Terms of Website Use
1. Introduction
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
About the Platform
Fun Boat Rental (“Company,” “we,” “us,” or “our”) operates an online marketplace platform (the “Platform”) that allows users seeking yacht or boat charters (“Charterers”) to connect with independent vessel owners and/or charter operators (“Operators”).
Company is not a vessel owner, operator, manager, captain, crew member, travel provider, or charter company.
Company does not own, operate, manage, maintain, crew, inspect, or control any vessel listed on the Platform.
All charter services are provided exclusively by independent Operators, not by Company.
Marketplace Role & No Agency
Company’s role is strictly limited to providing a technology platform that facilitates:
Listings by Operators
Communications between Charterers and Operators
Payment processing and platform services
Company does not act as:
A principal
A charter provider
A joint venturer
An employer
An agent of any Operator for purposes of vessel operation or safety
No partnership, joint venture, agency, or employment relationship is created by use of the Platform.
Marketplace Role & No Agency
Company’s role is strictly limited to providing a technology platform that facilitates:
Listings by Operators
Communications between Charterers and Operators
Payment processing and platform services
Company does not act as:
A principal
A charter provider
A joint venturer
An employer
An agent of any Operator for purposes of vessel operation or safety
No partnership, joint venture, agency, or employment relationship is created by use of the Platform.
Charter Agreements
Any charter booking made through the Platform results in a separate, direct agreement between the Charterer and the Operator.
Company is not a party to any charter agreement and has no responsibility or liability arising from the performance or non-performance of any charter.
Vessel Operations & Safety
Operators are solely responsible for:
Vessel condition and seaworthiness
Crew qualifications and licensing
Compliance with all maritime laws and regulations
Navigation, operation, and safety
Passenger supervision and conduct
Insurance coverage
Company does not:
Inspect vessels
Verify safety equipment
Guarantee licensing or insurance
Provide safety assurances of any kind
Charterers acknowledge that boating and maritime activities involve inherent risks, including the risk of injury or death.
Payments made through the Platform are processed using third-party payment service providers.
Company acts solely as a payment facilitator and does not own or control charter funds, except for the collection of disclosed platform fees or commissions.
Operators are the merchants of record for charter services.
Refunds, cancellations, and disputes are governed by the Operator’s charter agreement and cancellation policy for charter fees or other services provided by charter operator.
The Platform and all services are provided on an “as is” and “as available” basis.
Company makes no representations or warranties, express or implied, regarding:
Vessel condition
Safety
Operator conduct
Charter outcomes
Weather conditions
Insurance adequacy
Limitation of Liability
To the maximum extent permitted by law:
Company shall not be liable for any:
Personal injury
Death
Property damage
Emotional distress
Financial loss
Arising out of or related to:
Any charter
Vessel operation
Acts or omissions of Operators, crew, or other passengers
Use of or reliance on the Platform
Company’s total liability, if any, shall not exceed the platform fees actually paid to Company for the applicable transaction.
2. Intellectual Property Rights
Other than content you own, which you may have opted to include on this Website, under these Terms, Fun Boat Rental and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
3. Restrictions
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Fun Boat Rental may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
4. Your Content
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Fun Boat Rental a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be infringing on any third party’s rights. Fun Boat Rental reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
5. No warranties
This Website is provided “as is,” with all faults, and Fun Boat Rental makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
6. Limitation of liability
In no event shall Fun Boat Rental, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Fun Boat Rental, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website. Fun Boat Rental (“we”, “us”, “our”) is a yacht charter referral and marketing platform. We do not own, operate, manage, or control any of the boats listed on our site. All vessel operations, services, payments, and customer interactions are solely the responsibility of the individual boat owners or operators (“Third-Party Providers”). By using our service, you acknowledge and agree that:
We are not a party to the actual contract between you and the boat owner/operator.
We do not make any warranties regarding the safety, legality, suitability, or performance of any charter.
We assume no responsibility for any loss, injury, damage, or other claims that may arise from your use of the charter services provided by a Third-Party Provider.
Any concerns, disputes, or claims must be directed to the boat owner or operator directly. You agree to release and hold us harmless from any liability related to your charter experience, except where required by law.
7. Indemnification
You hereby indemnify to the fullest extent Fun Boat Rental from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
8. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms
Fun Boat Rental is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
10. Assignment
Fun Boat Rental shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Refunds
Platform Fees
Company may charge a technology platform fee, service fee, or marketplace facilitation fee (“Platform Fee”) for use of the Platform.
The Platform Fee is charged in exchange for access to Company’s technology, marketplace services, payment processing, and booking facilitation, not for the charter itself.
Non-Refundable Platform Fees
Platform Fees are earned upon booking and are non-refundable, including but not limited to situations involving:
Charter cancellation
Weather conditions
Mechanical issues
Operator actions or omissions
Charterer no-shows
Force majeure events
Any refunds of charter fees are governed solely by the applicable Operator’s cancellation and refund policy. Company has no obligation to refund Platform Fees once a booking has been confirmed.
Platform Fees are separate and distinct from charter fees charged by Operators and shall be clearly disclosed at checkout as a separate line item.
Company does not have discretion to modify, waive, or override Platform Fees on a case-by-case basis.
By completing a booking, you acknowledge and agree that Platform Fees are non-refundable regardless of the outcome of the charter.
12. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Fun Boat Rental and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
12. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of California, Los Angeles County and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.