Terms of Service
Last Updated: 27th June, 2018

1. Introduction & General Terms

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE STATES & COUNTRY. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW MARINA, STATE & NATIONAL LAWS BEFORE LISTING A SPACE ON BOATA.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS BOATA SERVICES IN ANY MANNER.

If you are using the Site, Application or Services you are contracting with Boata pty ltd. This includes Boata Payments, messaging service and all associated software and services linked with the site.

Boata pty ltd provides an online platform that connects hosts who have charter vessels to rent with guests seeking to hire such vessels (collectively, the "Services"), which Services are accessible at https://demo.boata.com.au/about/terms_of_service and any other websites through which Boata makes the Services available (collectively, the "Site") and as applications for mobile devices (the "Application"). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Boata. Please also read carefully our Privacy Policy at https://demo.boata.com.au/about/privacy_policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS MAY CREATE LISTINGS FOR HIRE AND GUESTS MAY LEARN ABOUT AND BOOK THE LISTINGS DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT Boata IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS Boata A REAL ESTATE BROKER, AGENT OR INSURER. Boata HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY Vessels, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

2. Definitions

"Boata Content" means all Content that Boata makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

"Booking Request Period" means the time period starting from the time when a booking is requested by a Guest (as determined by Boata in its sole discretion), within which a Host may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.

"Collective Content" means Member Content and Boata Content.

"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

"Guest" means a Member who requests from a Host a booking of a Vessel via the Site, Application or Services, or a Member who stays at a Vessel and is not the Host for such Vessel.

"Host" means a Member who creates a Listing via the Site, Application and Services.

"Listing" means a Vessel that is listed by a Host as available for rental via the Site, Application, and Services.

"Member" means a person who completes Boata's account registration process, including but not limited to Hosts and Guests, as described under "Account Registration" below.

"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application or Services.

"Tax" or "Taxes" mean any sales taxes, goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, Vessel or lodging taxes, fees (such as convention center fees) that Vessel providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

3. Modification

Boata reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

4. Minimum Age

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

5. How the Site, Application and Services Work

The Site, Application and Services can be used to facilitate the listing and booking of Vessels. Such Vessels are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Vessel or create a Listing, you must first register to create an Boata Account (defined below).

As stated above, Boata makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for the booking of Vessels directly with each other. Boata is not an owner or operator of the vessels listed, nor is it a provider of Vessels and Boata does not own, sell, resell, furnish, re-rent, manage and/or control vessels. Unless explicitly specified otherwise in the Boata platform, Boata's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING VESSELS DIRECTLY WITH EACH OTHER. BOATA CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY VESSELS. BOATA IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND VESSELS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.

6. Account Registration

In order to access certain features of the Site and Application, and to book a Vessel or create a Listing, you must register to create an account ("Boata Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites (“SNS” for short) (including, but not limited to, Facebook), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Boata Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Boata through the Site, Services or Application; or (ii) allowing Boata to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Boata and/or grant Boata access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Boata to pay any fees or making Boata subject to any usage limitations imposed by such third-party service providers. By granting Boata access to any Third-Party Accounts, you understand that Boata will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Boata Account and Boata Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Boata Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Boata's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Boata Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Boata makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Boata is not responsible for any SNS Content.

Your Boata Account and your Boata Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Boata Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Boata reserves the right to suspend or terminate your Boata Account and your access to the Site, Application and Services if you create more than one (1) Boata Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Boata Account, whether or not you have authorized such activities or actions. You will immediately notify Boata of any unauthorized use of your Boata Account.

7. Boat Listings

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Vessel to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Vessel and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Vessels must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Vessel via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Vessel, you may not request the Guest to pay a higher price than in the booking request.

You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest's stay at, a Vessel in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Vessel included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Boata assumes no responsibility for a Host's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Boata reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Boata, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site, Application or Services.

If you are a Host, you understand and agree that Boata does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Vessel and stays at your Vessel, any agreement you enter into with such Guest is between you and the Guest and Boata is not a party to it. Notwithstanding the foregoing, Boata Payments serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host (including cleaning or other fees and/or Taxes).

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Vessel, such as requiring Members to have a profile picture or verified phone number, in order to book your Vessel. Any Member wishing to book Vessels included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "Hosting" section of the Site, Application and Services.

If you are a Host, Boata makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or pre-approve for booking for your Vessel. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Vessel at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Vessel, if applicable.)

Boata recommends that Hosts obtain appropriate insurance for their Vessels. Please review any insurance policy that you may have for your Vessel carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Vessel, if applicable).

Boata may offer Hosts the option of having photographers take photographs of their Vessels. If you as a Host choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words "Boata.com Verified photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing. All images, materials and content created by these photographers, including Verified Images, constitute Boata Content, regardless of whether you include them in your Listing. You agree that Boata may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.

8. Endorsement

Boata does not endorse any Member or any Vessel. You understand that Verified Images are intended only to indicate a photographic representation of the Vessel at the time the photograph was taken. Verified Images are therefore not an endorsement by Boata of any Member or any Vessel. Members are required by these Terms to provide accurate information, and although Boata may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.

Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Boata about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Guest, or to have any other interaction with any other Member. Except as provided in the Boata’s Host Guarantee ("Boata Host Guarantee"), which is an agreement between Boata and Hosts, we are not responsible for any damage or harm resulting from your interactions with other Members.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Boata with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Boata regarding the remittance of payments received from a Guest by Boata on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".

9. Bookings and Financial Terms

Key definitions

"Vessel Fees" means the amounts that are due and payable by a Guest in exchange for that Guest's stay in a Vessel. The Host alone, and not Boata, is responsible for the Vessel Fees for his or her Listing. The Host may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the Boata platform, or (ii) Taxes that the Host determines that he or she has to collect.

"Guest Fees" means the fee that Boata charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Vessel Fees. The Guest Fees will be displayed to the Guest when the Guest is asked whether to send a booking request to a Host.

"Host Fees" means the fee that Boata charges a Host for the use of the Services, which is calculated as a percentage of the applicable Vessel Fees. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective Guest.

"Service Fees" means collectively the Guest Fees and the Host Fees.

"Total Fees" means collectively the Vessel Fees and the Guest Fees plus any Taxes.

10. Bookings and Financial Terms for Hosts

If you are a Host and a booking is requested for your Vessel via the Site, Application or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Guest who has requested the booking, (ii) a link to the Guest's Boata Account profile page, (iii) if the Guest and Host have both connected their Boata accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Guest on such SNS, and (iv) an indication of whether or not the Guest has provided other information to Boata, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Boata for the requested booking will be refunded to the applicable Guest's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, Boata will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.

Boata Payments will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking request) and will initiate payment of the Vessel Fees (less Boata's Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) to the Host within 24 hours of when the Guest arrives at the applicable Vessel (except to the extent that a refund is due to the Guest). The time it takes for the Host to receive payouts may depend upon the payout method chosen by the Host. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.

If you owe or agree to pay any amount via Boata Payments to Boata (whether as a result of your bookings or actions as a Guest or otherwise), then Boata Payments may (but is not obliged to) withhold the amount owing to Boata from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to Boata. If Boata Payments does so, then your obligation to pay Boata will be extinguished to the extent of the amount withheld by Boata Payments, and Boata will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to Boata by you. Such communication may be made by Boata or by anyone on its behalf, including but not limited to a third party collection agent.

Appointment of Boata Payments as Limited Payment Collection Agent for Host

Each Host hereby appoints Boata Payments as the Host's limited payment collection agent solely for the purpose of accepting the Vessel Fees from Guests.

Each Host agrees that payment made by a Guest through Boata Payments, shall be considered the same as a payment made directly to the Host, and the Host will make the Vessel available to the Guest in the agreed-upon manner as if the Host has received the Vessel Fees. Each Host agrees that Boata may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund (via Boata Payments) to the Guest that portion of the Vessel Fees specified in the applicable cancellation policy. Each Host understands that as Boata Payments accepts payments from Guests as the Host's limited payment collection agent and that Boata Payments' obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. Boata does not guarantee payments to Hosts for amounts that have not been successfully received by Boata Payments from Guests. In accepting appointment as the limited authorized agent of the Host, Boata Payments assumes no liability for any acts or omissions of the Host.

Please note that Boata does not currently charge fees for the creation of Listings. However, you as a Host acknowledge and agree that Boata reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Boata will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.

11. Bookings and Financial Terms for Guests

The Hosts, not Boata, are solely responsible for honoring any confirmed bookings and making available any Vessels reserved through the Site, Application and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of a Vessel, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Vessel imposed by the Host. You acknowledge and agree that you, and not Boata, will be responsible for performing the obligations of any such agreements, that Boata is not a party to such agreements, and that, with the exception of its payment obligations here under, Boata disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, Boata is not a party to the agreement between you and the Host, Boata Payments acts as the Host's payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to Boata Payments, your payment obligation to the Host for the Vessel Fees is extinguished, and Boata Payments is responsible for remitting the Vessel Fees (less the Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe), in the manner described in these Terms. In the event that Boata Payments does not remit any such amounts as described in these Terms, the Host can argue for recourse to Boata.

The Total Fees payable will be displayed to a Guest before the Guest sends a booking request to a Host. As noted above, the Host is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Boata Payments will be refunded to such Guest, depending on the selections the Guest makes via the Site and Application, and any pre-authorization of such Guest's credit card will be released, if applicable.

You as a Guest agree to pay Boata for the Total Fees for any booking requested in connection with your Boata Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host's confirmation of your requested booking, you understand and agree that Boata Payments, on behalf of the Host, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in Australian dollars, to verify your credit card. As a general rule, Boata Payments will collect the Total Fees due once Boata receives confirmation of your booking from the applicable Host; if necessary, Total Fees may instead be collected at a later point. Please note that Boata cannot control any fees that may be charged to a Guest by his or her bank related to Boata's collection of the Total Fees, and Boata disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Boata Payments or its third-party payment processor(s). You agree to pay Boata Payments for any confirmed bookings made in connection with your Boata Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Boata Payments or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. You also authorize Boata Payments to charge your credit card in the event of damage caused at a Vessel as contemplated under "Damage to Vessels" below and for Security Deposits, if applicable. If you are directed to Boata Payments' third-party payment processor(s), you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

12. Security Deposits

Hosts may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Vessel. If a Security Deposit is included in a Listing for a confirmed booking of a Vessel, and a Host makes a claim against such Security Deposit, Boata Payments will, in its capacity as the payment collection agent of the Host, use its commercially reasonable efforts to charge the Guest's payment method in the amount of the Security Deposit, within a reasonable period of time before the Guest's complete the cruise. Boata will also use reasonable efforts to address Hosts' requests and claims related to Security Deposits, but Boata is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.

13. Service Fees

In consideration for the use of Boata's online marketplace and platform, Boata charges the Service Fees. Where applicable, Taxes (such as GST) may also be charged in respect of the Host Fees and Guest Fees. Boata Payments deducts the Host Fees from the Vessel Fees before remitting the balance to the Host as described in these Terms. Guest Fees are, as noted above, included in the Total Fees.

Balances will be remitted by Boata Payments to Hosts via direct deposit or other payment methods, as described on the Site or via the Application, in the Host's currency of choice, depending upon the selections the Host makes via the Site, Application and Services. Amounts may be rounded up or down as described the "Rounding Off" section below.

Please note that Boata Payments, may impose or deduct foreign currency processing costs on or from any payments or payouts by Boata in currencies other than U.S. dollars. More information on any such costs or deductions will be available via the Site and Application. Except as otherwise provided herein, Service Fees are non-refundable.

General Booking and Financial Terms

14. Cancellations and Refunds

If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Boata Payments will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within boata’s cancellation policy, as also outlined below:

Flexible: Full refund 15 or more days before booking date

Cleaning fees are always refunded if the guest did not check in.
The Boata service fee is non-refundable.
If there is a complaint from either party, notice must be given to Boata within 24 hours of check-in.
Boata will mediate when necessary, and has the final say in all disputes.
A reservation is officially canceled when the guest clicks the cancellation button on the cancellation confirmation page, which they can find in Dashboard > Your Trips > Change or Cancel.
Cancellation policies may be superseded by the Guest Refund Policy, safety cancellations, or extenuating circumstances. Please review these exceptions.
Applicable taxes will be retained and remitted.

2. Moderate: Full refund 31 or more days before booking date

Cleaning fees are always refunded if the guest did not check in.
The Boata service fee is non-refundable.
If there is a complaint from either party, notice must be given to Boata within 24 hours of check-in.
Boata will mediate when necessary, and has the final say in all disputes.
A reservation is officially canceled when the guest clicks the cancellation button on the cancellation confirmation page, which they can find in Dashboard > Your Trips > Change or Cancel.
Cancellation policies may be superseded by the Guest Refund Policy, safety cancellations, or extenuating circumstances. Please review these exceptions.
Applicable taxes will be retained and remitted.

3. Strict: Full refund 61 or more days before booking date

Cleaning fees are always refunded if the guest did not check in.
The Boata service fee is non-refundable.
If there is a complaint from either party, notice must be given to Boata within 24 hours of check-in.
Boata will mediate when necessary, and has the final say in all disputes.
A reservation is officially canceled when the guest clicks the cancellation button on the cancellation confirmation page, which they can find in Dashboard > Your Trips > Change or Cancel.
Cancellation policies may be superseded by the Guest Refund Policy, safety cancellations, or extenuating circumstances. Please review these exceptions.
Applicable taxes will be retained and remitted.

If, as a Guest, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Vessel, the cancellation policy of the Host contained in the above policy will apply to such cancellation. Details regarding refunds and cancellation policies are available via the Site and Application. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host.

If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) Boata Payments will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Boata containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest's requested booking, then the Guest agrees to pay Boata the Total Fees relating to the confirmed booking for the Vessel in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Boata.

If, as a Host, you cancel a confirmed booking, you agree that Boata may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your Boata Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, Boata may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reasons set forth or for any other reason. Boata Payments may also determine, in its sole discretion, to refund the Guest part or all of the amounts charged to the Guest in accordance with the Guest Refund Policy. You agree that Boata and the relevant Guest or Host will not have any liability for such cancellations or refunds.

If, as a Host, your Guest cancels a confirmed booking or Boata decides that it is necessary to cancel a confirmed booking, and Boata issues a refund to the Guest in accordance with the Guest Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid Boata shall be entitled to recover the amount of any such Guest refund from you, including by subtracting such refund amount out from any future Vessel Fees due to you.

15. Recurring Payments

In some instances, Guests may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Vessel (collectively, "Recurring Payments"). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Guest authorizes Boata Payments, on behalf of the Host, to collect the Total Fees and the Host agrees that such Boata entity will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments, each as identified on the Site, Application and Services.

16. Rounding Off

Boata may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar); for example, Boata will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

17. Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

18. Donations

Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Host does in fact make the donation he or she pledged to make. In such cases, the Host in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.

19. Taxes

Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a Host and you fail to provide us with a completed ATO forms), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.

You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Boata cannot and does not offer Tax-related advice to any Members.

Where applicable, or based upon request from a Host, Boata may issue a valid VAT invoice to such Host.

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your Vessel is located may require Taxes to be collected from Guests or Hosts on the amount paid for the right to use and/or occupancy of Vessels, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the rent or Vessel Fees set by Hosts, a set amount per day, or other variations, and are sometimes called "occupancy taxes," "hotel taxes," "lodging taxes," "transient taxes," "sales and use taxes," "value added taxes," "room taxes" or "tourist taxes" (hereafter, "Occupancy Taxes").…

20. Damages to Boats

If, as a Guest and in the event you or your party cause damage or loss to the vessel or property belonging to the charter vessel/business you will be liable for the damage caused and cost of any repairs associated with that damage.

If you or your party cause damage or loss to the vessel, any ancillary equipment or to property belonging to a third party and such damage or loss is caused as a result of your gross negligence or reckless conduct you will be liable for the full extent of the loss suffered and our right to claim against you will not be limited or waived in any way by the payment of a security deposit.

Acts that will be considered as gross negligence or reckless conduct, as the captain/guest include, cruising under the influence of alcohol and/or drugs, not having sufficient crew in charge of the vessel at all times, having a person less than 18 years of age driving the boat not being in control of the vessel by means within the control of the Skipper, no respect of local navigation rules and navigation limits.

After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Boata Account. Boata also reserves the right to charge the credit card on file in your Boata Account, or otherwise collect payment from you and pursue any avenues available to Boata in this regard.

As a Guest, you are responsible for leaving the Vessel in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Vessel. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your Boata Account. Boata also reserves the right to charge the credit card on file in your Boata Account, or otherwise collect payment from you and pursue any avenues available to Boata in this regard, including using Security Deposits, in situations in which you have been determined, in Boata's sole discretion, to have damaged any Vessel, including, but not limited to, in relation to any payment requests made by Hosts under the Boata Host Guarantee, and in relation to any payments made by Boata to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Vessel to the applicable Host or to Boata (if applicable).

Both Guests and Hosts agree to cooperate with and assist Boata in good faith, and to provide Boata with such information and take such actions as may be reasonably requested by Boata, in connection with any complaints or claims made by Members relating to Vessels or any personal or other property located at a Vessel (including, without limitation, payment requests made under the Boata Host Guarantee) or with respect to any investigation undertaken by Boata or a representative of Boata regarding use or abuse of the Site, Application or the Services. If you are a Guest, upon Boata's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by Boata or a third party selected by Boata or its insurer, with respect to losses for which the Host is requesting payment from Boata under the Boata Host Guarantee.

If you are a Guest, you understand and agree that Boata may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused or been responsible for or to a Vessel or any personal or other property located at a Vessel (including without limitation amounts paid by Boata under the Boata Host Guarantee). You agree to cooperate with and assist Boata in good faith, and to provide Boata with such information as may be reasonably requested by Boata, in order to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Boata may reasonably request to assist Boata in accomplishing the foregoing.

21. Overstaying without the Host's Consent

Guests agree that a confirmed reservation is merely a license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed reservation and in accordance with the Guest's agreement with the Host. Guests further agree to leave the Vessel no later than the checkout time that the Host specifies in the Listing or such other time as mutually agreed upon between the Host and Guest. If a Guest stays past the agreed upon checkout time without the Host's consent, they no longer have a license to stay in the Listing and the Host is entitled to make the Guest leave. In addition, Guests agree that the Host can charge the Guest, for each 24 hour period that the Guest stays over the agreed period without the Host's consent, an additional nightly fee of two times the average nightly Vessel Fee originally paid by the Guest to cover the inconvenience suffered by the Host, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Host to make the Guest leave (collectively, "Additional Sums"). Guests agree that Boata Payments, in its role as limited collection agent for the Host, shall charge the Guest's credit card or other payment methods it has on file to collect these Additional Sums. In addition, Boata Payments may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Guest's credit card or other payment method on file.

22. User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
access or use our Site, Application, Services or the Boata API to use, expose, or allow to be used or exposed, any Boata Content: (i) that is not publicly displayed by Boata in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the Boata Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Boata's users or any other third party;
use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Boata Guest or Host;
offer, as a Host, any Vessel that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Vessels as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
offer, as a Host, any Vessel that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
register for more than one Boata Account or register for an Boata Account on behalf of an individual other than yourself;
unless Boata explicitly permits otherwise, request or book a stay at any Vessel if you will not actually be staying at the Vessel yourself;
contact a Host for any purpose other than asking a question related to a booking, such Host's Vessels or Listings;
contact a Guest for any purpose other than asking a question related to a booking or such Guest's use of the Site, Application and Services;
recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to Boata, without Boata's prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
use the Site, Application, Services or Collective Content to find a Host or Guest and then complete a booking of a Vessel independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Boata's provision of the Services or for any other reasons;
as a Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Boata's name, any Boata trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Boata's express written consent;
access, tamper with, or use non-public areas of the Site, Application or Services, Boata's computer systems, or the technical delivery systems of Boata's providers;
attempt to probe, scan, or test the vulnerability of any Boata system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Boata or any of Boata's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
accept or make a payment for Vessel Fees outside Boata Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Boata harmless from any liability for such payment.

Boata has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Boata may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Boata or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the Boata Host Guarantee (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Boata, its users, or members of the public. You acknowledge that Boata has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Boata reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Boata, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

23. Privacy

You agree that Boata's Privacy Policy (as may be updated from time to time) governs Boata's collection and use of your personal information.

24. Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the Australia and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Boata and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

25. Additional Terms

Our Services have different products and offerings, so sometimes additional terms or product requirements may apply to your use of those products. For example, additional terms apply if you refer new users to Boata ("Referal Program") or participate in our Home safety program. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

26. Boata Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Boata grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Boata Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Boata or its licensors, except for the licenses and rights expressly granted in these Terms.

27. Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Boata a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Boata does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Boata the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Boata's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

28. Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Boata is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Boata of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the Boata platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.

29. Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Boata used herein are trademarks or registered trademarks of Boata. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

30. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Boata and you hereby irrevocably assign to Boata and agree to irrevocably assign to Boata all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Boata's request and expense, you will execute documents and take such further acts as Boata may reasonably request to assist Boata to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

31. Copyright Policy

Boata respects copyright law and expects its users to do the same. It is Boata's policy to terminate in appropriate circumstances the Boata Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

32. Suspension, Termination and Boata Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Boata Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Boata Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Boata Account, your Member Content, or receive assistance from Boata Customer Service, (b) any pending or accepted future bookings as either Host or Guest will be immediately terminated, (c) we may communicate to your Guests or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Guests to inform them about potential alternate Vessels with other Hosts that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Boata Account. You may cancel your Boata Account at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your Boata Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

33. Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT Boata DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Boata EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Boata MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY Vessels, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Boata MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, Vessels, HOSTS, GUESTS, YOUR ACCRUAL OF Boata TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Boata OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT Boata DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY Vessels. Boata MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY Boata. NOTWITHSTANDING Boata'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, Boata EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

34. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY Vessels VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF Boata WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER Boata NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Boata HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE Boata HOST GUARANTEE, IN NO EVENT WILL Boata's AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY Boata TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED AUS DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Boata AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

35. Indemnification

You agree to release, defend, indemnify, and hold Boata and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Vessel, or (iii) creation of a Listing; (d) the use, condition or rental of a Vessel by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Vessel; and (e) your participation in the Referral Program or your accrual of any Boata Travel Credits.

36. Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by Australia law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported into any Australian embargoed countries. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Vessel is located in a country that is subject to a Australian Government, or that has been designated by the Austalian Government as a "terrorist supporting" country and (ii) you are not listed on any Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by Australian law.

37. Reporting Misconduct

If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Boata by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

38. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Boata and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Vessels made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Boata and you regarding bookings or listings of Vessels, the Site, Application, Services, and Collective Content.

39. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Boata's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Boata may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

40. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Boata (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

41. Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of Australia. You and we agree to submit to the personal jurisdiction of a state court for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

42. Dispute Resolution

You and Boata agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Boata are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Boata otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

Fees. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the Rules.

Changes. Notwithstanding the provisions of the "Modification" section above, if Boata changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Boata's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Boata in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

44. General

The failure of Boata to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Boata. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

45. Third party beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.

46. Contacting Boata

If you have any questions about these Terms of Service, please contact Boata support, via our help messenger desk.

Terms of Service Last Updated: 27th June, 2018

General Booking and Financial Terms

14. Cancellations and Refunds

Flexible: Full refund 15 or more days before booking date

Terms of Service
Last Updated: 27th June, 2018