, especially by repeatedly damaging or destroying Crafts and related equipment;

3.2 Creation of a User profile and access to the internal email system

3.2.1 Acquisition

Subscribing to a Service by the User requires the creation of a Profile (“Profile”) which enables, in particular, to:

  1. aggregate:
    1. personal information (required for the performance of the Services and/or Specific Services);
    2. optional information only intended to provide a detailed Profile of the User and potentially improving its visibility or the visibility of its Offers;
  2. post an Offer;
  3. setup a personal nautical resume (« Nautical Resume ») (specifying for instance qualifications and water experiences, places of navigations, etc.);
  4. automatically indicate the User’s rating level (see section 9 below);
  5. access the Site’s internal email system so that Users can communicate with one another.

To protect the Users' private information, only certain Profile information is visible to the other Users, and only some of them are communicated to a User following the Acceptance by the latter of a Reservation Request (see section 4 below) made by another User.

3.2.2 User undertakings

The User shall not disclose or publish on its Profile, in an Offer, or during any other Service, any sensitive information concerning race or ethnic origin or political, religious or philosophical opinions, union membership, its sexual life or health, or information contrary to good public standards and law.

Failure to do so, BOATERFLY may delete the User Account in accordance with clause 3.1.4 above.

3.3 Distribution of an Offer

3.3.1 Content of an Offer

Any User can publish one or more Offer(s) on the Site to benefit from BOATERFLY Services in the reservation by another User of the Specific Services that the User offers.

To this end, the Providing User shall, in particular :

  1. complete the various forms provided for this purpose on the Site and at least, the information marked or indicated as required;
  2. specify dates on the calender (and possibly times) of availability and unavailability of the Craft or more generally of the Specific Service. Otherwise, the Specific Service will be considered available on all dates specified as available and that have not been reserved in advance;
  3. specify the Specific Service rates (Rental, Boat Pooling or Offer of services), as required, depending on the date and/or time on which the Specific Service if offered;
  4. specify the type of cancellation policy it wants to impose to the Purchasing User (see section 7 below);
  5. specify any additional costs and expenses in addition to the Specific Service potentially billable to the Purchasing User. These amounts correspond to the price in effect at the time of the Reservation Request. Any subsequent changes shall not be taken into account if in the meantime a User has validated the Reservation Request on the same date;
  6. specify the rules and potential billable supplements that are necessary for the Purchasing User regarding the Specific Service;
  7. in the specific case of an Owner:
    1. upload at least one photo of its Craft in the format and size required on the appropriate form, ensuring compliance with potential copyrights that may apply to these photos;
    2. BOATERFLY may offer, in some places and for some Users, a free photographer to take pictures of Rental Crafts. These photos are solely intended for the Site;
    3. specify whether leasing the Craft requires the presence of a Pro Skipper and if required, if such a professional skipper is already appointed and included in the price of the Rental;
    4. If applicable, indicate the possible amount of the required security deposit (see section 10 below).

3.3.2 User undertakings

The User expressly undertakes:

  1. the accuracy and truthfulness of the information and features concerning the Specific Services, especially concerning the description of the Craft, the diplomas or qualification, etc. and, if applicable:
    1. to be able to justify the full ownership of a Craft upon BOATERFLY and/or a Purchasing User’s first request, or if applicable, the mandate on which the User relies for this purpose;
    2. to be able to justify the official qualifications and/or qualifications claimed upon BOATERFLY and/or a Purchasing User’s first request, especially for navigation permits;
  2. not to include or distribute on the Site:
    1. links to other sites which activities are competing or related to the Services
    2. links to external content such as personal pages;
    3. information that is malicious, denigrating, deliberately misleading, illegal and/or contrary to good morals standards or these Terms;
  3. comply with the provisions of public law, in particular concerning payment, factoring or any tax liability that it is liable for. These liabilities may also include obligations related to the turnover tax or obligations derived from indirect taxes
  4. if applicable regulation requires it:
    1. that its Craft or Specific Service be regularly declared and/or registered with any local, national and/or international entity;
    2. that the Craft and all the required and/or optional equipment on board complies with the regulations, including all equipment related to the safety of the Craft and the personal safety of the crew;
    3. take out any compulsory, required or essential insurance policy for the Specific Service, especially for Rentals and Boat Poolings, whatever the citizenship of the User, the navigation area and/or the Craft’s usual home port;

      for information on Boat Pooling, European insurers usually consider that a crewmember only participating in travel expenses is considered to have embarked for free. As such, they are considered third parties on the ship and are covered by the minimum third party insurance generalized throughout Europe

      In this regard, BOATERFLY emphasized that it only makes available on the Site a reservation system in order to facilitate the relations between Users and that it is not involved in any way in the legal relationship between Users during the performance of the Specific Services.

3.4 Purchasing Users status

Following a search for a Specific Service on the Site by Guest or Purchasing User, the latter may make a reservation ("Reservation Request") from the Providing User from whom the Offer is selected.

SECTION 4. RESERVATION PROCESS

The selection of an Offer is made by filling in the search criteria on the Site.

Users can use a set of filters allowing them to optimally target their Specific Service search.

The results are ranked in order of relevance with the criteria selected by the User.

Any Reservation Request of an Offer (the "Reservation Request") is carried out in accordance with the Site’s reservation process.

During the Reservation Request, the Purchasing User Subscriber can visualize:

  1. description of the selected Offer and the considered dates of the Specific Service;
  2. the total price to be paid in euros, including;
    • The agreed price of the Specific Service (Rental, Boat Pooling, Skipper, etc.);
    • where applicable, additional costs specifically specified in the Offer;
    • the costs of Services charged by BOATERFLY, i.e., fifteen percent (15%) including taxes of the total amount of the Specific Service, additional fees included;
    • where applicable ;
      • the cost of the cancellation insurance potentially taken out by the Purchasing User from an external insurance (the "Company") if this Service is offered by BOATERFLY;
      • the cost of the security repurchase potentially taken out by the Lessee from the Company, if this Service is offered by BOATERFLY;
  3. the applicable cancellation policy (see section 7 below),
  4. the security deposit conditions (see section 10), which may have been imposed by an Owner in the Offer.

It is up to the Purchasing User to verify that it has taken into account the additional costs that are charged.

Once the Reservation Request is made by the Purchasing User, it is invited to follow the procedure to validate Reservation Request and possibly validate a bank pre-authorization in the case of security deposit (see section 10).

SECTION 5. ACCEPTANCE CONDITIONS OF A RENTAL OFFER

The Reservation Request is considered acquired when the payment process is validated (see section 6).

BOATERFLY then sends:

  1. a summary email of the Reservation Request to the Purchasing User;
  2. a summary email to the Providing User who posted the specific Offer and who has twenty four (24) hours to accept it (the “Acceptance”) or to formally refuse it.

Failure to respond after this delay shall lead to the cancellation of the Reservation Request. The Purchasing User shall be informed by email

The Purchasing User shall be charged the amount to be paid only after the Acceptance.

SECTION 6. PAYMENT OF THE SPECIFIC SERVICE BY THE PURCHASING USER

The payment of a Specific Service by the Purchasing User occurs at the time of Reservation Request through the BOATERFLY credit card payment system (Visa, credit card etc.) or through Paypal or any other means BOATERFLY will make available on its Site

For payment by credit card, BOATERFLY has a secure payment system implemented by the company PAYBOX (www.paybox.com). This payment protocol is recognized worldwide for the protection of information transmitted online. Users’ Banking information (number, date of expiry, etc.) is encrypted before being sent to e-payment transaction server.

Once there is positive feedback from the bank or from Paypal concerning the request for the payment authorization made by the User, the Reservation Request is sent to the Providing User who has twenty four (24) hours to make the Acceptance.

In case of negative feedback from the bank or from Paypal, BOATERFLY immediately informs the Lessee of the transaction failure, the Reservation Request being cancelled.

BOATERFLY shall not be held liable for the delay in the bank authorization made on the credit card or Paypal account of a Purchasing User, this delay resulting from the cardholder’s bank or from Paypal.

When BOATERFLY allows foreign currencies on an Offer and on the payment page, the User acknowledges that the conversion is offered in the currency of its choice for information only and that the final currency, as well as exchange rates applied by banks, may be different from those displayed. It is the User's responsibility to check with its bank the applicable conversion rates.

The User shall have in its Profile a detailed summary of all the Services purchased or Specific Service performed.

The Purchasing User is charged the amount paid only after Acceptance of the Reservation Request by the Providing User and BOATERFLY shall momentarily retain the sums paid to transfer them directly to the account of the Providing User twenty four (24) hours after the Specific Service’s performance has started (control over the specific Craft for Rentals, arrival on the Craft for Boat Poolings, boarding of the Purchasing User for Pro Skipper Services, etc.).

BOATERFLY shall issue a Service charge invoice that it has charged to the Purchasing User, in accordance with applicable laws and regulations.

SECTION 7. CANCELLATION CONDITIONS PRIOR TO THE PERFORMANCE

7.1 Cancellation b the Purchasing User

The Providing User shall specify the cancellation policy for its Offer among the 4 types offered by BOATERFLY (flexible / moderate / strict / super strict).

The cancellation policy shall be clearly visible in the Offer and in the validation process of the Reservation Request.

It cannot be changed once a User has submitted the Reservation Request.

Type Reimbursement of the Purchasing User
Flexible Reimbursement:
  • 75% of the agreed upon amount for the Specific Service if the cancellation is made more than 2 days prior to the starting date of the Specific Service less the cancellation fees ("Cancellation Fees") charged by BOATERFLY, details of which are below.
  • 30% of the agreed upon amount for the Specific Service if the cancellation is less than 2 days prior to the starting date of the Specific Service less the Cancellation Fees.
Moderate Reimbursement:
  • 75% of the agreed upon amount for the Specific Service if the cancellation is made more than 7 days prior to the starting date of the Specific Service less the Cancellation Fees.
  • 30% of the agreed upon amount for the Specific Service if the cancellation is less than 7 days prior to the starting date of the Specific Service less the Cancellation Fees.
Strict Reimbursement:
  • 75% of the agreed upon amount for the Specific Service if the cancellation is made more than 14days prior to the starting date of the Specific Service less the Cancellation Fees.
  • 30% of the agreed upon amount for the Specific Service if the cancellation is less than 14 days prior to the starting date of the Specific Service less the Cancellation Fees.
Super strict Reimbursement:
  • 75% of the agreed upon amount for the Specific Service if the cancellation is made more than 30 days prior to the starting date of the Specific Service less the Cancellation Fees.
  • 30% of the agreed upon amount for the Specific Service if the cancellation is less than 30 days prior to the starting date of the Specific Service less the Cancellation Fees.

In the event of a cancellation, the amount reimbursed to the Purchasing User is:

  • the total agreed upon price:
    • according to the type of applicable cancellation policy (flexible / moderate / strict / super strict);
    • according to the date on which it occurs (2, 7, 14 or 30 day);
  • less the Cancellation Fees (comprising of bank charges and file management) charged by BOATERFLY, which amount to five percent (5%) of the expected amount of the Specific Service.

BOATERFLY undertakes to transfer within thirty (30) days the amount of the Specific Service paid by the Purchasing User, by bank transfer or by transfer to the User’s Paypal account.

Cancellation of a Specific Service (or a modification resulting in a cancellation) by the Purchasing User is made directly by sending a detailed email to the following address: [email protected].

7.2 Cancellation by the Providing User

Any cancellation not justified by force majeure shall result in the following penalties:

The cancellation of a reservation (or a modification resulting in a cancellation) by a Providing User is done by sending a detailed email to the following address: [email protected].

  1. For reservation made more than seven (7) days prior to the starting date of the Specific Service, any unjustified cancellation will result in:
    • full reimbursement of the Purchasing User which will be made by BOATERFLY,
    • the imposition of a penalty on the Providing User amounting to fifty percent (50%) of the price of the cancelled Specific Service.
  2. For reservation made less than seven (7) days prior to the starting date of the Specific Service, any unjustified cancellation will result in:
    • full reimbursement of the Purchasing User which will be made by BOATERFLY,
    • the imposition of a penalty on the Providing User amounting to fifteen percent (15%) of the price of the cancelled Specific Service.

BOATERFLY undertakes to pay within thirty (30) days the amount of the Specific Service paid by the Lessee, by bank transfer or transfer to the User’s Paypal account.

The Providing User undertakes to pay this penalty within eight (8) days of cancellation. In the absence of voluntary settlement, the penalty will be deducted from the next payment which the User would benefit from. If such a reservation is not reached within three (3) months following the cancellation, BOATERFLY reserves the right to take any action against the User in order to recover the outstanding sums.

If repeated, abusive or unjustified cancellations occur, BOATERFLY reserves the right to remove, without notice, such Providing User from the Site.

7.3 Special cancellation conditions

7.3.1 Death

In the event of the death of a family member of a User (mother, father, husband/wife, sister, brother, child) between 7 days and 24 hours prior to the start of the Specific Service, duly justified, the Purchasing or Providing User may cancel the Specific Service by sending an email to the following address: [email protected].

The following conditions shall apply:

  • half of the Service charges shall remain with BOATERFLY;
  • Cancellation Fees shall not be charged.

If the death occurs less than 24 hours prior to the start of the Specific Service, the Purchasing User is entitled to a 75% reimbursement of the Specific Service and the Providing User shall receive 25%.

The following conditions shall apply:

  • half of the Service charges shall remain with BOATERFLY;
  • Cancellation Fees shall not be charged.

7.3.2 Force Majeure event

If a User is unable to perform any of its obligations due to a force majeure event, which the User precisely justifies by email to [email protected], it will be exempt from that obligation.

Shall be considered force majeure events: natural disasters, fires, storms, cyclones, earthquakes, tsunamis, landslides, destruction by lightning, explosions, epidemics, revolutions, wars, acts of piracy, acts terrorism, industrial disaster.

The following conditions shall apply:

  • half of the Service charges shall remain with BOATERFLY;
  • Cancellation Fees shall not be charged.

SECTION 8. SPECIFIC SERVICE PERFORMANCE AND PAYMENT OF THE AMOUNTS OWED

8.1 Dispute at the beginning of the Specific Service performance

If the Purchasing User discovers that the Specific Service is not consistent with the Offer or that the Craft does not appear sufficiently reliable, such User has twelve (12) hours to contact BOATERFLY Customer Service at: the following address: [email protected].

If the facts are true, the Purchasing User may:

  1. either agree with the Providing User a decrease in the amount of the Specific Service which will be made with the help of BOATERFLY Customer Service which will then
    • reimburse the Purchasing User the difference between the initial price of the Specific Service paid and the new price;
    • reimburse the Purchasing User the difference between the initial price of the Service charges paid and the new price;
    • a payment to the Providing User of the newly agreed upon amount, less a management fee amounting to fifteen per cent (15 %) of the amount initially agreed upon.
  2. Or cancel the Specific Service, BOATERFLY shall then:
    • reimburse the Purchasing User one hundred per cent (100%) of the amount paid for the Specific Service,
    • request to the Providing User the following payment:
      • Service charges paid by the Purchasing User for the initial reservation, and,
      • cancellation management fees amounting to fifty per cent (50 %) of the total amount of the Specific Service.

If the facts are not proven to be true, the Purchasing User may refuse the Specific Service. However, the Purchasing User shall not be refunded. Normal cancellation policies shall then apply.

8.2 Dispute management

BOATERFLY reserves the right to compensate any claim, including Service charges and/or cancellation management fees, with the amounts owed to a Providing User for one or more Specific Service, such claims being certain, of a fixed amount and due.

BOATERFLY reserves the right to sue any User who seeks to circumvent or defraud the services provided by BOATERFLY.

8.3 Acceptance of the Specific Service and payment of the sums

Users expressly acknowledge that each Specific Service is made under their own responsibility and in the manner agreed between them, BOATERFLY limiting its role to making available a reservation management platform.

Regarding the Specific Services, BOATERFLY urges Users to make an inventory and a clear evaluation of the Crafts and equipment available when handing over the Crafts in order to avoid disputes upon return. BOATERFLY especially recommends taking pictures of any visible damage.

The Site offers Users various features and practical tools available in their Profile for the management of their Specific Services. BOATERFLY can modify or remove these tools and features at any time and assumes no liability as to their use, these tools and features being available for informative purposes only.

Except for complaint lodge by a User at the address [email protected] within twelve (12) hours following the start of a Specific Service, BOATERFLY shall pay the price of the Specific Service to the Providing User twenty-four (24) hours after the start of Specific Service, regardless of its duration. The transfer shall be made directly to the bank account or Paypal account stated in the Providing User’s Profile.

8.4 Damages during a Specific Service

In case of damages occurring during the Specific Service due to a major defect in the Craft and raising issues concerning buoyancy or the primary safety of the User or the crew that could not be detected when the Craft was handed over or at the beginning of the Specific Service, the Purchasing User may request partial or full reimbursement to the Providing User, proportionate to the service for each day/hour during which the Purchasing User has not been able to fully enjoy the Specific Service.

8.5 Late return

For Rentals, the Providing User may require the payment of a late return fee in case of delay in the return of a Craft if and only if its Offer:

  • it is made clear in the Offer;
  • the Offer specifies the amount per late day/hour and the currency of that amount.

BOATERFLY is not responsible for the management of any late returns or claims against a User

SECTION 9. RATING

BOATERFLY makes available to Users a rating tool ("Rating") to evaluate each other at the end of a Specific Service and set a confidence level for each User visible by the entire User community.

Except in special cases, BOATERFLY does not control the Ratings and invites Users to:

  • only make truthful, objective, strictly related to a Specific Service comments;
  • not leave any name, email, mail or phone number;
  • not infringe the rights of third parties, including the personality rights;
  • not make comments that are vulgar, obscene, racist, harmful to youth or offensive in accordance with criminal law, nor post any link or script of this kind;
  • inform BOATERFLY in the case of non-compliance by another User of the above-mentioned by sending an email to the following address: [email protected];

In case of a failure to comply with these provisions, a legal provision or as a result of the execution of an administrative or judicial decision, BOATERFLY may remove all or part of a User’s Rating.

BOATERFLY reserves the right to:

  • publicly address on the Site some warnings to Users after repeated complaints made by dissatisfied Users,
  • rate or highlight an Offer according to certain criteria.

SECTION 10. SECURITY DEPOSIT

10.1 Description of the mechanism

BOATERFLY makes available to Owner a security deposit (“Security”) tool.

If the Owner specified it in its Offer, the flat or proportionate to the duration of the Rental rate, the Security amount, the exact amount shall be specified during the payment process (see section 6).

The payment of a Reservation Request that provides for a Security automatically creates a specific confidential identifier specific to the Lessee which associates it to the bank account, PayPal account or other account ("Payment Account") with which the Lessee pays the amount due for the Rental.

This identifier is a pre-authorization of debit.

Twenty-four (24) hours prior the start of the Rental, PAYBOX shall notify the financial institution of the Lessee’s Payment Account (the "Institution") of the pre-authorization made by the Lessee on the date of payment of the Reservation request.

This verification shall not cause any debit prior to the Rental on the Payment Account but simply allows the Owner to ensure the validity of the Security.

The Lessee shall ensure that its financial capacity on the Payment Account is sufficient. Failing so, the Institution will make a negative return.

BOATERFLY shall inform the Lessee that the Security tool made available to Owners may limit the ability to pay and/or withdraw money from the Lessee’s Payment Account during the period of Rental. Indeed, the pre-authorization issued twenty-four (24) hours prior to the start of the Rental blocks the amount of the Security until forty-eight hours after the end of the Rental.

In case of a negative feedback by the Institution concerning the pre-authorization (insufficient financial capacity, closed account, etc.) made twenty-four (24) hours prior to the start of the Rental, BOATERFLY shall inform the Owner of the failure of the Security.

BOATERFLY shall then be immediately released of its obligation under this Service, a fact the Owner and Lessee expressly acknowledge and accept.

The Owner and the Lessee shall agree on another payment option (check deposit, cash, etc.) of an amount agreed between them that may be different from the one specified in the Offer.

In case of the Owner’s refusal, it shall immediately inform BOATERFLY by sending an email to the following address: [email protected]. The Rental will be cancelled to the benefit of the Lessee and the Lessee shall be fully reimbursed the amount of the Rental.

Services charges and cancellation fee charged to the Lessee amounting to five per cent (5%) of the amount of the Rental shall be charged to the Owner.

In contrast, in case of refusal of the Lessee, the Rental shall be cancelled to the benefit of the Owner who shall be credited with the amount of the agreed rent less the cancellation fees amounting to five per cent (5%) of the amount of the Rental. Services charges shall remain with BOATERFLY.

10.2 Implementation of the Security

Within forty-eight (48) hours following the end of the Rental, the Owner may request from BOATERFLY payment of the Security if it finds any damage to its Craft which was not present or could not be present when the Craft was handed over to the Lessee.

This request shall be made in a detailed email including photos of the damage and sent to [email protected].

BOATERFLY shall inform the Lessee of the use of the Security and shall initiate the pre-authorization facility to debit the amount of the Security on the Payment Account via PAYPOX, its partner’s secure payment system.

BOATERFLY shall transfer the amount of the Security to the Owner within thirty (30) days.

BOATERFLY simply makes available to Users this Security management Service in the same way as for the reservation management system, to help Users avoid transporting and delivering checks and/or cash to the Owner for the Securities.

As a result, BOATERFLY shall not in any way be responsible for the management of disputes or of potential claims raised against the Owner or Lessee at the end of the Rental and shall not be held liable for having paid the Security to the Owner.

Any dispute arising between the Owner and the Lessee, particularly with regard to the damage, the amount of compensation and/or their nature shall be held following the amicable dispute resolution or litigation procedures, before to the competent authorities if required.

SECTION 11. TERM

The user subscribes to the Services for an indefinite term and may close its account at any time.

Removal by the User of its Account shall only take effect after performance of the undergoing Specific Services and subject to the perfect performance of its obligations under these Terms, including its payment obligations to other Users and/or BOATERFLY.

It is recommended to Providing Users who are considering deleting their account to indicate it in advance on the Site and in a timely matter the future termination of their Specific Services and/or unavailability of their Craft(s).

SECTION 12. LIABILITY

BOATERFLY acts only as a technical intermediary and limits its Services to making available a community platform offering various features including reservation management of Users’ Crafts.

BOATERFLY shall not guarantee to the User that these Services shall be free from flaws, errors or defects or that they are likely to meet the expectations and constraints specific to each User. It reserves the right to temporarily suspend access to the Site or certain features including for improvement or corrective maintenance operations specific to its operation.

BOATERFLY:

  1. shall under no circumstance be held liable in case of total or partial suspension of its Services in cases of force majeure, enforcement of a judicial or administrative decision or disruption of telecommunications, computer and/or phone networks, and
  2. disclaims any responsibility for the potential loss of information relating to Users on the Site and recommends that they regular backup of this information.

Pursuant to Article 6-I of the law No. 2004-575 of June 21, 2004 relating to the protection of individuals with regard to the processing of personal data, BOATERFLY shall be held liable only if it has been notified of the illegal nature of the activities or information stored by a User on the Site. BOATERFLY therefore reserves the right to remove any Account in violation of any legal or regulatory provisions or contrary to the Terms.

Services delivered by BOATERFLY on the Site do not cover in particular the verification of the contents or the truth or accuracy of the Offers, or the validation of skills and qualifications of Users. In addition, BOATERFLY is in under no condition a party to the contracts between Users following reservations made through the technical means and tools of the Site and BOATERFLY shall not guarantee the performance of the Specific Services purchased.

BOATERFLY has no control over the quality, safety or legality of the Specific Services offered through the Site.

Accordingly BOATERFLY:

  1. shall not be held responsible for any dispute relating to the Specific Services proposed by Users via the Site, and
  2. provides no guarantee in this regard, in particularly with regard to misleading Offers or likely to mislead a User into error,
  3. strongly recommends that only Users, before or during the management of the Craft reserved through the Site to check the conformity of the Craft compared to the Offer description as well as that the reality of the skills and experiences of Users,

BOATERFLY SAS liability is expressly limited to cases of breach of the Terms and as such it only has an obligation of means that Users expressly acknowledge.

Any User of the Site whose behavior during Specific Services has revealed a violation of any provisions of the Terms or that would have resulted in harm or a risk of harm to the safety of other Users will see its Account deleted by BOATERFLY without possibility for this User to request a compensation of any kind whatsoever.

In accordance with Articles 121-18 and L.121-20-4 of the Consumer Code, Users acknowledge that the Services are not subject to the application of the right of withdrawal in case of distance selling, especially since BOATERFLY limits itself to providing Services.

SECTION 13. INTELLECTUAL PROPERTY

13.1 Intellectual property of BOATERFLY

BOATERFLY owns or holds the intellectual property rights on the Site including all texts, comments, works, illustrations, logos, icons, or graphics or design, architecture, software, video, images, music, etc. whether visual or audio, contained on the Site as well as databases for which it has the status of producer according to the Code of Intellectual Property (the "Site Elements").

All Site Elements are protected worldwide by copyright and/or trademark and/or sui generis database rights. BOATERFLY shall take any action necessary to preserve its rights and interests against anyone who proceeds without its prior written consent to the reproduction, representation, translation, retrieval, adaptation, or dissemination in any manner of all or part of the Site Elements.

13.1 Intellectual Property of Users

Users are solely responsible for the content they published on the Site and shall ensure that they have all necessary rights and permissions to publish these contents on the Site.

Upload by the User of any protectable content under copyright, trademarks, databases or other laws gives BOATERFLY for the duration of the copyrights, a worldwide non-exclusive right to reproduce, translate and adapt the content on the Site and on any other digital, analog or paper support.

The User guarantees BOATERFLY against the consequences of any claims relating to rights of the content it uploaded on the Site from any third party alleging violation of any law (infringement, unfair and/or parasitic competition, etc.) on the ground of intellectual property rights or other rights belonging to that party.

The User agrees to indemnify BOATERFLY for any damages that it may have suffered and pay damages, expenses, including attorney fees, it might have incurred in this regard.

SECTION 14. FORCE MAJEURE

If BOATERFLY is unable to perform any of its obligations due to an event of force majeure as defined by statute or case law, it shall be exempt from that obligation. Shall be considered, in particular, as force majeure events any strike or technical failure of the electricity or telecommunications networks, Internet access providers or hosting providers, etc.), cases of natural disasters, bad weather, fire, strikes, natural disasters, storms, cyclones, earthquakes, tidal waves, floods, destruction by lightning, explosions, sabotage, embargo or worsening embargo, interruptions or delays in transportation or communications, acts or regulations issued by authorities public, civil or military (including delays in obtaining authorization or permit of any kind), governmental or judicial decision preventing BOATERFLY from meeting its contractual rights and obligations, epidemics, riots and revolutions, acts of piracy, acts terrorism, nuclear accidents.

SECTION 15. DATA PROTECTION ACT - PERSONAL DATA

BOATERFLY considers the Users’ protection of personal data as a priority in its capacity of "Data controller" within the meaning of Law No. 78-17 of 6 January 1978, "Informatique et Libertés" (the "Data Protection Act").

Personal data provided by Users is collected for the performance of Services available on the Site (names, postal and email address, bank information, etc.).

For this reason and in particular to simplify the User’s access to its Profile and the Services during the User’s visits after its first connection to the Site, BOATERFLY also uses cookies, which remain on the User’s computer’s disk once its browser is closed. Users can always manually delete these cookies by following the procedures implemented by its browser.

BOATERFLY also uses so-called "session" cookies required to analyses the use and structure of the Site in order to continuously improve the Services and technical means available to Users of the Site.

BOATERFLY does not use these monitoring tools to transmit these data to third parties or marketing platforms, or to link the data with personal data (name, address, etc.) without the express consent of the User.

The User expressly acknowledges and agrees that some of the personal data collected by BOATERFLY for the management of its Offer and Reservation Requests related to it require communication to Purchasing Users of some of the data such as names, mail, email and phone details, name and precise locations of the Crafts, with the notable exception of banking information. The User is aware that the international dimension of the Site will require BOATERFLY to communicate this data to Users residing in countries outside of the European Union and in which the management of personal data is not as protective.

Acceptance of the Terms results in a formal and complete acceptance of these transfers.

The processing of Users’ personal data by BOATERFLY through the Site has been declared to the Commission Nationale Informatique et Libertés (CNIL) under the number 1690521 v 0. As such, BOATERFLY ensure strict compliance with the Data Protection Act and allows any User, in accordance with Article 34 of this Act, to access, modify, rectify and delete data concerning it by sending an email to [email protected] or a mail to BOATERFLY - Service Data Protection - 43, rue Camille Desmoulins, 92 130 Issy-les-Moulineaux, France

SECTION 16. SEVERABILITY

If one or more provisions of these Terms is held to be invalid or declared as such under any law, regulation or following a final decision from a competent jurisdiction, the other provisions shall remain in full force and effect. If necessary, BOATERFLY agrees to immediately remove and replace such provision with a valid and legally similar provision.

SECTION 17. HEADINGS

In case of difficulty in interpreting the heading and the chapter of any of the sections and any of the clauses, the heading shall be deemed unwritten

SECTION 18. JURISDICTION – APPLICABLE LAW

French law governs these Terms.

All claims must be made within fifteen (15) days after the performance or maximum performance date of the Service purchased by the Customer at the following address:

BOATERFLY SAS - 43, rue Camille Desmoulins, 92 130 Issy-les-Moulineaux, France

Any dispute arising in connection with the execution or interpretation of these Terms, failing to having previously been subject to an amicable settlement between the parties, shall be submitted to the competent courts.