EFFECTIVE June 1st 2024
Your Relationship with Big Boat Rentals Your use of Big Boat Rentals products, software, services, website and any mobile applications (collectively "Services") is subject to the terms of this Terms of Use Agreement (this "Agreement"). Big Boat Rentals means Big Boat Rentals, Inc. d/b/a Big Boat Rentals (herein referred to as "Big Boat Rentals," "us," "we," or "our"). If you are using the Services on behalf of a corporation or other legal entity, "you" means the entity, and the user is warranting that he or she has the rights to bind the entity. By using the Services, you are agreeing to and are subject to the following terms and conditions, as well as our Privacy Policy, herein incorporated by reference (collectively, the "Terms"). If you do not agree to all of the Terms you are not authorized to use Big Boat Rentals Services. You accept the Terms by: (i) clicking to accept or agree to the Terms, where this option is made available to you by Big Boat Rentals in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), you understand and agree that Big Boat Rentals treats your use of the Services as acceptance of the Terms from that point onward. Big Boat Rentals reserves the right, at its discretion, to change, modify, add or remove any of the Terms, in whole or in part, at any time. Please check the Services and the Terms periodically for changes. Your use of the Services after such modified Terms are posted will mean that you accept such Terms.
Big Boat Rentals IS A VENUE AND IS NOT A PARTY TO ANY RENTAL AGREEMENT OR OTHER TRANSACTION BETWEEN USERS OF THE SERVICES. Big Boat Rentals is Only a Venue. Big Boat Rentals acts as a venue for users of the Services as renters ("Renters") and boat owners ("Members") (Members and Renters, each a "User" and together, "Users") to view and post available boats to facilitate the rental of such boats. Big Boat Rentals is not a party to any actual agreement or transaction between Renters and Members even though we may from time to time provide tools that relate to a booking, such as a tool to enable a Renter to enter into a transaction to rent a specific boat directly from a Member and payment services to facilitate the booking. As a result, Big Boat Rentals has no control over the accuracy or correctness of the content or information provided or used by such Renters and Members. Any part of an actual or potential transaction between a Renter and a Member, including the condition, quality, safety or legality of the boats advertised, the truth or accuracy of the listings (including the content thereof or any review related thereto), the ability of Members to rent a boat to a Renter, or the ability of Renters to pay for or operate boat rentals are solely the responsibility of each User. Member acknowledges and agrees that Member is solely responsible for the compliance and safety of the Renter(s) who rent Member's boat(s).
You acknowledge and agree to take all reasonable precautions in ensuring the accuracy and reliability of any User generated content. We are also not responsible for the condition of any boats listed on the Services or the compliance with laws, rules or regulations that may be applicable to boat operation, maintenance, rental or charter in any jurisdiction. As between Big Boat Rentals and Members, Member acknowledges and agrees that Member is solely responsible for ensuring compliance with laws, rules or regulations that may be applicable to boat operation, maintenance, rental or charter in the jurisdiction in which Member operates or is otherwise located. Renters should satisfy themselves that any boat rented complies with any legal or safety requirements for such rental, and Renters and Members have exclusive responsibility for such compliance. Without limiting the foregoing, Members and Renters are solely responsible for their own compliance with any legal and/or safety requirements in place in your applicable jurisdiction in light of applicable health and/or travel advisories. Members are responsible for determining if renting a boat is permissible and, if so, for providing their boat in sanitary condition for Renters and with appropriate sanitation supplies for Renters to clean the boat after use. Renters are responsible for returning any rented boat in sanitary condition using the sanitation supplies provided by the Member.
Separate Agreements. Users acknowledge and agree that you will be required to enter into a separate agreement and/or waiver, directly between the Renter and Member, prior to making a booking or purchasing a product or service and such agreement and/or waiver may place additional restrictions on your booking, product, or service. Any separate agreements and/or waivers relating to the rental of a boat or related products or services are under the sole control of any Member or provider and Renter.
Release and Indemnity. IN THE EVENT OF A DISPUTE BETWEEN A RENTER AND A MEMBER, MEMBER AND RENTER, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS Big Boat Rentals AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “Big Boat Rentals PARTIES”) FROM ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), FINES, PENALTIES AND OTHER COSTS OR EXPENSES, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, THE “CLAIMS”), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OVER BREACH OF THIS AGREEMENT, BREACH OF ANY SEPARATE AGREEMENT OR TRANSACTION, AND/OR THE SUBSTITUTION OF RENTAL UNITS. FURTHER, MEMBER AND RENTER EACH HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE Big Boat Rentals PARTIES FROM ANY CLAIMS BROUGHT AS A RESULT OF MEMBER AND/OR RENTER'S (1) BREACH OF THE TERMS, (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND (3) USE OF THE SERVICES.
Insurance. Big Boat Rentals is not a party to any contract for insurance facilitated through any link to a third party insurance provider advertising on the Services, and is not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract for insurance facilitated through such link. Insurance coverage may be provided through a third-party independent insurance producer not affiliated with Big Boat Rentals. Big Boat Rentals does not act as a broker, agent or consultant in the sale of insurance, is not endorsing or recommending any particular insurer or terms of coverage, and is merely providing a link for you, if you wish, to transact a contract for insurance with a third-party provider. Any contract for insurance is solely between you, as the insured, and such insurer as you and the third-party insurance provider agree shall act as the insurer. Big Boat Rentals has no control over and makes no representations regarding the coverage of any insurance you may purchase from a third-party insurance provider. You acknowledge and agree that Big Boat Rentals assumes no responsibility or liability for any claims or disputes arising from, or related to, a contract for insurance facilitated through such link. You also acknowledge and agree that Big Boat Rentals shall not be included as a party to any such claims or disputes.
Your Use of Services
Conditions of Use. As a condition of your use of the Services, you expressly represent and warrant that (i) if you will be operating a boat, you are responsible for ensuring that you are sufficiency skilled in the operation of the boat and legally authorized to operate a boat in the state in which you are renting and you will not allow any other occupants of the boat to operate the boat unless they are each of sufficient skill and legally authorized to operate a boat in the state in which you are renting; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use the Services in accordance with the Terms; (iv) you will only use the Services to post or view, as applicable, available boat rentals or transact legitimate boat rentals for you or for another person for whom you are legally authorized to act with other Users; (v) you will inform such other persons about the terms and conditions that apply to the boat rental you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto; (vi) if you are booking a rental on behalf of another person, you are individually responsible for ensuring that such other person is a party to the separate agreement for the rental of the boat; (vii) all information supplied by you to Big Boat Rentals is true, accurate, current and complete, (viii) if you have a Big Boat Rentals account, you will safeguard your account information, (ix) you are and will remain in compliance with all applicable laws, rules and regulations related to boat operation, maintenance, rental or charter, and (x) if you are listing a boat for rental, you are either (a) the owner of the boat, or (b) a representative authorized to act on behalf of the owner of the boat. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services. Without limiting the foregoing, the Services are not available to children (persons under the age of 18). By using the Services, you represent and warrant that you are at least 18 years old. Big Boat Rentals retains the right at its sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of the Terms.
Sharing contact information such as, email address, phone number, website address, company name, social media accounts or profiles, pickup locations, contact information to other members, or any other form to connect directly with users outside of Big Boat Rentals is strictly prohibited. Big Boat Rentals has the sole discretion to monitor and block all content that it deems to be used to circumvent Big Boat Rentals or violates any other terms of use. Failing to abide by the terms will result in an account suspension and removal from the platform. You agree that you will not try to circumvent Big Boat Rentals by any means which includes but is not limited to conversations posted to Big Boat Rentals messaging platform, boat listings, public and private reviews, and images uploaded.
You agree that you will only use the Services for lawful purposes.
Please keep in mind that we will treat anyone who uses your user name and password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of the person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password or otherwise obtaining access to the Services in this or any other inappropriate manner.
Payment Services. While Big Boat Rentals is not a party to any agreement between you and any Member, Renter acknowledges and agrees that Big Boat Rentals may act as the Member's payment agent for the purposes of collecting payment for bookings made through the Services. Renter's provision of financial information to us for purposes of payment is governed by our Privacy Policy.
Establishing Payment Account. As a Renter, you are responsible for opening an account, providing payment authorizations for bookings and paying for Services according to these Terms, as well as others which may be included at the time of booking. You agree to provide all requested information, including a credit card to be used for pre-authorization/reserve and payment/capture for Services. Payment for a booking will be made by Big Boat Rentals directly to the Member who posted the listing.
By providing your credit card information to us, you agree that we are authorized to charge your card with the total cost of the rental, taxes and any required deposit, as described below. We will run a pre-authorization for the full amount of the booking on the credit card the Renter supplies at the time of booking. You agree that we can charge a nominal amount to your credit card to verify the validity of the credit card information you provide. If the Member accepts the booking, the Renter's credit card will be charged in full for the amount previously described, although if the Member advises us of a change in delivery location following the booking and that change results in an increase in any applicable taxes we are required to charge and collect or if there is increase in the amount to taxes imposed at the time of booking versus the date of delivery, you expressly authorize us to charge such credit card for the excess and if that card is not honored at the time Big Boat Rentals will collect such amount from the Member and the Member will collect such amount from you before delivery of the rental to you and your failure to pay the Member for such amount may result in denial of access to the rental and forfeiture of your deposit. You expressly authorize Big Boat Rentals service provider, to originate credit transfers to your financial institution account. Big Boat Rentals may also use a service provider to store your credit card information to facilitate payments as described herein and you expressly authorize such storage. Big Boat Rentals shall ensure that any service provider it uses to process or store your credit card information is bound by obligations to protect such information commensurate with our Privacy Policy.
Security Deposits. Renters are responsible for leaving the rented boat in the same condition it was in before you rented it. Renters acknowledge and agree that you are responsible for all acts and omissions of you and your guests on the boat that affect the condition of the boat. In the event a Member claims and provides evidence of damage to the boat, you agree that Big Boat Rentals shall be entitled to charge a deposit to your credit card to cover the cost of the damage, as established after reasonable investigation. We will notify you of any damage claim made by a Member related to your rental and you will have an opportunity to respond, as set forth in such notice. We will only charge a deposit to Renter's credit card after the rental is complete if the Member has made a claim and the deposit amount has been deemed appropriate after investigation of the claim. Big Boat Rentals includes a security deposit in every Listing (“Security Deposits”). For all Security Deposits included in a Listing for a confirmed booking of a Boat, Big Boat Rentals will, in its capacity as the payment agent of the Owner, use its commercially reasonable efforts to obtain a pre-authorization of the Renter's credit card in the amount the Owner determines for the Security Deposit within a reasonable time prior to the Renter's check-in at the applicable Owner's Boat. Big Boat Rentals will also use its commercially reasonable efforts to address Owners' requests and claims related to Security Deposits, but Big Boat Rentals is not responsible for administering or accepting any claims by Owners related to Security Deposits, and disclaims any and all liability in this regard.If an Owner does not respond to the questions related to a Security Deposit capture within 7 days of the rental date, the damages will be considered resolved. As a result, the Renter's Security Deposit will be refunded and the Owner will no longer have any rights to the funds. Renters are always responsible for having a card on file with sufficient funds available to cover the Security Deposit and any applicable deductible. Big Boat Rentals reserves the right to cancel the booking if the Security Deposit was not captured within 24 hours of the rental. If a booking has concluded and the Security Deposit was not captured, Big Boat Rentals reserves the right to charge any/all payment methods in order to secure the necessary funds.
Service Charge. We charge a service fee of up to 10% of the total rental with a minimum of a $5 USD service fee (i.e. the booking and any additional expenses such as taxes we are required to collect) for facilitating the rental and this amount will be reflected in the final amount charged to Renter's credit card. We reserve the right to round up amounts to the nearest whole dollar (for example, $202.60 will be rounded to $203). We will process any necessary currency conversion (Big Boat Rentals charges in US dollars unless otherwise specified) based upon Renter's currency on the day the credit card is charged and we will charge a conversion fee of 3% of the total rental for currency conversions. We reserve the right to adjust the conversion rate based upon when the payout is made to the Member. The service fee and any conversion fee constitute "Transaction Fees." Big Boat Rentals reserves the right to adjust its Transaction Fees at any time. Any Fee changes will be effective the next time you book a rental after such fee change goes into effect (i.e., rentals already booked will be subject to Fees as established at the time of booking). For renters, there will be a $500 hold at time of booking.
Payments to Members. Payment to Members for accepted bookings will be made net 30 days from the date of the completed reservation. Notwithstanding, in limited circumstances, on a case-by-case basis, in its sole discretion, Big Boat Rentals may elect to pay a Member a portion of the accepted booking after the reservation is made and the remaining portion of the accepted booking net 30 days from the date of the completed (fully paid) reservation. If, after Member has been paid any portion of the accepted booking by Big Boat Rentals, an accepted booking is cancelled or terminated for any reason by either Member or Renter before the reservation is completed, Member shall return to Big Boat Rentals all sums advanced by Big Boat Rentals for such reservation immediately (within five (5) days) upon receiving written demand for same. Member further agrees that Big Boat Rentals is not liable for any damages Member may incur as a result of such cancellation and/or having to return such funds. If Member fails to timely refund said sums, Big Boat Rentals shall also be entitled to interest on said sums at the rate of 18% per annum, or the highest rate allowed by law, whichever is lower, and all of Big Boat Rentals attorneys' fees and costs of court. If a Member does not respond to a booking inquiry, Big Boat Rentals reserves the right to transfer the booking and associated payment to another Member on Renter's behalf. Big Boat Rentals reserves the right to hold payment to Members if Big Boat Rentals suspects there has been fraud or other suspicious activity in connection with the rental or payment. Unacceptable payment methods that may be posted on the Services may result in the immediate removal of the non-conforming listing from the Services without notice to the Member and without refund. Unacceptable payment methods are those methods that may pose a risk of fraud, identify theft, or breach of privacy.
Substitution of Rental Units. Renter understands and acknowledges that boats/other water craft reserved may, from time to time, be subsequently damaged or otherwise become in need of repair before the reservation is commenced. If a Member is unable to provide the reserved unit to Renter due to it being unavailable, Member may provide Renter with a substitute unit that is similar in age, size, model, and value as the reserved boat/other water craft. Member shall provide Renter with notice of the need for a substitution of unit(s) as soon as reasonably possible, as well as provide Renter with pictures and a description of the substitute unit upon request. If Member is unable to provide Renter with a similar substitute unit (as described herein), Renter may elect to cancel the reservation any time before it is commenced and, as its sole remedy, obtain a refund in accordance with the Refund Policy as if the Member had cancelled the reservation. Renter shall not be entitled to any refund, and shall be obligated to pay all sums owed, if Member offers Renter a similar unit (as described herein) and Renter nevertheless refuses to complete and/or terminates the reservation. If there is a dispute between Renter and Member as to whether the substitute unit offered by Member is sufficiently similar to the unit reserved by Renter, Big Boat Rentals shall make the final determination, in its sole discretion, and Renter and Member agree to abide by Big Boat Rentals determination.
ANY DIRECT OR INDIRECT EXCHANGE OF MONEY BETWEEN RENTERS AND MEMBERS OTHER THAN PAYMENT THROUGH Big Boat Rentals IS A VIOLATION OF THESE TERMS. Taxes. The rental/booking fee and any additional expenses may be subject to applicable local, federal and state taxes. Commencing with bookings made on and after date set forth after "Effective" set forth on the first page above, Big Boat Rentals will in some locations, as Big Boat Rentals phases in its tax collection and reporting system, charge and collect from the Renter all applicable taxes Big Boat Rentals is required to collect and which are imposed by a governmental authority on the rental amount and other charges that are included in the base on which such taxes are imposed and that payable by the Renter through the Services. In some jurisdictions, Big Boat Rentals may not begin collecting on the Effective date shown above or in others may not be required to collect taxes, and as provided below it is the Member's responsibility to collect and remit any such taxes imposed on the rental amount that Big Boat Rentals does not charge and collect. To the extent charged and collected from the Renter by Big Boat Rentals, the Member should not charge and collect the same amount of such taxes from the Renter. Big Boat Rentals will make the determination of the applicable amount to be charged based on the zip code of the Member on file with Big Boat Rentals unless and until the Member advises Big Boat Rentals in writing of a change the location of where the boat will be delivered to a Renter. If the change in location results in an increase in the amount of applicable taxes that should have been charged to and collected from the Renter, the Renter's credit card will be charged for such excess. Except to the extent provided herein or in the Member Interface Agreement, the Member accepting the booking is solely responsible for the collection, reporting, and payment of applicable taxes where those taxes are not being collected and remitted by Big Boat Rentals. Big Boat Rentals will charge applicable taxes to Renter's credit card at the time of booking and later in the event circumstances require a change. To the extent not charged and collected by Big Boat Rentals, Members are responsible for determining applicable taxes and should consult with your own legal/tax adviser about any tax questions in this regard. For Members based in the European Union, it is your responsibility to include VAT in the price of the booking and you will be responsible for reporting VAT.
Cancellation and Refund Policy. If Member cancels an accepted rental before the rental is commenced, Renter shall be refunded all sums paid to Big Boat Rentals for the rental, other than the Transaction Fee and any taxes Big Boat Rentals remitted to a taxing authority prior to the cancellation. If Renter cancels an accepted rental before the rental is commenced, Big Boat Rentals shall return to Renter a “Cancellation Refund,” as specified below. The Transaction Fee and any applicable taxes collected by Big Boat Rentals and remitted to the taxing authority or authorities before the cancellation will not automatically be refunded to the Renter. The amount of the Cancellation Refund is determined by the Member's cancellation policy set forth by the Member. which shall be determined by the Member. If Big Boat Rentals issues a Cancellation Refund to Renter that is less than 100% of the rental price, Members will be credited with the non-refunded portion of such rental price on the Member's next rental that is successfully completed through Big Boat Rentals.
Owner Cancellation.
Service Fees will never be refunded after both parties have agreed on a booking.
The Member will be debited the cancellation fees on the next rental that is successfully completed through Big Boat Rentals. Renters are subject to the cancellation terms set forth in the terms of each listing. Additionally, if a Member cancels a rental for any reason other than weather or another circumstance effecting the safety of the Renter, such Member (rather than the Renter) will be charged the Transaction Fee for the rental, as set forth above.
Chargeback Policy. If Renter disagrees with any charges, before any dispute is lodged with Renter's credit card company, Renter shall provide Big Boat Rentals with a detailed written explanation of such disputed sum within fourteen (14) days of the charge, and the parties shall engage in a discussion related to same. FAILURE TO PROVIDE TIMELY NOTICE OF SAID DISPUTE VOIDS ANY CLAIM OR DISPUTE. At Big Boat Rentals request, Renter shall provide any additional written explanation or details and/or supporting documentation, in the format desired by Big Boat Rentals. RENTER SHALL NOT DISPUTE VALID CHARGES ASSESSED IN ACCORDANCE WITH THESE TERMS OF USE. Member understands and acknowledges that Big Boat Rentals acts merely as a conduit for reservations and payments between Renters and Members, and Member assumes all rental payment risk. IF A RENTER OBTAINS A CREDIT CARD CHARGEBACK AGAINST Big Boat Rentals, FOR ANY REASON, AND Big Boat Rentals HAS ALREADY PAID ALL OR A PORTION OF SUCH AMOUNT TO MEMBER, THEN MEMBER SHALL IMMEDIATELY (WITHIN FIVE (5) DAYS UPON RECEIVING WRITTEN DEMAND FOR SAME) RETURN TO Big Boat Rentals ALL SUCH AMOUNTS or the Member will be debited the cancellation fees on the next rental that is successfully completed through Big Boat Rentals.
Use of Services. The content and information on Big Boat Rentals Services (including, but not limited to, price and availability of boats listed in any inventory database), as well as the infrastructure used to provide such content and information, is proprietary to Big Boat Rentals, its licensors, its suppliers and providers. While you may make limited copies of your booking documents (and related documents) for boat rentals booked through the Services, you agree not to and you have no right to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, content, products, or services obtained from or through the Services. Additionally, you agree not to:
AGREEMENT TO ARBITRATE DISPUTES IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH Big Boat Rentals ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Big Boat Rentals on an individual basis in arbitration, as set forth below. This will preclude you from bringing any class, collective, or representative action against Big Boat Rentals, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Big Boat Rentals by someone else. Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing [email protected] and saying “I opt out of arbitration” in the email within 30 days of first registering your account.
You and Big Boat Rentals agree that any dispute, claim or controversy ("Claim") arising out of or relating to this agreement between you and Big Boat Rentals, including (without limitation) Claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law and (except as otherwise specifically provided in this Agreement) Claims relating to the existence, breach, termination, enforcement, interpretation or validity of this agreement (including the validity of this arbitration clause), shall be settled by binding arbitration administered by the American Arbitration Association, www.adr.org , 1-800-778-7879 (the “Administrator”), and not in a court of law (excluding solely non-monetary injunctive or equitable relief as provided below). The Administrator provides information about arbitration, its arbitration rules and procedures, fee schedule and claims forms on its web site or by mail as set forth above. The Administrator will apply the rules and procedures in effect and applicable to the claim at the time the arbitration is filed. The Claim will be heard before a single arbitrator. The arbitration will not be consolidated with any other arbitration proceedings. The arbitrator shall not have any authority to entertain a claim, or to award any relief, on behalf of or against anyone other than a named party to the arbitration proceeding. The Administrator shall resolve each dispute in accordance with applicable law. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
You consent to electronic service of process, with service to be made to the email address we have on record for your account.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND Big Boat Rentals ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND Big Boat Rentals OTHERWISE AGREE IN WRITING, ANY ARBITRATION OR OTHER LEGAL PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Notwithstanding mandatory arbitration as provided above, you and Big Boat Rentals each retain the right to seek solely non-monetary injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You agree that any and all communications and evidence related to any dispute ultimately resolved by arbitration or mediation with the Administrator arising out of or relating to this agreement shall be held and will remain confidential, and that you will not take any action that will harm the reputation of any of the other parties to the arbitration or mediation or Big Boat Rentals or which would reasonably be expected to lead to unwanted or unfavorable publicity to and of the parties, Big Boat Rentals or other entities involved in or incidental to the arbitration or mediation. You understand that those parties and entities include but are not limited to the claimant, respondent, witnesses, and Big Boat Rentals. Notwithstanding any choice of law or other provision in this agreement parties agree and acknowledge that this arbitration clause evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and Administrator Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and Administrator Rules are found to not apply to any issue that arises under this arbitration clause or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.
Identity Verification
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each Renter or Member's purported identity. Notwithstanding the foregoing, you agree that you will provide us or the Member with whom you book a rental whatever proof of identity we may reasonably request.
You agree to (i) keep your password and online ID for both your Big Boat Rentals account and your email account secure and strictly confidential, (ii) notify us immediately and select a new online ID and password if you believe your password for either your Big Boat Rentals account or your email account may have become known to an unauthorized person, and (iii) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your Big Boat Rentals account and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your Big Boat Rentals account or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
Exclusion of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND AND BIG BOAT RENTALS ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER BIG BOAT RENTALS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS NOR SUPPLIERS WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY.
Big Boat Rentals, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO RENTERS OR MEMBERS THAT:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
Limitation of Liability IN NO EVENT WILL Big Boat Rentals ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE TO RENTERS, MEMBERS, OR ANY PARTY FOR:
Notwithstanding the Terms, if Big Boat Rentals is held liable, Big Boat Rentals entire aggregate liability under or arising out of these Terms or the Services shall be limited to the greater of (a) the service fees you paid to Big Boat Rentals in connection with your use of the Services (if any), or (b) One-Hundred Dollars (US$100.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so in these jurisdictions the above limitations or exclusions may not apply.
Release and Indemnity. IN THE EVENT OF A DISPUTE BETWEEN A RENTER AND A MEMBER, MEMBER AND RENTER, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS Big Boat Rentals AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “Big Boat Rentals PARTIES”) FROM ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), FINES, PENALTIES AND OTHER COSTS OR EXPENSES, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, THE “CLAIMS”), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OVER BREACH OF THIS AGREEMENT, BREACH OF ANY SEPARATE AGREEMENT OR TRANSACTION, AND/OR THE SUBSTITUTION OF RENTAL UNITS. FURTHER, MEMBER AND RENTER EACH HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE Big Boat Rentals PARTIES FROM ANY CLAIMS BROUGHT AS A RESULT OF MEMBER AND/OR RENTER'S (1) BREACH OF THE TERMS, (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND (3) USE OF THE SERVICES. USERS ALSO ACKNOWLEDGE AND AGREE THAT Big Boat Rentals HAS NO OBLIGATION TO MEDIATE, RESOLVE, OR ADJUDICATE DISPUTES BETWEEN USERS EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF USE.
Proprietary Materials The Services contain proprietary materials such as logos, text, software, photos, video, graphics, music and sound. Big Boat Rentals is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks. In using the Services, you agree not to upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining Big Boat Rentals prior consent, except you may make limited copies of your booking documents (and related documents) for boat rentals booked through the Services.
Unsolicited Ideas and Feedback From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works ("submissions") in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) we may use or redistribute any such submission and its contents for any purpose and in any way without any compensation to you; (2) there is no obligation for us to review any submission; and (3) there is no obligation to keep any submission confidential.
No Spam, Spyware, or Spoofing
We and our Users do not tolerate spam. You may not use the Site to send spam or otherwise send content that would violate the Terms.
Links to Third-Party Websites or Services The Services may contain links to other websites, social media platforms or other online services operated by parties other than Big Boat Rentals ("Third-Party Websites"). Big Boat Rentals links to such other Third-Party Websites is for informational purposes only and does not imply any endorsement of the products, services or material on such Third-Party Websites or any association with their sponsors or operators. You access any Third-Party Websites at your own risk. We are not responsible in any way for such Third-Party Websites or resources. We will not have any liability as a result of your use of such Third-Party Websites and resources, and your use of such sites and resources will not be governed by these Terms.
Additional Terms Applicable to Direct Bookings
Service Charge. For the Direct Booking Feature, we charge the Renter a service fee of 2.5% of the total rental with a minimum of a $5 USD service fee (i.e. the booking and any additional expenses such as taxes we are required to collect) for facilitating the rental, and this amount will be reflected in the final amount charged to Renter's credit card. We reserve the right to round up amounts to the nearest whole dollar (for example, $202.60 will be rounded to $203). We will process any necessary currency conversion (Big Boat Rentals charges in US dollars unless otherwise specified) based upon Renter's currency on the day the credit card is charged and we will charge a conversion fee of 3% of the total rental for currency conversions. We reserve the right to adjust the conversion rate based upon when the payout is made to the Member. The service fee and any conversion fee constitute "Transaction Fees". Big Boat Rentals reserves the right to adjust its Transaction Fees at any time. Any Fee changes will be effective the next time you book a rental after such fee change goes into effect (i.e., rentals already booked will be subject to Fees as established at the time of booking).
Monitoring. Under direct bookings, the Member is directly bringing the Renter to the Big Boat Rentals site and submitting Renter information. Big Boat Rentals is under no obligation to verify or monitor the information residing or transmitted to this site for the Direct Booking Feature. You are required to carefully review the information submitted. Big Boat Rentals makes no warranty as to the accuracy, completeness or currency of the content. It is your responsibility to verify any information before relying on it. The content of this site may include technical inaccuracies or typographical errors. From time to time, changes are made to the content herein.
Limitation of Liability. You assume all responsibility and risk for the use of Direct Booking. In no event shall Big Boat Rentals, be liable for any direct, special, indirect, or consequential damages or any damages whatsoever; including but not limited to loss of use, data or content, and transaction conducted through or facilitated by the site, any claim attributable to errors, omissions or other inaccuracies in the site, the service and or the content, unauthorized access to or alteration of your transmissions or data, or any other matter relating the site and or the service.
Terminate or Restrict Access. Big Boat Rentals have the right to terminate or restrict access to any or all of this Direct Booking Feature, unilaterally and without notice, in its sole discretion. Big Boat Rentals also reserves any and all remedies at law or equity in connection with violation of these Terms of Use.Other Terms
General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.
Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Assignment. This Agreement, the Terms, the Services and any modifications thereto may not be assigned or in any way transferred by you without the prior written consent of Big Boat Rentals. Big Boat Rentals may assign this Agreement, the Terms, and any information you provide without your consent, including, without limitation, in connection with a sale of its business, assets, a merger or other similar transaction.
Governing Law. The terms of this Agreement shall be construed in accordance with the substantive laws of the State of California, United States of America, without giving effect to the principles of conflict or choice of law of such state. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.
Choice of Forum and Venue. You hereby consent to the exclusive jurisdiction and venue of courts in San Francisco County of California, U.S.A., in all disputes arising out of the Terms or relating to the use of the Service.
No Responsibility for Acts of God. Big Boat Rentals shall not be liable for any delay or failure to perform in connection with any booking, Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, seizure of the boat under legal process, adverse weather conditions, inability to obtain fuel, boat damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or docking approvals, clearances or permits by governmental authority, or any other cause which is beyond the control of Big Boat Rentals. Big Boat Rentals is hereby released by a User from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above.
Severability. any provision of the Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision.
Waiver. No waiver of any of the Terms shall be deemed a waiver of any other such Terms set forth herein.
Entire Agreement. The Terms constitute the entire agreement between you and Big Boat Rentals with respect to the subject matter covered herein, including use of the Services and any subject matter therein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.
Termination. Big Boat Rentals may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User's use of all or any portion of the Services if you breach the Terms, or at any time or for any reason, at the sole discretion of Big Boat Rentals.
Non-Endorsement. Big Boat Rentals does not recommend one Member over another and does not provide advice to users regarding which Member to select for the rentals. All comments or reviews posted by Big Boat Rentals users, Renters, or Members on our Services do not represent the views of Big Boat Rentals in any way and are not endorsed by Big Boat Rentals absent a specific written statement to the contrary.
No Relationship. You agree that no joint venture, partnership, agency or employment relationship exists between you and Big Boat Rentals as a result of this Agreement or use of the Services.
Notice of Claim. You agree that all disputes arising out of the Terms or the use of Big Boat Rentals Services shall be communicated to Big Boat Rentals in writing within thirty (30) days from the date of the incident causally related to the dispute. You hereby waive your right to any claim against Big Boat Rentals not communicated as provided by this Section.
Contacting Us. If you have any questions, concerns or comments about this Agreement or our Services, please contact us.
Any rights not expressly granted herein are reserved by Big Boat Rentals.