Version in effect on December 3, 2017 OK
The present TYC are only applicable to the effectively operational services in the Portal.
ARTICLE 1. SCOPE OF APPLICATION.
www.hostandboat.com is an online platform which can be accessed from any device with internet access.
The Web offers users tools and technical features online allowing the publication of content with the clear objective of putting in contact the owners of nautical boats, sailing boats, motor boats, etc. (the "Vessels") that are interested in offering experiences aboard the "Vessels" through the free dissemination of a service proposal.
The owners and / or captains of the boats will be considered as "Hosts".
The services published in an announcement will be considered as "Experiences".
The owners and / or captains of the boats will be considered as "Hosts".
The services published in an announcement will be considered as "Experiences".
ARTICLE 2. SCOPE OF APPLICATION.
These terms and conditions ("TYC") regulate the mechanism of use of the Portal and the access of the Users or simple visitors (the "Interested Parties"), to the various services (the "Services") proposed in the Portal.
All use, registration and / or subscription of free or paid services implies acceptance by the Interested Party, without reservation, of the provisions of the TYC, requiring that they have been previously read.
The current version of the TYC is available on the Portal, being freely accessible at any time. HOSTANDBOAT.COM can modify the TYC at any time for technical, economic, legal or commercial reasons, as well as the staging of new Services.
The use of the Portal is equivalent to the tacit acceptance by the simple visitors, Guests and Hosts of the latest version of the TYC.
HOSTANDBOAT.COM reserves the right to suspend any transaction or immediately cease the Services of a Host in the event that it conducts an unfair commercial practice or violates one of the provisions of the TYC.
HOSTANDBOAT.COM is not a party to the transactions and contracts in which the Hostesses and Guests take part, the latter are the only ones that decide the concretization of a service.
HOSTANDBOAT.COM could not at any time be assimilated to a boat rental service, its role is limited to providing a community platform offering online features to facilitate the publication of announcements and the management of transactions between users.
ARTICLE 3. USER SERVICES.
3.1 Host User Status.
To be able to justify the full ownership of the Vessel at the first request of HOSTANDBOAT.COM and / or of a Guest, or in the specific case, of the favorable mandate for this purpose.
To be able to justify the official diplomas and / or qualifications obtained at the first request of HOSTANDBOAT.COM and / or of a Guest, especially, as far as their navigation permission is concerned.
i. Not to include or spread in the Portal:
Forwarding to other web portals whose activities or services are competitors or related to it; as well as data tending to be contacted outside the portal, such as telephone or wathsapp numbers, email addresses, profile in social networks, websites or mobiles, etc.
Forwarding to external programs, such as the case of personal pages.
Malicious, demeaning, deceptive, illicit and / or contrary to good manners or to the present TYC.
Any sensitive information of racial or ethnic origin or that expresses political, philosophical or religious opinions about union membership, about their sex life or health, or contrary to good customs or the law.
ii. To respect the provisions of public law, in particular the requirements regarding payment, billing or any tax liability to which it is subject, which may also include any obligations linked to the rate for the particular matter or obligations relating to taxes indirect;
iii. If the applicable regulation requires it:
- that said Vessel or Benefit is regularly declared and / or registered in the corresponding local, state and / or international Administration;
That the Vessel or all the compulsory and / or optional equipment on board complies with the regulations, especially the equipment linked to the safety of the Vessel and the personal safety of the guests.
To present all compulsory, necessary or indispensable insurance for the Provision of the Service, regardless of the Nationality of the User, the planned navigation area and / or the usual mooring port of the Vessel;
By way of information, in terms of Joint Navigation, European insurers normally consider that crew members who simply participate in route expenses are treated as embarked for free. Therefore, they are considered as third parties on the ship, being covered by the minimum insurance for third parties generalized in Europe.
In the absence of respect for these provisions, HOSTANDBOAT.COM may in such case eliminate the User User Experience.
3.2 Guest Status.
As a result of a search to obtain a Benefit made on the Portal by a Guest, the latter may make a booking request ("Reservation Request") selecting the chosen Experience.
ARTICLE 4. RESERVATION PROCESS
The selection of an Offer is carried out through the search tools listed on the Portal.
Users have a series of filters that allow finding the desired Experiences.
The results obtained are classified in order of relevance according to the criteria indicated by the User.
Any Reservation Request for an Offer (the "Reservation Request") is made respecting the reservation process in the Portal and / or communicated by mail.
During the Reservation Request, the Guest visualizes:
i. the description of the selected Experience and the dates of Service Delivery;
the total price of dollars to be paid, including:
The agreed price of the Experience
If applicable, the additional costs expressly present in the Offer.
ii. The conditions attached to the guarantee deposit (see article 10) that have been, as the case may be, indicated by the Host.
It is up to the Guest to verify that he has taken into account the additional charges that will be billed.
Once the Reservation Request has been formulated by the Guest, the Guest will have to carry out a regulated process to validate their Reservation Request, and if necessary, to complete a pre-bank authorization in case of need of guarantee deposit (see article 10).
ARTICLE 5. CONDITIONS OF ACCEPTANCE OF THE RENTAL OFFER
The Reservation Request is considered made since the payment has been made (see article 6).
HOSTANDBOAT.COM will send:
i.an email about the Reservation Request made by the Guest;
ii.an email to the Host holding the Offer in question, having a period of twenty-four (24) hours to accept (the ("Acceptance") or formally refute it;
In the absence of a response after the deadline, the Reservation Request will be canceled and the Guest will be informed by email.
The Guest will only be charged the amount indicated as of the Acceptance of the Reservation.
ARTICLE 6. METHOD OF PAYMENT OF THE GUEST.
Payment of a Benefit for the Guest is made at the time of the Reservation Request through the HOSTANDBOAT.COM payment system, which will be made through a credit card, Paypal account, bank transfer or any other payment method that HOSTANDBOAT.COM establish as apt.
Once the banking establishment or Paypal has received the request for authorization of payment made by the Guest, the Reservation Request is sent to the Host, with twenty-four (24) hours to accept it.
In case of not being able to establish the connection with the banking establishment or with Paypal, HOSTANDBOAT.COM will immediately inform the Guest of the failure of the transaction, for which reason the Reservation Request will be canceled.
HOSTANDBOAT.COM will not be held responsible for the terms of bank authorization present on the credit card or in the Paypal account of the Guest, resulting in these terms of the banking establishment of the holder of the credit card or service Paypal or bank entity.
When HOSTANDBOAT.COM allows the consultation of the prices of the Offers in foreign currencies and on the payment page, the Guest expressly recognizes that the conversion can be proposed in the currency of his choice for informative purposes and that the final currency, as well as the Exchange rates applicable by banking establishments may be different from those advertised. It is the responsibility of the Guest to inform himself in his banking establishment about the applicable rates.
The Guest must reserve a minimum of 50% of the total value of the service, through Paypal accounts, bank transfers, in cash or through any means of payment Hostandboat has available for this purpose. The rest must be paid before or at the most at the time of boarding, directly to the Host.
HOSTANDBOAT.COM will issue a service cost invoice that has been invoiced to the Guest, in accordance with the legal prescriptions that are applicable to it.
ARTICLE 7. CONDITIONS OF ANNULMENT BEFORE THE PROVISION.
7.1 Cancellation by the Guest.
As the reservation can be made with only 50% of the total value of the service, the cancellation policy does not include refunds.
7.2 Cancellation by the Host.
Any cancellation not justified by force majeure will result in the following sanctions:
The cancellation of the Reservation (or its modification carrying out its cancellation) by a Host is carried out by sending a detailed email to the address info@HostandBoat.com
i. For reservations made more than 30 (thirty) days before the beginning of the Benefit, any cancellation not justified by the Host will suppose:
the full refund of the reservation to the Guest that will be carried out by HOSTANDBOAT.COM,
the sanction to the Host of fifteen percent (15%) of the total price of the reserve returned
ii. For reservations made less than thirty (30) days before the beginning of the Benefit, any cancellation not justified by the Host will suppose:
the full refund of the reservation, which will be carried out by HOSTANDBOAT.COM,
the sanction to the Host of fifty percent (50%) of the total price of the reserve returned.
HOSTANDBOAT.COM undertakes to return within thirty (30) days the amount of the reservation paid by the Renter, by means of a bank transfer or in the Paypal account of the latter.
The Host agrees to pay the amount of the penalty within eight (8) days following the cancellation. In the absence of voluntary payment, the sanction will be charged in the payment of the next Benefit in which it is immersed. If a new reservation is not made within three (3) months following the cancellation, HOSTANDBOAT.COM reserves the right to proceed against him any action that has as purpose the payment of the amount of money owed.
In case of repeated, abusive or unjustified cancellations, HOSTANDBOAT.COM reserves the right to remove this Host from the Portal, without prior notice.
7.3 Special cancellation conditions.
Force majeure cases
If a User can not perform one of his obligations normally due to a case of force majeure correctly justified by email to info@HostandBoat.com.com, he will be exonerated of said obligation.
Natural disasters, fires, natural cataclysms, storms, cyclones, earthquakes, tsunamis, destruction by lightning, landslides, explosions, epidemics, revolutions, wars, acts of piracy, acts of terrorism, industrial accidents will be considered force majeure.
Billing and cancellation of Service costs will be under the control of HOSTANDBOAT.COM and will be informed in a timely manner.
ARTICLE 8. DEVELOPMENT OF THE BENEFITS AND RETURN OF THE AMOUNTS DUE.
If the Guest finds that the reserved Offer does not correspond to that of the Offer, he will have twelve (12) hours to contact the customer service of HOSTANDBOAT.COM at the following address: info@HostandBoat.com
If the facts correspond to reality, the Guest may:
i. Or agree with the Host a decrease in the amount to be paid for the Benefit, which will be made on site between the Host and the Host and will be deducted from the remaining balance to be paid at the time of boarding.
ii. Or cancel the Benefit, so HOSTANDBOAT.COM:
reimburse the Guest one hundred percent (100%) of the amount paid for the Benefit,
require the Host to pay:
of the Service expenses paid by the Guest at the time of the initial reservation, and
of cancellation management expenses equivalent to fifty percent (50%) of the total amount of the agreed Benefit.
If the facts are not proven, the Guest may reject the Benefit but may not be subject to any refund.
8.2 Litigation management.
HOSTANDBOAT.COM reserves the right to make any claim, especially regarding the costs of Services and / or cancellation management costs, with the amounts that are due to a Host for one or more Services, being certain , accounts receivable and liquid.
HOSTANDBOAT.COM reserves the right to pursue any User who tries to commit a fraud of the services granted by HOSTANDBOAT.COM.
8.3 Acceptance of the Benefit and the return of the amounts owed.
The Hosts expressly acknowledge that each Benefit is carried out under their exclusive responsibility, while HOSTANDBOAT.COM limits its role to the provision of a management platform for its reservations.
Regarding the Services, HOSTANDBOAT.COM recommends that the Hosts make an inventory, describe the current status of the Boats and the material made available to avoid any litigation of restitution. In addition, HOSTANDBOAT.COM recommends the taking of photos of all apparent damage.
The Portal offers Users various functions and practical access available in the Profile for the management of their Services. HOSTANDBOAT.COM can modify or delete these accesses and functions at any time and decline all responsibility for their use, the latter not being available to a mere informative title.
8.4 Setbacks during the Benefit.
In case of setbacks during the Benefit due to a major defect of the Vessel that could endanger its buoyancy or the safety of the User or the luggage and that can not be detected until the start-up of the Vessel or from the beginning of the Benefit, the Guest may request from the Host the reimbursement of all or part of the total price of the Benefit, in proportion for each day / hour for which the Benefit could not be fully enjoyed.
ARTICLE 9. DURATION.
The Subscriber subscribed to the Services for an indeterminate duration can cancel your Ad at any time.
The cancellation of the advertisements by the User will only take effect when the Services for which they have committed are completed and under the condition that they have complied with the obligations incumbent upon them of the TYC, especially their outstanding payment obligations with another User. and / or with HOSTANDBOAT.COM.
Hostesses are advised to consider canceling their advertisement, indicating in advance in the Portal and within a reasonable time, the future cessation of their services and / or the unavailability of their vessel (s).
ARTICLE 10. RESPONSIBILITY.
HOSTANDBOAT.COM intervenes as a technical intermediary and limits its Services to the provision of a community platform that offers various functions, especially management and reservation of Users' Ships.
HOSTANDBOAT.COM can not guarantee the User that the Services will be exempt from defects, errors or defects, or that they are likely to respond to the specific expectations and limitations of each user. The company reserves the right to temporarily suspend access to the Portal or to certain functions, especially technical maintenance or repair operations for its operation.
i.may not be held liable in any case in case of total or partial suspension of its Services in case of force majeure, application of a judicial or administrative decision or disturbances in the telecommunications, computer and / or telephone networks, and
ii.declines all responsibility regarding the eventual loss of information relative to the Users of the Portal, so it is recommended to keep the information regularly.
The services provided by HOSTANDBOAT.COM in the Portal do not cover, in particular, the verification of the content, the veracity or accuracy of the Offers, or the validation of the nautical skills and qualifications of the Users. In addition, HOSTANDBOAT.COM is not a party to the contracts that are given between the Users in virtue of the reservations made thanks to the means and tools of the Portal and could not guarantee the correct execution of the Subscribed Services.
HOSTANDBOAT.COM does not exercise any control over the quality, security or legality of the Services offered on the Portal.
i.could not be considered responsible for litigation related to the Services proposed by Users through the Portal, and
ii.does not offer any guarantee, especially in relation to misleading benefits or of a nature to induce a User to error,
The responsibility of HOSTANDBOAT.COM is limited exclusively for the cases of non-execution of the TYC being expressly recognized by the Guests and Hosts.
Any Host present in the Portal whose behavior in the course of the Services has revealed a violation of the provisions of the TYC or who has carried out an attack or risk of an attack against the security of the Users, may see your ad deleted by HOSTANDBOAT .COM, with no possibility for this User to request any type of compensation.
Guests and Hosts expressly acknowledge that the Services are not subject to the application of distance selling, more specifically because HOSTANDBOAT.COM is limited to the provision of intermediation services.
ARTICLE 11. INTELLECTUAL PROPERTY.
11.1 Intellectual property of HOSTANDBOAT.COM.
HOSTANDBOAT.COM owns or owns the intellectual property rights of the Portal and especially the set of texts, comments, works, illustrations, logos, pictograms, or any graphic or design element, architecture, software, videos, images, music, etc., whether visual or sound, reproduced in the same Portal or in the databases as a producer within the meaning of the provisions of the Intellectual Property Code (the "Portal Elements").
All Portal Elements are protected by copyright and / or trademark law and / or sui generis right of databases. HOSTANDBOAT.COM will carry out any action necessary for the preservation of their rights and interests against any person who proceeds without authorization, prior and written, to reproduction, representation, translation, extraction, adaptation, or dissemination regardless of how, whether it's all or part, have the Portal Elements.
11.2 Intellectual Property of the Hosts
The Hosts are exclusively responsible for the contents published on the Portal and must ensure that they have the set of rights and authorizations necessary for the dissemination of these contents on the Portal.
Host staging on the network of any content subject to copyright protection, trademarks, databases or other conferred to HOSTANDBOAT.COM, during the period that affects the copyright and including the entire world, a non-exclusive right to reproduce, represent, translate and adapt the contents of the Portal and any other numerical, analog or paper support.
The Host guarantees HOSTANDBOAT.COM against the consequences of the claims relating to the rights regarding the content downloaded from the Portal, when a third party invokes the violation of any right (falsification, unfair competition, etc.) on the basis of a property right intellectual or any other that belongs to it.
The Host undertakes to indemnify HOSTANDBOAT.COM for any damage it may have suffered and to pay damages, interest and costs, including attorney's fees, for which it may have incurred in this regard.
ARTICLE 12. MAJOR FORCE.
If HOSTANDBOAT.COM can not exercise one of its obligations in case of force majeure, defined according to law or jurisprudence, it will be exonerated from said obligation. Strikes or technical breakdowns of electrical or telecommunication networks, problems of Internet distributors, natural disasters, fires, natural cataclysms, storms, cyclones, earthquakes, tsunamis, floods, lightning destructions, will be considered especially as a cause of force majeure. , explosions, acts of sabotage, embargo or aggravation of embargoes, interruptions or delays in the means of transport or means of communication, acts or regulations emanating from public, civil or military authorities (including delays in obtaining authorizations or permits). any type), government or justice decision that prevents HOSTANDBOAT.COM from carrying out their contractual rights or obligations, epidemics, popular revolts and revolutions, acts of piracy, acts of terrorism, nuclear accidents.
ARTICLE 13. PROTECTION OF PERSONAL DATA.
The personal data made available by the Hosts, Guests and simple visitors to the portal are registered for the execution of the Services available in the Portal (names, postal code, email address, banking information, etc.).
HOSTANDBOAT.COM does not use these tracking tools to transmit this data to third parties or commercials, or to contrast this data with personal data (name, address, etc.) without the express consent of Hosts, Guests and simple visitors.
The User acknowledges and expressly accepts that some of his personal data is collected by HOSTANDBOAT.COM for the management of his Offer and the execution of his Reservation and substitution Requests. Guests are required to provide certain information such as name, surname, address, email, phone number, name of the boats, exact location of the boats, with the special exception of bank details. The Host is aware that the international dimension of the Portal entails the communication of said data by HOSTANDBOAT.COM to some Hosts, Guests and simple visitors residing in any country in the world where the protection and management of personal data may not be so secure for the Hosts, Guests and simple visitors.
The acceptance of the TYC is equivalent to the formal and total acceptance of these transfers.
Any claim must be filed within a maximum period of ten (10) days after the execution or the expected date of execution of the Service subscribed by the Client to the following address:
Any litigation that may arise as a result of the execution or interpretation of the present TYC, after an attempt of friendly process between the parties, shall be submitted to the competent courts.