Service Agreement with Boat Owners -

Service Agreement between Boat Owners and Book My Boat Pty Ltd

These terms and conditions outline the terms of the contract between Book My Boat Pty Ltd (we, us or Book my Boat) and each Owner (you) who creates a listing for a boat on the website www.bookmyboat.com.au

• By creating and maintaining a listing you accept these Terms and Conditions in full.
• Do not continue to use Book My Boat’s website and remove your listings if you do not accept all of the terms and conditions included in this document.

Book My Boat can update these terms and conditions at any time without notice to you, but any listings created following an update will occur under the updated terms.

1. Service Operation

Book My Boat will make available a platform capable of facilitating communication and payment transactions between Members. Book My Boat will:

(i) Provide the marketplace to facilitate the hiring of Boats, and other Services from time to time; and

(ii) serve as the limited agent of each Owner for the sole purpose of providing invoices to Renters and accepting payments from Renters on behalf of the Owner.

You must:

(iii) Create and maintain the listings for your Boats;

(iv) Comply with Book My Boats procedures and policies, including the code of conduct, as set out on this Website from time to time;

(v) Engage with Renters who are considering hiring, or have hired, your Boat;

(vi) Paying Book My Boat the fees set out in the Fees Policy

2. Membership and Account Registration

Book My Boat operates an online marketplace designed to facilitate the listing and booking of Boats that are suitably registered and made available for hire. Your listings can be viewed by the general public. However, if a person wants to hire a boat or create a listing they must first register and create a profile with Book My Boat.
By signing up as an Owner on Book My Boat and creating a listing, you represent that you are either the owner of the Boat being listed, or the duly appointed agent of the owner with authority to take this action.

As an Owner, your account will be active and provide you access as both a boat Owner and a rental Customer.You agree to provide and maintain accurate, current and complete information. Book My Boat reserves the right to suspend or remove your Book My Boat Account/s if you create more than two Accounts or if any information provided during the registration process or thereafter is deemed to be false, misleading or out dated.
You are responsible for safeguarding your password. Book My Boat is not responsible for any fraudulent or suspicious activity on your account. You agree that you will contact Book My Boat if you observe or witness any unauthorized activity on your account. Book My Boats accounts are non-transferable. Members are liable for all losses they may incur when lost or stolen payment credentials or accounts are used to purchase products or services.

3. Vessel Listing

As an Owner, you can create listings advertising your Boat for rent. To do so you will need to complete the listing process which requires information related to commercial registration, insurance, equipment on the vessel, vessel specifications and photos, optional extras available for hire, calendar availability, financial information including listing price, security deposit value and bank account details for where you’d like to receive payments etc. Once all this information is entered a listing will automatically be created.
You acknowledge and agree that you are responsible for any and all listings you post. Accordingly, you represent and warrant that any listing you create and any rental you accept:

(i) will not breach any agreements you have with any third parties and

(ii) comply with all applicable laws, rules and regulations that may apply to any Boat included in your Listing, including, but not limited to, insurance requirements, AMSA regulations

Book My Boat reserves the right, at any time and without prior notice, but without obligation to do so, to remove or suspend access to any Listing for any reason, in its sole discretion, including Listings that Book My Boat considers to be objectionable, in violation of these Terms or otherwise harmful to the website or our services. You understand and agree that Book My Boat does not act as an insurer or as a contracting agent for you as an Owner. Agreements made for hiring a Boat are between the You and the Renter. Book My Boat make certain tools available - including a star rating system to both Owners and Renters -to assist with making informed decisions about whether or not to engage in transactions based on the previous experience of other members.

4. You Choose your Renters

Book My Boat provides a marketplace and platform where you can engage with Renters for your Boat. You have full discretion in relation to accepting a Rental request for your Boat. You should make your own enquiries in relation to each rental query and to the extent you believe necessary, impose conditions suitable to that situation on the rental. Consequently, Book My Boat takes no responsibility in relation to the actions of Renter or the outcome of the Rental for your Boat.

5. Book My Boat Appointed as Your Limited Payment and Invoicing Agent

By listing a Boat you appoint Book My Boat as your limited agent solely for the purpose of issuing invoices and collecting payments made by Renters. You acknowledge and accept that the rental and other prices listed by you are inclusive of the Book My Boat Service Fees. You accept and agree that the payment system used by Book My Boat will only pay you the Boat Fee and will deduct any fees due to Book My Boat. You agree that as the payment agent, Book My Boat will accept Rental Fees on your behalf. You agree that Book My Boat may, in accordance with the Cancellation Policy permit the Renter to cancel the booking. You will pay the Administration Fee (or equivalent) to Book My Boat as set out in the Cancellation Policy if you are responsible for the cancellation.

6. Listing and other content on the Website

You are responsible for your Listings and any content related to it. By providing information or content, you warrant that:
• You are the owner of the content or have sufficient rights to provide the content.
• Your content does not and will not infringe any other persons rights, or defame any other persons • Your content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code.

If you upload content when making a Listing, or engaging with the Website, you grant Book My Boat an unrestricted, perpetual and irrevocable royalty-free right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content.

7. Website Availablity

This website is provided “as is” without any representations or warranties, express or implied. Book My Boat makes no representations or warranties in relation to this website or the information and materials provided. Book My Boat does not warrant that:
• this website will be constantly available, or available at all; or
• that the information on this website is complete, true, accurate or non-misleading.
and to the extent permitted by law, disclaims all liability for loss and damage which you may suffer related to or in connection with the website.

Last Updated: 28th June 2023