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Renter Policies and Procedures
Last Modified: April 24, 2015
Welcome Aboard! These Policies and Procedures supplement the BOATSETTER’s Terms of Service Agreement, incorporated herein, and are binding on you as the Renter! Additional and further terms and conditions will exist between you and the Boat Owner pursuant to the Bareboat Charter Agreement. Please read and understand your obligations carefully and never hesitate to ask if you don’t understand something.
Remember, BOATSETTER does not itself offer or provide bareboat charter services. The BOATSETTER website simply brings people together. You are solely responsible for determining the suitability for charter of a Boat listed on the BOATSETTER website.
Users 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.
Renter is solely responsible for confirming 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.
- Personal Use Only. Boats may only be chartered for personal use.
- Reasonable Activities. You may not engage in competitive boating or racing; carrying passengers in areas of the boat other than in the areas designated for passengers; carrying passengers or anything else in excess of the capacity of the Boat; using the Boat to push, propel or tow another boat; or illegal or dangerous activities. You must not use the Boat for high risk activities such as diving with compressed air apparatus. You must drive and dock with reasonable care, keep and return the Boat clean, and return it on time. You must at all times comply with all laws and regulations in respect to the use and operation of the boat.
- Captains. If you desire the services of a licensed Captain or if the chartered Boat requires you hire a licensed Captain, BOATSETTER can assist in providing a list of available licensed Captains, or, you can hire a properly credentialed, licensed and experienced Captain on your own. If you choose a Captain, you’re responsible for making sure the Captain registers on the BOATSETTER website.
- Remember, you as the Renter are always the contracting employer of the Captain and you agree that the Boat Captain Service Agreement (copy incorporated herein) governs the relationship between you and the Captain. Review that agreement carefully and ask if you have any questions about its terms and conditions BEFORE you charter.
- Captain Refusal. The Owner may refuse a Renter’s Captain selection, and in that event you’ll have the opportunity to tender another choice of Captain.
- On water support. Certain on the water support as well as towing is provided by The Boat Owners’ Association of the United States. Prior to the Charter, Renter is given contact information and instructions on how to obtain this service in the unlikely event it’s required. See the Charter Agreement and Fee Schedule, all incorporated herein, for more information.
- Fuel: You must return the Boat with the same amount of fuel in the tank as there was at the start of the Charter. If the fuel is not filled back to the level present at the beginning of the Charter, You’ll be charged $6.00 per gallon for each gallon of deficiency. See the Fee Schedule, for more information.
- No Pets: You can’t bring pets aboard unless specifically approved by the Boat’s Owner.
- Geographic limitations of use: Boats may only be used in inland and coastal waters of the continental United States of America.
- Designated Area of Use: Boats must not be driven out of the designated area as indicated on the BOATSETTER Owner’s listing without the consent of the Owner and BOATSETTER. Unless otherwise specifically approved in writing by the Owner and BOATSETTER the Boat may not venture more than 12 miles off the coastline or 2 miles if the boat is manually powered or canoe, paddleboard or such similar type of vessel.
- Illegal activities: You may not carry out a crime or participate in any other illegal activity while operating the Boat. No illegal drugs, firearms or contraband shall be allowed on the Boat. Only United States citizens or individuals lawfully in the Country may be allowed aboard the Boat. Obviously, Renter is prohibited from using the Boat for any negligent activity where the intent is abusive or abnormal for its typical operation. See the Charter Agreement for more information.
- Renter eligibility: Please read and understand the Renter Eligibility Requirements.
- Named wind storms: All reservations must be cancelled and boats returned when the vessel is within the National Hurricane Center 1-3 day “Track forecast cone” for named or numbered storms as declared by the National Hurricane Center. See the Fee Schedule for more information.
- Documentation of Pre-existing Damage: Before accepting the Boat, Renters may submit electronic photographs of any pre-existing damage to Owner. Photos must be time stamped prior to the beginning of the Charter. Renters may be liable for any damage they fail to document before accepting the Boat, at the discretion of BOATSETTER. Renter must acknowledge acceptance of the Boat’s condition upon the start of the charter period and upon the return. The Boat’s condition must be recorded on the BOATSETTER electronic Check-In and Check-Out application or such other form as may be provided. IMPORTANT: A failure to properly and timely complete these forms may result in the loss of insurance coverage!
- Financial responsibility for damage: The Renter is liable whether or not a Captain is piloting the Boat for the deductible associated with the insurance coverage obtained through the BOATSETTER website, and any amounts beyond that which the Renter is deemed liable for, such as damages resulting from negligence or other items not covered by the insurance. The deductible amount may be withdrawn or charged directly to the Renter’s credit card by BOATSETTER. The deductible amount and other fees are listed in the Fee Schedule.
- Citations and Violations of Law: Renter agrees to be solely liable whether or not a Captain is piloting the Boat, for tickets, citations, and other violations that occur during the Charter Period, and all fees resulting from such violations. It is the sole responsibility of the Renter to pay these fees in a timely manner and to comply with all legal obligations that arise from such violations. See the Fee Schedule for more information and for certain exceptions.
- Boat Modification: Renters may not place stickers, signs, symbols, or other devices, modifications, advertisements or publicity materials on the interior or exterior of the Boat without the permission of the Owner and BOATSETTER.
- Drugs and alcohol: Renters may not operate the Boat while under the influence of alcohol, any prescription or non-prescription drug for which driving during use is not recommended on the label, or by reasonable opinion of a pharmacist or doctor.
- Maintenance and Repairs: The Renter is not responsible for routine maintenance and repairs of the Boat. The Renter may be held liable whether or not a Captain is piloting the Boat for the repair cost of all other repairs or damage to the boat arising during the Charter Period, and must follow the reporting, claims processing, and repair procedure set forth herein for all such damage.
- Driving Record: If a Renter incurs any incident or violation that affects the Renter’s eligibility in the Service as described in the Renter’s Eligibility section, that Renter becomes immediately ineligible and must defend, indemnify and hold-harmless both BOATSETTER, BOATSETTER Affiliates and the respective Boat Owner from any and all demands, claims, losses, liens and damages of whatsoever nature occurring as a result of that Renter’s operation of the Boat.
- Cancellations: Cancelling Charters will result in a fee as outlined by BOATSETTER’s Fee Schedule.
- Late Returns: Returning a boat late will result in a fee as outlined by BOATSETTER’s Fee Schedule.
- No Shows: Failing to show up to rent a Boat will result in a fee as outlined by BOATSETTER’s Fee Schedule.
- Local conditions: The Renter is responsible to understand local conditions that effect safe boating such as weather, currents, tides and other local conditions and customs.
- Nontransferable: In no event shall Renter sub-lease the boat to another person or entity. Renter’s rights under this agreement are non-transferable.
- 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.
- Insurance Claims. You agree to the following insurance claim procedures for each Charter.
- Reporting: It is the responsibility of the Renter to report a claim for any incident that occurs during the Charter, or for which the Renter is otherwise responsible. The Renter must notify the Owner and BOATSETTER immediately of any major or minor incident that occurs. In an emergency, the Renter should first radio for Coast Guard or other local governing authority and/or call 911, then notify the Owner and BOATSETTER as soon as possible. The Renter must fill out an Incident Report Form as soon as possible and no later than 2 days following an incident and must otherwise timely complete and submit such forms as are required by the U.S. Coast Guard.
- Damage Assessment: It is the responsibility of the Owner to have the Boat assessed for damage by a reputable repair facility qualified to perform required repairs. If the Renter is found to have been negligent and/or responsible for the incident, the Renter may owe the Owner an inconvenience fee for the time period it takes to repair the boat to the pre- Charter condition.
- Claim Submission: The Renter should notify the Owner and BOATSETTER at email@example.com. The Renter will be required to fill out an Incident Report Form. The Renter will submit the form and any additional documentation required by the insurer within 48 hours of an incident.
- Deposits and additional charges: Prior to sending a reservation request to an Owner a pre-authorization is charged against the Renter’s credit card in the full amount of the Charter and a minimum $500 deposit. Immediately upon confirmation of an accepted charter the full amount of the Charter plus the minimum deposit of $500 will be charged to the Renter’s credit card provided or on file. BOATSETTER may retain the deposit and charge the credit card for additional expenses or damage above the deposit amount for the benefit of the Owner. Should a Renter object he must notify BOATSETTER in writing within 30 days of the date which the charge occurred.
27. 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.