“Company” refers to the head company that owns and runs Aqua BnB – Mancer Corp Pty Ltd
“Boat” refers to any vessel type being listed or discussed for the use of hosting guests.
“Owner” refers to the owner (or their appointed representative) of a Boat.
“Guest(s)” refers to the person(s) requesting to book a Boat its owner.
“The Aqua BnB platform” refers to this website and any other websites or applications for mobile devices through which the business can provide its services.
“Crew” refers to any crew aboard which will be provided to offer their services and assistance, if this option is supplied.
“User” refers to any person who uses the Aqua BnB platform, including but not limited to the hosts and the guests.
“Member” refers to any person who completes the Aqua BnB account registration process, including but not limited to owners and guests.
“Member Content” refers to all content of a Member, whether they have been provided by the Member himself/herself or have been obtained by any SNS (Social Network Sites)
“Booking Request Period” refers to the time period commencing from the moment the booking is requested by the guest, to the moment the owner decides whether to confirm or decline the booking. When the Owner creates a listing of their Boat, from that point onwards, they can choose between one of the two following options:
- The ability to enable the instant booking feature; or
- The ability to respond to a booking request once submitted.
“Cleaning Fee” refers to the amount that the owner charges in order to cover the cleaning costs of the Boat after the guest’s departure.
“Service Fee” refer to the fees that the Company charges an Owner for the use of the Aqua BnB platform, which is calculated as a percentage of the applicable Boat Fees and, where applicable, all other fees costs and charges. The Service Fee will be displayed to the Owner when he/she is asked whether to confirm or decline a booking request from a prospective Guest.
“Service Fees” collectively refer to the Service Fee, plus any taxes where applicable.
“Total fees” collectively refer to the Boat Fees, guest fees, cleaning fee and, where applicable, the different Terminal Marina Fees, Fuel and Mooring Fees and/or APA Fee plus VAT.
‘’Owner Payout’’ refers to the amount of money the owner will receive for a Cruise. It includes the Boat Fees and, where applicable, the Cleaning Fee, Different Terminal Marina Fees, Fuel and Mooring Fees and/or the APA Fee (excluding Service Fee and any applicable Taxes in respect of the Service Fee).
“SNS” refers to Social Network Services such as but limited to Facebook, Google, Twitter etc.
Terms of Service
The use of the Aqua BnB online platform (hereinafter called “the Aqua BnB platform”), regardless if it is through a website or an application for a mobile device, deems that you have read, understood and accepted the following Terms of Service (hereinafter called “Terms”), along with any other information supplied by Aqua BnB LIMITED (hereinafter called “Company”). Please, read the following Terms carefully as they contain important information affecting your legal rights, remedies and obligations. Moreover, these Terms include various clauses such as: limitations and exclusions, obligations to comply with applicable laws and regulations of the country that you exploit your Boat or booking a Boat in, and a clause that governs the jurisdiction as well as the venue of dispute.
These Terms apply to all Users of the Aqua BnB platform whether they are registered members or not and constitute a legally binding agreement between the Users and the Company. If you do not agree to these Terms, you have no right to obtain information from the Aqua BnB platform or otherwise continue using the Aqua BnB platform. Failure to use the Aqua BnB platform in accordance to these Terms may entail civil and criminal penalties.
Specifically, the Company provides an online platform connecting owners who exploit their Boats with their captain and, where applicable, crew (thereafter called “Owners”), and people who want to booking a Boat and sail (thereafter called “Guests”). Guests, through the use of the Aqua BnB platform, can obtain information regarding Boat bookings from Owners. Guests can book their Boat directly with the Owners. All Users understand and agree that the Company is neither a party to any agreement between them, nor a shipbroker, agent or insurer. The Company has no control over the conduct of the Users of the Aqua BnB platform and disclaims all liability in this regard to the maximum extent permitted by law.
How the Aqua BnB platform works
As it is stated above, the Company has created an online platform, i.e. an online marketplace, which connects Guests and Owners in order for them to meet online and arrange a Boat booking. Boat owners can create an account on this online platform and Guests can see the Boats available for booking. If a Guest wants to booking a Boat and an Owner wants to offer this booking, they must both register for a Aqua BnB Account first. It is highlighted that the Company is not the Owner, neither the operator of the Boats, nor the provider of the Boats and does not own, sell, resell, booking, manage and/or control them, although, this does not limit the Company to do so. Unless explicitly specified otherwise in the Aqua BnB platform, the Company’s responsibilities are limited to: (a) facilitating the availability of the Aqua BnB platform and (b) serving as the limited payment collection agent of each Owner for the purpose of accepting payments from Guests on behalf of the Owners.
It is highlighted that, as stated above, the Aqua BnB platform is intended to facilitate the connection between owners and guests with the aim of booking a Boat booking directly with one another’ THE COMPANY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY BOAT BOOKING. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BOAT BOOKING. THUS, ANY BOAT booking WILL BE MADE OR ACCEPTED AT THE USER’S OWN RISK.
Aqua BnB Account-Profile
You have to create an account/profile (“Aqua BnB Account”) and become a Member in order to access certain features of the Aqua BnB platform, specifically in order to booking a Boat or create a Listing. You may register to join the Aqua BnB platform directly via its site www.Aqua BnB.com, its application “Aqua BnB” or as described in this section below.
Your Aqua BnB Account and Aqua BnB Account profile page will be created for your use of the Aqua BnB platform, based upon the personal information you provide to the Company or the information obtained via a Social Network Site (SNS) as described below. You can have only one (1) active Aqua BnB 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. The Company reserves the right to suspend or terminate your Aqua BnB Account and your access to the Aqua BnB platform if you create more than one (1) Aqua BnB Accounts, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, out-dated and/or incomplete. 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 Aqua BnB Account, whether or not you have authorized such activities or actions. You shall immediately notify the Company of any unauthorized use of your Aqua BnB Account.
You can also register for your Aqua BnB Account with certain third-party SNS (including, but not limited to, Facebook; now called a “Third-Party Account”). As part of the functionality of the Aqua BnB platform, you may link your Aqua BnB Account with Third-Party Accounts, by either:
- providing your Third-Party Account login information to the Company through the Aqua BnB platform; or
- allowing the Company to have access to your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You agree that you are willing to disclose your Third-Party Account information to the Company and/or grant the Company access to your Third-Party Account (including, but not limited to, the use for the purposes described herein), without being in breach of any terms and conditions that govern your use of the applicable Third-Party Account; and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such third-party service providers. By granting to the Company access to any Third-Party Accounts, you understand that the Company 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 the Aqua BnB platform via your Aqua BnB Account and Aqua BnB 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, personal identifiable information, that you post to your Third-Party Accounts, may be available on your Aqua BnB Account. Please note that if a Third-Party Account or associated service becomes unavailable or the Company’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on the Aqua BnB platform. You have the ability to disable the connection between your Aqua BnB Account and your Third-Party Accounts, at any time. Note that your relationship with the Third-Party services providers associated with your Third-Party accounts is governed solely by your agreements with such Third-Party service providers. The Company does not undertake the reviewing of any SNS Content for any purpose, including but not limited to accuracy, legality or non-infringement and the Company is not responsible for any SNS Content.
As an Owner, when you have registered and have become a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Boat to be listed. Listings will be made publicly available via the Aqua BnB platform. Guests will be able to booking a Boat via the Aqua BnB platform, based upon the information provided in your Listings. You understand and agree that once a Guest requests to booking your Boat, you may not ask the Guest to pay a higher price than the one in the booking request. This price includes the Boat Fees (Boat booking price), and where applicable, if you, as an Owner, decide to make available in your Listing/s for Guests, the Cleaning fee plus any other applicable costs. This price does not include marina and / or mooring expenses (such as electricity, water etc) in ports, port taxes and/or other fees if they were not stated before the booking request was made.
If you are an Owner, you understand and agree that the Company does not act as an insurer or as your contracting agent. If a Guest requests a Boat booking and you agree to that, any agreement you enter into is “Strictly between you (owner) and the guest. The Company is not a part of it. Notwithstanding the foregoing, the Company serves as the limited authorized payment collection agent of the Owner for the purpose of accepting, on behalf of the Owner, payments from Guests of such amounts stipulated by the Owner (excluding fuel, marina and mooring expenses in ports, port taxes and other fees, except if Guests have paid the Cleaning Fee, Different Terminal Marina Fees, the Fuel and Mooring Fees and/or APA Fee).
When you create a Listing, you may also choose to include certain requirements which must be met by the Guests who are eligible to request a Boat booking. If an Owner wants any additional requirements, the Guests must comply with them if they intend to booking that Boat.
As an Owner, you acknowledge and agree that you are responsible for your own acts and omissions and you are also responsible for the acts and omissions of any individuals who are present on the Boat at your request or invitation, included but not limited to Captain and Crew, excluding the Guest (and the individuals the Guest invites to the Boat, if applicable).
The Company highlights that in different countries the marine insurance and in general the maritime law differs. As an Owner you have to comply with all standards of insurance and marine law which is enforced in your Boat’s registry country and / or the applicable region where the boat is located. The Company is not liable for any act or omission of Owners and can neither know nor check if an Owner meets these standards.
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 Listings you post, the booking of and in general the Boat booking to a Guest:
- will not breach any agreements you have entered into with any third parties and
- will (i) be in compliance with all applicable laws of your country and (ii) not conflict with the rights of third parties.
Please note that the Company assumes no responsibility for an Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. The Company reserves the right, at any time and without prior notice, to remove or disable access to any Listings for any reason, including Listings that the Company, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Aqua BnB platform.
By using the Aqua BnB platform, 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 the Company with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Aqua BnB platform regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Owner against the Company regarding the remittance of payments received from a Guest by the Company on behalf of an Owner, which instead shall be subject to the limitations described in the section below with title “Limitation of Liability”.
Booking – Payments
General for Users
The use of the Aqua BnB platform charges the Service Fees. As it has been explained above, Service Fees collectively refer to the Service Fee, plus any taxes where applicable to the Guest and / or Owner (such as, but not limited to, VAT in Europe, GST in Australia etc.). Unless otherwise stated in these Terms, Service Fees are non-refundable.
Bookings and Payments for Owners
As an Owner, you may have an outstanding balance (whether as a result of your bookings or actions as a Guest or otherwise), then the Company may (but is not obliged to) withhold any amount owed to the Company from any amounts payable to you as an Owner, and use the withheld amount to set off the amount owed by you to the Company.
If the Company does so, then your obligation to pay the Company will be fulfilled to the extent of the amount withheld by it. In addition, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other Third-Party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone declared by the Owner of the Company. Such communication may be made by the Company or by anyone on its behalf, including but not limited to a Third-Party collection agent.
Each Owner hereby appoints the Company as the Owner’s limited payment collection agent solely for the purpose of accepting the Service Fees and, where applicable, plus all other fees applicable from Guests. Specifically, each Owner agrees that the payment made by a Guest through the Aqua BnB platform shall be considered the same as a payment made directly to the Owner, and the Owner will make the Boat booking available to the Guest in the agreed-upon manner as if the Owner has received the Boat Fees and, where applicable, the Cleaning Fee, plus all other applicable costs. Each Owner agrees that the Company may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing:
- permit the Guest to cancel the booking and
- refund to the Guest that portion of the Boat Fees and, where applicable, the Cleaning Fee, the Different Terminal Marina Fees,the Fuel and Mooring Fees and/or APA Fee specified in the chosen cancellation policy.
Each Owner understands that the Company accepts payments from the Guests as the Owner’s limited payment collection agent and that the Company’s obligation to pay the Owner is subject to and conditional upon successful receipt of the associated payments from the Guests. The Company does not guarantee payments to Owners for amounts that have not been successfully received from Guests. In accepting that the company is appointed as the limited authorized agent of the Owners, the Company assumes no liability for any acts or omissions of the Owner.
Please note that the Company does not currently charge fees for the creation of Listings. However, you as an Owner acknowledge and agree that the Company reserves the right, at its sole discretion, to charge you for, and collect fees from you for the creation of Listings. Please note that the Company will provide notice of any Listing fee collection via the Aqua BnB platform, prior to implementing such future Listing fee.
Booking and Payments for Guests
It has to be highlighted that the Owner, not the Company, is solely responsible for honoring any confirmed bookings and making the reserved Boat booking available through the Aqua BnB platform. If you, as a Guest, choose to enter into a transactional agreement with an Owner for the booking of a Boat, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, regulations and restrictions associated with the booking imposed by the Owner. You acknowledge and agree that you, and not the Company, will be responsible for performing the obligations of any such agreements, that the Company is not a party to such agreements, and that, with the exception of its payment obligations hereunder, the Company disclaims any and all liability arising from or related to any such agreements.
You acknowledge and agree that, notwithstanding the fact that the Company is not a party to the agreement between you and the Owner, it acts as the Owner’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Owner. Upon your payment of the Total Fees to the Company, your payment obligation to the Owner for the Boat Fees and, where applicable, the Cleaning Fee, plus all other applicable costs is fulfilled, and the Company is responsible for remitting the Boat Fees (excluding the Service Fee and any Taxes in respect of the Service Fee, such as but not limited to VAT in Europe, GST in Australia etc.) and, where applicable, the Cleaning Fee, plus all other applicable costs in the manner described in these Terms. In the event that the Company does not remit any such amounts, as described in these Terms, this Owner will have recourse only against the Company.
The Total Fees payable will be displayed to the Guest before they send a booking request to an Owner. As noted above, the Owner is required to either confirm or decline the booking request, otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled, any amounts collected by the Company will be refunded to such a Guest, depending on the selections the Guest makes via the Aqua BnB platform, and any pre-authorization of such a Guest’s credit card will be released, if applicable.
You agree to pay to the Company the Total Fees for any booking requested in connection with your Aqua BnB Account if such requested bookings are confirmed by the applicable Owner. In order to establish a booking, pending the applicable Owner’s confirmation of your requested booking, you understand and agree that the Company, on behalf of the Owner, reserves the right, at its sole discretion, either to obtain a pre-authorization via your selected method of payment for the Total Fees or charge your account a nominal amount, not to exceed one euro (1€), or a similar sum in the currency in which you are transacting to verify your account. As a general rule, the Company may collect the Total Fees due once it receives confirmation of your booking from the applicable Owner, or, if necessary, Total Fees may instead be collected at a later point. Please note that the Company cannot control any fees that may be charged to a Guest by their bank related to the Company’s collection of the Total Fees, and it disclaims all liability in this regard.
Method of Payment
The company engages approved secure third-party payment systems and no credit card information is collected or stored.
If any additional costs are or may be payable by any Guest at the completion of any booking period, they must be outlined in the listed boat’s terms and conditions. The guest(s) are then liable for these costs to be paid directly to the Boat Owner.
All Owners have the option to include a security deposit in their Listings. However, this must be added before the booking request period commences – no service fee is applicable to any Security Deposit paid.. The Guest, through the Owner’s Listings, must be informed about the sum of the security deposit. The Owner has 48 hours from the determined check-out, or before a new Guest checks-in, whichever is earlier, to make a claim on the security deposit through the Aqua BnB platform, if any damage on the Boat, or damage or loss of any item of the Boat equipment is evident.
Communication through email is required in order to collect needed documentation from the Owners, which will include photos and/or video along with receipts, invoices, written estimates, or links to comparable items denoting actual cash value for repair or replacement. If the Company determines that money is owed based on documentation and communication from both parties, the Company will move forward with collecting money from the security deposit. The Company reserves the right to collect payments from you using the payment details which are on file.
Each Owner is responsible in outlining their own particular cancellation policies and outline them in each boat listing within their account dashboard.
In order for any cancellation to be considered, the owner has to inform the Company as soon as possible and provide it with proper and valid documentation.
Moreover, if you, as an Owner, have already been paid by the Company, you agree that the Company is entitled to recover the specific refund amount, including Boat Fees and any other fees which have been applied) either from you or by subtracting such a refund amount from any future Boat Fees due to you.
It should be noted that if an owner cancels two (2) confirmed bookings of their Boat(s) within a time frame of four (4) months, and not because of extenuating circumstances such as due to COVID-19, then the company, at its sole discretion, may suspend their Aqua BnB account. Furthermore, if this owner repeats this offence after being suspended and cancels a confirmed booking again, within a time frame of four (4) months, and it is not because of extenuating circumstances, then the Company, at its sole discretion, has the right to terminate their Aqua BnB Account.
The Company reserves the right to its ability to issue the Guest partial or full refunds for the Boat Fees. This may happen in some circumstances which are defined below. Please note that they are indicative and not restrictive:
- The description of the Boat in the Listing on the Aqua BnB platform is materially inaccurate in respect to, but not limited to: the Boat is not the same as in the photos in the Owner’s Listing, the size of the Boat (e.g. number and size of cabins, toilets) and special amenities or features represented in the Listing’s description are not provided or do not function;
- The Owner of the Boat cancels a reservation shortly before the scheduled start of the booking or the Captain and, where applicable, the Crew are not in the arranged port/marina on time; and
- at the start of the Guest’s reservation, the Boat: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s voyage according to the Company’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Guest’s use.
If something from the above happens to a Guest, they may submit a claim to the Company. Then the Company, strictly at its sole discretion, may refund the Boat Fees in part or in full. However, the Guest first must comply with the following:
- The Guest must inform the Company in writing and provide it with information (including photographs or other evidence) about the Boat and the circumstances of the problem within 24 hours after the start of their booking for refund requests for over 50% of the Boat Fees. Otherwise, refund requests for up to 49% of the Boat Fees can be requested until 48 hours from the predetermined check-out date. In both cases, the Guest must respond to any requests by the Company for additional information or co-operation.
- The Guest must have made reasonable efforts to try to remedy the circumstances with the Owner or the Captain of the booked Boat prior to making a claim to the Company and
- The Guest must not have indirectly or directly caused these circumstances (through their action, omission or negligence).
Then the Company, at its sole discretion, may reimburse the guest’s Boat fees in part or in full depending on the nature of the issue. Whatever the company determines, including but not limited to the size of the refund, is final and binding for both Owners and Guests.
If the additional fees have been paid but the Guest(s) decide to check-out early, then the Guest(s) may request a refund of the difference, but dependant on each particular scenario is not entitled to such re-imbursements.
The Guests cannot request a refund after 48 hours of their check-out. At that point, the Company and the relevant Owner and Guest will cease to be liable for any such refunds.
Currency conversion rate
The Aqua BnB platform is an international online platform and as such, Owners and Guests may not use the same currency. In these circumstances, foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. Currency conversion rates will vary from time to time. For this reason the prices on the Aqua BnB platform might vary when the currency is not in Euro. So, if the Owner and the Guest use different currencies, then the Company may impose an additional 3% fee on the payable amount, as a foreign currency processing cost, except any additional charges, if applicable, to cover third- party payment processors’ exchange charges.
Onboard Crew / Personel
Any onboard personnel will have a nominated ‘captain’ and in the event of only one person on board they will be automatically considered to be “the captain”.
The Captain and/or additional crew of the booked Boat is responsible for the Crew, the Guests and the Boat’s safety.
Guest Passports/Visas/Country access
You, as a Guest, have to ensure that you are updated with general information relating to passport, visa and health requirements for the destinations which you are going to visit. Moreover, all Guests must have identity documents with them during the stay. Also, you have to ensure that all Guests’ names that you provide in your booking are the same as the names on the relevant identity documents. Failure to do so may cause the cancellation of the booking. Furthermore, an unreasonable delay(s) in notifying the Company for any apparent discrepancies in the confirmed arrangements, you, the Guest will be solely responsible for any delays in your departure.
Capacity of the Boat
Each Boat has a maximum capacity, as described in the Listings. It is the Guests’ responsibility to ensure that the number of Guests does not exceed this capacity at any time. The Captain has to inform the Guests, but in the end, the Captain is not liable for any loss, damage or costs incurred as a result of the Guests’ failure to comply with this or with any other reasonable instruction from the Captain.
All Guests shall not, at any time during their stay, permit anyone, other than the listed Guests, aboard the Boat. As an exception, a reasonable number of visitors could be on board the Boat, however such an exception will be allowed at the sole discretion of the Captain/Owner.
All Guests shall use the Boat exclusively as a pleasure vessel. Guests should not surrender the booked Boat to third parties, with or without payment. The booking is strictly between them and the Owner. You, as a Guest, shall ensure that no pets or other animals are brought on board the Boat without prior advice to and consent of the Owner. Furthermore, it has to be ensured that the behavior of all Guests shall not cause any nuisance to any person, including but not limited to the Captain or Owner of the Boat or surrounding vessels, or bring the Boat or the Owner into disrepute.
Guests shall comply with the laws and regulations of any country that the Boat resides. All items which Guests bring aboard the Boat, or may be brought aboard the Boat during their booking, are to be cleared with the local customs where necessary, if required by the laws and regulations of the relevant country.
If a Guest infringes any of these Terms, or undertakes any illegal activity whatsoever under the laws and regulations of the country in which the booking takes place, the Owner may, forthwith on notice to Guests, terminate their booking early and without a refund of any kind.
If a Guest commits any offence contrary to the laws and regulations of the country/region in which the booking takes place and this offence results in the results in the Crew’s or Captain’s detention, fine or imprisonment, the Boat’s arrest, seizure or fine, then the Guest shall indemnify the Owner, the Captain and, if applicable, the Crew against any and all losses, damages or expenses incurred by them as a result.
If children are aboard, their legal guardians are fully responsible for their safety, conduct and entertainment during the stay. Guests who have children or Guests who intend to be onboard with children have to inform the Owners, before their arrival, in order for Owners to be able to provide all the required safety equipment for the children. Moreover, the Captain and Crew will inform these Guests about all safety procedures on-board, however, the children’s legal guardians who are onboard as Guests or with Guests, accept responsibility for the behavior and safety of all the children they are accompanying. Furthermore, the Captain and Crew will inform these Guests for all safety procedures on-board, however you accept responsibility for the behavior and safety of all children who are Guests for the purpose of your booking.
By accepting these Terms, you warrant that the medical fitness of all Guests is appropriate for the booking in respect to the booking that is made. The nature of a Boat booking may render it unsuitable for anybody with a physical disability or undergoing medical treatment. It will also be your responsibility to ensure that all Guests will be able to comply with all health requirements for the destination concerned.
Most of the Boats on the Aqua BnB platform are located in marinas or small ports in coastal towns and villages. In some areas the access via public transportation is rare or not available and driveways may be narrow, twisting, and steep or have roads that are under construction. You must be aware that public transportation and/or roads may be of a varying standard. The Company cannot check where the Boat is moored and how you can access the specific marina/port. The Owner has to provide the Guest with all necessary details, the Captain’s contact details, the exact dock location within the marina/port where the booked Boat is moored and/or how you can gain access to it.
It is the Guests’ responsibility to ensure that they arrive at the Boat, at the time and date outlined in their booking. In the event that Guests are not able to arrive by the time and date outlined in their booking, it is their responsibility to contact the Captain of the Boat and arrange plans accordingly. If this happens, the Guests and the Captain will make alternative arrangements and agree on a new itinerary, if it is necessary.
Each Owner must insensure the boat is insured in accordance with the relevant legal requirements of the country in which the Boat shall reside. The amount covered by the type of insurance per Boat depends on each country’s legislation, the Boat’s size & the Boat type.
However, every Owner must insure the Boater for at least for:
- third party liability for death, personal injury of guests and third parties caused by collision, shipwreck or any other causes;
- third party liability for material damage to guests and third parties caused by collision, shipwreck or any other causes; and
- marine pollution.
Personal property of passengers is not covered by insurance and any damage incurred due to gross negligence, or with plain intention by the Guest, shall not be subject to insurance compensation.
The Company should comply with Australian tax regulations and all Users have to comply with their country’s tax regulations. The laws in different jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the booking-price. Some tax regulations may require the Company to collect appropriate tax information from Owners, or to withhold taxes from payments to Owners, or both. Owners are solely responsible for keeping the information in their tax forms current, complete and accurate. If an Owner fails to provide the Company with any documentation that it determines to be sufficient to alleviate its obligation (if such obligation exists) to withhold taxes from payments to the Owner, the Company reserves the right, at its sole discretion, to freeze all payments to this Owner until a resolution is found, or to withhold such amounts as required by law, or to do both.
If you are an Owner, from now on, you understand and agree that you are solely responsible for determining (a) your applicable tax reporting requirements, and (b) the taxes that should be included in relevant listings. You are also solely responsible for remitting to the relevant authority any taxes included or received by you. The Company cannot and does not offer tax-related advice to any Member.
As it has been stated above, Member Content is all content of a Member, whether it has been obtained by a SNS or it has been provided by the Member themselves. All Members acknowledge and agree that they are solely responsible for their content which is made available through the Aqua BnB platform. Furthermore, Members represent and warrant that:
- All Members should be the sole and exclusive owners of all Member Content that they make available through the Aqua BnB platform or they must have all rights, licenses, consents and releases that are necessary to grant these rights of such Member Content to the Company, as described under these Terms; and
- All Members’ uploading, posting and publishing should not infringe, misappropriate or violate any 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.
Moreover, Members agree that when any Member Content is made available through the Aqua BnB platform this automatically grants the Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content so as to promote or market the Aqua BnB platform. The Company does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights of its Members that may have to use and exploit any such Member Content.
Cancellation of User’s Aqua BnB Account
The Company may, at its sole discretion, decide to limit, suspend, deactivate or cancel any User’s Account, at any time and without prior notice. The Company may proceed with the limitation, suspension, deactivation or cancellation of the User’s Account, only if it suspects that a User breaches any of the limitations, Terms of Service or is incompatible with fair practice and principles of morality. The Company does not have any obligation to give prior explanation or notification to the User. If the Company suspects any of the above then:
- the User’s Aqua BnB Account will be deactivated or suspended, their password will be disabled, and the User will not be able to access their Aqua BnB Account and Member Content;
- any pending or accepted future bookings either as an Owner or a Guest will be immediately terminated;
- the Company may contact the User, Owner or Guest, stating that a potential or confirmed Boat booking has been cancelled;
- the Company may refund the Guest(s) in full for all confirmed reservations, irrespective of pre-existing cancellation policies;
- the Company may contact your Guests to inform them about potential alternative Boat bookings with other Owners that may be available on the Aqua BnB platform; and
- this User will not be entitled to any compensation for any Boat bookings (even if confirmed), if the Company has cancelled a booking as a result of a suspension, deactivation or termination of the specific User’s Aqua BnB Account.
Moreover, any User may delete their Aqua BnB Account at any time via the Aqua BnB platform or by sending an email to the Company. However, if you, as an Owner, either have booked reservations or have pending booking requests, you can neither cancel these specific listings nor delete your Aqua BnB Account. However, note that if a User cancels their Aqua BnB Account, the Company does not have an obligation to delete or return to them any Member Content which has already been posted to the Aqua BnB platform, including, but not limited to, feedback or reviews.
The Company welcomes all feedback, suggestions and comments, for improving the Aqua BnB platform. You can submit any Feedback either by sending an email to the Company or by any other means of communication available. Any feedback to the Company, automatically, becomes sole and exclusive property of the Company.
The Captain, Crew, the Owner and the Company, shall not be liable for, including but not limited to, unsuitable weather conditions, necessity for maintenance, situations which may be dictated by local circumstances and other circumstances beyond the control of the Owner and/or the Captain. Should any booking be cancelled de to unsuiatble weather conditions, a full refund will be provided by both the Company and Owner.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AQUA BNB PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE AQUA BNB PLATFORM, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
MOREOVER, YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THEAQUA BNB PLATFORM, YOUR LISTINGS OR BOOKINGS OF BOOKING BoatS VIA THE AQUA BNB PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE AQUA BNB PLATFORM WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE AQUA BNB PLATFORM 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 AQUA BNB PLATFORM, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE AQUA BNB PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE AQUA BNB PLATFORM OR FROM YOUR LISTING OR BOOKING OF ANY BOOKING OF BOAT VIA THE AQUA BNB PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY 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.
THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE AQUA BNB PLATFORM INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTINGS OR BOOKINGS OF ANY BOAT BOOKING VIA THE AQUA BNB PLATFORM, OR FROM THE USE OF OR INABILITY TO USE IT AND IN CONNECTION WITH ANY BOAT BOOKING OR INTERACTIONS WITH ANY OTHER MEMBERS WILL NOT EXTEND BEYOND THE COMPANY’S OBLIGATIONS TO PAY AMOUNTS TO OWNERS PURSUANT TO THESE TERMS. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR USER’S SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY SHALL CREATE A WARRANTY. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AQUA BNB PLATFORM OR ANY HYPERLINKED WEBSITE OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY CASE, THE COMPANY RESERVES THE EXCLUSIVE RIGHT TO PERMANENTLY OR TEMPORARILY INTERRUPT THE OPERATION OF ALL OR PART OF THE AQUA BNB PLATFORM WITH OR WITHOUT NOTICE TO USERS AND TO CHANGE THE NATURE OR THE CONTENT FOR MAINTENANCE, UPGRADES OR ANY OTHER REASONS.
ALL CONTENT CONTAINED HEREIN IS SUBJECT TO CHANGE AT ANY TIME, AT THE COMPANY’S SOLE DISCRETION AND WITHOUT PRIOR NOTICE. CHANGES, MODIFICATIONS, ADDITIONS OR DELETIONS TO THE POLICIES AND PROCEDURES SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE THEREOF, WHICH MAY BE GIVEN BY ANY MEANS INCLUDING, BUT NOT LIMITED TO, POSTING NEW POLICIES AND PROCEDURES ON THE Aqua BnB PLATFORM. ANY USE OF THE SITE AFTER SUCH CHANGE OR MODIFICATION SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES, MODIFICATIONS, ADDITIONS, OR DELETIONS. THE COMPANY MAY TERMINATE, CHANGE, SUSPEND OR DISCONTINUE ANY ASPECT OF THE AQUA BNB PLATFORM, INCLUDING THE AVAILABILITY OF ANY FEATURES OF THE SITE, AT ANY TIME. THE COMPANY MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OF THE SITE WITHOUT NOTICE OR LIABILITY.
As it has been highlighted above, the Company is an online platform and an online marketplace, which connects Owners and Guests. Owners and Guests enter into a contract agreement between themselves directly. So, from now on, all Users agree to release, defend, indemnify, and exclude the Company and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or in any way connected with:
- Users’/ Members’ access to or use of the Aqua BnB platform;
- Users’ violation of any term of these Terms of Service;
- Member Content;
- Users’ interaction with any other Member, booking of a Boat booking, creation of a Listing;
- the use, condition or booking of a Boat booking by a Member, 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 this Boat booking or booking of a Boat; and
- any violation of any Third Party right, including but without limitation of any copyright, property, or privacy right.
This defense and indemnification obligation is fully accepted by Users in order to use or continue to use the Aqua BnB platform.
Subject to your compliance with these Terms, the Company grants the User a limited non-exclusive, non-transferable license to download and install a copy of any Aqua BnB application on each mobile device that each User owns or controls and runs such a copy solely for the User’s personal use. Furthermore, with respect to any Third Party, every User will only use an Aqua BnB application as permitted by the corresponding “Usage Rules” set by this Third Party. The Company reserves all rights in its Aqua BnB application, even if not expressly granted to every User by these Terms.
Intellectual Property Rights
The design of the Aqua BnB platform along with the Aqua BnB created text, scripts, graphics, interactive features, fonts and the trademarks, service marks and logos contained therein, are owned by or licensed to the Company, subject to copyright and other intellectual property rights under Australian laws, foreign laws and international conventions. The Aqua BnB platform is provided to you ‘AS IS’ for your information and personal use only. The Company reserves all rights even if they are not expressly granted. You agree to not engage in the use, copying, or distribution of any of the Aqua BnB platform’s content other than expressly permitted herein, including any use, copying, or distribution of Third Parties obtained through the Aqua BnB platform for any commercial purposes.
Proprietary Rights Notices / Trademarks
All trademarks, service marks, logos, trade names and any other proprietary designations of the Company used herein are trademarks or registered trademarks of the Company. As the Aqua BnB platform can be used as a cross-platform application and on multiple devices, the use of all registered trademarks of Third Parties, as well as their logos, is subject to the permissions of each one of these Third Parties. Specifically:
- Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. iPhone is a trademark of Apple Inc.
- Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions.
- BlackBerry®, RIM®, Research In Motion®, and related trademarks, names and logos are the property of Research In Motion Limited.
- Windows Phone and its logo is a registered trademark of Microsoft Inc.
- Nokia, Nokia logo, S40, S60 and related trademarks are trademarks or registered trademarks of Nokia Corporation.
- Bada, Bada logo, Samsung, Samsung logo and related trademarks are trademarks or registered trademarks of Samsung Electronics Co.,Ltd.
All Users acknowledge and agree that all these Terms are between the Company and Users and not between them and Third Parties. However, without limiting any other terms of these Terms, all Users must comply with all applicable Third Party terms of agreement when using the Aqua BnB platform or when they have downloaded the Aqua BnB application from the relevant Third Parties. In the event of any failure of the relevant Third Party to provide any User with the Aqua BnB application, the only obligation of the Third Party to the User is to refund the purchased price, if it is not free.
The Aqua BnB platform is intended solely for those who are legally competent, or are authorized by their legal representative, otherwise any access to or use of the Aqua BnB platform is expressly prohibited. The access and use of the Aqua BnB platform represents and warrants that you are legally competent or authorized by your legal representative, otherwise you are liable for compensation. Furthermore, if a User acts on behalf of a company or other legal entity, he/she represents and warrants that he/she has the authority to bind that company or other legal entity to these Terms.
Adaptation / modification of these Terms and Conditions
The Company reserves the right, at its sole discretion, to modify its online platform or to modify these Terms, including the Service Fees, at any time and without prior notice. If this happens, the Users are bound by the modified Terms by continuing to access or use the Aqua BnB platform.
Liability from Advertising
The Company disclaims any responsibility regarding the content of advertising (any class and form) displayed on its online platform, regardless if it is on site or in application, as well as the communication of the User with Third Parties that are advertised on the Aqua BnB platform. Furthermore, the Company is not liable for any breach of contract or trade agreement between the User and the advertised Third Party.
Links to other Websites
The Aqua BnB platform, in any form which can be used, may contain links to other websites. The Company does not bear any responsibility or warrant the constant and safe accessibility to the links of the other websites. Therefore, for any problem arising during the visit and use of these links, the Company shall in no way be considered that it accepts or endorses the content or services of that link and other links which are referred to or linked to them in any way.
Violation of Terms
In any case of violation of these Terms, Users will be required to compensate for any incidental and/or consequential damage of Mancer Corp Pty Ltd. The non-exercise by the Company of its rights under these Terms does not imply a waiver of its rights thereto. Mancer Corp Pty Ltd expressly reserves the right to monitor the implementation of these Terms at its sole discretion.
Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties involved.
These Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and Users regarding bookings, and they constitute the entire and exclusive agreement.
Invalid or Unenforceable Term
If individual provisions of these Terms are or become invalid or incomplete, the contract as a whole and the other stipulations in these Terms shall remain in effect. The invalid or incomplete term will be replaced or completed by a valid one which comes closest to the meanings of the invalid or incomplete term.
No delay in the exercise or the non-exercise by the Company of any of the Company’s rights in connection with or under these Terms shall not operate as a waiver or release of that right.
In the Event of Merger, Sale, or Bankruptcy
In the event that the Company is acquired by or merged with a Third Party entity, it reserves the right to transfer or assign the information, which has been collected through the Aqua BnB platform, as part of such a merger, acquisition, sale, or other change of control. In the unlikely event of its bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, the Company may not be able to control how your personal information is treated, transferred, or used.
Contacting Aqua BnB
If you have any questions or concerns about these Terms and Conditions, please contact Aqua BnB.