Terms & Conditions

1. Acceptance of Terms

By using of IBOATEL's products, software, services, website and any mobile applications (collectively is subject to the terms of this Terms of Use Agreement. If you are using the Services on behalf of a corporation or other legal entity, "you" means the entity, and the user is warranting that he or she has the rights to bind the entity. By using the Services, you are agreeing to and are subject to the following terms and conditions, as well as our Privacy Policy, herein incorporated by reference (collectively, the "Terms"). If you do not agree to all of the Terms you are not authorized to use IBOATEL's Services.

You accept the Terms by: (i) clicking to accept or agree to the Terms, where this option is made available to you by iboatel in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), you understand and agree that iboatel treats your use of the Services as acceptance of the Terms from that point onward.

IBOATEL reserves the right, at its discretion, to change, modify, add or remove any of the Terms, in whole or in part, at any time. Please check the Services and the Terms periodically for changes. Your use of the Services after such modified Terms are posted will mean that you accept such Terms.

2. User Responsibilities

You acknowledge and agree to take all reasonable precautions in ensuring the accuracy and reliability of any User generated content. We are also not responsible for the condition of any boats listed on the Services or the compliance with laws, rules or regulations that may be applicable to boat operation, maintenance, rental or charter in any jurisdiction.

As between iboatel and Members, Member acknowledges and agrees that Member is solely responsible for ensuring compliance with laws, rules or regulations that may be applicable to boat operation, maintenance, rental or charter in the jurisdiction in which Member operates or is otherwise located.

Renters should satisfy themselves that any boat rented complies with any legal or safety requirements for such rental, and Renters and Members have exclusive responsibility for such compliance.

3. Separate Agreements

Users acknowledge and agree that you will be required to enter into a separate agreement and/or waiver, directly between the Renter and Member, prior to making a booking or purchasing a product or service and such agreement and/or waiver may place additional restrictions on your booking, product, or service. Any separate agreements and/or waivers relating to the rental of a boat or related products or services are under the sole control of any Member or provider and Renter.

4. Release and Indemnity

IN THE EVENT OF A DISPUTE BETWEEN A RENTER AND A MEMBER, MEMBER AND RENTER, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS iboatel AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE "iboatel PARTIES") FROM ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), FINES, PENALTIES AND OTHER COSTS OR EXPENSES, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, THE "CLAIMS"), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

FURTHER, MEMBER AND RENTER EACH HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE iboatel PARTIES FROM ANY CLAIMS BROUGHT AS A RESULT OF MEMBER AND/OR RENTER'S (1) BREACH OF THE TERMS, (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND (3) USE OF THE SERVICES.

5. Insurance

IBOATEL is not a party to any contract for insurance facilitated through any link to a third party insurance provider advertising on the Services, and is not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract for insurance facilitated through such link. Insurance coverage may be provided through a third-party independent insurance producer not affiliated with Iboatel.

IBOATEL does not act as a broker, agent or consultant in the sale of insurance, is not endorsing or recommending any particular insurer or terms of coverage, and is merely providing a link for you, if you wish, to transact a contract for insurance with a third-party provider.

6. Conditions of Use

As a condition of your use of the Services, you expressly represent and warrant that:

• If you will be operating a boat, you are responsible for ensuring that you are sufficiency skilled in the operation of the boat and legally authorized to operate a boat in the state in which you are renting.
• You possess the legal authority to create a binding legal obligation.
• You will use the Services in accordance with the Terms.
• You will only use the Services to post or view, as applicable, available boat rentals or transact legitimate boat rentals.
• All information supplied by you to IBOATEL is true, accurate, current and complete.
• If you have a IBOATEL account, you will safeguard your account information.
• You are and will remain in compliance with all applicable laws, rules and regulations related to boat operation, maintenance, rental or charter.

7. Payment Services

While IBOATEL is not a party to any agreement between you and any Member, Renter acknowledges and agrees that IBOATEL may act as the Member's payment agent for the purposes of collecting payment for bookings made through the Services. Renter's provision of financial information to us for purposes of payment is governed by our Privacy Policy.

8. Deposits

Renters are responsible for leaving the rented boat in the same condition it was in before you rented it. Renters acknowledge and agree that you are responsible for all acts and omissions of you and your guests on the boat that affect the condition of the boat.

In the event a Member claims and provides evidence of damage to the boat, you agree that IBOATEL shall be entitled to charge a deposit to your credit card to cover the cost of the damage, as established after reasonable investigation.

9. Service Charge

We charge a service fee of 15% of the total rental (i.e., the booking and any additional expenses such as taxes we are required to collect) for facilitating the rental and this amount will be reflected in the final amount charged to Renter's credit card.

We reserve the right to round up amounts to the nearest whole dollar. We will process any necessary currency conversion based upon Renter's currency on the day the credit card is charged and we will charge a conversion fee of 3% of the total rental for currency conversions.

10. Cancellation and Refund Policy

If Member cancels an accepted rental before the rental is commenced, Renter shall be refunded all sums paid to iboatel for the rental, other than the Transaction Fee and any taxes iboatel remitted to a taxing authority prior to the cancellation.

If Renter cancels an accepted rental before the rental is commenced, iboatel shall return to Renter a "Cancellation Refund," as specified below. The Transaction Fee and any applicable taxes collected by iboatel and remitted to the taxing authority or authorities before the cancellation will not automatically be refunded to the Renter.

The amount of the Cancellation Refund is determined by the Member's cancellation policy set forth in the Renter's separate rental agreement with the Member.

11. Substitution of Rental Units

Renter understands and acknowledges that boats/other water craft reserved may, from time to time, be subsequently damaged or otherwise become in need of repair before the reservation is commenced. If a Member is unable to provide the reserved unit to Renter due to it being unavailable, Member may provide Renter with a substitute unit that is similar in age, size, model, and value as the reserved boat/other water craft.

12. Taxes

The rental/booking fee and any additional expenses may be subject to applicable local, federal and state taxes. iboatel will in some locations charge and collect from the Renter all applicable taxes iboatel is required to collect and which are imposed by a governmental authority.

Except to the extent provided herein or in the Member Interface Agreement, the Member accepting the booking is solely responsible for the collection, reporting, and payment of applicable taxes where those taxes are not being collected and remitted by iboatel.