Terms & Conditions

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.

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. Without limiting the foregoing, Members and Renters are solely responsible for their own compliance with any legal and/or safety requirements in place in your applicable jurisdiction in light of applicable health and/or travel advisories. Members are responsible for determining if renting a boat is permissible and, if so, for providing their boat in sanitary condition for Renters and with appropriate sanitation supplies for Renters to clean the boat after use. Renters are responsible for returning any rented boat in sanitary condition using the sanitation supplies provided by the Member.

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.

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, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OVER BREACH OF THIS  AGREEMENT, BREACH OF ANY SEPARATE AGREEMENT OR TRANSACTION, AND/OR THE SUBSTITUTION OF RENTAL UNITS. 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.

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. Any contract for insurance is solely between you, as the insured, and such insurer as you and the third-party insurance provider agree shall act as the insurer.IBOATEL has no control over and makes no representations regarding the coverage of any insurance you may purchase from a third-party insurance provider. You acknowledge and agree that IBOATEL assumes no responsibility or liability for any claims or disputes arising from, or related to, a contract for insurance facilitated through such link. You also acknowledge and agree that IBOATEL shall not be included as a party to any such claims or disputes.

Conditions of Use. As a condition of your use of the Services, you expressly represent and warrant that (i) 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 and you will not allow any other occupants of the boat to operate the boat unless they are each of sufficient skill and legally authorized to  operate a boat in the state in which you are renting; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use the Services in accordance with the Terms; (iv) you will only use the Services to post or view, as applicable, available boat rentals or transact legitimate boat rentals for you or for another person for whom you are legally authorized to act with other Users; (v) you will inform such other persons about the terms and conditions that apply to the boat rental you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto; (vi) if you are booking a rental on behalf of another person, you are individually responsible for ensuring that such other person is a party to the separate agreement for the rental of the boat; (vii) all information supplied by you to IBOATEL is true, accurate, current and complete, (viii) if you have a IBOATEL account, you will safeguard your account information, (ix) you are and will remain in compliance with all applicable laws, rules and regulations related to boat operation, maintenance, rental or charter, and (x) if you are listing a boat for rental, you are either (a) the owner of the boat, or (b) a representative authorized to act on behalf of the owner of the boat. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services. Without limiting the foregoing, the Services are not available to children (persons under the age of 18). By using the Services, you represent and warrant that you are at least 18 years old.IBOATEL retains the right at its sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of the Terms.

Sharing contact information such as, email address, phone number, website address, company name, social media accounts  or profiles, pickup locations, contact information to other members, or any other form to connect directly with users outside of IBOATEL is strictly prohibited. IBOATEL has the sole discretion to monitor and block all content that it deems to be used to circumvent IBOATEL or violates any other terms of use. Failing to abide by the terms will result in an account suspension and removal from the platform. You agree that you will not try to circumvent IBOATEL by any means which includes but is not limited to conversations posted to IBOATEL messaging platform, boat listings, public and private reviews, and images uploaded.

Please keep in mind that we will treat anyone who uses your user name and password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of the person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password or otherwise obtaining access to the Services in this or any other inappropriate manner.

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.

Establishing Payment Account. As a Renter, you are responsible for opening an account, providing payment authorizations for bookings and paying for Services according to these Terms, as well as others which may be included at the time of booking. You agree to provide all requested information, including a credit card to be used for pre-authorization/reserve and payment/capture for Services. Payment for a booking will be made by IBOATEL directly to the Member who posted the listing. By providing your credit card information to us, you agree that we are authorized to charge your card with the total cost of the rental, taxes and any required deposit, as described below. We will run a pre-authorization for the full amount of the booking on the credit card the Renter supplies at the time of booking. You agree that we can charge a nominal amount to your credit card to verify the validity of the credit card information you provide. If the Member accepts the booking, the Renter's credit card will be charged in full for the amount previously described, although if the Member advises us of a change in delivery location following the booking and that change results in an increase in any applicable taxes we are required to charge and collect or if there is increase in the amount to taxes imposed at the time of booking versus the date of delivery, you expressly authorize us to charge such credit card for the excess and if that card is not honored at the time IBOATEL will collect such amount from the Member and the Member will collect such amount from you before delivery of the rental to you and your failure to pay the Member for such amount may result in denial of access to the rental and forfeiture of your deposit. You expressly authorize IBOATEL's service provider,VIRTUAL PAY, Inc., to originate credit transfers to your financial institution account. IBOATEL may also use a service provider to store your credit card information to facilitate payments as described herein and you expressly authorize such storage. IBOATEL shall ensure that any service provider it uses to process or store your credit card information is bound by obligations to protect such information commensurate with our Privacy Policy.

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. We will notify you of any damage claim made by a Member related to  your rental and you will have an opportunity to respond, as set forth in such notice. We will only charge a deposit to Renter's credit card after the rental is complete if the Member has made a claim and the deposit amount has been deemed appropriate after investigation of the claim.

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 (for example, $100.80 will be rounded to $101). We will process any necessary currency conversion (IBOATEL charges in US dollars or EUROS unless otherwise specified) 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. We reserve the right to adjust the conversion rate based upon when the payout is made to the Member. The service fee and any conversion fee constitute "Transaction Fees."IBOATEL reserves the right to adjust its Transaction Fees at any time. Any Fee changes will be effective the next time you book a rental after such fee change goes into effect (i.e., rentals already booked will be subject to Fees as established at the time of booking).

Payments to Members. Payment to Members for accepted bookings will be made net 30 days from the date of the completed reservation. Notwithstanding, in limited circumstances, on a case-by-case basis, in its sole discretion, IBOATEL may elect to pay a Member a portion of the accepted booking after the reservation is made and the remaining portion of the accepted booking net 30 days from the date of the completed (fully paid) reservation. If, after Member has been paid any portion of the accepted booking by IBOATEL, an accepted booking is cancelled or terminated for any reason by either Member or Renter before the reservation is completed, Member shall return to IBOATEL all sums advanced by IBOATEL for such reservation immediately (within five (5) days) upon receiving written demand for same. Member further agrees that IBOATEL is  not liable for any damages Member may incur as a result of such cancellation and/or having to return such funds. If Member fails to timely refund said sums, IBOATEL shall also be entitled to interest on said sums at the rate of 18% per annum, or the highest rate allowed by law, whichever is lower, and all of IBOATEL's attorneys' fees and costs of court.

If a Member does not respond to a booking inquiry, iboatel reserves the right to transfer the booking and associated payment to another Member on Renter's behalf. iboatel reserves the right to hold payment to Members if iboatel  suspects there has been fraud or other suspicious activity in connection with the rental or payment. Unacceptable payment methods that may be posted on the Services may result in the immediate removal of the non-conforming listing from the Services without notice to the Member and without refund. Unacceptable payment methods are those methods that may pose a risk of fraud, identify theft, or breach of privacy.

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. Member shall provide Renter with notice of the need for a substitution of unit(s) as soon as reasonably possible, as well as provide Renter with pictures and a description of the substitute unit upon request. If Member is unable to provide Renter with a similar substitute unit (as described herein), Renter may elect to cancel the reservation any time before it is commenced and, as its sole remedy, obtain a refund in accordance with the Refund Policy as if the Member had cancelled the reservation. Renter shall not be entitled to any refund, and shall be obligated to pay all sums owed, if Member offers Renter a similar unit (as described herein) and Renter nevertheless refuses to complete and/or terminates the  reservation. If there is a dispute between Renter and Member as to whether the substitute unit offered by Member is sufficiently similar to the unit reserved by Renter, iboatel shall make the final determination, in its sole discretion, and Renter and Member agree to abide by iboatel determination.

Taxes. The rental/booking fee and any additional expenses may be subject to applicable local, federal and state taxes. Commencing with bookings made on and after date set forth after "Effective" set forth on the first page above, iboatel will in some locations, as iboatel phases in its tax collection and reporting system, charge and collect from the Renter all applicable taxes iboatel is required to collect and which are imposed by a governmental authority on the rental amount and other charges that are included in the base on which such taxes are imposed and that payable by the Renter through the Services. In some jurisdictions, iboatel may not begin collecting on the Effective date shown above or in others may not be required to collect taxes, and as provided below it is the Member's responsibility to collect and remit any such taxes imposed on the rental amount that iboatel does not charge and collect. To the extent charged and collected from the Renter by iboatel , the Member should not charge and collect the same amount of such taxes from the Renter. Iboatel will make the determination of the applicable amount to be charged based on the zip code of the Member on file with iboatel unless and until the Member advises iboatel in writing of a change the location of where the boat will be delivered to a Renter. If the change in location results in an increase in the amount of applicable taxes that should have been charged to and collected from the Renter, the Renter's credit card will be charged for such excess.