terms and conditions
This is a Legal Agreement. By accessing this Website or using any service provided
herein, you accept and agree to be bound by all the terms and conditions of this
Agreement. Please read this entire Agreement carefully before accepting its Terms.
In this Agreement, the following words have the following meanings:
Commission Fee means the sum payable by the Host to any of the Service
Providers, upon the conclusion of a Reservation of a Vessel or
other Listing through the Website, equal to a percentage of the
Reservation Fee, which includes Cleaning Fee and Captain Fee,
as a consideration for the provision of the Service. The Service
Provider has the right to lower the agreed percentage for
promotional or any other purposes.
Guest means an individual of legal age and of full capacity to contract,
or a duly represented legal entity who enters into an agreement
with a particular Host for the reservation of a Vessel and who has
agreed to pay the Reservation Fee.
Host means an individual of legal age and of full capacity to contract or
a duly represented legal entity which is the legal and beneficial
owner of the Vessels, or properly authorized by the legal owner of
the Vessel, or a person who has obtained an exclusive
unconditional right for the use of the Vessels and which posts his
Vessels or other Listings on the Website for Reservation by a
Cancellation Policy means the policy chosen by a Host for cancelling and refunding
confirmed Reservations and which both this Host and Guest who
made a Reservation with this Host should abide.
Reservation means each Reservation Request by a Guest of a Vessel or other
Listing, offered by a Host on the Website that is subsequently
confirmed by the Host, thereby making the Reservation Request
into a definite Reservation, upon which the specific reserved
Vessel and/or Listing is considered taken for the reserved dates
by the host.
Reservation Fee means the total sum payable by a Guest for the Reservation of a
particular Vessel or Listing offered by a Host and posted on the
Website, including potential Cleaning and Captain Fees,
exclusive the 5% Service Fee which goes to the Service Provider.
Reservation Request means each request for a reservation by a Guest, for specific
dates in the future, of a particular Vessel or Listing, offered by a
Host and posted on the Website and which is awaiting
confirmation or refusal by the particular Host.
Service Providers means Boatsters.com B.V., a company registered in the
Netherlands with registered visiting address at Entrepotdok 25,
1018 AD, Amsterdam, the Netherlands and postal address at
Binnenkadijk 171, 1018 ZE, Amsterdam, the Netherlands.
Services means a Website to which Hosts can post and advertise their
Vessels and Listings for and reservation from the Guests and the
Service Providers can provide their expertise and assistance for
such posts or uploads if so requested.
Service Fee means the sum payable by the Guest to the Service Provider,
upon the conclusion of a Reservation of a Vessel or other Listing
through the Website, equal to a percentage of 5% of the
Reservation Fee, as a consideration for the provision of the
Service and to cover transfer fees and tax and other made costs
by the Service Provider. The Service Provider has the right to
lower or raise the Service Fee in future as it sees fit.
Terms and Conditions means all the terms and conditions included in this Agreement
along with any subsequent amendments as may take place at the
full discretion of the Service Providers.
Vessels mean sloops, sailboats, motorboats and any other kind of
recreational water vessel of a particular Host, which is posted on
the Website for reservation by Guests.
We / Us means the Service Providers, Boatsters.com B.V..
Website means an online platform with domain name Boatsters.com,
owned, managed and administrated by the Service Providers.
You means the Host or Guest as applicable.
By registering, accessing and/or using the Website and Services, whether as a Guest
or as a Host you agree to be bound by these Terms and Conditions and any other
Terms and Conditions, as they may be amended from time to time and
incorporated in these Terms and Conditions, and which will apply between you and
the Service Providers, of which you acknowledge that you have read and
As a Guest you acknowledge and understand that the legal contract regulating each
specific Reservation is between each individual Host and each particular Guest, and
that if you make a Reservation with a particular Host through the Website you will
need to refer to and shall be bound by the Reservation confirmation, and the
Reservation terms and conditions that will apply to that Reservation with the
particular Host in relation to payment, cancellation and other related matters.
The Service Providers do not do business as organizers, agents, or providers for
Vessels rentals, crew placement and/or other Listings. The Service Providers do not
own or manage or lease Vessels or hire others to perform any Listings. The Service
Providers do not act as agents for any Hosts. The Service Providers merely make
available the Website for Hosts and Guests to agree and arrange for a Reservation
of a certain Vessel or Listing. The Service Providers are not contracting agents or
representatives of Hosts. Instead, The Service Providers role is solely to facilitate the
availability of this Website for the Hosts and to provide the Services related thereto,
and any agreement for Reservation or Listing is solely between the Host and the
Guest, and it is understood that the Service Providers will not be a party to such an
agreement and will not be bound by their terms and conditions. Hosts and Guests
understand that Service Providers are acting solely as an intermediary for the safe
money transfer between Hosts and Guests. Hosts and Guests understand and agree
that are solely responsible for determining their own tax reporting requirements in
consultation with tax advisors. We cannot and do not offer tax advice.
All those aged under eighteen will not be accepted as Guests. The Guest declares
and warrants that he/she is over eighteen years of age and that all the personal
information provided is true to his knowledge. The Guest declares and warrants that
he/she is legally empowered to enter into the agreement with a particular Host on
his/her own behalf or for any agents or representatives acting in his/her name.
The Service Providers grant a non-exclusive, non-transferable, and revocable license
to the Hosts and Guests and provides the Services available at this Website subject
to the following Terms and Conditions. The service providers may amend these
Terms and Conditions from time to time without notice to you. In addition, when
using particular services on this Website, guidelines or rules may be posted which
are applicable to your use of those services your use of this Website and your
relationship with the service providers are subject to all guidelines or rules that may
be posted from time to time on the Website, which are all incorporated by
reference into these Terms and Conditions. By using this Website, you are agreeing
to be bound by all of the Terms and Conditions of the most current version of this
agreement and any guidelines and rules posted on this Website. If you do not agree
to be bound by this agreement, do not use this Website.
Guests and Hosts
Through the Website the Service Providers provide an online platform through
which Hosts can advertise their Vessels and/or other related Listings for reservation,
and Guests can apply for reservation of such Vessel or other Listings. Prior to the
posting of any Vessel or Listing by a Host, the Service Provider will approve such
Listing. The Website does not constitute and should not be regarded as a
recommendation or endorsement of the quality, service level or rating of any Host
made available. It is understood that the Service Providers shall not in any way act as
a contracting agent or representative for Hosts, nor as a broker or insurer in each
case, in relation to any transaction Hosts conclude with Guests via the Website. The
Service Providers act solely as an intermediary between a Guest and a Host,
establishing contact between the Host and the Guest, transmitting the details of the
reservation to the relevant Host and Guest, facilitating safe transaction of the
Reservation Fee from Guests to Hosts, and sending to the Guest a confirmation
email for and on behalf of the Host. The reservation of the Vessels and or any Listing
is concluded between the Host and the Guest under the terms of business of the
Host and the Service Providers accept no liability for such transactions. The Service
Providers will allow the Host to use the Services and, where necessary, to offer its
expertise and assistance for posts or uploads of the vessels. The Service Provider,
shall receive, notify and forward to each Host any Reservation requests or enquiries
made through the Website by a Guest. The Service Providers shall not be
responsible for the non-performance or exact and compliant performance of those
services that fall under the scope of the agreement between the Host and the
Customer. The Service Provider will not be a party in any separate agreements on
top of these Terms and Conditions established between Hosts and Guests and shall
not be bound by their terms and conditions.
Through the Website the Host will post, either by himself or with the assistance of
the Service Provider, his Vessel(s), together with the price for Reservation, details,
terms, photos and all other relevant information in connection with the vessels.
Hosts are free to decide their fees, adjust the availability for reservation of their
Vessels or Listings, manage upcoming Reservations, contact and be contacted by
Guests of the Website, receive Reservation requests and earn reviews for their
services. The Host is obliged to post to the Website a full description of the Vessel,
upload photos, which will correspond to the Vessel that the Guest agrees to pay the
Reservation Fee. Each Host remains fully responsible at all times for the accuracy,
completeness and correctness of the rates, availability and other information
displayed on the Website.
Through the Website a Guest can make a Reservation of a specific Vessel or Listing
posted on this Website offered by a Host. Each Guest by making a Reservation
through the Website acknowledges and understands that the legal contract
regulating each specific Reservation is between each individual Host and each
particular a Guest directly, and that if you make a Reservation with a particular Host
through the Website you will need to refer to and shall be bound by the Reservation
confirmation, and the Reservation terms and conditions that will apply to that
Reservation with the particular Host in relation to payment, cancellation and other
related matters. It is understood that the performance of the Host’s services to the
Guests will not commence until the Reservation Fee has been obtained in
accordance with the Terms and Conditions. When rendering their Services,
information that the Service Providers disclose are based on the information
provided to the Service Providers by each Host. Once the Reservation of such
services will be completed on the Website, the Guest will be able to contact the
Host directly and regulate all aspects related to the services provided.
The Host shall, upon the request of the Service Provider, provide the Service
Provider with proof of ownership of the Vessel and that all licenses and authorization
in respect of the Vessel have been duly obtained. The Host shall have the
responsibility to obtain and keep in force any license and other authorizations
required by any applicable law for use of the vessel. The Host is obliged to provide
the Service Provider with such licenses and authorization upon Service Provider’s
request. In case a particular Host not providing the Service Providers with the
necessary documents proving the proper possession and use of a particular Vessel
or a properly signed charter party (where this is obligatory), the Service Providers
will not be obliged to release to that particular Host the Reservation Fees (minus the
Commission Fee) received from a Guest/s regarding the particular Reservation. The
Service Provider may suspend or stop providing its Services to the Host, if the Host
does not comply with the Terms and Conditions of the Service Provider or any
The Host agrees that the Service Provider may review Host’s uploads to the Website
and may remove or refuse to display contents that the Service Provider reasonably
believes that reveal the hosts identity to the public including without limitation its
full name, company name, links to other websites, telephone numbers, and/or
uploads by the Host are illegal or violate Service Provider’s Terms and Conditions or
the Applicable Law or any other applicable law.
The Host will be responsible for determining the price of each Listing and Vessel
and any additional charges that may exist, such as a Cleaning Fee and a Captain
Fee. You understand and agree that once a Guest requests a Reservation of your
Vessel or other Listing, the price that you have set for such a Reservation may not be
altered. As a Host you acknowledge and agree that you are solely responsible for
any of your Vessels or other Listings on the Website.
As a Host you agree that you grant to the Service Providers an irrevocable license
and a right of use of all text, graphics, logos, icons, images with any and all other
information posted by you in connection to the Vessels or Listings that are posted
on the Website. The license and right includes but is not limited to allowing the
Service Providers to make use of such text, graphics, logos, icons, images with any
and all other information in social networks, newsletters, and to any other kind of
advertisement and for such commercial purposes as the Service Providers think fit
and proper for the promotion of their business.
The Host agrees that in the event it concludes a Reservation with a Guest as a result
of using the Website and Services, then, in consideration of the use of the Website
and the Services, the Service Providers shall charge you Commission Fee, which is
based upon a percentage of 15% (unless otherwise agreed) of the Reservation Fee
of each Reservation that you post for each Vessel or for any other Listing that you
may list and post on the Website. The fee is deducted from the first payout to you
as a Host and it excludes expenses such as bank transfer fees, credit cards
transaction fees, VAT, and other taxes if applicable as payable by the Service
The Service Providers will act as an intermediary between the Host and the Guest. If
reservation of a Vessel or other Listing is requested by a Guest via the Website, then
the Host of such Vessel or Listing will be required to either confirm or reject the
Guest’s Reservation Request within a time limit of 48 hours, in the case that the
requested Reservation start date is less than 4 weeks in the future with respect to
the date of the Reservation Request, and within 72 hours, in the case that the
requested Reservation start date is more than 4 weeks in the future from the date of
the Reservation Request. If, as a Host, you confirm that your Listing or a Vessel is
available and a Guest’s Reservation is subsequently confirmed by you through the
Website and once the amount of the Reservation is captured from the credit card of
the Guest, or in the case of payment by wire transfer once the transfer is confirmed
by the bank, then you will receive Guest’s relevant contact details (including phone
number) from the Service Providers. The Service Providers will also forward your
contact details to the Guest.
As a Host you agree that, when a Guest requests your Vessel or other Listing and
subsequently you as a Host confirms the Guest’s reservation request for a particular
day or particular days and therefore has your Vessel or other Listing remains in
confirmed status, then you hereby undertake and agree that you consider this
Vessel or Listing as taken and you should not proceed with Reservation it out to any
other Guest and or other third person for the specific date(s).
The Host warrants, declares and undertakes that:
It is the legal and beneficial owner of and has good and marketable title to the
Vessel and the Listings and/or it has been properly authorized to use the Vessel and
offer the Listing and/or it has obtained an exclusive unconditional right for the use
of the Vessel and provision of the Listings. It has obtained all necessary licenses,
permissions, insurances and any other requisites for the use of the Vessel and such
licenses, permissions, insurances shall remain in force during the use of the Services
and during the period of these Terms and Conditions are in force.
Any picture, photo, drawing, text, icon, logo, graphic, image which is uploaded
onto the Website by the Host in connection with the Vessels corresponds to the
Vessel which will be reserved by the Guests of the Website and any information in
connection to the Vessel is true and correct.
It has substantial knowledge of and expertise in providing his services to the Guests,
maintains high quality of infrastructure while performing its services and it will use
reasonable care and skill while performing these services.
It has in place one or more insurance policies with a reputable insurance firm
(whether a firm of your own choice or via the discounted link to the by the Service
Provider offered Pantaenius Yacht Insurance) to cover any liabilities that may arise
with the use of the Services or under this Agreement and such insurance policies
shall remain in force during the use of the Services and during the period when this
Agreement is in force.
It has not breached any law or regulation which breach has or might reasonably be
expected to have a material adverse effect on the Website and the business of the
Service Providers and no claims or investigations are being made or conducted
against it or any subsidiary or affiliates that have or might reasonably be expected to
have a material adverse effect.
The Host acknowledges and agrees that the Service Providers shall be entitled to
deduct and retain the Commission Fee from Reservation Fees collected.
The Service Providers reserve the right to require from you as a Host to provide
proof of identity and ownership or exclusive management of the Vessel and the
Listings and that all necessary conditions, licenses permissions from competent
authorities, insurances and any other requisites arising from any laws of The
Netherlands or of any other Country were the Vessel is situated or which country’s
flag the Vessel is flying are met by the Host or by the owner of the Vessel.
As a Host you undertake to keep the Service Providers and their employees, agents,
representatives and affiliates, indemnified against all actions, claims, costs,
expenses, including legal costs and legal expenses, suffered by the Service
Providers due to any neglect or default of the Host or his agents, employees,
licensees or customers in connection with the performance of the Hosts services
and/or due to the breach of the above warranties.
Through the Website, the Guests have the opportunity to search and view available
Vessels, including but not limited to information in connection with the Vessel such
as details, photos, prices, and contact the Host to inquire and/or apply for a
Reservation. It is important that Guests check the information uploaded onto the
Website. It is understood that the Service Providers shall not carry any responsibility
for whether the information uploaded onto the Website in connection with the
Vessels or any other Listing is true and correct.
Once the Guests Reservation request has been made, the Service Providers will then
notify the concerned Host by email to confirm or reject the Reservation request.
Hosts are required to either confirm or reject the Guests Reservation request within
a time limit of 48 hours, in the case that the requested Reservation start date is less
than 4 weeks in the future with respect to the date of the Reservation Request, and
within 72 hours, in the case that the requested Reservation start date is more than 4
weeks in the future from the date of the Reservation Request. If the Reservation
request is subsequently confirmed by the Host through the Website, the Guest will
receive an email confirming the Host’s Reservation confirmation and the Host’s
relevant contact details, and the Guests relevant contact details will also be
forwarded to the Host.
Once such contact details have been provided, all communication for example,
concerning details and information about the Reservation, including, without
limitation, arrival times, will be direct between each Guest and the Host through the
Website as facilitated by the Service Providers where required/applicable.
It is understood that the Host will not make available to the Guest the Vessel or the
Listing until the Reservation Fee has been obtained by the Service Provider as in
accordance with the Terms and Conditions. However, upon issuing a Reservation
confirmation, the Host shall be responsible for providing the service referred to in
the Reservation confirmation. The Host will obtain the Reservation Fee from the
Service Provider minus the 15% (or however else agreed) Commission Fee, 24 hours
after the start of the Reservation in the case promised services were provided to the
Guest by the Host and no complaints have been received from the Guest by the
Service Provider in relation to providing these agreed services by the Host, and the
Host has acted in accordance to these Terms and Conditions.
If a Guest requests a Reservation, it will be responsible and liable to pay to the
Service Providers the Reservation and Service Fees as shown on the payment page
of our Website, subject to these Terms and Conditions and any other terms and
conditions as agreed between a Guest and Host. In order to secure collection of
payment of the Reservation and Service Fees, the Guests will be asked during the
Reservation process to provide payment card information. In the case that payment
of the Reservation and Service Fees by the Guest shall take place with more than
one installment, the Service Fee (which the Service Provider uses to pay for the
transaction), will take place twice accordingly.
As a Guest, if you cancel your confirmed Reservation, the rules and refund levels of
below will apply. Please note that complete refunds may not be provided since that
is a matter governed by each Host’s terms and the Service Providers will not be
responsible if the Host refuses to refund the Guests. However, the host is
responsible for providing his choice of cancellation system, choosing between
Flexible, Medium and Strict Policies and refunding Guests according to the chosen
Cancellation Policy. In that respect Guests are strongly advised to check the terms of
each Host prior to Reservation. The Service Providers does not refund the Service
Fee to Guests in the case of cancellation after a Reservation Request has reached
the confirmed status. However, The Service Providers will refund the Service Fee
completely when the Reservation Request in question has never before reached the
confirmed status and a Host has rejected, or has failed to respond to the
Reservation Request made by the Guest. In this case, and only this case, will the
Service Providers refund the Service Fee.
Any Fees collected and received by the Service Providers from Guests for
Reservations made on the Website shall be held by the Service Providers subject to
a conditional obligation to transfer or account for such Fees to Hosts less the
The Guest undertakes to keep the Service Providers and their employees, agents,
representatives and affiliates, indemnified against all actions, claims, costs,
expenses, including legal costs and legal expenses, suffered by the Service
Providers against any loss, damage or liability (whether criminal or civil) suffered by
the Service Providers resulting from any act neglect or default of the Guest or his
employees or agents or breach of any of these Terms and Conditions.
Should a particular Guest decide to reserve a Vessel or a Listing with a Host via the
Website, the Guest, acknowledges and agrees that he shall be required to pay the
Reservation Fee as displayed in the Host’s Listing on the Website.
The Service Providers shall collect a payment from a particular Guest equal to the
Reservation Fee (including potential Cleaning and Captain Fees) plus the Service
Fee, as this will be stated on each Host’s post on the Website, immediately when
the Host confirms the Guests Reservation. As noted above, Hosts are required to
either confirm or reject a Guests Reservation Request before the request can be
made into a definite Reservation with the confirmed status. In case the Host rejects,
or fails to respond to the Reservation Request within the time allowance of 48 hours
or 72 hours depending, then the Reservation Request will be cancelled
automatically and the Guest will be refunded the total sum paid in order to make a
Reservation Request, which is the Reservation Fee (including potential Cleaning and
Captain Fees) and the Service Fee.
The Service Providers will notify each Host as soon as a Guest has successfully
completed payment. The Service Providers shall initiate the payment, less the
Commission Fee 24 hours after the check-in time of the Reservation, under the
condition that the promised services were provided to the Guest by the Host and no
complaints have been received from the Guest by the Service Provider in relation to
providing these agreed services by the Host, and the Host has acted in accordance
to these Terms and Conditions.
As a Guest, you hereby agree to pay the Service Providers (whether directly or
indirectly via a third party payment processor, subject to that third party’s terms and
conditions) the amount of the Reservation Fee plus Service Fee upon requesting of
the Reservation by the Guest. In cases that payment will take place by more than
one installment as described in these Terms and Conditions then the Guest will pay
accordingly according to the relevant sum of those installments. In case of payment
with more than one installment, the Guest shall be subject to the Service Fee as
many times as the number of installments, as the Service Providers will become
subject to paying payment fees for a number of transfers instead of a single.
The payment of the Reservation and Service Fees shall be taken directly by an
online payment system, via one of the acceptable payment methods listed on the
Website, which may include, among other methods, iDeal, PayPal, Sofort, bank
transfer and credit card (MasterCard, Visa, American Express) and such payment
shall be taken in the currency set by the particular Host. The Guest will also be
asked to provide customary billing information such as name, personal details and
payment information. As a Guest, you agree to pay all fees and charges contained
in the payment overview as stated on the Reservation Request page on our
Website, be it immediately during the process of requesting a reservation, or later
on when it is time to pay succeeding installments after the Reservation Request has
been confirmed by the Host. In case of a payment with more than one installment,
the Guest is required to pay the second and last installment a set amount of time
before the Reservation start date, according to the Cancellation Policy chosen by
the Host, as outlined below.
As a Guest you agree to pay fees of a Reservation irrespective of whether the
Service was accessed by you or by a third party using your account. It is the Guests
responsibility to take all measures that are necessary to ensure that his password
remains secret and to prevent the use or misuse of such password by any
unauthorized person. The Guest shall notify the Service Providers promptly if he
discover or suspect that his password has become accessible to or has been
misused by any unauthorized third party, so that the Service Providers can block the
particular Guest’s account.
The Service Providers shall hold all fees collected from Guests upon the issuing of a
Reservation Request, subject to a duty to transfer or account to each Host in respect
of such fees, which the Service Providers shall pay to each Host by bank transfer,
and in the currency that the particular Host have set for the relevant Listing, less the
Service Providers Commission Fee as described above. Unless the Service Providers
otherwise agreed with each particular Host, the Service Providers shall initiate the
payment to each Host of all net fees collected from Guests which are due to each
Host 24 hours after the Reservation check-in time.
Payment of the Reservation Fee from the Guest to the Service Providers shall take
place as follows: for Reservations earlier than 4 weeks from check-in, Guests will
have the option to pay 50% of the Reservation Fee and the remaining 50% should
be paid the latest 2 weeks prior to the date of check-in. For Reservations that take
place later than 4 weeks from check-in, Guests will be requested to pay 100% of the
Reservation Fee immediately.
If a Guest wants to cancel his Reservation, such Guest will need to cancel the
confirmed Reservation in his dashboard, where Reservations are listed. The Host will
be notified directly via his dashboard and via the e-mail. Guests should note
however that, the Host is entitled to, depending on the by the Host chosen
Cancellation Policy, may charge Guests additional charges for cancellation. There
are three Refund Policies for Hosts to choose from: Flexible, Medium and Strict.
Each Cancellation Policies allows different timings of cancellation and refund
different percentages of the Reservation Fee. Please note that in case of
cancellation by either the Guest or Host, the Service Providers will not in any case
refund Service Fees to the Guest for Reservations with the confirmed status.
Guests can cancel their Reservation at anytime provided they abide by the
Cancellation Policy chosen by the Host for the specific timings. The chosen
Cancellation Policy determines during which time span before check-in a Guest will
be refunded 100% of the Reservation Fee and from which time a penalty will apply.
Under the Flexible Cancellation Policy, a Guests is allowed to cancel right up to the
check-in time and they will be refunded 100% of the Reservation Fee. Under the
Medium Cancellation Policy, a Guest will be refunded 100% of the Reservation Fee
when they cancel up to 48 hours prior to the check-in time and 75% of the
Reservation Fee when they cancel within the 48 hours prior to the check-in time.
Under the Strict Cancellation Policy Guests will be refunded 100% of the
Reservation Fee when they cancel up to a week prior to the check-in time and 50%
when they cancel within the week prior to the check-in time.
For a Host the Commission Fee is not applicable in case of cancellation of a
Reservation of its Vessel or Listing, as the Reservation has not been carried out and
no Reservation Fees have been transferred to the Host at this time. However, under
the Medium and Strict Cancellation Policies, the Host will in some cases enjoy a
Reservation Guarantee. Under the Medium Cancellation Policy, the Host will receive
no Reservation Guarantee when a Guest cancels up to 48 hours prior to the check-in
time and will receive a Reservation Guarantee of 20% of the Reservation Fee when a
Guest cancels within the 48 hours prior to the check-in time. Under the Strict
Cancellation Policy, the Host will receive no Reservation Guarantee when a Guest
cancels up to 1 week prior to the check-in time and will receive a Reservation
Guarantee of 40% of the Reservation Fee when a Guest cancels within the week
prior to the check-in time.
The Service Providers take your privacy very seriously. We ask you that you read the
it contains important information about what to expect when the Service Providers
collect personal information about you and how we will use your personal data.
Guests and Hosts agree:
1) not to use this Website to upload or distribute in any way files that contain
viruses, corrupted files, or any other similar software or programs that may damage
the operation of another's computer; 2) not to interfere or disrupt this Website or
any networks connected to this Website; 3) not to use any device, software or
routine or attempt to interfere with the proper functioning of this Website or any
transactions being offered at this Website; 4) not to take any action that imposes an
unreasonable or disproportionately large load on the Website infrastructure; 5) not
to use this Website to collect or harvest personal information, including, without
limitation, financial information, about other participants at this Website; and 6) not
to impersonate any person or entity or falsely state or otherwise misrepresent the
Hosts or Guests affiliation with a person or entity. Hosts and Guests agree not to use
the services, products, or downloads available at this site for illegal purposes, and to
comply with all regulations, policies and procedures of networks connected to this
Compliance With Laws
Guests and Hosts shall comply with all applicable laws and regulations of the
Kingdom of The Netherlands and foreign authorities relating to any service,
product, or download associated with this Website.
Age and Responsibility
The Guests and the Hosts represent that they are of sufficient legal age to create
binding legal obligations and to be responsible for any contractual and/or financial
liabilities that they may incur as a result of the use of this Website. Guests and Hosts
understand that they are financially responsible for all uses of this Website and/or
those using their login name and password. Should a Guest or a Host have lost or
become aware that an unauthorized person may have access to his login name
and/or password, must contact us the Service Providers immediately.
Posting of Digital Files and Communications
If this Website should at any time provide any service which enables Hosts or Guests
or any other third parties to post digital files and/or to communicate with, or
otherwise share information with other persons, you agree not to submit, publish,
display, disseminate, or otherwise communicate any defamatory, inaccurate,
abusive, threatening, offensive, or illegal material while connected to or otherwise
directly or indirectly using this Website or other services provided to you by the
Website. Transmission of such material or any material that violates any law in the
Kingdom of The Netherlands or anywhere else in the world is strictly prohibited and
shall constitute a material breach of this Terms and Conditions entitling the Service
Providers to immediately terminate all rights to access to this Website. You are
solely responsible for all information, which you submit, publish, display,
disseminate or otherwise communicate through this Website even if a claim should
arise after termination of service. If this Website provides any such service described
herein, you agree that all messages and other communications by you shall be
deemed to be readily accessible to all other guests/subscribers who are authorized
to access this Website and you agree that all such messages and other
communications shall not be deemed to be private or secure.
Neither Hosts nor Guests are allowed to reveal personal information and contact
details including but not limited to their surnames, emails, personal or business
websites, Skype or other VoIP IDs via the messaging platform of our website.
Messages that content such information will be edited and the inappropriate
information will be hidden or deleted. Repeated violation of this term might result
to temporary or permanent termination of the Service Provision.
Regardless of whether this Website provides any type of service described herein,
you agree that you have hereby been informed and noticed that any and all
messages and other communications which you either as a Host or as a Guest
submit to this Website directly or through this Website can be read by the operators
and/or other agents of this Website, whether or not they are the intended
recipient(s). You agree to be personally liable and fully defend and indemnify this
Website and the Service Providers for any and all damages directly, indirectly and/or
consequentially resulting from your attempted or actual sharing of information or
communicating with others through this Website alone, or with or under the
authority of, any other person(s), including, without limitation, any governmental
agenc(y)(ies), wherein such damages include, without limitation, all direct and
consequential damages directly or indirectly resulting from sharing of information or
communicating with others through this Website including, but not limited to,
damages resulting from loss of revenue, loss of property, fines, attorney's fees and
costs, including, without limitation, damages resulting from prosecution and/or
governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
The copyright in all material provided on this Website is owned by the Service
Providers or by others. You as a Host or as Guest acknowledge and agree that this
Website contains proprietary information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that information
presented to you through this Website, including text, graphics, logos, icons,
images and software, and the arrangement and compilation of such content, are the
property of the Service Providers or their content suppliers or others and is
protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. The Service Providers do not grant any license or authorization to
any user of its copyrightable material or other intellectual property, by placing them
on this Website. Furthermore, except as stated herein, none of the material may be
copied, reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to, electronic,
mechanical, photocopying, recording, or otherwise, without the prior written
permission of the Service Providers or the copyright owner. However, you may print
a copy of the information on this Website for your personal, non-commercial internal
use or records. In so doing, you may not modify the materials and you agree to
retain all copyright and other proprietary notices contained in the materials. This
permission does not give you any ownership rights in the information and
terminates automatically if you breach any of these Terms and Conditions. If you
make any other use of this Website, except as otherwise provided herein, you may
violate copyright and other laws of the Kingdom of The Netherlands and/or
copyright and other laws of other countries and may be subject to penalties.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on
this Website are registered and unregistered Trademarks of the Service Providers
and others. Nothing on this Website should be construed as granting, by
implication, estoppels, or otherwise, any license or right to use any Trademark
displayed on the Website, without the written permission of the Trademark owner.
The Service Providers aggressively enforce their intellectual property rights to the
fullest extent of the law. The Trademark(s) may not be used in any way, including in
advertising or publicity pertaining to distribution of materials on this Website,
without prior, written permission. The Service Providers prohibit the use of any of
the foregoing names or marks as a meta tag or as a "hot" link to any site unless the
Service Providers approve establishment of such a link in advance in writing. If you
have any questions regarding any Trademarks on the Website, please contact the
This Website may provide links to other Internet sites. The Service Providers are not
responsible for the availability of such other sites and do not endorse and are not
responsible or liable for any content, products or other materials available on such
other sites. Links to external web sites do not constitute an endorsement by the
Service Providers of those sites or the sponsors of such sites or the content,
products, advertising or other materials presented on such sites. Further, the Service
Providers reserve their right to terminate any link or linking program at any time. The
Service Providers do not author, edit, or monitor these unofficial pages or links. You
further acknowledge and agree that the Service Providers shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any information, services
available on or through any such site if you decide to access any of the third party
sites linked to this site, you do this entirely at your own risk.
Participation in Promotions of Advertisers
You as a Host or as a Guest may enter into correspondence with or participate in
promotions of advertisers promoting their products or services on this Website
("Advertisers"). You acknowledge and agree that any such correspondence or
participation, including the delivery of and the payment for goods and services, and
any other terms, conditions, warranties or representations associated with such
correspondence or promotions, are solely between you and Advertiser. The Service
Providers shall have no liability, obligation or responsibility whatsoever arising out of
or in connection with any such correspondence or participation or transactions.
You acknowledge that the Service Providers or their designee’s reserves the right to,
and may (from time to time) monitor any and all activity or information transmitted
or received through this Website. The Service Providers in their sole discretion and
without further notice, may (but is not obligated to) review, censor or prohibit any
activity or the transmission or receipt of any information which the Service Providers
deem inappropriate (such as that specified in above) or that violates these Terms
and Conditions. During monitoring, information may be examined, recorded,
copied, and used for authorized purposes. Use of this Website, authorized or
unauthorized, constitutes consent to such monitoring. Unauthorized uses and
unauthorized users of this Website will be prosecuted to the full extent of the law.
This Website and all information contained on this Website, and except to the
extent expressly provided in a license agreement for software or content and the
services obtained through this Website, are provided on an "as is" basis from the
Service Providers and their information providers, the Service Providers and their
affiliates and content providers make no representations or warranties of any kind,
express or implied, relating to these Terms and Conditions, the performance under
these Terms and Conditions, the services available on this website, the operation of
the software available on this Website, the transactions performed on this Website,
or the information, content and materials included on this Website. To the fullest
extent permissible by applicable law, each of the Service Providers affiliates,
employees, agents and content providers disclaim all warranties, express or implied,
including but not limited to implied warranties of merchantability, fitness for a
particular purpose, title and/or non-infringment. Without limiting the foregoing none
of the Service Providers or their affiliates or content providers make any warranty
that 1) the services offered on this website will meet your requirements; 2) the
services offered on this website will be uninterrupted, timely, secure, or error-free; 3)
the results that may be obtained from the use of the services will be accurate or
reliable; 4) the content or information available on this website is complete, accurate
or available, or 5) the quality of services, information, or other material purchased or
obtained by you either as a host or as a guest through the services will meet your
expectations. No advice or information, whether oral or written, obtained by you
from the service providers or through this website shall create any warranty not
expressly made herein.
The Service Providers and affiliates and content providers and their respective
shareholders and affiliates shall not be liable for any loss of business, loss of use or
of data, interruption of business, lost profits or goodwill, or other indirect, special,
incidental, exemplary or consequential damages of any kind arising out of this
agreement, even if they have been advised of the possibility of such loss and
whether or not they had any knowledge, actual or constructive, that such damages
might be incurred, and notwithstanding any failure of essential purpose of any
limited remedy. This exclusion includes any liability that may arise out of third-party
claims against you as a guest or as a host. The Service Providers and or their
directors, and/or their officers, and/or their servants and/or their agents and/or their
shareholders shall not have any liability in case of death or injury or damages or
cancellation of reservations or delays caused by a hosts to the guests of the website
due to the hosts acts, omissions whether negligent or otherwise or however caused.
The Service Providers and/or their directors, and/or their officers, and/or their
servants, and/or their agents and/or their shareholders shall not have any liability in
case of damages, loss, economic loss however caused to a vessel or to the host by
the guests of the website.
The Host and/or the Guest shall indemnify, defend, and hold harmless the Service
Providers and their content providers and their respective shareholders, affiliates,
employees, agents, successors, officers, and assigns, from any suits, losses, claims,
demands, liabilities, costs and expenses (including attorney and accounting fees)
that they may sustain or incur arising from 1) your use (either as a Host or Guest) of
the software available at or downloaded from this Website; 2) your failure (either as
a Host or Guest) to comply with any applicable laws and regulations or to obtain any
licenses or approvals from the appropriate government agencies necessary to
provide be provided with any services; 3) your use (either as a Host or Guest) of the
content available on this Website in any way contrary to this Terms and Conditions;
4) your breach (either as a Host or Guest) of any of your representations, warranties
or obligations set forth in these Terms and Conditions; 5) the sale, purchase,
transportation, delivery, use or disposal of any of the Service Providers services, or
download associated with this Website or available through other sites, or any loss
suffered by or harm to any person or property in any way relating to of caused in
whole or in part by your use of this Website or any service, or download associated
with this Website (including, without limitation, any personal injuries or death of any
third person caused in whole or in part by such services, the use, transportation,
delivery, storage, handling or release thereof), and 6) any taxes attributable to the
relating to any service, or download associated with this Website.
Beneficiaries of this Agreement
The rights and limitations in these Terms and Conditions are for the benefit of the
Service Providers, which shall have the right to enforce their rights hereunder
directly and on their own behalf.
You as a Host or as a Guest agree that the Service Providers may, at their sole
discretion, deny you access to the Website and disable any login name and
password associated with you for any reason, including, without limitation, if the
Service Providers believe that you have violated or acted inconsistently with the
letter or spirit of these Terms and Conditions. The Service Providers reserve the
right at any time and from time to time to modify or discontinue, temporarily or
permanently, the services offered under this Website (or any part thereof) with or
without notice. You agree that the Service Providers shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the services
offered under this Website.
The Service Providers will not be liable for any changes caused by natural disasters,
threats of war, weather conditions, industrial or labour disputes or any similar
event(s) beyond our control.
Applicable Law and Jurisdiction
This Agreement shall be governed and construed and interpreted in accordance
with the Laws in the Kingdom of The Netherlands and both parties submit to the
jurisdiction of the courts of the Kingdom of The Netherlands.
BY ACCESSING THIS WEBSITE OR USING ANY SERVICE PROVIDED HEREIN YOU
AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS
AND CONDITIONS SET HEREIN ABOVE IN THIS AGREEMENT, PLEASE EXIT THIS