Terms of Website Use
1. Introduction & Acceptance
These Website Standard Terms and Conditions (these “Terms”) 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” or “Platform”). These Terms apply in full force and effect to your use of this Website. 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 Terms.
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 are a minor.
2. About the Platform & Marketplace Role
Fun Boat Rental (“Company,” “we,” “us,” or “our”) operates an online marketplace platform that allows users seeking yacht or boat charters (“Charterers”) to connect with independent vessel owners, operators, and/or providers (“Providers” or “Operators”).
Platform Only: Company is a yacht charter referral and marketing platform. Company is not a vessel owner, operator, manager, captain, crew member, travel provider, or charter company.
No Control: 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 Providers.
No Agency or Partnership: Company’s role is strictly limited to providing a technology platform that facilitates listings, communications, and payment processing. Company does not act as a principal, charter provider, joint venturer, employer, or agent of any Provider for vessel operation or safety. No partnership, joint venture, agency, or employment relationship is created by use of the Platform.
Direct Charter Agreements: Any charter booking made through the Platform results in a separate, direct agreement between the Charterer and the Provider. Company is not a party to any charter agreement and has no responsibility or liability arising from performance or non-performance.
3. Communications & Marketing Consent
By providing your contact information (including email address, phone number, or mailing address) through this Website, submitting inquiries, registering an account, or listing a vessel, you expressly consent to receive communications from Fun Boat Rental.
Permissible Contacts: You agree that Fun Boat Rental may contact you via email, phone, or automated messaging for operational, administrative, transaction-related, customer support, and business or marketing purposes.
Opt-Out: You may opt out of receiving promotional marketing emails at any time by clicking the “unsubscribe” link provided in our emails. However, administrative and transaction-related communications concerning active bookings or listings will continue.
4. Terms Specific to Boat Owners & Providers
The following terms apply specifically to boat owners, captains, or vessel managers listing or marketing a vessel through Fun Boat Rental:
Operation: Fun Boat Rental operates a website that markets boat rentals. Fun Boat Rental will promote listed vessels at its sole discretion for the purpose of renting Provider’s boat.
No Obligation: Fun Boat Rental makes no guarantee as to how many rentals or dollars it will produce for Provider or how many gross dollars Fun Boat Rental will spend on marketing the boat.
No Exclusivity: Neither these Terms nor the provision of services by Fun Boat Rental shall in any way limit the ability of Fun Boat Rental to enter into similar agreements or provide similar services to or with other persons or companies.
No Partnership: Nothing contained in these Terms shall be deemed or construed to create a partnership or joint venture for, of, or between Provider and Fun Boat Rental.
Authorization & Risk: Provider represents and warrants that they are fully licensed, insured, and authorized to operate and charter the vessel(s) they list through Fun Boat Rental. Provider agrees that all services offered to Charterers introduced through our Platform are provided at Provider’s sole risk and responsibility.
Provider Indemnification: Provider shall fully indemnify, defend, and hold harmless Fun Boat Rental, its owners, affiliates, officers, directors, and employees from any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to:
Any damage, personal injury, or death occurring during or in connection with a charter.
Alleged misrepresentation or breach of any applicable local, state, federal, or maritime law, regulation, or agreement.
Any act or omission by the Provider, its crew, agents, or representatives.
5. 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.
6. User 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 or impacts user access;
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;
Using this Website to engage in unauthorized advertising or marketing.
Certain areas of this Website may be restricted from access, and Fun Boat Rental may further restrict access by you to any areas of this Website at any time, in its sole discretion. Any user credentials/passwords remain confidential.
7. Your Content
In these Terms, “Your Content” shall mean any audio, video, text, images, listing details, or other material you choose to display or submit on this Website. 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 for operational and promotional purposes.
Your Content must be your own and must not infringe on any third party’s rights. Fun Boat Rental reserves the right to remove any of Your Content from this Website at any time, for any reason, without notice.
8. Vessel Operations, Safety & Disclaimers
Providers are solely responsible for vessel condition, seaworthiness, crew qualifications, compliance with maritime laws, navigation, passenger safety, and primary insurance coverage.
Company does not inspect vessels, verify safety equipment, guarantee licensing or insurance, or provide safety assurances. Charterers acknowledge that boating and maritime activities involve inherent risks, including property loss, personal injury, or death.
9. Fees & Refunds
Platform Fees: Fun Boat Rental may charge a technology, service, or marketplace fee (“Platform Fee”) for use of the Platform. This fee is charged for access to technology, marketing, and processing services—not for the charter itself.
Non-Refundable: Platform Fees are earned upon booking confirmation and are non-refundable regardless of charter outcome, weather, mechanical issues, cancellation, or force majeure.
Charter Fees: Refunds or disputes concerning charter fees are governed solely by the applicable Provider’s cancellation policy.
10. No Warranties & Limitation of Liability
This Website and Platform are 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, materials, safety, or charter performance.
To the maximum extent permitted by law, in no event shall Fun Boat Rental, nor any of its officers, directors, and employees, be liable for any personal injury, death, property damage, financial loss, or consequential damages arising out of or in any way connected with your use of this Website or services provided by Third-Party Providers. Total liability of Fun Boat Rental, if any, shall not exceed the Platform Fees actually paid to Company for the applicable transaction.
11. General 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.
12. Severability & Variation of Terms
If any provision of these Terms is found to be invalid under applicable law, such provision shall be deleted without affecting the remaining provisions. Fun Boat Rental is permitted to revise these Terms at any time as it sees fit, and users are expected to review these Terms regularly.
13. Assignment & Entire Agreement
Fun Boat Rental may assign, transfer, and subcontract its rights and obligations under these Terms without notification or consent. Users may not assign or transfer any rights under these Terms. These Terms constitute the entire agreement between Fun Boat Rental and you regarding Website use.
14. 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 jurisdiction of the state and federal courts located in California for the resolution of any disputes.