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.
7.1.11.
Registration, Insurance, and Regulatory Compliance of Vessels: The Owner
is solely responsible for ensuring that their vessel complies at all
times with Transport Canada requirements, as well as all applicable tax,
insurance, and regulatory obligations.
7.2.11.1 Insurance – Mandatory or Strongly
Recommended
The Owner must
ensure that their vessel is covered by a valid insurance policy,
currently in force, and specifically adapted to rental or co-navigation
use. While federal law does not systematically mandate this insurance,
it is required for any commercial activity, such as captain-chartered
rentals or recurring rentals, and is mandatory for any vessel listed on
the boatUnity platform.
In
the absence of adequate coverage, any rental is carried out at the
Owner’s sole risk, and the Owner may be held solely liable in the event
of an incident, damage, loss, or claim. boatUnity expressly disclaims
all liability in this regard.
7.2.11.2 Co-navigation
When the activity is strictly limited to cost-sharing, with no
intent of profit, it is considered a non-commercial recreational
activity. The vessel may then retain its registration as a pleasure
craft, provided the Owner derives no financial gain.
Any form
of profit or additional service provision may result in the activity
being reclassified as commercial transport, requiring a change of the
vessel’s status and triggering additional legal
obligations.
7.2.11.3
Bareboat Charter (Uncrewed Rental)
If the Owner rents out their vessel without crew to a renter
who uses it exclusively for recreational purposes, the vessel may, under
Transport Canada guidelines, retain its registration as a pleasure
craft.
However, this remains a commercial activity from both a
tax and legal standpoint. The Owner must therefore ensure
that:
•
their insurance policy explicitly covers bareboat
chartering;
• the rental complies with all
applicable safety and regulatory conditions;
•
income from the rental is declared as commercial revenue,
where required.
If the
vessel is used for commercial purposes by the renter or rented out
frequently, Transport Canada may require the vessel to be reclassified
as a commercial vessel.
7.2.11.4 Rentals With Captain or Services
If the Owner provides a captain, crew, or
professional services (e.g., catering, entertainment, guided tours), the
vessel must be registered as a commercial vessel and covered by
appropriate commercial insurance.
Failure to comply
with these obligations may result in sanctions by the competent
authorities. boatUnity disclaims any liability related to the
registration, insurance, or regulatory compliance of vessels made
available through its
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
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.