Last updated October 17, 2016
Welcome Aboard! These Renter Policies and Procedures supplement BOATSETTER’s Terms of Service Agreement, incorporated herein by reference, and are binding on you as the Renter! All terms with an initial capital letter that are used herein but not specifically defined in this document shall have the respective meanings given to such terms in the BOATSETTER Terms of Service Agreement.
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.
Renters must satisfy Eligibility Requirements in order to qualify for insurance coverage. NEVER assume insurance coverage exists. Look for specific confirmation of insurance coverage from underwriters.
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 chartering and operating a Boat in the jurisdiction in which the Boat will be chartered and operated.
1. Renter Representations and Warranties.
- At the time of the Charter Renter is at least 25 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement;
- Renter does not have any medical conditions or limitations that may interfere with his or her ability to safely operate or use the Boat.
- Renter has not previously been removed from the Service unless Renter has a currently valid notice of reinstatement from BOATSETTER;
- Renter’s User Profile and BOATSETTER's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
- Renter’s User Content and other information that Renter has or will provide to BOATSETTER is truthful and accurate.
- Renter agrees to inform BOATSETTER of any changes in Renters driving record including but not limited to any driving “incidents or any Major Violations” (See Renter Eligibility Requirements);
- Renter is and will remain in compliance with and agree to abide by the BOATSETTER Renter Eligibility Requirements;
- Renter is and will remain in compliance with and agree to abide by the BOATSETTER Renter Policies and Procedures for the duration of Renter’s participation in the Service.
- Renter will abide by all statutory and regulatory requirements of the United States, as well as the state and locality in which the Charter takes place.
- Personal/ Recreational Use Only. Boats may only be Chartered for personal/recreational use.
- Reasonable Activities.
- Renter may not:
- engage in competitive boating or racing;
- carry passengers in areas of the Boat other than in the areas designated for passengers;
- carry passengers or anything else in excess of the capacity of the Boat;
- use the Boat to push, propel or tow another boat or craft;
- use the Boat for illegal or dangerous activities;
- use the Boat for high risk activities such as diving with compressed air apparatus.
- Renter must:
- operate and dock the Boat with reasonable care;
- keep the Boat clean throughout the Charter;
- return the Boat clean and on time;
- comply with all laws and regulations in respect to the use and operation of the Boat
- Captains. If Renter desires the services of a licensed Captain or if the selected Boat requires Renter to hire a licensed Captain, BOATSETTER can assist in providing a list of available licensed Captains, or, Renter can hire a properly credentialed, licensed and experienced Captain of its own. If Renter chooses a Captain not already registered on the BOATSETTER website for the Charter, Renter is responsible for making sure that the selected Captain registers on the BOATSETTER website prior to the commencement of the Charter.
- Remember, You as the Renter are always the contracting employer of the Captain and Renter agrees that the Boat Captain Service Agreement (incorporated herein by reference) governs the relationship between Renter and the Captain. Review that Boat Captain Service 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 if the Captain does not have the minimum qualifications required to operate the Boat. In the event that the Owner refuses the Renter’s initial Captain selection because the Captain lacks the minimum qualifications the Renter will have the opportunity to select a different qualified Captain.
- On water support. Certain on the water support as well as towing may be available from The Boat Owners’ Association of the United States during the Charter. Prior to the Charter, Renter will be given contact information and instructions on how to obtain this service in the unlikely event it is required. See the Bareboat Charter Agreement and Fee Schedule, all incorporated herein, for more information.
- Fuel: Renter 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, Renter will be charged $6.00 per gallon for each gallon of deficiency. See the Fee Schedule, for more information.
- No Pets: Renter cannot bring pets aboard unless specifically approved by the Boat’s Owner prior to the commencement of the Charter.
- 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 underwriters. Unless otherwise specifically approved in writing by the Owner and underwriters the Boat may not venture more than 12 miles off the coastline or 2 miles if the Boat is manually powered such as a canoe, paddleboard or similar type of craft.
- Illegal activities: Renter 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. See the Bareboat Charter Agreement for more information.
- Renter eligibility: Renters must have read, understood and agreed to abide by the Renter Eligibility Requirements.
- Named wind storms: All reservations will be cancelled and all Boats must be returned too Owner when the Boat 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. Otherwise Renter 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 at Delivery and upon Redelivery. The Boat’s condition must be recorded on the BOATSETTER Check-out / Check-in List. IMPORTANT: A failure to properly and timely complete these forms may result in the loss of applicable insurance coverage!
- Financial responsibility for damage: Whether or not a Captain is piloting the Boat the Renter is always liable for the deductible associated with the insurance coverage obtained through the BOATSETTER website. In addition, the Renter is responsible for all other damages incurred during the Charter Period including:
- damages resulting from negligence or any other cause;
- damages not covered by insurance;
- damages in excess of the applicable insurance coverage.
The Renter must follow the reporting, claims processing, and repair procedure set forth herein for all such damage.
The applicable deductible amount and any other additional damages as described above 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 for all fees or fines resulting from such violations. It is the sole responsibility of the Renter to pay these fees or fines 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 or 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 or routine repairs of the Boat.
- Driving Record: If a Renter incurs any incident or violation that affects the Renter’s eligibility for the Service as described in the Renter’s Eligibility Requirements, that Renter becomes immediately ineligible and must defend, indemnify and hold-harmless BOATSETTER, BOATSETTER Affiliates and the respective Boat Owner from any and all demands, claims, losses, liens and damages of whatsoever nature occurring during a Charter or as a result of that Renter’s operation of any Boat.
- Cancellations: Cancelling Charters may 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 Charter 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 may affect safe boating such as weather, currents, tides and other local conditions and customs.
- Nontransferable: In no event shall Renter sub-lease, sub-rent, or sub-charter the Boat to another person or entity. Renter’s rights are non-transferable.
- Insurance Claims and Procedure. Renter agrees to the following insurance claim procedures for each Charter:
- Reporting: It is the responsibility of the Renter to report a claim for any incident or damage that occurs during the Charter Period, 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 practicable. If applicable, the Renter must fill out an insurance claim notification form (available by contacting email@example.com) 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 including where applicable a USCG-2692..
- Damage Assessment: It is the responsibility of the Owner to have the Boat assessed for damage by a reputable marine surveyor/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 must notify the Owner as well as BOATSETTER [firstname.lastname@example.org] of any claim submitted as a result of an incident during the Charter Period. The Renter must submit any 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 Fee and a minimum $500 deposit. Immediately upon confirmation of an accepted Charter the full amount of the Charter Fee plus the minimum deposit of $500 will be charged to the Renter’s credit card provided or on file. BOATSETTER may retain the Charter Fee, the deposit and charge the credit card for any 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.
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 Renter and BOATSETTER. (b) See the Bareboat Charter Agreement for dispute resolution procedures, applicable law and choice of forum as respects all disputes arising between Renter and Owner. (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.