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Last Modified Date: April 23, 2015
Welcome Aboard! These Policies and Procedures supplement the BOATSETTER’s Terms of Service Agreement, incorporated herein, and are binding on you as the Owner! Additional and further terms and conditions will exist between you and the Renter pursuant to the Bareboat Charter Agreement. Please read and understand your obligations carefully and never hesitate to ask if you don’t understand something.
These Policies and Procedures apply to your use of the BOATSETTER service (“Service”) as a boat Owner. For the purposes of this document, a “Boat” means any vessel you make available to renters through the BOATSETTER website and includes all of its machinery, electronics, equipment, rigging, gear, sails, contents and appurtenances. (It does NOT include the Boat’s Tender.) The term “Owner” means the person or entity that has registered on the BOATSETTER website and has title to the Boat or is otherwise the registered and/or documented owner of the Boat.
These Policies and Procedures are made part of and incorporated into the BOATSETTER Terms of Service Agreement. The Boat Eligibility Requirements are also made part of and incorporated herein.
Remember, BOATSETTER does not itself offer or provide bareboat charter services. The BOATSETTER website simply brings people together. You are solely responsible for determining whether to offer a boat for charter on the BOATSETTER website.
The Boat must satisfy eligibility requirements in order to qualify for insurance coverage. NEVER assume insurance coverage exists. Look for specific confirmation of insurance coverage from BOATSETTER.
Owner is solely responsible for the accuracy of the Boat listing and solely responsible for knowing and abiding by the laws and regulations for owning and operating a Boat in the jurisdiction in which the Boat will be chartered and used.
1. BOAT LISTINGS.
a. As a user of the Service (“User”), you may create Listings. To this end, you will be asked a variety of questions about the Boat to be listed, including, but not limited to, the value, location, size, features, availability of the Boat, pricing, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Service. Other Users will be able to book your Boat for a bareboat charter via the Service based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Boat, the price for such booking may not be altered without first contacting BOATSETTER who at its sole discretion may allow or not allow a price alteration.
b. You acknowledge and agree you are responsible for any and all Listings you post including responsibility for their accuracy. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renters use of, a Boat in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Boat included in a Listing you post, including, but not limited to, insurance requirements, United States Coast Guard regulations, zoning laws, marina regulations, and laws governing the charter and operation of your Boat, (iii) not conflict with the rights of third parties and (iv) shall be accurate and shall include completion of the Check-In and Check-Out forms.
c. Please note that BOATSETTER assumes no responsibility for an Owner’s compliance with any applicable laws, rules and/or regulations.
d. BOATSETTER reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that BOATSETTER, in its sole discretion, considers to be objectionable for any reason, in violation of these terms or otherwise harmful to the Service.
e. Please note that chartering your Boat may void, among other things, your own insurance policies, bank loan, boat mortgage and/or warranty terms associated with the same. Understand the implications of bareboat chartering your Boat before doing so!
f. You understand and agree that BOATSETTER does NOT act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your Boat and charters your Boat, any agreement you enter into with a third party such as the Renter or an Affiliate is between you and the third party and BOATSETTER is NOT a party thereto. Notwithstanding the foregoing, BOATSETTER serves as the limited authorized agent of the Owner and Affiliate for the purpose of accepting payments from Renters on behalf of the Owner and Affiliates and is responsible for transmitting such payments.
g. Read Carefully:As an accommodation to you and the Renter, BOATSETTER provides a form Bareboat Charter for use by you and the Renter in connection with the charter of your Boat. BOATSETTER provides the Bareboat Charter without any warranties or representations whatsoever and it is the sole responsibility of you and the Renter to read, understand and make certain the Bareboat Charter is suitable and acceptable. You agree that BOATSETTER is not responsible for any claims arising out of your use of the Bareboat Charter and it is your sole responsibility to seek legal advice and to fully understand the implications of Bareboat Chartering.
g. When you create a Listing, you may also choose to include certain requirements which must be met by the Users requesting a booking of your Boat, including, but not limited to, requiring Users have a profile picture, verified phone number, or captain in order to book your Boat. Any User wishing to book Boats included in Listings with such requirements must meet these requirements; however, as noted below, we do not attempt to confirm or verify such information.
2. Owner revenue and pricing. Owner will have the ability to set the net amount desired in earnings for each Charter. The published price the Renter will pay for chartering your Boat (the “Charter Expense”) will consist of the sum of the Owner’s indicated net amount plus purchased services such as insurance and towing as well as marketing, credit card processing and other fees. Upon successful completion of each Charter and receipt of the Renter’s completed Check-In and Check-Out Forms, BOATSETTER will pay the Owner and other appropriate parties based on services purchased. See the Fee Schedule, incorporated herein, for more information.
3. BoatSetter Affiliates: BOATSETTER Affiliates. As a convenience for Users BOATSETTER identifies affiliates nationwide, including but not limited to, Marinas, Captains, yacht management and other service providers (collectively, “Affiliates”) to assist with various processes such as but not limited to: Boat certificate of condition, Boat and Renter check out/in, maintenance services, Captaining services. When performing services for the Owner these BOATSETTER Affiliates are considered to be agents and authorized representatives solely of Owner and not BOATSETTER. The Owner is solely responsible for approval of BOATSETTER Affiliates as agents and authorized representatives of Owner. For your convenience you will be able to purchase and pay for these services through the BOATSETTER web site.
- Initial boat condition: By listing your Boat, you warrant and represent your Boat is seaworthy, that it will be maintained in a seaworthy condition and that it is otherwise fit, safe and fully compliant with all local, state and federal laws. During the Charter Period, Owner should always make himself or a delegate someone with knowledge of the Boat available to respond to the Renter’s questions. Remember, before each charter it’s your responsibility as the Owner to inspect your Boat and its associated engines, gear, batteries, equipment and safety devices to make sure they’re all in good working order, accessible and otherwise ready for use.
- Regularly Scheduled Maintenance: Owner is responsible for obtaining regularly scheduled maintenance for the Boat in accordance with all government and manufacturer recommendations and in accord with good seamanship practices (“Maintenance”).
- BoatSetter maintenance plan: For Owner’s convenience, monthly maintenance plans (“Affiliate Maintenance Plans”) are available from authorized BoatSetter Affiliates. Including your Boat in such Affiliate Maintenance Plans may improve your Boat’s ranking on the Service.
5. Check-in and CHECK-out of Charter.
a. Owner is SOLELY RESPONSIBLE, whether the Check-In and Check-Out process is completed by Owner or a delegate and whether or not the delegate is sourced by the Owner or through a BOATSETTER Affiliate, to review with Renter all safety features, vessel operation procedures, quirks of the Boat, conditions of use and documentation of conditions of the Boat prior to the start of any Charter.
b. Owner is solely responsible to verify that all of United States Coast Guard required safety and lifesaving items are aboard the boat, adequate, readily accessible and in good working order.
c. Any existing damage that is not documented by the Owner prior to the Charter is solely the responsibility of the Owner.
d. The Owner or Owner’s representative MUST complete the BOATSETTER Check-In and Check-Out forms at the beginning and completion of each Charter. IMPORTANT: A failure to properly complete these forms may result in the loss of insurance coverage!
e. Upon successful completion of each Charter and receipt of the completed Check-In and Check-Out forms, BOATSETTER will pay the Owner and other appropriate parties based on services purchased and in accord with the Terms of Service and Fee Schedule.
a. As an accommodation to Owner and Renter, BOATSETTER makes available a list of approved Captains and guides available for service on listed Boats.
b. If an Owner requires his/her/its Boat to be rented with a Captain on board, BOATSETTER will identify a minimum of two Captains available through the BOATSETTER website. Additionally, Owner can designate his/her/its preferred licensed captains provided they register on the BOATSETTER web site. Remember to make certain the Renter’s licensed captain satisfies any applicable insurance requirements.
c. In the event Renter desires to identify and nominate a licensed Captain not listed by BOATSETTER, Owner and Renter are responsible for making sure the Captain registers on the BOATSETTER website and otherwise satisfies all insurance requirements.
d. If the boat is used in the navigable waters of the United States, the Renter must make the decision on which licensed Captain it would like to retain. Whatever the case, the Renter is ALWAYS the contracting employer of the Captain as is agreed in the Captain Service Agreement, incorporated herein.
e. Owner may always reject the proposed Captain and may insist on the selection of a different licensed Captain.
7. ON WATER SUPPORT. For each Charter, certain on water support is provided by TowBoatUS marine assistance. The cost for this service is included with the insurance and towing expense and added to the Charter price. (Always check to make certain that insurance appropriate to your needs is in place prior to the charter.) This TowBoatUS marine assistance service does not include salvage, wreck removal and/or pollution control services.
8. SAFETY. Owner is responsible for ensuring the Boat has all of the safety and life saving equipment required by law and all government agencies as well as what would be expected in the practice of good seamanship for the water where the Boat is being used, including but not limited to life jackets, fire extinguishers, flares, etc. and that it is all readily accessible and in good working order.
9. OPERABILITY. Owner is responsible for maintaining the Boat so that it may be safely operated by any Renter and seaworthy at all times. Owner may not place in the Boat any modifications, devices, equipment or other items that may interfere with the safe operation of the Boat or which are not endorsed or approved by the manufacturer.
10. CLEANLINESS. Owner is responsible for making sure that the Boat is clean, sanitary and otherwise appropriate to receive the Renters at the start of each Charter period.
11. Location of Boat and Charter Procedures.
- Charter location: Owner must make the Boat available at an agreed location accessible to Renter prior to the commencement of the reserved Charter time.
- Drugs: Owner will not use or carry illegal contraband in the Boat at any time.
- BOATSETTER fees: For every Charter of your Boat, BOATSETTER will charge fees as outlined in the Fee Schedule, incorporated herein.
- Payment: BOATSETTER will transfer to Owner the charter fees earned by the Owner and paid by Renter as stated in the payment section of the Terms of Service.
- Fuel: Owner is responsible for keeping the fuel tank full or at the maximum capacity allowed by the Boat’s marina or the maximum capacity recommended by the manufacture at all times when the Boat is available for Charters.
- On Time Availability: If the Owner approves a Charter to begin at a specified time, it is the Owner’s responsibility to make the Boat available to the Renter at that time and in the agreed-upon location to avoid a fee as outlined in the Fee Schedule.
- Cancellation: Cancelling a scheduled Charter will result in a fee as outlined by the Fee Schedule.
- Damage: Upon return of the Boat after each Charter and as permitted by the terms of the Service, the Owner or his authorized representative is given the option to submit photographs of any new damage to BOATSETTER. Any new damage must be noted on the Check-In of the Boat otherwise the Owner waives the right to collect for such damages. The Owner may be held liable for any damage the Owner fails to document immediately upon acceptance of the returned Boat. If inspection of all or part of the Boat is not possible upon return, the Owner will have 18 hours after the Charter to complete an inspection and report any new damage to BOATSETTER. If the Owner fails to complete and report the inspection to BOATSETTER within 18 hours of the Charter, Owner will be deemed to have accepted the Boat as being in the same or similar condition as before it was chartered.
- Ownership and Registration: The Owner must possess and keep documentation of ownership and a valid copy of the Boat’s registration on the Boat at all times.
12. Regulations related to chartering recreational boats.
Most privately owned boats are what the U.S. Coast Guard considers uninspected vessels. These usually are registered as recreational. Uninspected vessels can be chartered out under the arrangement referred to as a bareboat charter. Boats listed on the website and insured through the BOATSETTER website must be chartered under the rules that apply to bareboat charters:
A bareboat charter is an arrangement for the chartering or hiring of a boat, whereby no crew or provisions are included as part of the agreement; instead, the person who rents the boat from the owner is responsible for taking care of such things. The owner gives possession of the boat to the renter also referred to as a charterer and the renter hires its own captain and crew.
Remember, this isn’t an automobile rental! This is the bareboat charter of a vessel and it’s important you understand all of your rights, liabilities and obligations. For your ease, here are some basics of bareboat charters:
- The owner retains the title of the vessel for the duration of the bareboat charter.
- The renter stands in the shoes of the owner for purposes of managing the boat.
- The renter is responsible for the safe navigation of the vessel.
- A bareboat charter can only carry up to 12 passengers plus paid crew.
- A bareboat charter cannot carry passengers for hire.
- If a captain is retained the charterer must hire the captain.
OUPV exception: A USCG licensed captain with an OUPV endorsement can captain his own uninspected boat providing there are no more than six paying passengers aboard and the boat is less than 5 net tons.
This summary of bareboat charters is not intended to be all inclusive and must NOT be relied upon as legal advice. The Owner and Renter is each responsible to know and follow all laws and regulations related to bareboat chartering and for reading, understanding and agreeing to the Bareboat Charter Agreement.
13. INSURANCE POLICY.
Owner is required to maintain his/her/its own insurance at all times. The insurance policy available through the BOATSETTER website shall cover hull damage in the amount which is stated by the Boat Owner or actual cash value whichever is the lesser. Third party liability insurance provided through the BOATSETTER website shall not exceed $1,000,000 Combined Single Limit. Medical Payments are Not Covered. Renter will be responsible for deductibles in the amount of 2% of the hull value or $500, whichever is the greatest and $500 for liability claims. To report a claim the Owner should contact firstname.lastname@example.org within 24 hours of the incident. Remember, don’t assume there’s insurance coverage. Make sure you receive written confirmation of insurance coverage.
14. Special underwriting. Boats that do not meet the following criteria MUST receive specific approval to be covered by insurance. Requests for approval will be made by BOATSETTER on your behalf during the boat registration process.
- Valued over $250,000.
- In excess of 10 years of age
- Boats to be used beyond 12 miles of a US coastline.
15. PROHIBITED BOATS.
The following boats are specifically excluded from the insurance supplied through the
- Personal Watercraft, Trimarans, Tenders, Racing vessels of any description, Ferrocement vessels, Homemade vessels.
- Boats over 25 years of age
- Boats with a top speed in excess of 55 mph unless the Boat is to be piloted by a licensed captain in which case the top speed is 79 mph.
- Carbon Fiber or Composite Hulled/Masted Boats
- Boats modified in any way that is not endorsed by the manufacturer.
16. Claims for Loss or Damage.
- Responsibility for Claim: If a Boat is damaged during a Charter, it is the responsibility of the Owner to gather relevant information and submit an insurance claim through BOATSETTER.
- Coverage Period: Where insurance is obtained through the BOATSETTER website, the Owner’s Boat is covered by the insurance policy solely during the official Charter period as outlined under BOATSETTER’s Insurance Summary.
- Damage Assessment: In addition to other notice requirements set forth herein, it is the responsibility of the Owner to have the Boat surveyed within 7 days of a reported incident. The Owner must make the Boat reasonably available during this time. The Owner must submit proper documentation of damage assessment as required by any insurance company.
- Owner-Initiated Claims: If the Owner believes damage or loss was caused by a Renter and the Renter denies he/she/it caused the damage or loss or the damage occurred during his Charter period, the Owner may notify email@example.com.
- Renter competence: The Owner is responsible for establishing the Renter or operator’s competence. If the Owner delegates this responsibility to a third party such as a BOATSETTER affiliate or other person the Owner gives the delegate his/her/its express permission to approve the Renter.
- Violations: In addition to such other liabilities as may exist, Owner is solely responsible for all violations, towing charges, damage, and other fines, obligations, and losses incurred in relation to the Boat (a) other than during a Charter, or (b) arising from the Owner’s breach of the Terms of Service including, without limitation, these Owner Policies and Procedures.
- Dispute Resolution & Governing Law. (a) See Terms of Service for dispute resolution procedures, applicable law and choice of forum as respects all disputes arising between you and BOATSETTER. (b) See the Bareboat Charter Agreement for dispute resolution procedures, applicable law and choice of forum as respects all disputes arising between the Owner and Renter. (c) See the Boat Captain Service Agreement for dispute resolution procedures, applicable law and choice of forum as respects all disputes arising between Renter and the Captain.