SECTION 35 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE. IT AFFECTS HOW DISPUTES WITH BEDNBOATS ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURIDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THE TERRITORY WHERE THE BOAT IS LOCATED. SOME JURISDICTIONS RESTRICT THEIR ABILITY TO HOST PAYING GUESTS FOR SHORT PERIODS SOME OTHERS PROVIDE FOR THEM TO REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW ALL THE APPLICABLE LAWS AND RULES BEFORE LISTING AN ACCOMODATION ON BEDNBOATS.
1. Key Terms
BED N BOATS Inc. is a B.V.I. company duly existing and incorporated under the laws of British Virgin Island, with registered office at Overseas Management Company Trust LTD – OMC Chambers, Wickhams Cay 1, Road Town, Tortola, British Virgin Island (hereinafter referred to as “BednBoats”, “we”, “us”, or “our”). BednBoats owns the domain and runs the site www.Bednboats.com, an online platform that connects hosts who have accommodations to rent on Boats (as better hereinafter defined) with guests seeking to rent such accommodations (collectively, the “Services”), which Services are accessible through www.Bednboats.com and any other websites through which BednBoats makes the Services available (collectively, the “Site”) and, as the case may be, as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”).
BednBoats does not directly manage any payments or payouts conducted through or in connection with the Site, Application or Services (“Payment Services”) that are handled on behalf of BednBoats by Pay Pal, Inc. (“Pay Pal”) and are accordingly subject to Pay Pal’s terms and conditions (“PP Payments Terms”).
“Accommodation” means any accommodation on a docked Boat made available by a Host to a Guest
“BednBoats Content” means all Content that BednBoats makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Boat” any docked floating property, including but not limited to sail boats, motor boats, lobster boats, vessels, ships, catamarans etc..
“Collective Content” means Member Content and BednBoats Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Guest” means a Member who requests from a Host a booking of a Listing via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for the associated Listing.
“Host” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means an Accommodation that is listed by a Host as available for rental via the Site, Application, and Services.
“Member” means a person who completes BednBoats’s account registration process, including but not limited to Hosts and Guests, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or BednBoats promotional campaign to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as convention centre fees) that Accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
2. Terms of Services
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and BednBoats. In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR ACCOMMODATIONS AND GUESTS MAY LEARN ABOUT AND BOOK ACCOMMODATIONS DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT BEDNBOATS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS BEDNBOATS A MARINE BROKER, AGENT OR INSURER. BEDNBOATS HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU CHOOSE TO CREATE A LISTING ON BEDNBOATS, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH BEDNBOATS IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF BEDNBOATS FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF BEDNBOATS. BEDNBOATS DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF BEDNBOATS, INCLUDING BY INAPPROPRIATELY USING ANY BEDNBOATS INTELLECTUAL PROPERTY. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
BednBoats reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older or the different age provided by the applicable laws and rules in order for you to validly enter into these Terms and undertake legally binding obligations.
5. How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of Accommodations. Such Accommodations are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Accommodation or create a Listing, you must first register to create a BednBoats Account (defined below). As stated above, BednBoats makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations directly with each other. BednBoats is not an owner or operator of properties, including, but not limited to, Boats, or other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, Boats or other lodgings or Accommodations and BednBoats does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, boats, sailboats, ships or vessels cabins, other lodgings or Accommodations or transportation or travel services. Unless explicitly specified otherwise in the BednBoats platform, BednBoats’s responsibilities are limited to facilitating the availability of the Site, Application and Services. PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING ACCOMMODATIONS DIRECTLY WITH EACH OTHER. BEDNBOATS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. BEDNBOATS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
6. Account Registration
In order to access certain features of the Site and Application, and to book an Accommodation or create a Listing, you must register to create an account (“BednBoats Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your BednBoats Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to BednBoats through the Site, Services or Application; or (ii) allowing BednBoats to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to BednBoats and/or grant BednBoats access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating BednBoats to pay any fees or making BednBoats subject to any usage limitations imposed by such third-party service providers. By granting BednBoats access to any Third-Party Accounts, you understand that BednBoats will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your BednBoats Account and BednBoats Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your BednBoats Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or BednBoats’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your BednBoats Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. BednBoats makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and BednBoats is not responsible for any SNS Content. Your BednBoats Account and your BednBoats Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active BednBoats Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. BednBoats reserves the right to suspend or terminate your BednBoats Account and your access to the Site, Application and Services if you create more than one (1) BednBoats Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your BednBoats Account, whether or not you have authorized such activities or actions. You will immediately notify BednBoats of any unauthorized use of your BednBoats Account.
7. Accommodation Listings
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Accommodations must have valid physical addresses so to allow any Guest to reach it. Should for any reason whatsoever such physical address change (e.g. change of harbour or of pier within the same harbour etc.) you expressly agree that it will be your exclusive responsibility to accordingly amend the Listing. Should a Guest fail to reach the Accommodation due to the Host’s incomplete or incorrect indications as to its physical address the Guest shall be entitled to be entirely refunded without prejudice to their right to claim for any further damages. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Guest and Host preferences, ratings and/or ease of booking. Other Members will be able to book your Accommodation via the Site, Application and Services based upon the information provided in your Listing, your Guest requirements, and Guests’ search parameters and preferences. You understand and agree that once a Guest requests a booking of your Accommodation, you may not request the Guest to pay a higher price than in the booking request. You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest’s stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as harbour authorities, boat owners association, harbour regulations, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that BednBoats assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. BednBoats reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that BednBoats, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. If you are a Host, you understand and agree that BednBoats does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and BednBoats is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Accommodation, such as requiring Members to have a profile picture or verified phone number, in order to book your Accommodation. Any Member wishing to book Accommodations included in Listings with such requirements must meet these requirements.
You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation, if applicable.) BednBoats recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation. BednBoats may offer Hosts the option of having photographers take photographs of their Accommodations. If you as a Host choose to have photographer do this, BednBoats shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “Bednboats.com Verified Photo” or similar wording (“Verified Images”). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Host for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute BednBoats Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from BednBoats. If your BednBoats Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that BednBoats retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
8. No Endorsement
BednBoats does not endorse any Member, Listing or Accommodation. You understand that Verified Images are intended only to indicate a photographic representation of the Accommodation at the time the photograph was taken. Verified Images are therefore not an endorsement by BednBoats of any Member, Listing or Accommodation. Members are required by these Terms to provide accurate information. Although BednBoats may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background. By registering for a BednBoats Account, you agree that BednBoats may – but is not obligated to – request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law. Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by BednBoats about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept or preapprove a booking request from a Guest, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from BednBoats with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against BednBoats regarding the remittance of payments received from a Guest by BednBoats on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
9. Bookings and Financial Terms
9.1 “Key definitions ”
“Accommodation Fees” means the amounts that are due and payable by a Guest in exchange for that Guest’s stay in an Accommodation. The Host alone, and not BednBoats, is responsible for the Accommodation Fees for his or her Listing. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the BednBoats platform, or (ii) Taxes that the Host determines that he or she has to collect or (iii) a guarantee deposit.
“Guest Fees” means the fee that BednBoats charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host.
”Host Fees” means the fee that BednBoats charges a Host for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Host Fees will be displayed to the Host in the mail informing the latter that a Guest actually made a reservation.
“Payment Method” means a payment method that you have added to your BednBoats Account, such as a credit card, debit card or PayPal.
“Service Fees” means collectively the Guest Fees and the Host Fees.
”Total Fees” means collectively the Accommodation Fees and the Guest Fees plus any Taxes.
9.2 Bookings and Financial Terms for Hosts
When a booking is made by a Guest via the Site, Application or Services the relevant payment is processed by Pay Pal and the agreement between the Host and the Guest comes into full force and effect. BednBoats is not responsible for any subsequent possible withdrawal or default or termination for any reason whatsoever by either the Guest or the Host. If you are a Host and a booking is made for your Accommodation via the Site, Application or Services, notice of it will be sent to you via e-mail through the Site, Application or Service: we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest’s BednBoats Account profile page, (iii) if the Guest and Host have both connected their BednBoats accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Guest has provided other information to BednBoats, such as a verified email address, connection to SNSs, or a government ID. Without prejudice for any legal remedy available to the Host and/or the Guest in case of withdrawal, default or termination, it is understood that Service Fees due to BednBoat on the coming into effect of the agreement between the Host and the Guest are non-refundable.
Pay Pal will collect and pay into the Host’s account the Total Fees from Guests at the time of the booking as further described in the PP Payment Terms..
9.3 Bookings and Financial Terms for Guests
The Hosts, not BednBoats, are solely responsible for honouring any bookings and making available any Accommodations reserved through the Site, Application and Services. If you, as a Guest, choose to book an Accommodation, you agree and understand that you are entering into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation imposed by the Host. You acknowledge and agree that you, and not BednBoats, will be responsible for performing the obligations of any such agreements, that BednBoats is not a party to such agreements, and that BednBoats disclaims all liability arising from or related to any such agreements. The Total Fees payable will be displayed to a Guest on the booking and to the Host in the confirmation mail. Upon receipt of your reservation, Pay Pal shall immediately charge a nominal amount to your Payment Method pursuant to the PP Payment Terms. You as a Guest agree to pay the Total Fees for any reservation you made in connection with your BednBoats Account. Pay Pal will collect the Total Fees pursuant to the PP Payment Terms. Once your booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
9.4 Service Fees and Other Fees
In consideration for the use of BednBoats’s online marketplace and platform, BednBoats charges Service Fees. Pay Pal collects these Service Fees pursuant to the PP Payment Terms. Pay Pal deducts the Host Fees from the Accommodation Fees before remitting the balance to the Host as described in the PP Payment Terms. Guest Fees are, as noted above, included in the Total Fees. More information on any such costs or deductions will be available via the Site and Application. Except as otherwise provided herein, Service Fees are non-refundable.
10. General Booking and Financial Terms
10.1 Cancellations and Refunds
If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation, it being understood that only the Host – and not BednBoat – will be able to refund the Accommodation Fees and other amounts charged to you in accordance with the terms of the applicable cancellation policy. Details regarding refunds through Pay Pal and cancellation policies are available via the Site and Application. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host. Pay Pal will initiate any refunds due pursuant to the PP Payment Terms. If a Host cancels a confirmed booking made via the Site, Services, and Application, the latter shall immediately refund the Total Fees paid by the Guest, without prejudice to the latter’s right to claim for any further damage. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from BednBoats, please contact BednBoats. If, as a Host, you cancel a confirmed booking, you agree that BednBoats may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
11.1 Tax information
Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from pay-outs to Hosts, or both. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you we reserve the right in our sole discretion to freeze all pay-outs to you until resolution, to withhold such amounts as required by law, or to do both. You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. BednBoats cannot and does not
offer Tax-related advice to any Members. You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Accommodation is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of accommodations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or Accommodation Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” or “tourist taxes” (hereafter, “Occupancy Taxes”).
Hosts and Guests remain solely responsible and liable for the payment and remittance of any and all taxes that may apply to Accommodations; you agree and understand that BednBoats is not responsible for, and will not send any such Occupancy Taxes to the Tax Authority. You hereby agree that through third party payment processors, BednBoats is merely processing Your election and direction to have Occupancy Taxes from Guests sent directly to the Host for remittance by the Host to the Tax Authority, and that You will remit all amounts collected from Guests as Occupancy Taxes to such Tax Authority. You expressly agree to release, defend, indemnify, and hold BednBoats and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation of, collection of Occupancy Taxes in any amount or at all as to your transactions or Accommodations.
11.2 Miscellaneous Occupancy Tax Provisions
Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Accommodations.
12. Damage to Accommodations and Security Deposits
As a Guest, you are responsible for leaving the Accommodation in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation. In the event that a Host claims otherwise and provides evidence of damage (“Damage Claim”), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. Hosts may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. BednBoats is not responsible for administering or accepting any Damage Claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard. If a Host wants to make a Damage Claim for a booking of an Accommodation within (24) hours from the Guest’s checkout notice of it shall be served to the Guest who shall be given forty eight (48) hours to respond. It is understood that the Host – not BednBoats – shall be exclusively responsible for the refund, in whole or in part, of the Security Deposit to the Guest.
13. Overstaying without the Host’s Consent
Guests agree that a confirmed booking is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed booking and in accordance with the Guest’s agreement with the Host. Guests further agree to leave the Accommodation no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between the Host and Guest. If a Guest stays past the agreed upon checkout time without the Host’s consent, they no longer have a license to stay in the Listing and the Host is entitled to make the Guest leave. In addition, Guests agree that the Host can charge the Guest, for each 24 hour period that the Guest stays over the agreed period without the Host’s consent, an additional nightly fee of two times the average nightly Accommodation Fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes ??, and any legal expenses incurred by the Host to make the Guest leave (collectively, “Additional Sums”). Pay Pal will collect Additional Sums from Guests pursuant to the PP Payment Terms.
14. User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies BednBoats endorsement, partnership or otherwise misleads others as to your affiliation with BednBoats;
- dilute, tarnish or otherwise harm the BednBoats brand in any way, including through unauthorized use of Collective Content, registering and/or using BednBoats or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to BednBoats domains, trademarks, taglines, promotional campaigns or Collective Content
- copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of BednBoats or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an BednBoats Guest or Host;
- offer, as a Host, any Accommodation that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
- offer, as a Host, any Accommodation that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party;
- register for more than one BednBoats Account or register for a BednBoats Account on behalf of an individual other than yourself;
- unless Bednboats explicitly permits otherwise, request or book a stay at any Accommodation if you will not actually be staying at the Accommodation yourself;
- contact another Member for any purpose other than asking a question related to a Booking, Accommodation, Listing, or the Member’s use of the Site, Application and Services;
- recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to BednBoats, without BednBoats’s prior written approval;
- recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a Host or Guest and then complete a booking of an Accommodation independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to BednBoats’s provision of the Services or for any other reasons;
- as a Host, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
- violate these Terms or BednBoats’s then-current terms or standards as amended and or integrated from time to time;
- engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of our Platform, Application, or Services;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, BednBoats’s name, any BednBoats trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without BednBoats’s express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, BednBoats’s computer systems, or the technical delivery systems of BednBoats’s providers;
- attempt to probe, scan, or test the vulnerability of any BednBoats system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by BednBoats or any of BednBoats’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
- advocate, encourage, or assist any third party in doing any of the foregoing; or
- accept or make a payment for Accommodation Fees outside Pay Pal or the other payment method possibly made available by BednBoats through the Site or the Application. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold BednBoats harmless from any liability for such payment.
BednBoats has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, BednBoats may take a range of actions against you, including but not limited to deactivating or canceling your Listing(s) or BednBoats Account, for a violation of this Section or these Terms. BednBoats may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against BednBoats or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of BednBoats, its users, or members of the public. You acknowledge that BednBoats has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. BednBoats reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that BednBoats, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
15. Reporting Misconduct
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to BednBoats by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
17. Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of BednBoats and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Bednboats used on or in connection with the Site, Application, Services, and BednBoats Content are trademarks or registered trademarks of BednBoats in BVI and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and BednBoats Content are used for identification purposes only and may be the property of their respective owners. As a Host, Guest, or Member, you understand and agree that you are bound by the additional Terms and Policies that may apply from time to time to your use of the Site, Application, Services and Collective Content.
18. Additional Terms
Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
19. Application License
Subject to your compliance with these Terms, BednBoats grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. BednBoats reserves all rights in the Application not expressly granted to you by these Terms.
20.BednBoats Content and Member Content License
Subject to your compliance with these Terms as from time to time amended and integrated including through the provision of some specific policies and guidelines, BednBoats grants you a limited, non-exclusive, non-transferable license, to (i) access and view any BednBoats Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by BednBoats or its licensors, except for the licenses and rights expressly granted in these Terms.
21. Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through BednBoats promotional campaigns, you hereby grant to BednBoats a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. BednBoats does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through BednBoats promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through BednBoats promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to BednBoats the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or BednBoats’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or BednBoats promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of BednBoats and you hereby irrevocably assign to BednBoats and agree to irrevocably assign to BednBoats all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At BednBoats’s request and expense, you will execute documents and take such further acts as BednBoats may reasonably request to assist BednBoats to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
24. Copyright Policy
BednBoats respects copyright law and expects its users to do the same. It is BednBoats’s policy to terminate in appropriate circumstances the BednBoats Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
25. Term and Termination, Suspension and Other Measures
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or BednBoats terminate the Agreement as described below.
25.2 Termination for convenience
You may terminate this Agreement at any time via the “Cancel Account” feature on the Site or by sending us an email. If you cancel your BednBoats Account as a Host, any confirmed bookings will be automatically cancelled and your Guests will receive a full refund. If you cancel your BednBoats Account as a Guest, any confirmed booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy. Without limiting our rights specified below, BednBoats may terminate this Agreement for convenience at any time by giving you 30 days’ notice via email to your registered email address.
25.3 Termination for breach, suspension and other measures
BednBoats may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, out-dated or incomplete information during the BednBoats Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) BednBoats believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, BednBoats or third parties, for fraud prevention, risk assessment, security or investigation purposes. In addition BednBoats may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed bookings, limit your use of or access to your BednBoats Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your BednBoats Account, or temporarily or permanently suspend your BednBoats Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Hosts or Guests, or (ii) BednBoats believes in good faith that such action is reasonably necessary to protect the safety or property of Members, BednBoats or third parties, for fraud prevention, risk assessment, security or investigation purposes. In case of non-material breaches and where appropriate, you will be given notice of any measure by BednBoats and an opportunity to resolve the issue to BednBoats’s reasonable satisfaction.
If we take any of the measures described above we may (i) communicate to your Guests or Hosts that a pending or confirmed booking has been cancelled, (ii) refund your Guests in full for any and all confirmed bookings, irrespective of pre-existing cancellation policies, (iii) support your Guests, on an exceptional basis, in finding potential alternative Accommodations, and (iv) you will not be entitled to any compensation for confirmed bookings that were cancelled. If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your BednBoats Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your BednBoats Account has been suspended or this Agreement has been terminated by us, you may not register a new BednBoats Account or attempt to access and use the Site, Application and Services through other BednBoats Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT BEDNBOATS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE. THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BEDNBOATS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BEDNBOATS MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BEDNBOATS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, HOSTS, GUESTS, YOUR ACCRUAL OF BEDNBOATS TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION AND SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BEDNBOATS OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT BEDNBOATS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. BEDNBOATS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY BEDNBOATS. BEDNBOATS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
27. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE, APPLICATION AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF BEDNBOATS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER BEDNBOATS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEDNBOATS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE BEDNBOATS HOST GUARANTEE, IN NO EVENT WILL BEDNBOATS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION. IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY BEDNBOATS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR 100 EUR (ONE HUNDRED EUR) IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BEDNBOATS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold BednBoats and its affiliates and subsidiaries, if any, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Accommodation.
29. Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
You acknowledge and agree that (i) these Terms are concluded between you and BednBoats only, and not Apple, and (ii) BednBoats, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between BednBoats and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of BednBoats.
You and BednBoats acknowledge that, as between BednBoats and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and BednBoats acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between BednBoats and Apple, BednBoats, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and BednBoats acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
30. Entire Agreement
Except as they may be supplemented by additional BednBoats policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between BednBoats and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Accommodations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between BednBoats and you regarding bookings or listings of Accommodations, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without BednBoats’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. BednBoats may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by BednBoats (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
33. Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of British Virgin Island, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Tortola for any actions for which the parties retain the right to seek 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, as set forth in the Dispute Resolution provision below.
34. Dispute Resolution
You and BednBoats agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek 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 acknowledge and agree that you and BednBoats are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and BednBoats otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. The arbitration shall take place in London.
35. Arbitration Rules and Governing Law.
This agreement to arbitrate evidences a transaction in interstate commerce, and thus the British Virgin Island Arbitration Act 2013 governs the interpretation and enforcement of this provision. The arbitration will be administered by the British Virgin Island International Arbitration Centre (“BVI IAC”) in accordance with the British Virgin Island Arbitration Act 2013 (the “BVI IAC Rules”)
The failure of BednBoats to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of BednBoats. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third party beneficiary These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If you have any questions about these Terms or any App Store Sourced Application, please contact BednBoats.
BednBoats Inc., Overseas Management Company Trust LTD – OMC Chambers, Wickhams Cay 1, Road Town, Tortola, British Virgin Island.