This Agreement was last modified on July 14, 2017
Terms and Conditions
Please read these Terms and conditions, including the privacy statement, carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Boat 020 Website , including the website and Android and IOS smartphone application (hereafter collectively referred to as the "Website") you agree to comply with and be bound by these Terms and conditions, including the privacy statement. These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email, by telephone including (digital) texts.
These pages, the content and infrastructure of these pages, and the online reservation service provided on these pages and through the website are owned, operated and provided by BoatNow B.V. and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
"BoatNow", "we", "us" or "our" means BoatNow B.V. We fall under the laws of the Netherlands, and have our registered address at Nieuwezijdsvoorburgwal 334, 1012 RW Amsterdam, The Netherlands.
“Captain” means the provider of the boat tour (any type of boat), the person/individual/organization (he/she) that sails the boat, as from time to time available for reservation on the Website.
"Customer" means the individual/person/organization that rents a boat tour through our Website and any other travel or related product or service as from time to time available for reservation on the Website.
“Boat” means the vehicle that the Customer rents through BoatNow from the Captain and any other travel or related product or service as from time to time available for reservation on the Website.
2. Scope of our Service
Through the Website, we provide an online platform through which Captains can advertise their boat(s) for reservation, and through which Customers of the Website can make such reservations (i.e. the reservation service). By making a reservation through BoatNow, you enter into a direct (legally binding) contractual relationship with the Captain with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your reservation, we act solely as an intermediary between you and the Captain, transmitting the details of your reservation to the relevant Captain(s) and sending you a confirmation email/text for and on behalf of the Captain.
When rendering our Service, the information that we disclose is based on the information provided to us by third sources. Although we will use reasonable skill and care in drafting this information, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or rating of any Captain or boat (or its facilities, venue, products or services) made available. Our Service is made available for personal and non-commercial use only.
Therefore, you are not allowed to use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the BoatNow Website or Collective Content for any commercial or competitive activity or purpose.
We want you to pay the lowest price possible for your product and service of choice. The prices we offer on our Website are per boat and displayed including VAT/sales tax and all other taxes (subject to change of such taxes), unless stated differently on our Website or the confirmation email(s)/text(s). Prices are per person or group as stated on email(s)/text(s) and subject to validity as indicated on the email(s)/text(s), if applicable. Applicable fees/taxes may be charged by the Captain in the event of a no-show or cancellation fee. Please check the relevant conditions and details thoroughly for any such conditions prior to making your reservation. Obvious errors and mistakes (including misprints) are not binding. All special offers and promotions are marked as such.
4. Privacy and cookies
BoatNow respects your privacy. We do not install any cookies or trackers. Any personal data send to us including but not limited to name, email address, phone number is treated confidentially within BoatNow. We do not sell/give these data to third parties.
5. Free of charge
Our service is free of charge. We will not charge you for our Service or add any additional (reservation) fees to the rate. In some cases, Captains pay us a commission (being a small percentage of the boat price) to BoatNow, in other cases the Captains do not pay us a commission, after the end user has consumed the service or product of the Captain and/or BoatNow.
Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. You will not hold BoatNow liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Captain and not (re)claim any amount for any valid or authorized charge by the Captain.
7. Pre-payment, cancellation, no-show and fine print
By making a reservation with a Captain, you accept and agree to the relevant cancellation and no-show policy of that Captain, and to any additional (delivery) terms and conditions of the Captain that may apply to the boat tour (including the relevant house rules of the Captain ), including for services rendered and/or products offered by the Captain. Commands of the Captain on/off the boat are to be followed by the Customer at all times in order to ensure safety. BoatNow is not responsible for Captains giving wrong commands, non stated commands by Captains, or Customers not adhering to any stated commands.
The general cancellation and no-show policy of each Captain is made available after the Free Request through personal communication by email/texts. A Free Request is an option at our Website which sends the filled out details of Customers to BoatNow. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the (reservation) details of your product or service of choice thoroughly for any conditions prior to making your reservation. Cancellation and prepayment policies may vary according to boat tour/type. Please carefully read the fine print (below the boat types or at the bottom of each boat item on our Website ) and important information in your reservation confirmation for additional policies as may be applied by the Captain/BoatNow (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, food and drinks). Some Captains allow for Debit card and/or Credit card payments on board of the boat. BoatNow is not responsible and/or liable for any agreement made between Customer and Captain about payment cash or via credit/debit cards. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Captain agrees or allows otherwise under its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email/texts and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Captains’ cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you inform in advance of the cancellation, (pre)payment and no-show policy of the Captain and/or BoatNow carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
If you have a late or delayed arrival on the check-in time make sure to (timely/promptly) communicate this with the Captain so they/he/she know(s) when to expect you to avoid cancellation of your reservation or charge of the no-show fee. We can help you if needed with informing the Captain. BoatNow does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Captain.
You must be at least 18 years old in order to be able to rent a boat through BoatNow or to access or use the Website. By accessing or using the Website you represent and warrant that you are 18 or older and have the legal capacity and authority to make a judgment about relevant costs and/or conditions.
As a Customer, you are responsible for leaving the Boat (including any personal or other property located at/in the boat) in the condition it was in when you arrived. You acknowledge and agree that, as a Customer, 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 boat. In the event that a Captain 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.
8. (Further) correspondence and communication
By completing a booking, you agree to receive (i) an email which we may send you shortly after your booking, giving you information on your booking and providing you with certain relevant information regarding your reserved boat, and (ii) an email which we may send to you after your boat tour inviting you to give feedback on any item we might send you, and (iii) any texts we may send you prior or after your booking and boat tour containing any information or offers we may wish to supply you.
BoatNow disclaims any liability or responsibility for any communication with the Captain on or through our Website. You cannot derive any rights from any request to, or communication with the Captain or BoatNow or (any form of) acknowledgement of receipt of any communication or request. BoatNow cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Captain or by BoatNow. In order to duly complete and secure your booking, you need to use your correct email address, name and/or phone number. The phone you use should use Whatsapp in order for BoatNow to complete and secure your booking. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address, name and/ or phone number.
Any claim or complaint against BoatNow or in respect of the Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.
Due to the continuous update and adjustments of rates and availability and boat descriptions, we strongly suggest to make screenshots when making a reservation to support your position (if needed).
9. Top Picks
The stars used for boats do not correspond to the star ranking system as may be applicable on their own websites or other third party websites. The completed Customer review may be (a) send to BoatNow by email for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Captain , and (b) (wholly or partly) used and placed by BoatNow at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our Website or such social media Websites, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by BoatNow. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The Customer review should be regarded as a survey and does not include any (further commercial) third-party offers, invitations or incentives whatsoever.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email or texts (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Website and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Captain as made available on our Website , (iii) the services rendered or the products offered by the Captain or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Captain or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Whether or not the Captain has charged you for your Boat, product or service, or if we are facilitating the payment of the boat price, you agree and acknowledge that the Captain is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the boat price to the relevant tax authorities. BoatNow is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the boat price to the relevant tax authorities. BoatNow does not act as the merchant of record for any product or service made available on the Website.
11. Intellectual property rights
Unless stated otherwise, the software required for our services or available at or used by our Website and the intellectual property rights (including the copyrights) of the contents and information of and material on our Website are owned by BoatNow B.V. and the Captains.
BoatNow exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Website on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Website or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to BoatNow. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Dutch law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Amsterdam, the Netherlands.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
13. About BoatNow
The online reservation service is rendered by BoatNow B.V. incorporated under the laws of the Netherlands and having its offices at Nieuwezijdsvoorburgwal 334, 1012 RW Amsterdam, The Netherlands and registered with the trade register of the Chamber of Commerce in Amsterdam under registration number 902024 8. Our VAT registration number is NL0050953214.
BoatNow has its headquarters in Amsterdam, the Netherlands. BoatNow does not accept nor assume any domicile at any place, location or office in the world (also not at the office of its support companies), other than its registered office in Amsterdam.