1. TERMS OF USE AND ACCEPTANCE OF THE CONDITIONS OF USE
2. REGISTRATION
2.1 The Service.
2.2 Important Note on Use of the Services.
2.3 Owner Account Registration.
2.4 Renter Account Registration.
2.5 Users Profile.
3. LISTING AND BOOKING
3.1 Listing boats.
3.2 Representations of Owner.
3.3 Renting boats and booking.
3.3.1. The instant booking
3.3.2. The request to book
4. USERS RATING AND REVIEWS
4.1. Ratings and Comments
4.2. Right to Respond and Deletion
5. INSURANCE .
5.1 Owner’s Responsibility.
5.2 Claims Handling.
5.3 Insurance Policy.
5.4 Rental contract between the owner and the renter and inventory form.
5.5 Consequence.
6. LIABILITY
6.1. Renter's Liability.
6.1.1 Minor Damages
6.1.2 Major Damages
6.1.3 Boat Abandonment.
6.2 Owner Liability
6.2.1. Inspections and Preventive Maintenance
6.2.2. Responsibility for Mechanical Breakdowns
6.2.3. Compliance and Safety
6.2.4. boatUnity Disclaimer
7. OBLIGATIONS
7.1. Obligations of Users
7.1.1. Compliance and Legal Use
7.1.2. Accuracy of Information
7.1.3. User Account Management
7.1.4. Confidentiality and Security
7.1.5. Validation of Licenses and Qualifications
7.1.6. Compliance with Administrative and Health Procedures
7.1.7. Contracts and Inventories
7.1.8. Restriction on Sharing Contact Information
7.1.9. Consent to the Transmission of Personal Data
7.1.10. Use of Data by boatUnity
7.1.11. Valid Contact Information
7.2 Specific obligations of Owners
7.2.1. Boat Maintenance and Safety
7.2.2. Recalls and Safety Notices
7.2.3. Ownership and Registration
7.2.4. Vessel Compliance
7.2.5. Pricing and Transparency
7.2.6. Documentation and Insurance
7.2.7. Renter Verification
7.2.8. Contracts and Documentation
7.2.9. Social and Fiscal Obligations
7.2.10. Billing and Anti-Circumvention
7.3. Specific obligations of Renters
7.3.1. General Obligations
7.3.2. Bareboat Charter
7.3.3. Charter with Captain
7.4. boatUnity’s obligations
7.4.1. Ensuring Site Functionality
7.4.2. Responding to User Requests
7.4.3. Payment to Owners
7.4.4. Refunds to Renters
7.4.5. Documentation and Invoices
7.4.6. Security of Personal Information
8. PAYMENT TERMS
8.1. Rental Fees
8.1.1. Definition and Composition of Rental Fees
8.1.2. Payment Methods and Refund of Rental Fees
8.1.3. Use of Rental Fees
8.1.4. Modification of Rental Fees
8.2. Service Fees
8.2.1. Definition, Nature, and Collection Conditions of Service Fees
8.2.2. Information and Transparency of Service Fees
8.2.3. Modification of Service Fees
8.3. Commissions
8.3.1. Definition, Nature, and Calculation of Commissions
8.3.2. Responsibility and Due Date of Commissions
8.3.3. Information and Transparency of Commissions
8.3.4. Modification of Commissions
8.3.5. Payment to Owner
8.4. Payment
8.5. Non-Retained Security Deposit
8.5.1. Purpose and Terms of the Non-Retained Security Deposit
8.5.2. boatUnity Disclaimer
8.6. Taxes
8.7. Fraudulent Transactions
8.8. Owner Penalties
9. CANCELLATIONS AND REFUNDS
9.1. Cancellation for Force Majeure
9.2. Cancellation by the Owner
9.3. Cancellation by the Renter
9.3.1. If the boat does not match the listing
9.3.2. In case of breakdown during the rental
9.4. Cancellation by boatUnity
9.5. Mutual Termination Clause
9.6. Penalty Clause
9.7. Claim and Dispute Clause
10. USE OF THE WEBSITE, APP AND SERVICES
10.1. Restrictions on Use
10.2. Conduct Rules and Messaging Use
10.3. Behavior of Other Users and Handling Complaints
10.4. Circumvention Prohibition
10.5. Security and Reporting
10.6. Compliance with Laws and Regulations
11. LICENSE AND USER’S CONTENT TERMS
11.1. User Content
11.2. User Content License
11.3. End User License
11.4. Feedback
12. DISCLAIMER; LIMITATION OF LIABILITY
12.1. No Verification; Endorsement
12.2. Service Disclaimer
12.3. Limitation of Liability
12.4. Absence of Liability
12.5. Exclusion of Warranty
13. INDEMNITY
14. GENERAL TERMS
14.1. Termination
14.2. Availability and Updates
14.3. Security
14.4. Entire Agreement, Severability, No Waiver, and Governing Law
14.5. Contact
NAVIGATION SOLIDAIRE LIBERTALIA inc.
1. TERMS OF USE AND ACCEPTANCE OF THE CONDITIONS OF USE
Navigation Solidaire Libertalia inc. (« boatUnity »/ « we »/ « us »/ « our ») owns and opérates the website located at www.boatunity.com (the « website » / the « plateform ») and boatUnity application (« App ») for use of our proprietary plateform which enables registered owners (« owner »/ « owners » / « host » / »hosts » « captain »/ « captains ») to list recreational watercrafts and other similar vehicles (hereinafter referred to as « boat(s) ») available to rent or co-navigate by other users (« renters » « co-sailors »).
These terms of use apply to all users of the services, including owners, captains, renters, co-sailors, users who register for the services, users who upload, download or access content on the website, boatUnity App and/or the services, users who download the app, and users who simply view the content of the website.
By visiting the website, creating an account through the website or otherwise using the services, you indicate your acceptance of these terms of use (« terms »).
If you do not accept these terms of use, you should not use this website or any of its content or services.
These terms of use may be amended or updated by us from time to time without any notice.
These terms of use may have changed since your last visit or use of the services. It is your own responsibility to review these terms of use for any changes. Any newfeatures that may be added to the services from time to time will be subject to these terms, unless stated otherwise. You should visit this page periodically to review these terms of use.
Your use after any amendments or updates of these terms of use shall signify your assent to and acceptance of such revised terms.
In order to use the services, you must register with us, create an account on our plateform and provide certain information, ruled by our privacy Policy.
The terms of use are intégral parts of this agreement and will have the following meanings whenever capitalised, whether used in the singular or plural.
(« Comment(s) ») refer to the textual feedback left by users on the boatUnity platform after a reservation. These comments are public and reflect the personal opinion of users about their experience with the service or product rented. They may include specific details about the quality of service, interactions with owners, or any other information relevant to other users.
(« Content ») is defined as (i) members text, photos, audio, video, or other materials and information uploaded on or through boatUnity Platform ("Member Content"); and (ii) any content that boatUnity itself makes available on or through the its Platform and app, including proprietary boatUnity content and any content licensed or authorized for use by or through boatUnity from a third party ("boatUnity Content" and together with Member Content is defined as "Collective Content").
(« Co-sailing ») is defined as a sailing activity where the cost of the ownership, storage, maintenance and use of the boat are shared. It is the owner sole responsibility to define the amount of those costs which should be proportionally limited to the use of the renter. The owner agrees not to make any profit from this co-sailing activity, and acknoledge that if it is the case, co-sailing should be requalified as a transportation activity. boatUnity declines any responsibility to such a requelification and will not be held liable for any conséquences due to this requalification.
(« Rating ») refer to the star-based evaluations that users give after a reservation. Ratings range from one to five stars, with one star representing a very unsatisfactory experience and five stars representing an exceptional experience. These ratings provide a visual summary of the user's overall appreciation of the service or product rented.
(« Rental ») is defined as a the rental of a boat by an owner to a renter.
(« Start date ») refers to taking possession of the boat in a context of co-sailing, or the boarding on the first day of the trip in the context of a Rental.
(« Rental fee ») refer to the total amount paid by the renter for the use of a boat or a co-boating experience through the boatUnity platform. They include the base rate set by the owner or captain, additional fees for optional services, and applicable taxes.
(« boatUnity Service fee ») is defined as a percentage included in the rental price and payable by the renter as a fee for the plateform maintenance and services provided. The percentage of the Service Fee may vary down or up to the sole discretion of boatUnity.
(« Commissions ») refer to the fees collected by boatUnity on each transaction conducted through the platform, and they are borne by the boat owner. These include a percentage of the rental or co-boating price, as well as fixed fees for the services provided by boatUnity.
(« Additional options ») is any options selected by the Renter in addition to base price of the boat rental price. The additional options can be offered by the boat owner and/or boatUnity. (example : fishing rod rental, wakeboard rental etc.)
(« Owner » / « host ») Is defined by (i) a natural person or a légal entity, professional or private, able to prove full ownership of a boat (ii) or an owner’s representative who can prove the existence and the scope of the representation of the real boat owner
(« Professional Owner ») is an individual or an entity whose professionnal activity is declared to the Companies Register of the town, province, state, country where he runs his activity and who uses the services of boatUnity.
(« Private Owner ») refers to a boat owner who uses boatUnity services and who does not operate this rental activity on a professionnal basis
(« Renter ») is defined by a natural person or a legal entity booking a boat on boatUnity
(« Co-sailor ») is defined by a natural person or a legal entity booking a boat with a captain on boatUnity
(« User ») is any individual, whether Owner or Renter, using boatUnity plateform and services
(« Service ») is defined by (i) the action of putting owners and renters of a watercraft in contact with each other in order to rent or co-sail the watercraft. (ii) boatUnity plateform enabling the listing of a boat, the booking management tool and the payment Gateway between boatUnity users.
(« Non-Retained Security Deposit ») refers to a Financial guarantee owed to the Owner by the Renter in case of damage or disaster, and for which the Renter has given his consent to this effect. It is intended to compensate the owner if the boatis damaged or in case of loss of equipment that the insurance does not cover. The security deposit is not debited, except in the case of damage reported by the owner within 14 days following the end of the rental or co-navigation. The reservation confirmation indicates the Tenant's acceptance and constitutes a moral and legal commitment.
2. REGISTRATION
2.1 The Service.
boatUnity is a platform that connects boat owners (both professional and recreational) with renters, providing users with a system for managing listings, reservations, and payments. The Services are available in Canada and allow eligible users who have created an account through the Website and/or downloaded the boatUnity App: (i) to list boats that are available for Rent or co-boating if you are an Owner; (ii) search, reserve and rent boats listed on the Website and/or boatUnity App if you are a Renter; and (iii) pay for, or receive payment for, boat rentals booked through the Website and/or boatUnity App (the “Services”).
2.2 Important Note on Use of the Services.
boatUnity is not a rental company. boatUnity is and remains a third party to the contract concluded between an Owner and a Renter. boatUnity's sole purpose is to provide an online platform where boat owners and potential renters can connect for rental or co-navigation, subject to these terms and conditions. By using our services, you understand and acknowledge that boatUnity provides a platform that connects owners with renters and that the owners are professional owners or private owners and not employees of boatUnity. Owners are solely responsible for their boats listed for rent on the boatUnity website and/or application. In particular, owners must ensure that their boats meet minimum fitness and safety requirements. At its sole discretion, boatUnity reserves the right to remove any boat from our services that does not meet the minimum fitness and safety requirements.
Each User understands and agrees that boatUnity is not responsible for the conduct of users, including the use of boats by renters. Consequently, boatUnity disclaims all liability for damages, losses, injuries, or deaths resulting from the use of our services by users.
The liability of boatUnity, if any, is limited to the fullest extent permitted by applicable law. Users acknowledge and agree that any claim against boatUnity will be limited to the amounts paid directly to boatUnity for the use of the services.
By using our services, you agree to release boatUnity, its officers, employees, and agents from any liability for any claim, demand, action, damage, loss, cost, or expense, including reasonable legal fees, arising out of or in connection with your use of boatUnity's services or your violation of these terms.
A rental contract between the boat owner and the boat renter is provided on the boatUnity platform. However, in the context of a match between a renter and a professional owner, the rental contract of the professional owner takes precedence over the rental contract provided by boatUnity.
These terms are governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein. Any dispute arising out of or in connection with these terms will be subject to the exclusive jurisdiction of the courts of the province of Quebec, judicial district of Montreal.
User Consent : By checking the acceptance box for the general terms and conditions during your registration or by validating the booking of a boat, you confirm that you have read, understood, and accepted all provisions of these terms, including the liability limitation clauses.
2.3 Owner Account Registration.
To register as an owner, you must be at least twenty-one (21) years old and be the owner of the boat(s) you wish to rent out, or have the express permission of the owner of the boat(s) you wish to rent out via our website or application.
If you are an individual, you must have full legal capacity. If you are a legal entity, you must be able to accept and comply without reservation with these general terms and conditions (GTC).
When registering, you agree to provide accurate and complete information. You will need to provide the following information:
• Your full name
• Your date of birth
• Your phone number
• Your email address
• Your gender
• Your pleasure craft license number and the jurisdiction of issuance
• Your Pleasure Craft Operator Card (PCOC) number
• The VIN number of the boat(s) you wish to make available for rental
• Details about the boat
• The address where the boat(s) is located
For the sake of transparency and fraud prevention, subject to applicable laws, boatUnity reserves the right to perform background checks using third-party services to verify the validity of your pleasure craft license and PCOC. Additionally, boatUnity reserves the right to request all administrative documents related to the owner and the boat. Applicable documents include, but are not limited to:
• Proof of ownership of the boat (title of ownership or bill of sale)
• Boat registration certificate
• Valid insurance proof for the boat
• Certificate of compliance with maritime safety standards
• Pleasure craft license
• Pleasure Craft Operator Card (PCOC)
• Valid navigation permit
Please note that the address of the boat will only be visible to other users once a rental request has been made by a renter, the rental has been confirmed and accepted by the owner, and the payment has been made by the renter (see "PAYMENTS" section below for more details).
2.4 Renter Account Registration.
To register as a tenant, you must be at least twenty-one (21) years old and hold a valid Pleasure Craft Operator Card (PCOC) in your province of residence if you intend to rent a boat without a captain from an entity (company or individual) holding a commercial license and commercial insurance. You must have full legal capacity. If you are a legal entity, you must be able to accept and unconditionally comply with these Terms of Use.
Upon registration, you will need to provide the following information:
• Your full name
• Your date of birth
• Your phone number
• Your gender
• Your PCOC number and issuing jurisdiction (if applicable)
• A valid credit card for payment of the boat rental (see "PAYMENTS" section 7 below for more information)
For transparency and fraud prevention purposes, boatUnity reserves the right to verify your background using third-party services to confirm the validity of your PCOC (if applicable) and credit card.
Please note that the Pleasure Craft Operator Card (PCOC) is not required for rentals with a captain.
By using our services, you agree to provide accurate and up-to-date information, and acknowledge that boatUnity is not responsible for the consequences of any inaccurate or outdated information provided by you.
2.5 Users Profile.
To use your user account, you must have a valid email address and mobile phone number for the entire duration of your use of our services.
After registering, you can create a profile and upload a photo in the "Photos" section of the platform. The information in your profile will be visible to other users of our services, so please ensure not to include any information you do not want others to see. All personal information provided during the registration process and profile creation will be processed in accordance with our privacy policy, which you should read carefully.
As a user, you are solely responsible for maintaining the confidentiality of your account login credentials. boatUnity disclaims any responsibility for the use of the service by anyone other than the user or an authorized person with their login details and passwords.
3. LISTING AND BOOKING
3.1 Listing boats.
Subject to Articles 2.1. / 2.2. / 7.1. and 7.2, once an account is created, owners can list their pleasure boat(s) for rental or co-navigation free of charge by creating a listing.
This listing may include various rental information such as daily rental fees including boatUnity service fees, the amount of the security deposit, fees for additional optional services offered, photos or videos of the boat, its location, the number of people it can accommodate, its availability, the minimum rental duration, details about the boat and its equipment, the cancellation policy, as well as any other general terms and conditions governing the rental or co-navigation. Owners can also specify any additional conduct rules applicable to renters.
The rental price is determined by the owner and includes all taxes and fuel fees, unless otherwise specified in the listing. Professional Owners agree that the rental price offered on the boatUnity platform will not exceed the rate displayed on their own website or other rental platforms.
This information will be included in the public rental listing on the platform. Consequently, the owner of the listing will be solely responsible for disclosing any personal, banking, or photographic information provided.
Providing information in your listing that does not match the reality of the services offered constitutes a deceptive business practice. As an owner, you agree to publish listings that reflect the reality of your status (professional or non-professional) and the services offered. You are solely responsible for the content of the listings published on boatUnity, as well as the accuracy and truthfulness of the information provided.
Our platform is limited to providing a matchmaking service and does not guarantee any user, boat, or listing. In this sense, boatUnity cannot be held liable for any misleading or incorrect listing.
Furthermore, boatUnity cannot be held responsible for any violations of Canadian and Quebec laws by users of the platform. It is the responsibility of owners and renters to ensure that their activities comply with applicable laws.
In the context of co-navigation, a private owner of a pleasure boat agrees to set a rental price that only covers a proportional share of the costs related to owning, maintaining, storing, and using the boat. The owner can share the costs but must not make a profit. In doing so, the owner agrees to comply with the tax obligations related to the collaborative economy, the details of which are accessible via the following links:
• Canada
• Québec
The owner acknowledges and accepts that any amount exceeding the simple sharing of costs could lead to the reclassification of co-navigation as a commercial transport activity by the tax authorities of their jurisdiction, and boatUnity disclaims any responsibility for the consequences of such reclassification.
If you do not show up at the agreed date and time to meet a renter for a confirmed booking, boatUnity reserves the right to immediately remove the listing from the website, terminate your account, and refund any prepaid amounts to the renter.
3.2 Representations of Owner.
If you are an owner, you hereby declare and warrant that you are the legal owner of the boat, or if you are not the owner, that you have been duly authorized and have all necessary rights and/or permissions to list the boat as available for rent on the platform boatUnity. Furthermore, you confirm that the boat you are listing is mechanically sound, in good working condition, suitable for its intended purposes, and compliant with applicable safety standards.
3.3 Renting boats and booking.
Renters can request to rent or co-sail boats listed on the Platform and its optionnal chargeable services. This constitutes a booking offer for the Boat (« Booking Offer »).
The Owner has two (2) booking options.
3.3.1. The instant booking : Instant Book listings don't require approval from the Owner before they can be booked. Instead, Renters can just choose their trip dates, book, and plan the start date modalities with the Owner.
3.3.2. The request to book : Some Owners require that the prospective Renter completes a verified ID process before confirming a booking, which allows the Owner to get more information about who they’re renting their boat to. Once a booking request is submited, the boat Owner may confirm or decline the request at his sole discretion. In case of a confirmation, the Renter will be sent an invoice for the rental fee charged by the Owner (“Rental Fees”) and any other applicable fees.
The full payment of the rental fees and service fees will be due on the boatUnity platform at the time of booking. For more information on Rental Fees and Service Fees, please refer to sections 8.1 and 8.2 below, respectively.
At this stage of the booking, a non retained security deposit can also be requested by the boat owner. The security deposit will not be charged on the payment method of the renter. Instead, it constitutes a legal agreement limited to the amount of the security deposit between the owner and the renter in case a dammage non-covered by the insurances occurs during the rental / co-navigation. For more information on the non retained security deposit, please refer to Section 8.5 below.
The rental fees, including additional options but excluding the security deposit, will be charged to the payment method provided by the renter and held in an escrow account for 14 days until the payment is made to the owner or refunded to the renter.
You will also be required to confirm your acceptance of any additional rules that the Owner has provided relative the boat rental.
When the booking is confirmed and the payment method charged, boatUnity communicates each user the other user's personal information and contact details. Users undertake to use this information only in connection with this specific Rental or Co-Sailing arrangement, and not to enter into direct contact in the future in view of concluding a Rental or Co-Sailing contract.
In the context of a rental without a captain:
• At the request of the boat owner, the renter must provide a copy of their Pleasure Craft Operator Card (PCOC). This requirement allows the owner to verify the information previously provided by boatUnity. If the renter refuses, the owner has the right to deny the rental and cancel the reservation request.
• The renter is not allowed to sublet the boat or lend it to a third party not approved by the owner. Any violation of this rule constitutes a breach of these General Terms and Conditions of Use and will result in the immediate cancellation of the rental. Additionally, the renter will be fully responsible for any material or bodily damage resulting from this violation.
In accordance with section 2.2 ( Important Note on Use of the Services ) of these General Terms and Conditions, boatUnity's services are limited to facilitating the connection between owners and renters for the rental or co-navigation of boats. Although boatUnity makes every effort to ensure the quality of its services, it cannot control the malicious behavior of users, nor systematically verify the content of all listings, the condition, legality, or suitability of boats in relation to the descriptions provided. Consequently, boatUnity disclaims all liability regarding listings, users, and boats. Any reservation is made at the sole risk of the renter and the owner.
4. USERS RATING AND REVIEWS
Within 14 days after the end of a reservation, users may mutually leave a public comment (the "Comment") and a star rating (the "Rating"). It will remain hidden until the other party leaves their review or until the end of the 14-day period. Afterward, reviews are posted on profiles and listings.
4.1. Ratings and Comments
• User Opinions: Ratings and Comments reflect the opinion of users and not that of boatUnity.
• Non-Verification by boatUnity: Ratings and Comments are not verified by boatUnity and may be unfounded or false.
• Content Requirements: Ratings and Comments must be truthful and must not contain any abusive or defamatory terms. Users can report a non-compliant comment to boatUnity by sending an email to contact@boatUnity.com.
• boatUnity's Rights: boatUnity reserves the right to delete any comment that violates the current rules at its sole discretion and to delete any user account in the event of repeated inappropriate comments.
• Public Visibility: Ratings and Comments are part of a member’s public profile and may also appear elsewhere on the boatUnity platform, including on listing pages.
4.2. Right to Respond and Deletion
• Comment Deletion: Users cannot delete a comment written by another user themselves.
• Right to Respond: Users have the right to respond to comments.
By adhering to these terms, users accept these rules regarding Ratings and Comments and agree to comply with them.
5. INSURANCE .
5.1 Owner’s Responsibility.
It is the sole and exclusive responsibility of the owners to ensure that the listed boats are properly and adequately insured for renter use, regardless of the user's nationality, the intended navigation area, or the boat's usual home port, and to provide a copy of their insurance policy on the boatUnity platform.
boatUnity's sole mission is to connect boat owners with renters and cannot be held responsible for material or bodily damages occurring before, during, or after a rental or co-sailing. The responsibility of having adequate and valid insurance for each boat rests solely with the owner.
By using the boatUnity platform, users accept these insurance conditions and acknowledge that it is their responsibility to verify and understand the applicable insurance coverage before any rental or co-sailing.
Failure to Insure: boatUnity shall not be held liable in any way for the owner's inability to properly insure their boat(s) and obtain appropriate insurance coverage.
By listing their boat for rental or co-sailing, the owner commits to not being in default of insurance, to having valid insurance for the rental periods, and to having insurance that complies with the rental or co-sailing activity.
5.2 Claims Handling.
Any claims related to material damages, losses, injuries, or other consequences occurring as a result of a rental or co-sailing must be directly managed by the boat owners with their own insurance. boatUnity does not intervene in the management of these claims and assumes no responsibility in this regard.
5.3 Insurance Policy.
• For Bareboat Charters (Professional Owner - Legal Entity or Individual): For a bareboat charter, the owner (whether an individual or an entity) must possess all required licenses up to date and commercial insurance in effect during the rental periods, covering the boat listed in their advertisement and offered for rental. The owner must ensure their insurance is current and covers all risks associated with renting out the boat, including material and bodily injuries. A copy of the insurance policy must be provided on the boatUnity platform.
• For Crewed Charters: For a crewed charter or co-sailing, it is the responsibility of the individual owner to have adequate insurance in effect at the time of the rental. The owner must ensure their personal insurance is current and covers all risks related to the use of the boat in this context, including material and bodily injuries. A copy of the insurance policy must be provided on the boatUnity platform.
Owners must ensure that their insurance complies with the legal requirements in effect in Canada, and more specifically in the jurisdiction where their rental or co-sailing activity takes place. By using the boatUnity platform, users acknowledge that boatUnity is exempt from any liability for any damage, loss, or injury that occurs or is incurred by the owner, the renter or any other third party during a rental.
5.4 Rental contract between the owner and the renter and inventory form.
For each rental, a rental/co-sailing agreement including a departure and return inventory must be completed and signed by the renter and the owner when taking possession of the boat. This checklist includes a presentation of the boat's condition and documents any pre-existing damage or damage that occurred during the rental/co-sailing.
On the day the boat is returned, the "return inventory" section of the agreement must be duly completed and signed by both users. Owners must take photos of the boat before the rental and upon its return, and be able to provide them to boatUnity in case of a claim.
This form is downloadable from the boatUnity platform and must be filled out on paper.
5.5 Consequence.
Failure to comply with the terms and conditions mentioned above may result in the immediate removal of the rental listing by boatUnity.
By using the services of boatUnity and accepting its Terms of Service, you agree that any legal action or liability claim you seek to pursue for actions or omissions by other "users" or third parties will be limited to a claim against the particular users or other third parties who caused you harm. You agree not to attempt to impose liability on boatUnity or seek legal or financial remedies regarding these actions or omissions. Therefore, we strongly encourage you to communicate directly with other users of the Services and to refer to your insurance policies for any disputes involving insurance.
6. LIABILITY
Although owners must list only boats in good working condition, unforeseeable damages may occur to a boat while it is under the control of a renter. The following conditions apply to assign responsibility for the costs.
6.1. Renter's Liability.
By taking possession of the boat and the equipment provided (fishing rod, wakeboard, water skis, and any other equipment) at the time of rental, the renter accepts the current condition of the boat and equipment and agrees to return the boat and rented equipment in the condition in which they were received, except for normal wear and tear. The renter acknowledges being solely responsible for their own actions and omissions as well as those of the individuals invited on board or given access to the boat and equipment. Thus, the renter is responsible for any damage that occurs during the rental period. It is the renter's sole responsibility to inspect the boat and equipment before taking possession to ensure there are no pre-existing damages.
Any damage caused to the boat or equipment by the renter (or any person authorized by the owner to use the boat or recreational equipment while they are under the renter’s control) through deliberate fault or negligence is the sole and exclusive responsibility of the renter. Negligence on the part of the renter is defined as a failure to exercise reasonable care that a prudent and reasonable person would take to avoid damage.
If, after the rental, the boat owner identifies damage to the boat or rented equipment and provides proof (photos, etc.) within fourteen (14) days, the renter agrees that the mechanism of the security deposit waiver will be activated.
6.1.1 Minor Damages
In the case of minor damages due to the renter’s negligence, the security deposit waiver may be activated at the owner’s request. The security deposit waiver is a contract that the renter accepts when confirming the booking as described in the section 8.5. It serves as a means of amicably resolving a dispute or minor damage incurred during a booking without involving the owner’s insurance. The security deposit waiver is not a security deposit collected during the booking. As its name suggests, the amount defined as a guarantee is neither debited nor blocked on the renter’s payment method used for the booking. However, by confirming the booking, the renter legally and morally commits to fairly compensating the owner in case of damage, up to the amount of the security deposit waiver stated in the listing by the owner.
This commitment will result in a new payment transaction up to the agreed amount between the owner and the renter to cover the costs of minor damage. By confirming the booking, the renter contractually and morally accepts that the owner can trigger the security deposit waiver procedure in case of minor damage.
If an amount of compensation cannot be agreed upon between the parties, BoatUnity may act as a mediator at the users’ request to resolve the dispute. In such cases, renters and boat owners agree to cooperate in good faith with BoatUnity, providing necessary information and taking required actions in case of claims or investigations regarding boats or personal belongings on board. Our dispute resolution center does not have the power to arbitrate or make decisions but will help the parties communicate effectively to reach a fair and impartial resolution and help determine the amount of the guarantee to be paid for the losses the boat owner wishes to be compensated for, up to the amount of the guarantee indicated in the owner’s listing.
If our team’s mediation does not lead to an amicable solution, BoatUnity will recommend that you take your dispute to the courts of your jurisdiction.
6.1.2 Major Damages
For more significant material and/or bodily damages, it is the owner’s responsibility to involve their insurance in accordance with Article 5, "Insurance" of our T&Cs.
If it is proven that the damage resulted from the renter's negligence, the owner has the right to activate the security deposit waiver mechanism described in section 6.1.1 above to cover all or part of the insurance deductible.
6.1.3 Boat Abandonment.
The renter is fully responsible for the safe return of the boat rented. Any boat determined abandoned by the renter will be treated as a renter cancellation and renter shall be morally, legally and financially liable to all costs associated with the boat being returned to the owner.
By confirming the booking, the user, both Owner and Renter, accepts our Terms and Conditions of Use and thereby releases boatUnity from any responsibility and any damage, loss, or injury incurred by the owner, the renter, or any other third party during a rental. Furthermore, boatUnity shall not be held liable for any amount related to damage resulting from a rental or co-navigation.
6.2 Owner Liability:
By using the boatUnity platform, each boat owner is subject to specific responsibilities essential for ensuring a safe and satisfactory rental and co-boating experience for users. These responsibilities include:
6.2.1. Inspections and Preventive Maintenance: Each owner is responsible for conducting regular thorough inspections and maintaining preventive maintenance on the boats they list for rental. This includes not only mechanical and electrical components but also the hull, safety equipment, and any other elements necessary for the proper operation and safety of the vessel. By anticipating potential issues and making necessary repairs before they become critical, owners contribute to the reliability and continuous safety of the boat for renters.
6.2.2. Responsibility for Mechanical Breakdowns: Owners assume full responsibility for mechanical breakdowns occurring during a rental or co-navigation. They are required to cover the costs of necessary repairs and to carry out these repairs promptly to minimize disruption for the renter. If a mechanical failure prevents the renter from using the boat, specific provisions outlined in the terms and conditions will be applied to resolve the situation.
6.2.3. Compliance and Safety: Owners must ensure each boat complies with all relevant maritime regulations before each rental. This includes verifying the general safety of the boat, mandatory safety equipment, as well as the necessary documents and permits for legal navigation of the vessel. They must also provide clear instructions on the safe and proper use of the boat to the renter, including emergency procedures and specific precautions.
6.2.4. boatUnity Disclaimer: It is expressly stated that boatUnity disclaims any liability to the owner for any indirect, special, incidental, consequential, exemplary, or punitive damages resulting from damage to a boat. This includes any financial loss resulting from the owner's inability to accept future bookings due to technical or mechanical issues.
By accepting these responsibilities, each owner contributes to maintaining high standards of safety and quality on the boatUnity platform, thereby ensuring a positive rental experience that aligns with contractual expectations for all users.
7. OBLIGATIONS
7.1. Obligations of Users
By using the boatUnity Site and Services, each user agrees to comply with the following responsibilities:
7.1.1. Compliance and Legal Use: The user agrees to use the Site and Services in accordance with these terms and conditions of use and applicable laws, acting ethically and responsibly in all interactions and transactions.
7.1.2. Accuracy of Information: The user is responsible for providing truthful, accurate, and up-to-date information for personal data and other required information, in compliance with the specific regulations defined in the boatUnity Terms of Use.
7.1.3. User Account Management: Each user is responsible for managing their user account, maintaining the confidentiality of their credentials, and ensuring that all actions taken through their account are legal and in accordance with the boatUnity Terms of Use. The user must also independently archive all rental contracts and other necessary information for documentation, proof, and accounting purposes.
7.1.4. Confidentiality and Security: The user must ensure the confidentiality of their account credentials and allow only personal use of their account, without sharing access information with unauthorized third parties.
7.1.5. Validation of Licenses and Qualifications: The user must be able to justify any qualifications and information mentioned in their profile, regardless of the type of rental (rental with captain or without captain). Only the user who rents a boat with a captain/co-navigation is exempt from providing a Pleasure Craft Operator Card (PCOC). Any other user, whether owner or renter, must be able to prove the validity of their PCOC.
7.1.6. Compliance with Administrative and Health Procedures: The user agrees to comply with all applicable administrative and health procedures when using boatUnity Services.
7.1.7. Contracts and Inventories: Each user is required to draft and sign a rental or co-navigation contract, including an initial inventory at the beginning of the rental period and a final inventory at the end of the rental period or when the vessel is returned in case of delay. Any reservations or observations must be recorded in writing on the contract.
7.1.8. Restriction on Sharing Contact Information: The user agrees not to disclose contact information such as email address, phone number, website address, company name, social media accounts, pickup locations, or any other means of direct contact with other users outside the boatUnity platform.
7.1.9. Consent to the Transmission of Personal Data: The user consents to boatUnity transmitting their personal data to the boat owner or the relevant service provider solely for the execution of the rental contract, provided that these third parties strictly comply with boatUnity's privacy policy.
7.1.10. Use of Data by boatUnity: By using boatUnity Services, the user expressly authorizes boatUnity to use the information provided to manage bookings, rental contracts, services, and financial transactions associated with the platform.
7.1.11. Valid Contact Information: The user must have a valid email address and mobile phone number for the entire duration of using the Service.
7.2 Specific obligations of Owners
Boat owners registered on the boatUnity platform must adhere to a set of strict obligations to ensure the safety and compliance of their vessels.
7.2.1. Boat Maintenance and Safety : Owners must conduct regular inspections of their boats to identify any operational or safety defects. They guarantee that the boat is always seaworthy, mechanically sound, and compliant with current inspection and registration requirements. Only boats with a clear title, not salvaged, and free of liens can be listed for rental or co-navigation.
7.2.2. Recalls and Safety Notices : The owner must promptly address any applicable recalls or safety notices and carry out the recommended actions before offering the boat for rental. If boatUnity determines that the boat does not meet reasonable safety and operational standards, it will notify the owner and reserves the right to remove or refuse the boat’s listing until issues are resolved.
7.2.3. Ownership and Registration : The owner must be able to justify their ownership of the vessel at all times and have regularly declared and/or registered the boat with the relevant authorities.
7.2.4. Vessel Compliance : The boat must match the rental listing description, be in perfect working order, up-to-date with maintenance, and regularly serviced. The vessel must have safety equipment in line with its navigation category, updated equipment, and enough life jackets for all onboard. The boat must be clean and free of damages other than those listed in the condition report.
7.2.5. Pricing and Transparency : The price listed on boatUnity should not exceed the public price listed on other platforms or publications.
7.2.6. Documentation and Insurance : The owner must have the Special Verification Register available if required. Liability or comprehensive insurance must be maintained and valid throughout the listing period. An insurance certificate must be provided upon request by boatUnity or the renter.
7.2.7. Renter Verification : The owner must verify the renter's identity before signing the rental contract and ensure the credit card used for payment belongs to the renter. The owner must also verify that the renter holds the necessary permits and qualifications for navigating the vessel.
7.2.8. Contracts and Documentation : The name on the rental or co-navigation contract must match the renter’s ID and the payment card used. The owner must inform the renter of any insurer liability limitations in the listing and/or contract. Upon request by boatUnity, the owner must provide the signed rental contract and any other documents needed to address a payment cancellation procedure.
7.2.9. Social and Fiscal Obligations : The owner undertakes to fulfill their social and fiscal obligations according to their status, acknowledging that boatUnity assumes no advisory obligation and cannot be held liable in this regard. In the context of co-navigation, captains/owners are reminded that this type of rental is strictly limited to cost-sharing for the ownership, maintenance, and use of the vessel, excluding any form of profit-making. The determination and calculation of expenses are the owner's sole responsibility. Should this obligation not be adhered to, the owner bears sole and exclusive responsibility for any reclassification of co-navigation as a commercial transport activity, along with the resulting financial consequences. boatUnity disclaims any liability for the consequences of such reclassification.
7.2.10. Billing and Anti-Circumvention : The owner must provide an invoice for the rental price upon the renter's request and agrees not to solicit users directly to enter into rental or co-navigation contracts outside the boatUnity platform.
7.3. Specific obligations of Renters
In addition to the User's obligations mentioned in section 7.1, tenants of boats listed on the boatUnity platform must adhere to a set of strict obligations to ensure the safety and compliance of the rental.
7.3.1. General Obligations
• Social and Fiscal Obligations : The tenant must comply with their social and tax obligations according to their status and understand that boatUnity has no advisory obligation and cannot be held liable in this regard.
• Checks and Notifications : Before signing the rental contract, the tenant must check the condition of the vessel, the validity of technical inspections, and the presence of safety equipment compliant with the navigation category and updated equipment. In case of any disputes or disagreements regarding the listing or the vessel, they must notify boatUnity through their user account within two hours of the start of the rental to claim a possible cancellation.
7.3.2. Bareboat Charter
• Owner of the Credit Card and Holder of PCOC : The tenant must be the owner of the credit card used for the boat reservation. They must hold the necessary Pleasure Craft Operator Card (PCOC) to operate the boat in the requested destination and must not be under any medical incapacity to navigate.
• Qualifications and Use : The tenant must have the necessary qualifications or appropriate licenses to navigate and provide the required information upon request. They must not exceed the number of persons corresponding to the boat's safety equipment and ensure that everyone on board wears a life jacket. The boat must be used responsibly for recreational navigation, in accordance with current maritime and customs legislation.
• Payment and Liability : The tenant commits to paying any fines incurred during the rental period and settling agreed amounts with the owner in case of a dispute, within the limit of the unrecovered security deposit. The amount corresponding to the "Reservation Offer" must be paid at the time of booking. Any additional services, such as fuel, water, and docking outside the home port, as well as any other services not included in the offer, must be paid according to boatUnity's indications.
• Prohibitions and Legal Responsibility : It is forbidden to sublet the boat, tow another boat, or transport passengers for a fee. Compliance with navigation laws and regulations is the sole responsibility of the users. They must guarantee and verify these conditions, thereby waiving any liability claims against boatUnity.
• Return of the Boat : The boat must be returned clean, within the agreed timeframe, and without damage other than those listed in the boat's description or the condition report established at the time of possession. The tenant must adhere to the agreed-upon pick-up and return times with the owner and return the boat with the same fuel level as at the beginning of the rental.
7.3.3. Charter with Captain
• Owner of the Credit Card : The tenant must be the owner of the credit card used for the boat reservation.
• Responsibilities and Use : For rentals with a captain or co-navigation, the tenant does not need to provide a Pleasure Craft Operator Card (PCOC). Since the captain or owner is at the helm, the tenant is not responsible for navigation or technical maintenance.
• Payment and Liability : The tenant must pay the amount of the "Reservation Offer" at the time of booking. Any additional services, such as fuel, water, and docking outside the home port, as well as any other services not included in the offer, must be paid according to boatUnity's indications.
• Return of the Boat : The tenant is not responsible for the return, cleaning, or fuel level of the boat since these tasks fall under the captain's or owner's responsibility.
7.4. boatUnity’s obligations
boatUnity commits to providing the services described on its platform diligently and in accordance with these General Terms of Use (GTU). The specific commitments of boatUnity towards its users include:
7.4.1. Ensuring Site Functionality : boatUnity will strive to maintain the Site in continuous operation and, as much as possible, in accordance with the specifications mentioned in Article 10 below. This includes managing outages and interruptions, as well as regularly updating the Site to improve its functionality and security.
7.4.2. Responding to User Requests : boatUnity commits to processing and responding to user requests related to the services offered as promptly as possible. Effective assistance will be provided to resolve any issues encountered by users.
7.4.3. Payment to Owners : boatUnity commits to disbursing the amounts due to owners in accordance with the conditions of Article 8. Payments will be made to the bank account specified by the owner.
7.4.4. Refunds to Renters : If necessary, boatUnity will refund renters in accordance with the conditions outlined in Article 9. Refunds will be handled promptly and transparently.
7.4.5. Documentation and Invoices : boatUnity will provide users, through their user account, with invoices related to boatUnity service fees. Additionally, a summary document of the gross amount received for transactions conducted via the service and the Site during the previous year will be available. This document will indicate the net amount received by the owner after deducting boatUnity service fees.
7.4.6. Security of Personal Information : boatUnity commits to protecting users' personal information and sharing it only with parties necessary for the execution of services, in accordance with its privacy policy.
8. PAYMENT TERMS
8.1. Rental Fees
8.1.1. Definition and Composition of Rental Fees:
Rental fees (hereinafter "Rental Fees") refer to the total amount paid by the renter (hereinafter "Renter") or the co-navigator (hereinafter "Co-navigator") for the use of a boat or for a co-navigation experience (hereinafter "the Rental") via the boatUnity platform (hereinafter "the Platform"). Rental Fees include:
• The base rate set by the boat owner (hereinafter "Owner") or the co-navigation captain (hereinafter "Captain") for the day or half-day.
• Additional fees for optional services selected by the Renter (e.g., additional equipment, on-board sandwich, etc.).
• Applicable taxes according to the relevant jurisdiction.
8.1.2. Payment Methods and Refund of Rental Fees :
Rental Fees are paid by the Renter via PayPal or Stripe on the boatUnity Platform at the time of booking. Payment is made using the payment method provided by the Renter. In case of cancellation of the reservation by the Renter or the Owner/Captain, the Rental Fees may be refunded according to the cancellation conditions specified in Article 9.
8.1.3. Use of Rental Fees
• In the case of a boat rental with a captain / co-navigation, the Rental Fees collected by the Owner/Captain may be used to cover the costs related to making the boat available or organizing the co-navigation, including boat maintenance, fuel costs, and any other operational expenses such as storage fees for the boat. The Owner is responsible for setting the amount of these fees, capped at the pro-rata use by the renters. The Owner agrees not to derive any profit from this co-navigation activity. Otherwise, he acknowledges that the co-navigation activity must be requalified as a transport activity. boatUnity cannot be held responsible for any consequences arising from such requalification.
• In the context of renting a boat without a captain, the professional owner engages in a commercial activity. Therefore, they are free to set the rental fees as they wish, while staying within the market range for the type of boat being rented. However, the boat owner must not offer a rental price higher than the rate listed on their own website or on other rental platforms. The owner is also responsible for reporting their corresponding income, a responsibility that does not fall on boatUnity.
8.1.4. Modification of Rental Fees
The Owner/Captain may modify the base rates of the Rental at any time. However, rate changes will not affect already confirmed reservations or ongoing reservations.
8.2. Service Fees
8.2.1. Definition, Nature, and Collection Conditions of Service Fees
Service fees (hereinafter "Service Fees") are amounts collected by boatUnity in return for the use of the Platform and associated services.
These fees, borne by the Renter, cover the costs of operation, maintenance, hosting, security, and customer support of the Platform.
Service Fees are distinct from the rental price of the boat or co-navigation (defined as "Rental Fees" above). They are added to the total amount of the reservation and are the responsibility of the booking user (hereinafter "Renter" / "Co-navigator").
The amount of Service Fees is calculated as a fixed or variable percentage of the Rental Price, as indicated at the time of booking. The applicable rates are clearly displayed on the Platform before booking confirmation. Service Fees are collected by boatUnity at the time of booking confirmation. They are charged to the payment method provided by the Renter, at the same time as the Rental Price. In case of cancellation, Service Fees may be non-refundable, according to the general terms and conditions of the Platform.
8.2.2. Information and Transparency of Service Fees
boatUnity is committed to providing users with clear and transparent information about Service Fees. The exact amount of Service Fees is indicated before the validation of each reservation. By confirming their reservation, users expressly accept the Service Fees. The Service Fees collected by boatUnity are used to fund the development and continuous improvement of the Platform, the provision of quality customer support, and to ensure the security and reliability of transactions carried out on the Platform.
8.2.3. Modification of Service Fees
boatUnity reserves the right to modify the Service Fee rates at any time. Any rate change will only apply to reservations made after the change date.
8.3. Commissions
8.3.1. Definition, Nature, and Calculation of Commissions
Commissions on boatUnity are service fees collected by the Platform for each transaction between a Renter (or Co-navigator) and a boat Owner (or Captain). These fees, borne exclusively by the Owner, consist of a percentage of the total rental or co-navigation price. The amount of the commissions is clearly indicated in the financial conditions presented to the Owner before confirming each reservation.
8.3.2. Responsibility and Due Date of Commissions
Commissions are the exclusive responsibility of the boat Owner. They are automatically deducted from the total amount paid by the Renter before the balance is transferred to the Owner. Commissions are due as soon as the reservation is confirmed. By accepting the General Terms of Use, the Owner agrees that the commissions will be automatically deducted from their payments and acknowledges their obligation to pay them to boatUnity.
8.3.3. Information and Transparency of Commissions
boatUnity is committed to informing Owners clearly and transparently about the amount of commissions. This information is available at any time in the Owner's account and in the details of each reservation.
8.3.4. Modification of Commissions
boatUnity reserves the right to modify commission rates and fixed fees at any time. Any modification will be notified to users by electronic means (email) or directly on the Platform and will take effect after a reasonable notice period. By using boatUnity services and accepting these General Terms of Use, Owners acknowledge and accept the terms related to commissions and agree to comply with them.
8.3.5. Payment to Owner
boatUnity will pay the Owner the rental amount, less the service fees and commissions, 14 days after the end of the reservation. This buffer period is the time during which a dispute may arise. boatUnity will therefore pay the amount due to the Owner when the reservation is free of any disputes.
8.4. Payment
Renters are responsible for paying all fees when booking on boatUnity, including, but not limited to, non-retained security deposits, rental fees, service fees, usage fees, fines/penalties, franchises, damages. Renters will also be responsible for all costs related to any bills and fines incurred during the rental period.
8.5. Non-Retained Security Deposit
8.5.1. Purpose and Terms of the Non-Retained Security Deposit
The non-retained security deposit (hereinafter "Non-Retained Security Deposit") is intended to cover costs not covered by the insurance policy in case of damage caused to the boat while it is in the Renter's possession. This Security Deposit is not held in escrow by boatUnity. Confirmation of the reservation indicates acceptance by the Renter and constitutes a moral and legal commitment. The Owner has 14 days after the date and time of the end of the rental to report the damage to the Renter.
• If within this period, no damage is reported by the Owner, the Renter is released from any obligation regarding the Security Deposit.
• In case of damage, the Owner can open a dispute file on their boatUnity account under the section "My listings > my bookings". The Owner and the Renter must reach an amicable agreement to resolve the dispute and compensate the Owner fairly.
• At the request of either user, boatUnity may be requested as a mediator in the conflict, and its role will be strictly limited to mediation between the two users. boatUnity will in no case be responsible for paying any amount related to damage resulting from a rental.
8.5.2. boatUnity Disclaimer
boatUnity will not be responsible for managing any disputes between Users. Furthermore, boatUnity is not responsible for the Security Deposit nor for the payment of amounts due regarding this Security Deposit by the Renter to the Owner in case of a dispute.
8.6. Taxes
The fees (including the Security Deposit, Rental Fees, and Service Fees) are indicated on the boatUnity Platform All Taxes Included (ATI). Users and not boatUnity are responsible for determining their tax obligations, paying all applicable Taxes, and ensuring compliance with all applicable tax requirements, including income tax, sales tax, value-added tax, and any other federal, provincial, and/or municipal taxes that may apply to a particular transaction. It is the responsibility of Owners to account for these Taxes in the development of their rental offer and to remit them to the relevant tax authorities.
8.7. Fraudulent Transactions
boatUnity reserves the right to suspend the processing of any transaction when we reasonably believe that the transaction may be fraudulent, illegal, or involves criminal activity. If a user disputes a transaction or payment, the user agrees to assist us in complying with laws and rules or policies related to cards or financial institutions.
8.8. Owner Penalties
The Owner, after being put in contact with a Renter through boatUnity, is responsible for maintaining proper communication with the Renter. The Owner understands and agrees to be subject to penalties after a total of four (4) canceled and/or expired reservations. An expired reservation is defined as the Owner's failure to respond to a potential Renter's reservation request within the allotted time, regardless of whether the reservation is pre-accepted or declined. The allotted time to respond to a reservation request is twenty-four (24) hours from the moment the reservation request is sent.
Penalty Schedule
Beyond four (4) cancellations, the following penalties will apply:
• For any reservation canceled more than seven (7) days before the departure date, a penalty of $100 per cancellation will be applied.
• For any reservation canceled less than seven (7) days before the departure date, a penalty of $200 per cancellation will be applied.
boatUnity reserves the right to modify the penalty schedule at its discretion. boatUnity also reserves the right to withhold future payments to cover any penalties due. The penalty will be automatically deducted by boatUnity from the Owner's subsequent transactions made through our services, whether via our platform or application.
9. CANCELLATIONS AND REFUNDS
Any cancellation giving the rigth to a full, a partial or a null refund must be notifed to boatUnity in advance in writing via the user accounts, under the section «Your Trips » and by clicking on the cancellation link
A cancellation only becomes effective after boatUnity has sent back an e-mail notifying the cancellation.
9.1. Cancellation for Force Majeure
Cancellations resulting in a full, partial, or no refund must be communicated in writing to boatUnity via the user account in the "Your trips" section by clicking on the cancellation link. A cancellation is considered effective only after receiving a confirmation email from boatUnity.
Force Majeure: The following events are considered force majeure:
• Special weather bulletins preventing any nautical outing (sea, lake, or river)
• Natural disasters, fires, storms, floods, wars, acts of terrorism, internal strikes, illnesses, electrical surges, cooling system or computer equipment failures, blockages or slowdowns of electronic communication networks
• Pandemics, unforeseen government restrictions
• Any other unforeseeable event beyond the control of boatUnity and its users
In the event of force majeure related to the weather, any User benefiting from boatUnity's weather guarantee may request (i) the postponement of the reservation to a later date or (ii) the cancellation of the reservation, provided that they justify these circumstances in writing within 12 hours of the scheduled time of taking possession of the boat.
For a reservation of more than one day, boatUnity will not offer a refund, but the Renter can postpone the reservation. No liability can be attributed to boatUnity.
For a reservation of one day or less, boatUnity will refund the billed amount, minus service fees, in the form of a credit valid for one year. The Owner will not receive the corresponding amount.
For reservations with a Professional Owner, the latter's commercial conditions prevail. In the event of a refund, the Professional Owner will refund the Renter's Price minus service fees, which will be refunded by boatUnity in the form of a credit valid for one year.
9.2. Cancellation by the Owner
Owners are only authorized to cancel a confirmed reservation in the following cases:
• Force majeure
• The Renter's inability to provide the necessary documents (certificates, qualifications, boat license) before taking possession of the boat. Without these documents, the Renter cannot demand a refund, and the Owner will receive the due amount, minus boatUnity service fees.
• Inadequate skills of the Renter to maneuver the boat safely, even if they have provided their nautical CV.
• Serious personal reason accepted by boatUnity. In this case, boatUnity will attempt to offer an equivalent rental. If no alternative is available, the refund conditions will apply.
In case of cancellation by the Owner, they will not receive the Rental Price. The Renter will be fully refunded the Renter's Price (less service fees) within fourteen (14) days.
If a cancellation is deemed abusive by boatUnity (outside the provided exceptions), after two (2) abusive cancellations, boatUnity may delete the Owner's User account.
After four (4) cancellations, whether abusive or not, the Owner will be penalized in accordance with article 8.8 of these General Terms and Conditions of Use.
9.3. Cancellation by the Renter
The Renter may cancel the reservation according to the cancellation conditions defined by the Owner in their listing. boatUnity will refund the Renter's Price according to these conditions, minus service fees, within fourteen (14) days.
For rentals with a Professional Owner, their own cancellation conditions apply without engaging boatUnity's responsibility.
9.3.1. If the boat does not match the listing
The Renter must report any misleading listing with supporting evidence. boatUnity cannot be held responsible for inaccurate information provided in the listings.
• If the Renter maintains their reservation despite a non-conformity, they waive any refund.
• If the Renter wishes to cancel, they must inform boatUnity within two hours of the start of the rental to be eligible for a refund, minus service fees, within fourteen (14) days.
9.3.2. In case of breakdown during the rental
boatUnity is not responsible for mechanical breakdowns during a rental. The Owner is responsible for the repair.
• If the Renter maintains the reservation, they waive any refund request.
• If the Renter wishes to cancel, they must report it to boatUnity within 24 hours of the end of the reservation. boatUnity will refund proportionally for the unused days or hours, minus service fees, within fourteen (14) days.
Valid cancellation conditions are as follows: (i) For a reservation of more than 24 hours, cancellation is possible if the breakdown deprives the Renter of the boat for more than 23 hours. (ii) For a reservation of a day or half-day, cancellation is possible if the deprivation lasts more than two hours.
9.4. Cancellation by boatUnity
boatUnity may cancel a reservation in exceptional cases (misleading listings, non-compliance with the Owner's obligations, non-compliance with safety standards, etc.). boatUnity will attempt to offer an equivalent rental or a credit valid for one year. If no alternative is available, the Renter will be fully refunded without engaging boatUnity's responsibility.
9.5. Mutual Termination Clause
BoatUnity and the user can terminate the contract by mutual agreement, without fees or penalties, at any time. This termination must be confirmed in writing.
9.6. Penalty Clause
In the event of an unjustified cancellation, boatUnity reserves the right to impose specific and reasonable penalties. The details of these penalties will be communicated at the time of the cancellation notification based on the situation that led to the cancellation.
9.7. Claim and Dispute Clause
In the event of disagreement over cancellations and refunds, claims must be submitted in writing to boatUnity. Any dispute will be subject to the exclusive jurisdiction of the courts of the defendant's domicile.
10. USE OF THE WEBSITE, APP AND SERVICES
10.1. Restrictions on Use
By using our website, the boatUnity application, and associated services, you agree not to:
• Use content without explicit permission;
• Upload, post, transmit, or make available any material that:
◦ Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, or otherwise objectionable;
◦ Violates intellectual property rights or contractual obligations;
◦ Contains unsolicited advertising, malware, or false statements;
◦ Use the services for fraudulent purposes;
◦ Impersonate others or misrepresent your affiliation;
◦ Interfere with the website, servers, or networks;
• Collect or store personal data of other users outside of necessary transactions;
• Commercially exploit our website or application without authorization;
• Modify, translate, or create derivative works of the boatUnity application.
We reserve the right to restrict, suspend, or terminate your account in case of violation of these terms.
10.2. Conduct Rules and Messaging Use
By accessing and using our website, application, and services, you agree to:
• Provide accurate and up-to-date registration information;
• Ensure the security of your login information and account access. We disclaim all liability for damages resulting from unauthorized use of your account or password, including fraudulent access and misuse of your credit card information. Please notify us immediately if you suspect or detect unauthorized use of your credentials or any other security breach;
• Comply with all reasonable requirements of the party with whom you enter into a boat rental contract;
• Use messaging services respectfully, avoiding any threatening, harassing, or harmful behavior. We reserve the right to monitor these communications without prior consent and to suspend or terminate your access in case of non-compliance with these requirements, in addition to taking appropriate legal action.
10.3. Behavior of Other Users and Handling Complaints
We are not responsible for the actions of other users. If you believe a user has acted inappropriately, please inform us via the feedback features. We will take appropriate action after reviewing your complaint. By submitting a complaint, you agree that your identity may be disclosed to the concerned user to facilitate the resolution of your complaint.
10.4. Circumvention Prohibition
It is strictly forbidden to bypass the boatUnity platform to avoid service fees, notably by using the platform to find renters or boats and then entering into contracts outside the platform. boatUnity reserves the right to monitor and exclude users engaged in such practices.
10.5. Security and Reporting
You agree to:
• Maintain the security of your personal information and notify us immediately if you suspect a violation;
• Report any suspicious or inappropriate behavior by other users so that we can take appropriate measures to ensure the safety of our community.
10.6. Compliance with Laws and Regulations
You must:
• Comply with all applicable local, provincial, national, or international laws and regulations;
• Not use the website, application, or services for illegal or unauthorized purposes.
11. LICENSE AND USER’S CONTENT TERMS
11.1. User Content
All elements such as information, data, text, software, graphics, videos, messages, including but not limited to, boat photos, boat listing information, pricing information, and user contact details, whether publicly posted or privately transmitted on the website by users (collectively referred to as "user content"), are the sole responsibility of those users. Therefore, users, and not boatUnity, bear full responsibility for any material downloaded, posted, emailed, transmitted, or otherwise made available through the Service. boatUnity does not actively monitor or control user content and, consequently, does not guarantee the accuracy, integrity, or quality of such content. Users acknowledge that the use of our services may expose them to inaccurate, offensive, indecent, or objectionable materials.
boatUnity disclaims all responsibility for any material, including, without limitation, any errors or omissions in any material or any failure or error, as well as any loss or damage of any kind resulting from the viewing or use of any material posted, emailed, transmitted, or otherwise made available via our services.
11.2. User Content License
By submitting, posting, or displaying user content on or through our services, you grant boatUnity (and its agents) a non-exclusive, royalty-free license, with the right to sublicense, to use, copy, modify, transmit, display, and distribute such user content for the purpose of providing our services. boatUnity shall not be liable for any use of user content in accordance with these terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights related to the user content you submit.
11.3. End User License
The website, application, and the information and materials they contain (excluding the information and materials provided by the users of the services) are the property of boatUnity and its licensors and are protected against unauthorized copying and distribution by copyright, trademark law, and other intellectual property laws. Subject to these terms of use, boatUnity grants you a non-transferable, non-exclusive license to use the website for your personal use (the "License"). Nothing in these terms of use gives you the right to use the brand names, trademarks, logos, domain names, and other distinctive brand features without the prior written consent of boatUnity. You must not attempt to circumvent or bypass any rules or restrictions on the use of the website. Any future version, update, or addition to the functionality of the website will be subject to these terms of use.
11.4. Feedback
By providing suggestions, comments, or other feedback regarding any aspect of the website and/or our services (collectively referred to as "Feedback"), you agree that we may use such Feedback on the website and the service and/or in any other product or service (collectively referred to as the "boatUnity Offerings"). Consequently, you agree that: (a) we are not subject to any confidentiality obligations concerning the Feedback, (b) the Feedback does not constitute confidential or proprietary information from you or any third party and that you have all the rights necessary to disclose the Feedback to us, (c) boatUnity (including all its successors and assigns of any of the boatUnity Offerings) may freely use, reproduce, publish, license, distribute, and otherwise commercialize the Feedback in any boatUnity Offering, and (d) you are not entitled to any compensation or reimbursement of any kind concerning the Feedback.
12. DISCLAIMER; LIMITATION OF LIABILITY
12.1. No Verification; Endorsement
Since we do not supervise or control interactions between renters and owners, and boatUnity cannot guarantee the true identity, age, or nationality of owners or renters, and we have very limited control over the legality, truthfulness, or accuracy of various aspects of the website, services, and user content they contain, you agree to assume all risks and release boatUnity (as well as its officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third-party partners) from any liability, cost, expense, or other damage of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, present and future, arising from or in any way related to your use of our services, interactions and transactions between renters and owners, transactions with third parties, and our resolution of any disputes between renters and owners. You further waive all rights and benefits conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a waiver or release. Notwithstanding the foregoing, in the event of damages occurring to a boat during the rental period or the delivery period (e.g., when the owner delivers the boat to a renter), such damages must be covered by the owner’s insurance policy.
12.2. Service Disclaimer
Except as expressly provided in our General Terms of Use (GTU) regarding the liability and obligations of boatUnity, we provide only a booking platform and expressly disclaim all liability related to your interaction with, or receipt of services from, owners or renters, including any theft, loss, or damage to your property, including recreational boats. You acknowledge that the Internet is not a secure medium and that confidentiality cannot be guaranteed. Data transmission over the Internet, including, but not limited to, personal and payment information, is vulnerable to interception and tampering.
We shall not be liable for any damages you or any third party may suffer due to the transmission of confidential information you provide to us via the Internet, or that you expressly or implicitly authorize us to make, or for any error or alteration made to the transmitted information.
12.3. Limitation of Liability
boatUnity reminds users that it is not a party to rental or co-navigation contracts entered into between users. Except as expressly provided in our GTU regarding the liability and obligations of boatUnity, we shall not be liable for any damages of any kind, whether arising in contract (including breach of this agreement), tort, negligence, or any other legal theory, arising out of or in connection with your use, or inability to use or access our services, including, without limitation, indirect, special, incidental, consequential, exemplary, or punitive damages, including, but not limited to, bodily injury, pain and suffering, emotional distress, loss of income, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, business interruptions, missed opportunities, theft, damage or loss of your personal property while stored by an owner, whether caused by tort (including negligence and strict liability), breach of contract, or otherwise, even if foreseeable. Consequently, users waive the right to hold boatUnity liable in this regard. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
12.4. Absence of Liability
Except as expressly provided in our GTU regarding the liability of boatUnity: (i) we shall not be liable for any losses not caused by our breach of contract or negligence, including, but not limited to, losses resulting from fraudulent transactions and losses, damages, injuries, or theft of personal property, including recreational boats; (ii) any actions, inactions, errors, omissions, representations, warranties, breaches, or negligence of any user or for any personal injury, death, property damage, or other expenses resulting therefrom; (iii) any actions, inactions, errors, omissions, representations, warranties, breaches, or negligence of owners or renters or for any personal injury, death, property damage, or other damages or expenses resulting therefrom; (iv) any indirect losses (meaning a loss to you that is a side effect of the main loss or damage and where we could not reasonably foresee such loss occurring at the time of the conclusion of this agreement); (v) any failures in the supply or performance of any of our obligations under this agreement where such delay, cancellation, or failure is due to events beyond our control (e.g., network failures, Internet delays, rerouting acts of any government or authority, acts of nature, telecommunications equipment failures, other equipment failures, power outages, strikes, labor disputes, riots, insurrections, civil disturbances, labor or material shortages, fires, floods, storms, explosions, force majeure, governmental actions, court or tribunal orders, non-performance by third parties, weather or road conditions, and failures); (vi) if for any reason, any part of our services is unavailable at any time or for any period; or (vii) any violation by a user of any applicable law, rule, regulation, or regulation; (viii) any breach of any agreement between renters and owners; (ix) any breach of any representation or warranty made by a user in connection with the services; or (x) any losses suffered by you or any third party resulting from your inability to obtain adequate insurance coverage for boat rental.
12.5. Exclusion of Warranty
Our services are provided "as is" and we make no representations, warranties, or conditions, express or implied, including any representation, warranty, or condition that the website, application, content, or any service will be accurate, reliable, timely, secure, error-free, or uninterrupted, that defects will be corrected, that the website or application will be free of viruses or other harmful components, or that any service obtained will meet your needs or expectations.
All statutory warranties and conditions are excluded to the maximum extent permitted by law, and you hereby waive any statutory warranties to the maximum extent permitted by law. Your use of the services and the website is entirely at your own risk.
boatUnity does not guarantee that the services provided will be error-free, continuous, secure, or available at all times. boatUnity disclaims all liability for any loss of profits, business interruption, loss of data, or indirect, special, consequential, exemplary, or punitive damages arising from the use or inability to use the services, even if boatUnity has been advised of the possibility of such damages. The total liability of boatUnity to the user, whether in contract, tort, or otherwise, will be limited to the total fees paid by the user to boatUnity for the use of the services during the six (6) months preceding the event giving rise to the liability.
13. INDEMNITY
The user (owner or renter) shall indemnify, defend, and hold boatUnity (including its officers, directors, agents, and employees) harmless from any liability, damage, loss, expense, claim, demand, lawsuit, fine, and/or judgment (collectively "Claims"), including reasonable attorney’s fees, costs, and fees, arising out of or related to: (a) bodily injury (including death) or damage to tangible personal or real property caused by an act, error, omission, or fault of the user; (b) the violation of any law or regulation by the user (including, without limitation, any privacy or personal information protection law or regulation); or (c) the violation of any material warranty or condition of this Agreement by the user.
14. GENERAL TERMS
14.1. Termination
We reserve the right, under certain circumstances and without prior notice, to immediately terminate your access to our services, in whole or in part. Grounds for such termination may include, but are not limited to: (a) any breach of these terms of use or any other agreement in effect with us (including, but not limited to, non-payment of amounts due for services), (b) requests from law enforcement or other governmental authorities, (c) a request by you, (d) discontinuation or substantial modification of the website or its parts, (e) unforeseen technical, security, or legal issues, and (f) your direct or indirect involvement in fraudulent or illegal activities. Termination of your access may also result in the deletion of all or part of the content uploaded by you. You acknowledge and agree that such terminations are carried out at our sole discretion and that we are not liable to you or any third party for the deletion of your access or any material uploaded by you on the website. Any termination by us is in addition to all other rights and remedies we have.
14.2. Availability and Updates
We reserve the right to modify, suspend, or discontinue the website and/or services at any time and for any reason, with or without notice. The website and/or services may be periodically inaccessible due to maintenance, computer or network equipment malfunction, or for other reasons. We may also add or update the information and materials available through the services without notice.
14.3. Security
Information transmitted over the Internet is generally not secure, and we cannot guarantee the security of communications to or from the website, nor can we guarantee against third-party interception of personal or other information. You are responsible for protecting the password used to access our services and for actions taken under that password. You agree to protect your password. We disclaim any responsibility for any loss or damage resulting from your failure to comply with these requirements.
14.4. Entire Agreement, Severability, No Waiver, and Governing Law
These terms of use and all referenced documents constitute the entire agreement between the parties regarding the website and associated services. Any modification of these terms must be made by republishing the terms of use issued by us. If any provision of these terms is found to be illegal, void, or unenforceable, that provision will be severed, without affecting the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision does not constitute a waiver of that right or provision, unless agreed to in writing. You may not assign these terms of use, rights, or licenses granted without our prior written consent. We may assign these terms without restriction. These terms of use are governed by the laws of the province of Quebec, without regard to conflict of laws principles.
14.5. Contact
For any questions regarding these terms of use, or to make any claims or comments regarding the website or our services, please contact us at: contact@boatunity.com
2. REGISTRATION
2.1 The Service.
2.2 Important Note on Use of the Services.
2.3 Owner Account Registration.
2.4 Renter Account Registration.
2.5 Users Profile.
3. LISTING AND BOOKING
3.1 Listing boats.
3.2 Representations of Owner.
3.3 Renting boats and booking.
3.3.1. The instant booking
3.3.2. The request to book
4. USERS RATING AND REVIEWS
4.1. Ratings and Comments
4.2. Right to Respond and Deletion
5. INSURANCE .
5.1 Owner’s Responsibility.
5.2 Claims Handling.
5.3 Insurance Policy.
5.4 Rental contract between the owner and the renter and inventory form.
5.5 Consequence.
6. LIABILITY
6.1. Renter's Liability.
6.1.1 Minor Damages
6.1.2 Major Damages
6.1.3 Boat Abandonment.
6.2 Owner Liability
6.2.1. Inspections and Preventive Maintenance
6.2.2. Responsibility for Mechanical Breakdowns
6.2.3. Compliance and Safety
6.2.4. boatUnity Disclaimer
7. OBLIGATIONS
7.1. Obligations of Users
7.1.1. Compliance and Legal Use
7.1.2. Accuracy of Information
7.1.3. User Account Management
7.1.4. Confidentiality and Security
7.1.5. Validation of Licenses and Qualifications
7.1.6. Compliance with Administrative and Health Procedures
7.1.7. Contracts and Inventories
7.1.8. Restriction on Sharing Contact Information
7.1.9. Consent to the Transmission of Personal Data
7.1.10. Use of Data by boatUnity
7.1.11. Valid Contact Information
7.2 Specific obligations of Owners
7.2.1. Boat Maintenance and Safety
7.2.2. Recalls and Safety Notices
7.2.3. Ownership and Registration
7.2.4. Vessel Compliance
7.2.5. Pricing and Transparency
7.2.6. Documentation and Insurance
7.2.7. Renter Verification
7.2.8. Contracts and Documentation
7.2.9. Social and Fiscal Obligations
7.2.10. Billing and Anti-Circumvention
7.3. Specific obligations of Renters
7.3.1. General Obligations
7.3.2. Bareboat Charter
7.3.3. Charter with Captain
7.4. boatUnity’s obligations
7.4.1. Ensuring Site Functionality
7.4.2. Responding to User Requests
7.4.3. Payment to Owners
7.4.4. Refunds to Renters
7.4.5. Documentation and Invoices
7.4.6. Security of Personal Information
8. PAYMENT TERMS
8.1. Rental Fees
8.1.1. Definition and Composition of Rental Fees
8.1.2. Payment Methods and Refund of Rental Fees
8.1.3. Use of Rental Fees
8.1.4. Modification of Rental Fees
8.2. Service Fees
8.2.1. Definition, Nature, and Collection Conditions of Service Fees
8.2.2. Information and Transparency of Service Fees
8.2.3. Modification of Service Fees
8.3. Commissions
8.3.1. Definition, Nature, and Calculation of Commissions
8.3.2. Responsibility and Due Date of Commissions
8.3.3. Information and Transparency of Commissions
8.3.4. Modification of Commissions
8.3.5. Payment to Owner
8.4. Payment
8.5. Non-Retained Security Deposit
8.5.1. Purpose and Terms of the Non-Retained Security Deposit
8.5.2. boatUnity Disclaimer
8.6. Taxes
8.7. Fraudulent Transactions
8.8. Owner Penalties
9. CANCELLATIONS AND REFUNDS
9.1. Cancellation for Force Majeure
9.2. Cancellation by the Owner
9.3. Cancellation by the Renter
9.3.1. If the boat does not match the listing
9.3.2. In case of breakdown during the rental
9.4. Cancellation by boatUnity
9.5. Mutual Termination Clause
9.6. Penalty Clause
9.7. Claim and Dispute Clause
10. USE OF THE WEBSITE, APP AND SERVICES
10.1. Restrictions on Use
10.2. Conduct Rules and Messaging Use
10.3. Behavior of Other Users and Handling Complaints
10.4. Circumvention Prohibition
10.5. Security and Reporting
10.6. Compliance with Laws and Regulations
11. LICENSE AND USER’S CONTENT TERMS
11.1. User Content
11.2. User Content License
11.3. End User License
11.4. Feedback
12. DISCLAIMER; LIMITATION OF LIABILITY
12.1. No Verification; Endorsement
12.2. Service Disclaimer
12.3. Limitation of Liability
12.4. Absence of Liability
12.5. Exclusion of Warranty
13. INDEMNITY
14. GENERAL TERMS
14.1. Termination
14.2. Availability and Updates
14.3. Security
14.4. Entire Agreement, Severability, No Waiver, and Governing Law
14.5. Contact
NAVIGATION SOLIDAIRE LIBERTALIA inc.
1. TERMS OF USE AND ACCEPTANCE OF THE CONDITIONS OF USE
Navigation Solidaire Libertalia inc. (« boatUnity »/ « we »/ « us »/ « our ») owns and opérates the website located at www.boatunity.com (the « website » / the « plateform ») and boatUnity application (« App ») for use of our proprietary plateform which enables registered owners (« owner »/ « owners » / « host » / »hosts » « captain »/ « captains ») to list recreational watercrafts and other similar vehicles (hereinafter referred to as « boat(s) ») available to rent or co-navigate by other users (« renters » « co-sailors »).
These terms of use apply to all users of the services, including owners, captains, renters, co-sailors, users who register for the services, users who upload, download or access content on the website, boatUnity App and/or the services, users who download the app, and users who simply view the content of the website.
By visiting the website, creating an account through the website or otherwise using the services, you indicate your acceptance of these terms of use (« terms »).
If you do not accept these terms of use, you should not use this website or any of its content or services.
These terms of use may be amended or updated by us from time to time without any notice.
These terms of use may have changed since your last visit or use of the services. It is your own responsibility to review these terms of use for any changes. Any newfeatures that may be added to the services from time to time will be subject to these terms, unless stated otherwise. You should visit this page periodically to review these terms of use.
Your use after any amendments or updates of these terms of use shall signify your assent to and acceptance of such revised terms.
In order to use the services, you must register with us, create an account on our plateform and provide certain information, ruled by our privacy Policy.
The terms of use are intégral parts of this agreement and will have the following meanings whenever capitalised, whether used in the singular or plural.
(« Comment(s) ») refer to the textual feedback left by users on the boatUnity platform after a reservation. These comments are public and reflect the personal opinion of users about their experience with the service or product rented. They may include specific details about the quality of service, interactions with owners, or any other information relevant to other users.
(« Content ») is defined as (i) members text, photos, audio, video, or other materials and information uploaded on or through boatUnity Platform ("Member Content"); and (ii) any content that boatUnity itself makes available on or through the its Platform and app, including proprietary boatUnity content and any content licensed or authorized for use by or through boatUnity from a third party ("boatUnity Content" and together with Member Content is defined as "Collective Content").
(« Co-sailing ») is defined as a sailing activity where the cost of the ownership, storage, maintenance and use of the boat are shared. It is the owner sole responsibility to define the amount of those costs which should be proportionally limited to the use of the renter. The owner agrees not to make any profit from this co-sailing activity, and acknoledge that if it is the case, co-sailing should be requalified as a transportation activity. boatUnity declines any responsibility to such a requelification and will not be held liable for any conséquences due to this requalification.
(« Rating ») refer to the star-based evaluations that users give after a reservation. Ratings range from one to five stars, with one star representing a very unsatisfactory experience and five stars representing an exceptional experience. These ratings provide a visual summary of the user's overall appreciation of the service or product rented.
(« Rental ») is defined as a the rental of a boat by an owner to a renter.
(« Start date ») refers to taking possession of the boat in a context of co-sailing, or the boarding on the first day of the trip in the context of a Rental.
(« Rental fee ») refer to the total amount paid by the renter for the use of a boat or a co-boating experience through the boatUnity platform. They include the base rate set by the owner or captain, additional fees for optional services, and applicable taxes.
(« boatUnity Service fee ») is defined as a percentage included in the rental price and payable by the renter as a fee for the plateform maintenance and services provided. The percentage of the Service Fee may vary down or up to the sole discretion of boatUnity.
(« Commissions ») refer to the fees collected by boatUnity on each transaction conducted through the platform, and they are borne by the boat owner. These include a percentage of the rental or co-boating price, as well as fixed fees for the services provided by boatUnity.
(« Additional options ») is any options selected by the Renter in addition to base price of the boat rental price. The additional options can be offered by the boat owner and/or boatUnity. (example : fishing rod rental, wakeboard rental etc.)
(« Owner » / « host ») Is defined by (i) a natural person or a légal entity, professional or private, able to prove full ownership of a boat (ii) or an owner’s representative who can prove the existence and the scope of the representation of the real boat owner
(« Professional Owner ») is an individual or an entity whose professionnal activity is declared to the Companies Register of the town, province, state, country where he runs his activity and who uses the services of boatUnity.
(« Private Owner ») refers to a boat owner who uses boatUnity services and who does not operate this rental activity on a professionnal basis
(« Renter ») is defined by a natural person or a legal entity booking a boat on boatUnity
(« Co-sailor ») is defined by a natural person or a legal entity booking a boat with a captain on boatUnity
(« User ») is any individual, whether Owner or Renter, using boatUnity plateform and services
(« Service ») is defined by (i) the action of putting owners and renters of a watercraft in contact with each other in order to rent or co-sail the watercraft. (ii) boatUnity plateform enabling the listing of a boat, the booking management tool and the payment Gateway between boatUnity users.
(« Non-Retained Security Deposit ») refers to a Financial guarantee owed to the Owner by the Renter in case of damage or disaster, and for which the Renter has given his consent to this effect. It is intended to compensate the owner if the boatis damaged or in case of loss of equipment that the insurance does not cover. The security deposit is not debited, except in the case of damage reported by the owner within 14 days following the end of the rental or co-navigation. The reservation confirmation indicates the Tenant's acceptance and constitutes a moral and legal commitment.
2. REGISTRATION
2.1 The Service.
boatUnity is a platform that connects boat owners (both professional and recreational) with renters, providing users with a system for managing listings, reservations, and payments. The Services are available in Canada and allow eligible users who have created an account through the Website and/or downloaded the boatUnity App: (i) to list boats that are available for Rent or co-boating if you are an Owner; (ii) search, reserve and rent boats listed on the Website and/or boatUnity App if you are a Renter; and (iii) pay for, or receive payment for, boat rentals booked through the Website and/or boatUnity App (the “Services”).
2.2 Important Note on Use of the Services.
boatUnity is not a rental company. boatUnity is and remains a third party to the contract concluded between an Owner and a Renter. boatUnity's sole purpose is to provide an online platform where boat owners and potential renters can connect for rental or co-navigation, subject to these terms and conditions. By using our services, you understand and acknowledge that boatUnity provides a platform that connects owners with renters and that the owners are professional owners or private owners and not employees of boatUnity. Owners are solely responsible for their boats listed for rent on the boatUnity website and/or application. In particular, owners must ensure that their boats meet minimum fitness and safety requirements. At its sole discretion, boatUnity reserves the right to remove any boat from our services that does not meet the minimum fitness and safety requirements.
Each User understands and agrees that boatUnity is not responsible for the conduct of users, including the use of boats by renters. Consequently, boatUnity disclaims all liability for damages, losses, injuries, or deaths resulting from the use of our services by users.
The liability of boatUnity, if any, is limited to the fullest extent permitted by applicable law. Users acknowledge and agree that any claim against boatUnity will be limited to the amounts paid directly to boatUnity for the use of the services.
By using our services, you agree to release boatUnity, its officers, employees, and agents from any liability for any claim, demand, action, damage, loss, cost, or expense, including reasonable legal fees, arising out of or in connection with your use of boatUnity's services or your violation of these terms.
A rental contract between the boat owner and the boat renter is provided on the boatUnity platform. However, in the context of a match between a renter and a professional owner, the rental contract of the professional owner takes precedence over the rental contract provided by boatUnity.
These terms are governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein. Any dispute arising out of or in connection with these terms will be subject to the exclusive jurisdiction of the courts of the province of Quebec, judicial district of Montreal.
User Consent : By checking the acceptance box for the general terms and conditions during your registration or by validating the booking of a boat, you confirm that you have read, understood, and accepted all provisions of these terms, including the liability limitation clauses.
2.3 Owner Account Registration.
To register as an owner, you must be at least twenty-one (21) years old and be the owner of the boat(s) you wish to rent out, or have the express permission of the owner of the boat(s) you wish to rent out via our website or application.
If you are an individual, you must have full legal capacity. If you are a legal entity, you must be able to accept and comply without reservation with these general terms and conditions (GTC).
When registering, you agree to provide accurate and complete information. You will need to provide the following information:
• Your full name
• Your date of birth
• Your phone number
• Your email address
• Your gender
• Your pleasure craft license number and the jurisdiction of issuance
• Your Pleasure Craft Operator Card (PCOC) number
• The VIN number of the boat(s) you wish to make available for rental
• Details about the boat
• The address where the boat(s) is located
For the sake of transparency and fraud prevention, subject to applicable laws, boatUnity reserves the right to perform background checks using third-party services to verify the validity of your pleasure craft license and PCOC. Additionally, boatUnity reserves the right to request all administrative documents related to the owner and the boat. Applicable documents include, but are not limited to:
• Proof of ownership of the boat (title of ownership or bill of sale)
• Boat registration certificate
• Valid insurance proof for the boat
• Certificate of compliance with maritime safety standards
• Pleasure craft license
• Pleasure Craft Operator Card (PCOC)
• Valid navigation permit
Please note that the address of the boat will only be visible to other users once a rental request has been made by a renter, the rental has been confirmed and accepted by the owner, and the payment has been made by the renter (see "PAYMENTS" section below for more details).
2.4 Renter Account Registration.
To register as a tenant, you must be at least twenty-one (21) years old and hold a valid Pleasure Craft Operator Card (PCOC) in your province of residence if you intend to rent a boat without a captain from an entity (company or individual) holding a commercial license and commercial insurance. You must have full legal capacity. If you are a legal entity, you must be able to accept and unconditionally comply with these Terms of Use.
Upon registration, you will need to provide the following information:
• Your full name
• Your date of birth
• Your phone number
• Your gender
• Your PCOC number and issuing jurisdiction (if applicable)
• A valid credit card for payment of the boat rental (see "PAYMENTS" section 7 below for more information)
For transparency and fraud prevention purposes, boatUnity reserves the right to verify your background using third-party services to confirm the validity of your PCOC (if applicable) and credit card.
Please note that the Pleasure Craft Operator Card (PCOC) is not required for rentals with a captain.
By using our services, you agree to provide accurate and up-to-date information, and acknowledge that boatUnity is not responsible for the consequences of any inaccurate or outdated information provided by you.
2.5 Users Profile.
To use your user account, you must have a valid email address and mobile phone number for the entire duration of your use of our services.
After registering, you can create a profile and upload a photo in the "Photos" section of the platform. The information in your profile will be visible to other users of our services, so please ensure not to include any information you do not want others to see. All personal information provided during the registration process and profile creation will be processed in accordance with our privacy policy, which you should read carefully.
As a user, you are solely responsible for maintaining the confidentiality of your account login credentials. boatUnity disclaims any responsibility for the use of the service by anyone other than the user or an authorized person with their login details and passwords.
3. LISTING AND BOOKING
3.1 Listing boats.
Subject to Articles 2.1. / 2.2. / 7.1. and 7.2, once an account is created, owners can list their pleasure boat(s) for rental or co-navigation free of charge by creating a listing.
This listing may include various rental information such as daily rental fees including boatUnity service fees, the amount of the security deposit, fees for additional optional services offered, photos or videos of the boat, its location, the number of people it can accommodate, its availability, the minimum rental duration, details about the boat and its equipment, the cancellation policy, as well as any other general terms and conditions governing the rental or co-navigation. Owners can also specify any additional conduct rules applicable to renters.
The rental price is determined by the owner and includes all taxes and fuel fees, unless otherwise specified in the listing. Professional Owners agree that the rental price offered on the boatUnity platform will not exceed the rate displayed on their own website or other rental platforms.
This information will be included in the public rental listing on the platform. Consequently, the owner of the listing will be solely responsible for disclosing any personal, banking, or photographic information provided.
Providing information in your listing that does not match the reality of the services offered constitutes a deceptive business practice. As an owner, you agree to publish listings that reflect the reality of your status (professional or non-professional) and the services offered. You are solely responsible for the content of the listings published on boatUnity, as well as the accuracy and truthfulness of the information provided.
Our platform is limited to providing a matchmaking service and does not guarantee any user, boat, or listing. In this sense, boatUnity cannot be held liable for any misleading or incorrect listing.
Furthermore, boatUnity cannot be held responsible for any violations of Canadian and Quebec laws by users of the platform. It is the responsibility of owners and renters to ensure that their activities comply with applicable laws.
In the context of co-navigation, a private owner of a pleasure boat agrees to set a rental price that only covers a proportional share of the costs related to owning, maintaining, storing, and using the boat. The owner can share the costs but must not make a profit. In doing so, the owner agrees to comply with the tax obligations related to the collaborative economy, the details of which are accessible via the following links:
• Canada
• Québec
The owner acknowledges and accepts that any amount exceeding the simple sharing of costs could lead to the reclassification of co-navigation as a commercial transport activity by the tax authorities of their jurisdiction, and boatUnity disclaims any responsibility for the consequences of such reclassification.
If you do not show up at the agreed date and time to meet a renter for a confirmed booking, boatUnity reserves the right to immediately remove the listing from the website, terminate your account, and refund any prepaid amounts to the renter.
3.2 Representations of Owner.
If you are an owner, you hereby declare and warrant that you are the legal owner of the boat, or if you are not the owner, that you have been duly authorized and have all necessary rights and/or permissions to list the boat as available for rent on the platform boatUnity. Furthermore, you confirm that the boat you are listing is mechanically sound, in good working condition, suitable for its intended purposes, and compliant with applicable safety standards.
3.3 Renting boats and booking.
Renters can request to rent or co-sail boats listed on the Platform and its optionnal chargeable services. This constitutes a booking offer for the Boat (« Booking Offer »).
The Owner has two (2) booking options.
3.3.1. The instant booking : Instant Book listings don't require approval from the Owner before they can be booked. Instead, Renters can just choose their trip dates, book, and plan the start date modalities with the Owner.
3.3.2. The request to book : Some Owners require that the prospective Renter completes a verified ID process before confirming a booking, which allows the Owner to get more information about who they’re renting their boat to. Once a booking request is submited, the boat Owner may confirm or decline the request at his sole discretion. In case of a confirmation, the Renter will be sent an invoice for the rental fee charged by the Owner (“Rental Fees”) and any other applicable fees.
The full payment of the rental fees and service fees will be due on the boatUnity platform at the time of booking. For more information on Rental Fees and Service Fees, please refer to sections 8.1 and 8.2 below, respectively.
At this stage of the booking, a non retained security deposit can also be requested by the boat owner. The security deposit will not be charged on the payment method of the renter. Instead, it constitutes a legal agreement limited to the amount of the security deposit between the owner and the renter in case a dammage non-covered by the insurances occurs during the rental / co-navigation. For more information on the non retained security deposit, please refer to Section 8.5 below.
The rental fees, including additional options but excluding the security deposit, will be charged to the payment method provided by the renter and held in an escrow account for 14 days until the payment is made to the owner or refunded to the renter.
You will also be required to confirm your acceptance of any additional rules that the Owner has provided relative the boat rental.
When the booking is confirmed and the payment method charged, boatUnity communicates each user the other user's personal information and contact details. Users undertake to use this information only in connection with this specific Rental or Co-Sailing arrangement, and not to enter into direct contact in the future in view of concluding a Rental or Co-Sailing contract.
In the context of a rental without a captain:
• At the request of the boat owner, the renter must provide a copy of their Pleasure Craft Operator Card (PCOC). This requirement allows the owner to verify the information previously provided by boatUnity. If the renter refuses, the owner has the right to deny the rental and cancel the reservation request.
• The renter is not allowed to sublet the boat or lend it to a third party not approved by the owner. Any violation of this rule constitutes a breach of these General Terms and Conditions of Use and will result in the immediate cancellation of the rental. Additionally, the renter will be fully responsible for any material or bodily damage resulting from this violation.
In accordance with section 2.2 ( Important Note on Use of the Services ) of these General Terms and Conditions, boatUnity's services are limited to facilitating the connection between owners and renters for the rental or co-navigation of boats. Although boatUnity makes every effort to ensure the quality of its services, it cannot control the malicious behavior of users, nor systematically verify the content of all listings, the condition, legality, or suitability of boats in relation to the descriptions provided. Consequently, boatUnity disclaims all liability regarding listings, users, and boats. Any reservation is made at the sole risk of the renter and the owner.
4. USERS RATING AND REVIEWS
Within 14 days after the end of a reservation, users may mutually leave a public comment (the "Comment") and a star rating (the "Rating"). It will remain hidden until the other party leaves their review or until the end of the 14-day period. Afterward, reviews are posted on profiles and listings.
4.1. Ratings and Comments
• User Opinions: Ratings and Comments reflect the opinion of users and not that of boatUnity.
• Non-Verification by boatUnity: Ratings and Comments are not verified by boatUnity and may be unfounded or false.
• Content Requirements: Ratings and Comments must be truthful and must not contain any abusive or defamatory terms. Users can report a non-compliant comment to boatUnity by sending an email to contact@boatUnity.com.
• boatUnity's Rights: boatUnity reserves the right to delete any comment that violates the current rules at its sole discretion and to delete any user account in the event of repeated inappropriate comments.
• Public Visibility: Ratings and Comments are part of a member’s public profile and may also appear elsewhere on the boatUnity platform, including on listing pages.
4.2. Right to Respond and Deletion
• Comment Deletion: Users cannot delete a comment written by another user themselves.
• Right to Respond: Users have the right to respond to comments.
By adhering to these terms, users accept these rules regarding Ratings and Comments and agree to comply with them.
5. INSURANCE .
5.1 Owner’s Responsibility.
It is the sole and exclusive responsibility of the owners to ensure that the listed boats are properly and adequately insured for renter use, regardless of the user's nationality, the intended navigation area, or the boat's usual home port, and to provide a copy of their insurance policy on the boatUnity platform.
boatUnity's sole mission is to connect boat owners with renters and cannot be held responsible for material or bodily damages occurring before, during, or after a rental or co-sailing. The responsibility of having adequate and valid insurance for each boat rests solely with the owner.
By using the boatUnity platform, users accept these insurance conditions and acknowledge that it is their responsibility to verify and understand the applicable insurance coverage before any rental or co-sailing.
Failure to Insure: boatUnity shall not be held liable in any way for the owner's inability to properly insure their boat(s) and obtain appropriate insurance coverage.
By listing their boat for rental or co-sailing, the owner commits to not being in default of insurance, to having valid insurance for the rental periods, and to having insurance that complies with the rental or co-sailing activity.
5.2 Claims Handling.
Any claims related to material damages, losses, injuries, or other consequences occurring as a result of a rental or co-sailing must be directly managed by the boat owners with their own insurance. boatUnity does not intervene in the management of these claims and assumes no responsibility in this regard.
5.3 Insurance Policy.
• For Bareboat Charters (Professional Owner - Legal Entity or Individual): For a bareboat charter, the owner (whether an individual or an entity) must possess all required licenses up to date and commercial insurance in effect during the rental periods, covering the boat listed in their advertisement and offered for rental. The owner must ensure their insurance is current and covers all risks associated with renting out the boat, including material and bodily injuries. A copy of the insurance policy must be provided on the boatUnity platform.
• For Crewed Charters: For a crewed charter or co-sailing, it is the responsibility of the individual owner to have adequate insurance in effect at the time of the rental. The owner must ensure their personal insurance is current and covers all risks related to the use of the boat in this context, including material and bodily injuries. A copy of the insurance policy must be provided on the boatUnity platform.
Owners must ensure that their insurance complies with the legal requirements in effect in Canada, and more specifically in the jurisdiction where their rental or co-sailing activity takes place. By using the boatUnity platform, users acknowledge that boatUnity is exempt from any liability for any damage, loss, or injury that occurs or is incurred by the owner, the renter or any other third party during a rental.
5.4 Rental contract between the owner and the renter and inventory form.
For each rental, a rental/co-sailing agreement including a departure and return inventory must be completed and signed by the renter and the owner when taking possession of the boat. This checklist includes a presentation of the boat's condition and documents any pre-existing damage or damage that occurred during the rental/co-sailing.
On the day the boat is returned, the "return inventory" section of the agreement must be duly completed and signed by both users. Owners must take photos of the boat before the rental and upon its return, and be able to provide them to boatUnity in case of a claim.
This form is downloadable from the boatUnity platform and must be filled out on paper.
5.5 Consequence.
Failure to comply with the terms and conditions mentioned above may result in the immediate removal of the rental listing by boatUnity.
By using the services of boatUnity and accepting its Terms of Service, you agree that any legal action or liability claim you seek to pursue for actions or omissions by other "users" or third parties will be limited to a claim against the particular users or other third parties who caused you harm. You agree not to attempt to impose liability on boatUnity or seek legal or financial remedies regarding these actions or omissions. Therefore, we strongly encourage you to communicate directly with other users of the Services and to refer to your insurance policies for any disputes involving insurance.
6. LIABILITY
Although owners must list only boats in good working condition, unforeseeable damages may occur to a boat while it is under the control of a renter. The following conditions apply to assign responsibility for the costs.
6.1. Renter's Liability.
By taking possession of the boat and the equipment provided (fishing rod, wakeboard, water skis, and any other equipment) at the time of rental, the renter accepts the current condition of the boat and equipment and agrees to return the boat and rented equipment in the condition in which they were received, except for normal wear and tear. The renter acknowledges being solely responsible for their own actions and omissions as well as those of the individuals invited on board or given access to the boat and equipment. Thus, the renter is responsible for any damage that occurs during the rental period. It is the renter's sole responsibility to inspect the boat and equipment before taking possession to ensure there are no pre-existing damages.
Any damage caused to the boat or equipment by the renter (or any person authorized by the owner to use the boat or recreational equipment while they are under the renter’s control) through deliberate fault or negligence is the sole and exclusive responsibility of the renter. Negligence on the part of the renter is defined as a failure to exercise reasonable care that a prudent and reasonable person would take to avoid damage.
If, after the rental, the boat owner identifies damage to the boat or rented equipment and provides proof (photos, etc.) within fourteen (14) days, the renter agrees that the mechanism of the security deposit waiver will be activated.
6.1.1 Minor Damages
In the case of minor damages due to the renter’s negligence, the security deposit waiver may be activated at the owner’s request. The security deposit waiver is a contract that the renter accepts when confirming the booking as described in the section 8.5. It serves as a means of amicably resolving a dispute or minor damage incurred during a booking without involving the owner’s insurance. The security deposit waiver is not a security deposit collected during the booking. As its name suggests, the amount defined as a guarantee is neither debited nor blocked on the renter’s payment method used for the booking. However, by confirming the booking, the renter legally and morally commits to fairly compensating the owner in case of damage, up to the amount of the security deposit waiver stated in the listing by the owner.
This commitment will result in a new payment transaction up to the agreed amount between the owner and the renter to cover the costs of minor damage. By confirming the booking, the renter contractually and morally accepts that the owner can trigger the security deposit waiver procedure in case of minor damage.
If an amount of compensation cannot be agreed upon between the parties, BoatUnity may act as a mediator at the users’ request to resolve the dispute. In such cases, renters and boat owners agree to cooperate in good faith with BoatUnity, providing necessary information and taking required actions in case of claims or investigations regarding boats or personal belongings on board. Our dispute resolution center does not have the power to arbitrate or make decisions but will help the parties communicate effectively to reach a fair and impartial resolution and help determine the amount of the guarantee to be paid for the losses the boat owner wishes to be compensated for, up to the amount of the guarantee indicated in the owner’s listing.
If our team’s mediation does not lead to an amicable solution, BoatUnity will recommend that you take your dispute to the courts of your jurisdiction.
6.1.2 Major Damages
For more significant material and/or bodily damages, it is the owner’s responsibility to involve their insurance in accordance with Article 5, "Insurance" of our T&Cs.
If it is proven that the damage resulted from the renter's negligence, the owner has the right to activate the security deposit waiver mechanism described in section 6.1.1 above to cover all or part of the insurance deductible.
6.1.3 Boat Abandonment.
The renter is fully responsible for the safe return of the boat rented. Any boat determined abandoned by the renter will be treated as a renter cancellation and renter shall be morally, legally and financially liable to all costs associated with the boat being returned to the owner.
By confirming the booking, the user, both Owner and Renter, accepts our Terms and Conditions of Use and thereby releases boatUnity from any responsibility and any damage, loss, or injury incurred by the owner, the renter, or any other third party during a rental. Furthermore, boatUnity shall not be held liable for any amount related to damage resulting from a rental or co-navigation.
6.2 Owner Liability:
By using the boatUnity platform, each boat owner is subject to specific responsibilities essential for ensuring a safe and satisfactory rental and co-boating experience for users. These responsibilities include:
6.2.1. Inspections and Preventive Maintenance: Each owner is responsible for conducting regular thorough inspections and maintaining preventive maintenance on the boats they list for rental. This includes not only mechanical and electrical components but also the hull, safety equipment, and any other elements necessary for the proper operation and safety of the vessel. By anticipating potential issues and making necessary repairs before they become critical, owners contribute to the reliability and continuous safety of the boat for renters.
6.2.2. Responsibility for Mechanical Breakdowns: Owners assume full responsibility for mechanical breakdowns occurring during a rental or co-navigation. They are required to cover the costs of necessary repairs and to carry out these repairs promptly to minimize disruption for the renter. If a mechanical failure prevents the renter from using the boat, specific provisions outlined in the terms and conditions will be applied to resolve the situation.
6.2.3. Compliance and Safety: Owners must ensure each boat complies with all relevant maritime regulations before each rental. This includes verifying the general safety of the boat, mandatory safety equipment, as well as the necessary documents and permits for legal navigation of the vessel. They must also provide clear instructions on the safe and proper use of the boat to the renter, including emergency procedures and specific precautions.
6.2.4. boatUnity Disclaimer: It is expressly stated that boatUnity disclaims any liability to the owner for any indirect, special, incidental, consequential, exemplary, or punitive damages resulting from damage to a boat. This includes any financial loss resulting from the owner's inability to accept future bookings due to technical or mechanical issues.
By accepting these responsibilities, each owner contributes to maintaining high standards of safety and quality on the boatUnity platform, thereby ensuring a positive rental experience that aligns with contractual expectations for all users.
7. OBLIGATIONS
7.1. Obligations of Users
By using the boatUnity Site and Services, each user agrees to comply with the following responsibilities:
7.1.1. Compliance and Legal Use: The user agrees to use the Site and Services in accordance with these terms and conditions of use and applicable laws, acting ethically and responsibly in all interactions and transactions.
7.1.2. Accuracy of Information: The user is responsible for providing truthful, accurate, and up-to-date information for personal data and other required information, in compliance with the specific regulations defined in the boatUnity Terms of Use.
7.1.3. User Account Management: Each user is responsible for managing their user account, maintaining the confidentiality of their credentials, and ensuring that all actions taken through their account are legal and in accordance with the boatUnity Terms of Use. The user must also independently archive all rental contracts and other necessary information for documentation, proof, and accounting purposes.
7.1.4. Confidentiality and Security: The user must ensure the confidentiality of their account credentials and allow only personal use of their account, without sharing access information with unauthorized third parties.
7.1.5. Validation of Licenses and Qualifications: The user must be able to justify any qualifications and information mentioned in their profile, regardless of the type of rental (rental with captain or without captain). Only the user who rents a boat with a captain/co-navigation is exempt from providing a Pleasure Craft Operator Card (PCOC). Any other user, whether owner or renter, must be able to prove the validity of their PCOC.
7.1.6. Compliance with Administrative and Health Procedures: The user agrees to comply with all applicable administrative and health procedures when using boatUnity Services.
7.1.7. Contracts and Inventories: Each user is required to draft and sign a rental or co-navigation contract, including an initial inventory at the beginning of the rental period and a final inventory at the end of the rental period or when the vessel is returned in case of delay. Any reservations or observations must be recorded in writing on the contract.
7.1.8. Restriction on Sharing Contact Information: The user agrees not to disclose contact information such as email address, phone number, website address, company name, social media accounts, pickup locations, or any other means of direct contact with other users outside the boatUnity platform.
7.1.9. Consent to the Transmission of Personal Data: The user consents to boatUnity transmitting their personal data to the boat owner or the relevant service provider solely for the execution of the rental contract, provided that these third parties strictly comply with boatUnity's privacy policy.
7.1.10. Use of Data by boatUnity: By using boatUnity Services, the user expressly authorizes boatUnity to use the information provided to manage bookings, rental contracts, services, and financial transactions associated with the platform.
7.1.11. Valid Contact Information: The user must have a valid email address and mobile phone number for the entire duration of using the Service.
7.2 Specific obligations of Owners
Boat owners registered on the boatUnity platform must adhere to a set of strict obligations to ensure the safety and compliance of their vessels.
7.2.1. Boat Maintenance and Safety : Owners must conduct regular inspections of their boats to identify any operational or safety defects. They guarantee that the boat is always seaworthy, mechanically sound, and compliant with current inspection and registration requirements. Only boats with a clear title, not salvaged, and free of liens can be listed for rental or co-navigation.
7.2.2. Recalls and Safety Notices : The owner must promptly address any applicable recalls or safety notices and carry out the recommended actions before offering the boat for rental. If boatUnity determines that the boat does not meet reasonable safety and operational standards, it will notify the owner and reserves the right to remove or refuse the boat’s listing until issues are resolved.
7.2.3. Ownership and Registration : The owner must be able to justify their ownership of the vessel at all times and have regularly declared and/or registered the boat with the relevant authorities.
7.2.4. Vessel Compliance : The boat must match the rental listing description, be in perfect working order, up-to-date with maintenance, and regularly serviced. The vessel must have safety equipment in line with its navigation category, updated equipment, and enough life jackets for all onboard. The boat must be clean and free of damages other than those listed in the condition report.
7.2.5. Pricing and Transparency : The price listed on boatUnity should not exceed the public price listed on other platforms or publications.
7.2.6. Documentation and Insurance : The owner must have the Special Verification Register available if required. Liability or comprehensive insurance must be maintained and valid throughout the listing period. An insurance certificate must be provided upon request by boatUnity or the renter.
7.2.7. Renter Verification : The owner must verify the renter's identity before signing the rental contract and ensure the credit card used for payment belongs to the renter. The owner must also verify that the renter holds the necessary permits and qualifications for navigating the vessel.
7.2.8. Contracts and Documentation : The name on the rental or co-navigation contract must match the renter’s ID and the payment card used. The owner must inform the renter of any insurer liability limitations in the listing and/or contract. Upon request by boatUnity, the owner must provide the signed rental contract and any other documents needed to address a payment cancellation procedure.
7.2.9. Social and Fiscal Obligations : The owner undertakes to fulfill their social and fiscal obligations according to their status, acknowledging that boatUnity assumes no advisory obligation and cannot be held liable in this regard. In the context of co-navigation, captains/owners are reminded that this type of rental is strictly limited to cost-sharing for the ownership, maintenance, and use of the vessel, excluding any form of profit-making. The determination and calculation of expenses are the owner's sole responsibility. Should this obligation not be adhered to, the owner bears sole and exclusive responsibility for any reclassification of co-navigation as a commercial transport activity, along with the resulting financial consequences. boatUnity disclaims any liability for the consequences of such reclassification.
7.2.10. Billing and Anti-Circumvention : The owner must provide an invoice for the rental price upon the renter's request and agrees not to solicit users directly to enter into rental or co-navigation contracts outside the boatUnity platform.
7.3. Specific obligations of Renters
In addition to the User's obligations mentioned in section 7.1, tenants of boats listed on the boatUnity platform must adhere to a set of strict obligations to ensure the safety and compliance of the rental.
7.3.1. General Obligations
• Social and Fiscal Obligations : The tenant must comply with their social and tax obligations according to their status and understand that boatUnity has no advisory obligation and cannot be held liable in this regard.
• Checks and Notifications : Before signing the rental contract, the tenant must check the condition of the vessel, the validity of technical inspections, and the presence of safety equipment compliant with the navigation category and updated equipment. In case of any disputes or disagreements regarding the listing or the vessel, they must notify boatUnity through their user account within two hours of the start of the rental to claim a possible cancellation.
7.3.2. Bareboat Charter
• Owner of the Credit Card and Holder of PCOC : The tenant must be the owner of the credit card used for the boat reservation. They must hold the necessary Pleasure Craft Operator Card (PCOC) to operate the boat in the requested destination and must not be under any medical incapacity to navigate.
• Qualifications and Use : The tenant must have the necessary qualifications or appropriate licenses to navigate and provide the required information upon request. They must not exceed the number of persons corresponding to the boat's safety equipment and ensure that everyone on board wears a life jacket. The boat must be used responsibly for recreational navigation, in accordance with current maritime and customs legislation.
• Payment and Liability : The tenant commits to paying any fines incurred during the rental period and settling agreed amounts with the owner in case of a dispute, within the limit of the unrecovered security deposit. The amount corresponding to the "Reservation Offer" must be paid at the time of booking. Any additional services, such as fuel, water, and docking outside the home port, as well as any other services not included in the offer, must be paid according to boatUnity's indications.
• Prohibitions and Legal Responsibility : It is forbidden to sublet the boat, tow another boat, or transport passengers for a fee. Compliance with navigation laws and regulations is the sole responsibility of the users. They must guarantee and verify these conditions, thereby waiving any liability claims against boatUnity.
• Return of the Boat : The boat must be returned clean, within the agreed timeframe, and without damage other than those listed in the boat's description or the condition report established at the time of possession. The tenant must adhere to the agreed-upon pick-up and return times with the owner and return the boat with the same fuel level as at the beginning of the rental.
7.3.3. Charter with Captain
• Owner of the Credit Card : The tenant must be the owner of the credit card used for the boat reservation.
• Responsibilities and Use : For rentals with a captain or co-navigation, the tenant does not need to provide a Pleasure Craft Operator Card (PCOC). Since the captain or owner is at the helm, the tenant is not responsible for navigation or technical maintenance.
• Payment and Liability : The tenant must pay the amount of the "Reservation Offer" at the time of booking. Any additional services, such as fuel, water, and docking outside the home port, as well as any other services not included in the offer, must be paid according to boatUnity's indications.
• Return of the Boat : The tenant is not responsible for the return, cleaning, or fuel level of the boat since these tasks fall under the captain's or owner's responsibility.
7.4. boatUnity’s obligations
boatUnity commits to providing the services described on its platform diligently and in accordance with these General Terms of Use (GTU). The specific commitments of boatUnity towards its users include:
7.4.1. Ensuring Site Functionality : boatUnity will strive to maintain the Site in continuous operation and, as much as possible, in accordance with the specifications mentioned in Article 10 below. This includes managing outages and interruptions, as well as regularly updating the Site to improve its functionality and security.
7.4.2. Responding to User Requests : boatUnity commits to processing and responding to user requests related to the services offered as promptly as possible. Effective assistance will be provided to resolve any issues encountered by users.
7.4.3. Payment to Owners : boatUnity commits to disbursing the amounts due to owners in accordance with the conditions of Article 8. Payments will be made to the bank account specified by the owner.
7.4.4. Refunds to Renters : If necessary, boatUnity will refund renters in accordance with the conditions outlined in Article 9. Refunds will be handled promptly and transparently.
7.4.5. Documentation and Invoices : boatUnity will provide users, through their user account, with invoices related to boatUnity service fees. Additionally, a summary document of the gross amount received for transactions conducted via the service and the Site during the previous year will be available. This document will indicate the net amount received by the owner after deducting boatUnity service fees.
7.4.6. Security of Personal Information : boatUnity commits to protecting users' personal information and sharing it only with parties necessary for the execution of services, in accordance with its privacy policy.
8. PAYMENT TERMS
8.1. Rental Fees
8.1.1. Definition and Composition of Rental Fees:
Rental fees (hereinafter "Rental Fees") refer to the total amount paid by the renter (hereinafter "Renter") or the co-navigator (hereinafter "Co-navigator") for the use of a boat or for a co-navigation experience (hereinafter "the Rental") via the boatUnity platform (hereinafter "the Platform"). Rental Fees include:
• The base rate set by the boat owner (hereinafter "Owner") or the co-navigation captain (hereinafter "Captain") for the day or half-day.
• Additional fees for optional services selected by the Renter (e.g., additional equipment, on-board sandwich, etc.).
• Applicable taxes according to the relevant jurisdiction.
8.1.2. Payment Methods and Refund of Rental Fees :
Rental Fees are paid by the Renter via PayPal or Stripe on the boatUnity Platform at the time of booking. Payment is made using the payment method provided by the Renter. In case of cancellation of the reservation by the Renter or the Owner/Captain, the Rental Fees may be refunded according to the cancellation conditions specified in Article 9.
8.1.3. Use of Rental Fees
• In the case of a boat rental with a captain / co-navigation, the Rental Fees collected by the Owner/Captain may be used to cover the costs related to making the boat available or organizing the co-navigation, including boat maintenance, fuel costs, and any other operational expenses such as storage fees for the boat. The Owner is responsible for setting the amount of these fees, capped at the pro-rata use by the renters. The Owner agrees not to derive any profit from this co-navigation activity. Otherwise, he acknowledges that the co-navigation activity must be requalified as a transport activity. boatUnity cannot be held responsible for any consequences arising from such requalification.
• In the context of renting a boat without a captain, the professional owner engages in a commercial activity. Therefore, they are free to set the rental fees as they wish, while staying within the market range for the type of boat being rented. However, the boat owner must not offer a rental price higher than the rate listed on their own website or on other rental platforms. The owner is also responsible for reporting their corresponding income, a responsibility that does not fall on boatUnity.
8.1.4. Modification of Rental Fees
The Owner/Captain may modify the base rates of the Rental at any time. However, rate changes will not affect already confirmed reservations or ongoing reservations.
8.2. Service Fees
8.2.1. Definition, Nature, and Collection Conditions of Service Fees
Service fees (hereinafter "Service Fees") are amounts collected by boatUnity in return for the use of the Platform and associated services.
These fees, borne by the Renter, cover the costs of operation, maintenance, hosting, security, and customer support of the Platform.
Service Fees are distinct from the rental price of the boat or co-navigation (defined as "Rental Fees" above). They are added to the total amount of the reservation and are the responsibility of the booking user (hereinafter "Renter" / "Co-navigator").
The amount of Service Fees is calculated as a fixed or variable percentage of the Rental Price, as indicated at the time of booking. The applicable rates are clearly displayed on the Platform before booking confirmation. Service Fees are collected by boatUnity at the time of booking confirmation. They are charged to the payment method provided by the Renter, at the same time as the Rental Price. In case of cancellation, Service Fees may be non-refundable, according to the general terms and conditions of the Platform.
8.2.2. Information and Transparency of Service Fees
boatUnity is committed to providing users with clear and transparent information about Service Fees. The exact amount of Service Fees is indicated before the validation of each reservation. By confirming their reservation, users expressly accept the Service Fees. The Service Fees collected by boatUnity are used to fund the development and continuous improvement of the Platform, the provision of quality customer support, and to ensure the security and reliability of transactions carried out on the Platform.
8.2.3. Modification of Service Fees
boatUnity reserves the right to modify the Service Fee rates at any time. Any rate change will only apply to reservations made after the change date.
8.3. Commissions
8.3.1. Definition, Nature, and Calculation of Commissions
Commissions on boatUnity are service fees collected by the Platform for each transaction between a Renter (or Co-navigator) and a boat Owner (or Captain). These fees, borne exclusively by the Owner, consist of a percentage of the total rental or co-navigation price. The amount of the commissions is clearly indicated in the financial conditions presented to the Owner before confirming each reservation.
8.3.2. Responsibility and Due Date of Commissions
Commissions are the exclusive responsibility of the boat Owner. They are automatically deducted from the total amount paid by the Renter before the balance is transferred to the Owner. Commissions are due as soon as the reservation is confirmed. By accepting the General Terms of Use, the Owner agrees that the commissions will be automatically deducted from their payments and acknowledges their obligation to pay them to boatUnity.
8.3.3. Information and Transparency of Commissions
boatUnity is committed to informing Owners clearly and transparently about the amount of commissions. This information is available at any time in the Owner's account and in the details of each reservation.
8.3.4. Modification of Commissions
boatUnity reserves the right to modify commission rates and fixed fees at any time. Any modification will be notified to users by electronic means (email) or directly on the Platform and will take effect after a reasonable notice period. By using boatUnity services and accepting these General Terms of Use, Owners acknowledge and accept the terms related to commissions and agree to comply with them.
8.3.5. Payment to Owner
boatUnity will pay the Owner the rental amount, less the service fees and commissions, 14 days after the end of the reservation. This buffer period is the time during which a dispute may arise. boatUnity will therefore pay the amount due to the Owner when the reservation is free of any disputes.
8.4. Payment
Renters are responsible for paying all fees when booking on boatUnity, including, but not limited to, non-retained security deposits, rental fees, service fees, usage fees, fines/penalties, franchises, damages. Renters will also be responsible for all costs related to any bills and fines incurred during the rental period.
8.5. Non-Retained Security Deposit
8.5.1. Purpose and Terms of the Non-Retained Security Deposit
The non-retained security deposit (hereinafter "Non-Retained Security Deposit") is intended to cover costs not covered by the insurance policy in case of damage caused to the boat while it is in the Renter's possession. This Security Deposit is not held in escrow by boatUnity. Confirmation of the reservation indicates acceptance by the Renter and constitutes a moral and legal commitment. The Owner has 14 days after the date and time of the end of the rental to report the damage to the Renter.
• If within this period, no damage is reported by the Owner, the Renter is released from any obligation regarding the Security Deposit.
• In case of damage, the Owner can open a dispute file on their boatUnity account under the section "My listings > my bookings". The Owner and the Renter must reach an amicable agreement to resolve the dispute and compensate the Owner fairly.
• At the request of either user, boatUnity may be requested as a mediator in the conflict, and its role will be strictly limited to mediation between the two users. boatUnity will in no case be responsible for paying any amount related to damage resulting from a rental.
8.5.2. boatUnity Disclaimer
boatUnity will not be responsible for managing any disputes between Users. Furthermore, boatUnity is not responsible for the Security Deposit nor for the payment of amounts due regarding this Security Deposit by the Renter to the Owner in case of a dispute.
8.6. Taxes
The fees (including the Security Deposit, Rental Fees, and Service Fees) are indicated on the boatUnity Platform All Taxes Included (ATI). Users and not boatUnity are responsible for determining their tax obligations, paying all applicable Taxes, and ensuring compliance with all applicable tax requirements, including income tax, sales tax, value-added tax, and any other federal, provincial, and/or municipal taxes that may apply to a particular transaction. It is the responsibility of Owners to account for these Taxes in the development of their rental offer and to remit them to the relevant tax authorities.
8.7. Fraudulent Transactions
boatUnity reserves the right to suspend the processing of any transaction when we reasonably believe that the transaction may be fraudulent, illegal, or involves criminal activity. If a user disputes a transaction or payment, the user agrees to assist us in complying with laws and rules or policies related to cards or financial institutions.
8.8. Owner Penalties
The Owner, after being put in contact with a Renter through boatUnity, is responsible for maintaining proper communication with the Renter. The Owner understands and agrees to be subject to penalties after a total of four (4) canceled and/or expired reservations. An expired reservation is defined as the Owner's failure to respond to a potential Renter's reservation request within the allotted time, regardless of whether the reservation is pre-accepted or declined. The allotted time to respond to a reservation request is twenty-four (24) hours from the moment the reservation request is sent.
Penalty Schedule
Beyond four (4) cancellations, the following penalties will apply:
• For any reservation canceled more than seven (7) days before the departure date, a penalty of $100 per cancellation will be applied.
• For any reservation canceled less than seven (7) days before the departure date, a penalty of $200 per cancellation will be applied.
boatUnity reserves the right to modify the penalty schedule at its discretion. boatUnity also reserves the right to withhold future payments to cover any penalties due. The penalty will be automatically deducted by boatUnity from the Owner's subsequent transactions made through our services, whether via our platform or application.
9. CANCELLATIONS AND REFUNDS
Any cancellation giving the rigth to a full, a partial or a null refund must be notifed to boatUnity in advance in writing via the user accounts, under the section «Your Trips » and by clicking on the cancellation link
A cancellation only becomes effective after boatUnity has sent back an e-mail notifying the cancellation.
9.1. Cancellation for Force Majeure
Cancellations resulting in a full, partial, or no refund must be communicated in writing to boatUnity via the user account in the "Your trips" section by clicking on the cancellation link. A cancellation is considered effective only after receiving a confirmation email from boatUnity.
Force Majeure: The following events are considered force majeure:
• Special weather bulletins preventing any nautical outing (sea, lake, or river)
• Natural disasters, fires, storms, floods, wars, acts of terrorism, internal strikes, illnesses, electrical surges, cooling system or computer equipment failures, blockages or slowdowns of electronic communication networks
• Pandemics, unforeseen government restrictions
• Any other unforeseeable event beyond the control of boatUnity and its users
In the event of force majeure related to the weather, any User benefiting from boatUnity's weather guarantee may request (i) the postponement of the reservation to a later date or (ii) the cancellation of the reservation, provided that they justify these circumstances in writing within 12 hours of the scheduled time of taking possession of the boat.
For a reservation of more than one day, boatUnity will not offer a refund, but the Renter can postpone the reservation. No liability can be attributed to boatUnity.
For a reservation of one day or less, boatUnity will refund the billed amount, minus service fees, in the form of a credit valid for one year. The Owner will not receive the corresponding amount.
For reservations with a Professional Owner, the latter's commercial conditions prevail. In the event of a refund, the Professional Owner will refund the Renter's Price minus service fees, which will be refunded by boatUnity in the form of a credit valid for one year.
9.2. Cancellation by the Owner
Owners are only authorized to cancel a confirmed reservation in the following cases:
• Force majeure
• The Renter's inability to provide the necessary documents (certificates, qualifications, boat license) before taking possession of the boat. Without these documents, the Renter cannot demand a refund, and the Owner will receive the due amount, minus boatUnity service fees.
• Inadequate skills of the Renter to maneuver the boat safely, even if they have provided their nautical CV.
• Serious personal reason accepted by boatUnity. In this case, boatUnity will attempt to offer an equivalent rental. If no alternative is available, the refund conditions will apply.
In case of cancellation by the Owner, they will not receive the Rental Price. The Renter will be fully refunded the Renter's Price (less service fees) within fourteen (14) days.
If a cancellation is deemed abusive by boatUnity (outside the provided exceptions), after two (2) abusive cancellations, boatUnity may delete the Owner's User account.
After four (4) cancellations, whether abusive or not, the Owner will be penalized in accordance with article 8.8 of these General Terms and Conditions of Use.
9.3. Cancellation by the Renter
The Renter may cancel the reservation according to the cancellation conditions defined by the Owner in their listing. boatUnity will refund the Renter's Price according to these conditions, minus service fees, within fourteen (14) days.
For rentals with a Professional Owner, their own cancellation conditions apply without engaging boatUnity's responsibility.
9.3.1. If the boat does not match the listing
The Renter must report any misleading listing with supporting evidence. boatUnity cannot be held responsible for inaccurate information provided in the listings.
• If the Renter maintains their reservation despite a non-conformity, they waive any refund.
• If the Renter wishes to cancel, they must inform boatUnity within two hours of the start of the rental to be eligible for a refund, minus service fees, within fourteen (14) days.
9.3.2. In case of breakdown during the rental
boatUnity is not responsible for mechanical breakdowns during a rental. The Owner is responsible for the repair.
• If the Renter maintains the reservation, they waive any refund request.
• If the Renter wishes to cancel, they must report it to boatUnity within 24 hours of the end of the reservation. boatUnity will refund proportionally for the unused days or hours, minus service fees, within fourteen (14) days.
Valid cancellation conditions are as follows: (i) For a reservation of more than 24 hours, cancellation is possible if the breakdown deprives the Renter of the boat for more than 23 hours. (ii) For a reservation of a day or half-day, cancellation is possible if the deprivation lasts more than two hours.
9.4. Cancellation by boatUnity
boatUnity may cancel a reservation in exceptional cases (misleading listings, non-compliance with the Owner's obligations, non-compliance with safety standards, etc.). boatUnity will attempt to offer an equivalent rental or a credit valid for one year. If no alternative is available, the Renter will be fully refunded without engaging boatUnity's responsibility.
9.5. Mutual Termination Clause
BoatUnity and the user can terminate the contract by mutual agreement, without fees or penalties, at any time. This termination must be confirmed in writing.
9.6. Penalty Clause
In the event of an unjustified cancellation, boatUnity reserves the right to impose specific and reasonable penalties. The details of these penalties will be communicated at the time of the cancellation notification based on the situation that led to the cancellation.
9.7. Claim and Dispute Clause
In the event of disagreement over cancellations and refunds, claims must be submitted in writing to boatUnity. Any dispute will be subject to the exclusive jurisdiction of the courts of the defendant's domicile.
10. USE OF THE WEBSITE, APP AND SERVICES
10.1. Restrictions on Use
By using our website, the boatUnity application, and associated services, you agree not to:
• Use content without explicit permission;
• Upload, post, transmit, or make available any material that:
◦ Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, or otherwise objectionable;
◦ Violates intellectual property rights or contractual obligations;
◦ Contains unsolicited advertising, malware, or false statements;
◦ Use the services for fraudulent purposes;
◦ Impersonate others or misrepresent your affiliation;
◦ Interfere with the website, servers, or networks;
• Collect or store personal data of other users outside of necessary transactions;
• Commercially exploit our website or application without authorization;
• Modify, translate, or create derivative works of the boatUnity application.
We reserve the right to restrict, suspend, or terminate your account in case of violation of these terms.
10.2. Conduct Rules and Messaging Use
By accessing and using our website, application, and services, you agree to:
• Provide accurate and up-to-date registration information;
• Ensure the security of your login information and account access. We disclaim all liability for damages resulting from unauthorized use of your account or password, including fraudulent access and misuse of your credit card information. Please notify us immediately if you suspect or detect unauthorized use of your credentials or any other security breach;
• Comply with all reasonable requirements of the party with whom you enter into a boat rental contract;
• Use messaging services respectfully, avoiding any threatening, harassing, or harmful behavior. We reserve the right to monitor these communications without prior consent and to suspend or terminate your access in case of non-compliance with these requirements, in addition to taking appropriate legal action.
10.3. Behavior of Other Users and Handling Complaints
We are not responsible for the actions of other users. If you believe a user has acted inappropriately, please inform us via the feedback features. We will take appropriate action after reviewing your complaint. By submitting a complaint, you agree that your identity may be disclosed to the concerned user to facilitate the resolution of your complaint.
10.4. Circumvention Prohibition
It is strictly forbidden to bypass the boatUnity platform to avoid service fees, notably by using the platform to find renters or boats and then entering into contracts outside the platform. boatUnity reserves the right to monitor and exclude users engaged in such practices.
10.5. Security and Reporting
You agree to:
• Maintain the security of your personal information and notify us immediately if you suspect a violation;
• Report any suspicious or inappropriate behavior by other users so that we can take appropriate measures to ensure the safety of our community.
10.6. Compliance with Laws and Regulations
You must:
• Comply with all applicable local, provincial, national, or international laws and regulations;
• Not use the website, application, or services for illegal or unauthorized purposes.
11. LICENSE AND USER’S CONTENT TERMS
11.1. User Content
All elements such as information, data, text, software, graphics, videos, messages, including but not limited to, boat photos, boat listing information, pricing information, and user contact details, whether publicly posted or privately transmitted on the website by users (collectively referred to as "user content"), are the sole responsibility of those users. Therefore, users, and not boatUnity, bear full responsibility for any material downloaded, posted, emailed, transmitted, or otherwise made available through the Service. boatUnity does not actively monitor or control user content and, consequently, does not guarantee the accuracy, integrity, or quality of such content. Users acknowledge that the use of our services may expose them to inaccurate, offensive, indecent, or objectionable materials.
boatUnity disclaims all responsibility for any material, including, without limitation, any errors or omissions in any material or any failure or error, as well as any loss or damage of any kind resulting from the viewing or use of any material posted, emailed, transmitted, or otherwise made available via our services.
11.2. User Content License
By submitting, posting, or displaying user content on or through our services, you grant boatUnity (and its agents) a non-exclusive, royalty-free license, with the right to sublicense, to use, copy, modify, transmit, display, and distribute such user content for the purpose of providing our services. boatUnity shall not be liable for any use of user content in accordance with these terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights related to the user content you submit.
11.3. End User License
The website, application, and the information and materials they contain (excluding the information and materials provided by the users of the services) are the property of boatUnity and its licensors and are protected against unauthorized copying and distribution by copyright, trademark law, and other intellectual property laws. Subject to these terms of use, boatUnity grants you a non-transferable, non-exclusive license to use the website for your personal use (the "License"). Nothing in these terms of use gives you the right to use the brand names, trademarks, logos, domain names, and other distinctive brand features without the prior written consent of boatUnity. You must not attempt to circumvent or bypass any rules or restrictions on the use of the website. Any future version, update, or addition to the functionality of the website will be subject to these terms of use.
11.4. Feedback
By providing suggestions, comments, or other feedback regarding any aspect of the website and/or our services (collectively referred to as "Feedback"), you agree that we may use such Feedback on the website and the service and/or in any other product or service (collectively referred to as the "boatUnity Offerings"). Consequently, you agree that: (a) we are not subject to any confidentiality obligations concerning the Feedback, (b) the Feedback does not constitute confidential or proprietary information from you or any third party and that you have all the rights necessary to disclose the Feedback to us, (c) boatUnity (including all its successors and assigns of any of the boatUnity Offerings) may freely use, reproduce, publish, license, distribute, and otherwise commercialize the Feedback in any boatUnity Offering, and (d) you are not entitled to any compensation or reimbursement of any kind concerning the Feedback.
12. DISCLAIMER; LIMITATION OF LIABILITY
12.1. No Verification; Endorsement
Since we do not supervise or control interactions between renters and owners, and boatUnity cannot guarantee the true identity, age, or nationality of owners or renters, and we have very limited control over the legality, truthfulness, or accuracy of various aspects of the website, services, and user content they contain, you agree to assume all risks and release boatUnity (as well as its officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third-party partners) from any liability, cost, expense, or other damage of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, present and future, arising from or in any way related to your use of our services, interactions and transactions between renters and owners, transactions with third parties, and our resolution of any disputes between renters and owners. You further waive all rights and benefits conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a waiver or release. Notwithstanding the foregoing, in the event of damages occurring to a boat during the rental period or the delivery period (e.g., when the owner delivers the boat to a renter), such damages must be covered by the owner’s insurance policy.
12.2. Service Disclaimer
Except as expressly provided in our General Terms of Use (GTU) regarding the liability and obligations of boatUnity, we provide only a booking platform and expressly disclaim all liability related to your interaction with, or receipt of services from, owners or renters, including any theft, loss, or damage to your property, including recreational boats. You acknowledge that the Internet is not a secure medium and that confidentiality cannot be guaranteed. Data transmission over the Internet, including, but not limited to, personal and payment information, is vulnerable to interception and tampering.
We shall not be liable for any damages you or any third party may suffer due to the transmission of confidential information you provide to us via the Internet, or that you expressly or implicitly authorize us to make, or for any error or alteration made to the transmitted information.
12.3. Limitation of Liability
boatUnity reminds users that it is not a party to rental or co-navigation contracts entered into between users. Except as expressly provided in our GTU regarding the liability and obligations of boatUnity, we shall not be liable for any damages of any kind, whether arising in contract (including breach of this agreement), tort, negligence, or any other legal theory, arising out of or in connection with your use, or inability to use or access our services, including, without limitation, indirect, special, incidental, consequential, exemplary, or punitive damages, including, but not limited to, bodily injury, pain and suffering, emotional distress, loss of income, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, business interruptions, missed opportunities, theft, damage or loss of your personal property while stored by an owner, whether caused by tort (including negligence and strict liability), breach of contract, or otherwise, even if foreseeable. Consequently, users waive the right to hold boatUnity liable in this regard. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
12.4. Absence of Liability
Except as expressly provided in our GTU regarding the liability of boatUnity: (i) we shall not be liable for any losses not caused by our breach of contract or negligence, including, but not limited to, losses resulting from fraudulent transactions and losses, damages, injuries, or theft of personal property, including recreational boats; (ii) any actions, inactions, errors, omissions, representations, warranties, breaches, or negligence of any user or for any personal injury, death, property damage, or other expenses resulting therefrom; (iii) any actions, inactions, errors, omissions, representations, warranties, breaches, or negligence of owners or renters or for any personal injury, death, property damage, or other damages or expenses resulting therefrom; (iv) any indirect losses (meaning a loss to you that is a side effect of the main loss or damage and where we could not reasonably foresee such loss occurring at the time of the conclusion of this agreement); (v) any failures in the supply or performance of any of our obligations under this agreement where such delay, cancellation, or failure is due to events beyond our control (e.g., network failures, Internet delays, rerouting acts of any government or authority, acts of nature, telecommunications equipment failures, other equipment failures, power outages, strikes, labor disputes, riots, insurrections, civil disturbances, labor or material shortages, fires, floods, storms, explosions, force majeure, governmental actions, court or tribunal orders, non-performance by third parties, weather or road conditions, and failures); (vi) if for any reason, any part of our services is unavailable at any time or for any period; or (vii) any violation by a user of any applicable law, rule, regulation, or regulation; (viii) any breach of any agreement between renters and owners; (ix) any breach of any representation or warranty made by a user in connection with the services; or (x) any losses suffered by you or any third party resulting from your inability to obtain adequate insurance coverage for boat rental.
12.5. Exclusion of Warranty
Our services are provided "as is" and we make no representations, warranties, or conditions, express or implied, including any representation, warranty, or condition that the website, application, content, or any service will be accurate, reliable, timely, secure, error-free, or uninterrupted, that defects will be corrected, that the website or application will be free of viruses or other harmful components, or that any service obtained will meet your needs or expectations.
All statutory warranties and conditions are excluded to the maximum extent permitted by law, and you hereby waive any statutory warranties to the maximum extent permitted by law. Your use of the services and the website is entirely at your own risk.
boatUnity does not guarantee that the services provided will be error-free, continuous, secure, or available at all times. boatUnity disclaims all liability for any loss of profits, business interruption, loss of data, or indirect, special, consequential, exemplary, or punitive damages arising from the use or inability to use the services, even if boatUnity has been advised of the possibility of such damages. The total liability of boatUnity to the user, whether in contract, tort, or otherwise, will be limited to the total fees paid by the user to boatUnity for the use of the services during the six (6) months preceding the event giving rise to the liability.
13. INDEMNITY
The user (owner or renter) shall indemnify, defend, and hold boatUnity (including its officers, directors, agents, and employees) harmless from any liability, damage, loss, expense, claim, demand, lawsuit, fine, and/or judgment (collectively "Claims"), including reasonable attorney’s fees, costs, and fees, arising out of or related to: (a) bodily injury (including death) or damage to tangible personal or real property caused by an act, error, omission, or fault of the user; (b) the violation of any law or regulation by the user (including, without limitation, any privacy or personal information protection law or regulation); or (c) the violation of any material warranty or condition of this Agreement by the user.
14. GENERAL TERMS
14.1. Termination
We reserve the right, under certain circumstances and without prior notice, to immediately terminate your access to our services, in whole or in part. Grounds for such termination may include, but are not limited to: (a) any breach of these terms of use or any other agreement in effect with us (including, but not limited to, non-payment of amounts due for services), (b) requests from law enforcement or other governmental authorities, (c) a request by you, (d) discontinuation or substantial modification of the website or its parts, (e) unforeseen technical, security, or legal issues, and (f) your direct or indirect involvement in fraudulent or illegal activities. Termination of your access may also result in the deletion of all or part of the content uploaded by you. You acknowledge and agree that such terminations are carried out at our sole discretion and that we are not liable to you or any third party for the deletion of your access or any material uploaded by you on the website. Any termination by us is in addition to all other rights and remedies we have.
14.2. Availability and Updates
We reserve the right to modify, suspend, or discontinue the website and/or services at any time and for any reason, with or without notice. The website and/or services may be periodically inaccessible due to maintenance, computer or network equipment malfunction, or for other reasons. We may also add or update the information and materials available through the services without notice.
14.3. Security
Information transmitted over the Internet is generally not secure, and we cannot guarantee the security of communications to or from the website, nor can we guarantee against third-party interception of personal or other information. You are responsible for protecting the password used to access our services and for actions taken under that password. You agree to protect your password. We disclaim any responsibility for any loss or damage resulting from your failure to comply with these requirements.
14.4. Entire Agreement, Severability, No Waiver, and Governing Law
These terms of use and all referenced documents constitute the entire agreement between the parties regarding the website and associated services. Any modification of these terms must be made by republishing the terms of use issued by us. If any provision of these terms is found to be illegal, void, or unenforceable, that provision will be severed, without affecting the validity and enforceability of the remaining provisions. Our failure to exercise or enforce any right or provision does not constitute a waiver of that right or provision, unless agreed to in writing. You may not assign these terms of use, rights, or licenses granted without our prior written consent. We may assign these terms without restriction. These terms of use are governed by the laws of the province of Quebec, without regard to conflict of laws principles.
14.5. Contact
For any questions regarding these terms of use, or to make any claims or comments regarding the website or our services, please contact us at: contact@boatunity.com