Terms of use

Your relationship with Boatjump.com

The use that you have of the products, software, services and web site (collectively hereafter referred to as “Services”) of Boatjump is subject to the terms of this Terms of Use Agreement (“Agreement”). Boatjump means Boatjump S.L, Boatjump USA Inc and Boatjump.com (hereinafter referred to as “Boatjump”, “us”, “our” and the “site”). If you use the Services on behalf of a corporation or other legal entity, "you" means the entity and the user guarantees that he or she has the right to represent the entity in all its obligations. By using the Services, you accept and are subject to the following terms and conditions, as well as our Privacy Policy (incorporated here as a reference collectively, the "Conditions"). If you do not agree with all of the Conditions you are not authorized to use the services of Boatjump.

You accept the terms by: (i) clicking to accept or agree with the Terms, where this option is available to you by Boatjump via the website; or, (ii) using the Services. In the case of (ii), you understand and accept that Boatjump treats the use of the Services as if you had accepted the Terms as per method described in (i). Boatjump reserves the right, upon its sole discretion, to change, modify, add or remove any of the conditions, in whole or in part, at any time. Please consult the website and the Conditions periodically for any changes. Your use of the Services after such terms are posted will confirm that you accept these Terms.

Boatjump is only a platform and is not part of any lease or other transaction between users of the Website.

Boatjump.com acts as only a platform for web users as lessees ("Tenants") and owners/lessors ("Ship-owners"). The Tenants can see, compare or reserve boats that are published as available by the Ship-Owners. The Ship-Owners are the actual providers of the rental services of recreational boats and the services of additional extras. Boatjump merely shows the fleet of Ship-Owners via the website, assist’s the tenant with the booking process, charge’s the tenant's reservation price on behalf of the Ship-Owner and pay the Ship-Owner the agreed amount by subtracting his commission for brokering services. Boatjump is not part of any actual agreement or transaction between Tenants and Ship-Owners, although we may from time to time provide tools that relate to a reservation, as a tool to enable the Tenant to conduct a transaction directly to rent a particular boat from a Ship-Owner. As a result, the Ship-Owner will act with due diligence to verify that all their information shown on Boatjump.com is true and complies with legality.

The Ship-Owner agrees that the information provided to Boatjump with regards to the characteristics and general condition of their boats must be updated the moment it is known to them, any deviation from the reality detected by a Tenant, will be held under their responsibility.

In accordance with the Art.17 Services of the Information Society and Electronic Commerce ("LSSICE") 34/2002 the responsibility of such service providers, who  provide links to contents or search instruments in a similar manner to Boatjump are the following:

1. Boatjump shall not be liable for the information which it directs to the recipients of its services (Tenants included),unless:

  • a) Boatjump have no effective knowledge that the activity or information to which they refer or recommend is unlawful or that it damages property or rights of a third party subject to compensation, or
  • b) If Boatjump are aware they have, acted with diligence to  remove  or disable the corresponding link.
2. The exemption from liability set out in paragraph 1 above shall not be effective or extend to cover third party content such as that provided through the "Ship-owner" who is linked, or whose online locations that are  provided or who acts under the direction, authority or control of the a third party provider that facilitates the online location of those contents.

The lessee can request from Boatjump all the documentation he deems necessary on the boat he wishes to reserve and Boatjump will request such documentation from the owner of the boat so that the Tenant can complete the reservation knowing all the aspects that he considers necessary to make the decision to make the payment. Tenants must ensure prior to boarding the boat and leaving the port that the rented boat meets all legal requirements for that rental and the Tenants and Ship-Owners have sole responsibility for such compliance.

Company Identification Data
In compliance with the duty of information contained in Art 10 of LSSICE 34/2002, of July 11, on, we inform you:

Boatjump S.L. (hereinafter referred to as Boatjump) is a company engaged in brokering in the hiring of recreational boats in an Online process.

Boatjump is registered in the Mercantile Registry of Valencia, Volume 10199, Book 7481, page 207, sheet V174301, inscription 2.

Boatjump with CIF B57957078, is a company domiciled for the purpose of this information in the Marina Real Juan Carlos I, Muelle de la Aduana s / n Edificio Lanzadera, 46024 Valencia, Spain and is currently in charge of the operation, management and functionality of the website www.boatjump.com. Other contact information we put at your disposal: info@boatjump.com.

Data Protection
In accordance with current legislation on data protection, we inform you that the personal data you provide us through any form on Boatjump.com or any other means, will be incorporated into a file owned by BOATJUMP SL for the purpose of managing the requested service and to keep you informed about other services and products that may be of interest to you.
You can exercise your rights of access, rectification, opposition and cancellation by contacting / Marina Real Juan Carlos I muelle de la aduana edificio lanzadera s/n 46024 Valencia.

Independent Agreements
You acknowledge and thereby agree that you will have to oblige with a separate agreement and/or waiver from a Ship-Owner prior to making a reservation or purchasing a product or service and/or waiver, this may impose additional restrictions on your reservation, product or service. Boatjump will be limited to creating a communication channel within this agreement. All agreements and/or exemptions related to the rental of a boat or the related products or services are under the exclusive control of any Ship-Owner or supplier and you.

Release and Indemnity
Related to the moment of time:
- Before signing the lease between the parties:
  • Boatjump is only responsible for the management and formalisation of the reservation of the chosen boat, and for the management of collection and leasing between tenant and Ship-Owner, in accordance with the conditions and established parameters and the characteristics announced.
- After signing the lease between the parties:
  • In the event of a dispute between a lessee and a Ship-owner arising from the lease of a boat, the lessee must claim to the Ship-Owner or the Ship-Owner to the lessee depending on the cause behind the dispute. Boatjump will mediate between lessee and owner to try to reconcile and reach an agreement acceptable to both parties. In this case, the tenant and Ship-Owner recognize Boatjump as a third party in their lease legal relationship. Since Boatjump is limited to brokering the vessel with the lessee and Ship-Owner, however, Boatjump is excluded from the charter agreement between the lease and the Shop-Owner. Boatjump expects and demands that all suppliers (Ship owners) are to meet industry standard requirements and to fulfill all contract obligations. If these standards are breached by the final service providers (Ship-Owners) Boatjump may decide not to offer their services via Boatjump.com


Insurance
Boatjump.com is not part of any insurance contract provided through any link to a liability insurance provider advertised on the Web, nor the insurance contracted by the Ship-Owner for the provision of the service and is not acting on behalf of any Insurer, broker or agent, any insured or any claimant in any contract for the insurance provided through said link. Insurance coverage is provided through a personal insurance provider not affiliated with Boatjump.com. Boatjump.com does not act as a broker, agent or consultant in the sale of insurance, is not sponsored or recommended by any insurer or particular terms of coverage. Boatjump simply provides a link so that you can process a contract for insurance, should you choose to. Any insurance contract is exclusively between you, as the insured and the agreement insurer. You acknowledge and agree that Boatjump.com assumes no responsibility for any claims or disputes arising out of, or in connection with, a contract for the insurance provided through said link. You further acknowledge and agree that Boatjump.com will not be included as a party to such claims or disputes. Boatjump recommends that the charterer includes personal travel insurance, cancellation, deposit reduction and civil liability as skipper at the time of booking. Bookings made through Boatjump.com are not covered by any type of insurance, it is the responsibility of the owner and the charterer to include such insurance.


Use of Services

Conditions of Use.
As a condition of use of the Services, you warrant that (i) if you are going to rent a boat, you are responsible for ensuring that you are legally authorized to sail a boat in the country and the state / province in which you are renting; (ii) that you have the legal authority to create a binding legal obligation; (iii) that you will use this website in accordance with the Terms; (iv) you will only use this website to view available boat rentals or conduct legitimate boat rental transactions for you or another person for whom you are legally authorized to act with the Ship-Owners; (v) you will inform other persons about the terms and conditions that apply to the rental of boats that they have made on their behalf, including all applicable laws, regulations, rules and restrictions; (vi) all information provided by you to Boatjump is true, legal, accurate, current and complete, and (vii) if you have a Boatjump.com account, you will safeguard your account information, supervise it and be fully responsible for any use of your account only. Boatjump reserves the right, in its sole discretion, to deny access to the Services to any person at any time and reason, including, but not limited to, breach of the Terms.

Use of the Website.
The content and information on the Boatjump website (this "Website") (including, but not limited to, the prices and availability of vessels listed in any inventory database), as well as the infrastructure used to provide such content and information, is owned by Boatjump, its licensors, its suppliers and providers. While you may make limited copies of your reservation documents (and related documents) for boat rentals booked through this website, you agree to and you have no right to modify, copy, distribute, transmit, display, execute, reproduce, publish, license, create derivative works from, transfer or sell or resell any information, software, content, products or services obtained from or through this Website. In addition, you agree not to:
  • Use this website or its content for commercial purpose without our expressed written permission
  • make any speculative, false or fraudulent reservation or any reserve in anticipation of the claim
  • access, control or copy any content or information on this website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission
  • violate the restrictions of any robot exclusion headers on this website or referral or circumvent other measures used to prevent or limit access to this Website
  • take any action that imposes or may impose, at Boatjump's discretion, an unreasonable or disproportionately large load on the Boatjump infrastructure
  • deep links to any portion of this website (including, without limitation, the route of purchase of any boat rental reservation) for any purpose without our express written permission
  • Frame, mirror or otherwise incorporate any part of this website into any other website without our prior written authorization

Verification of Identity

Verification of users on the Internet is difficult.
Boatjump will request
  • The lessee - documentation of the type: ID, ID card, passport, nautical title and nautical curriculum... which will be sent to the Ship-Owner to expedite the process on the day of arrival to the boat. Boatjump cannot guarantee the veracity of these documents and assumes they are real and there is no falsification and impersonation.
  • The Ship-Owner - documentation of the type: fiscal and legal identification.
Boatjump will request such documentation from the charterer and owner but can not guarantee that such documentation will be provided.

Exclusion of Guarantees

Boatjump does not guarantee that boats visible on the web are available neither when the boat is blocked by the charterer. The boat manager will be contacted by an agent from Boatjump who will later confirm the availability of the boat. A boat will not be officially confirmed until the owner has been paid by Boatjump and the charterer has received a booking confirmation email.

Boatjump shall provide the lessee with all documentation required on the boat with the exception of: boat name, registration number and name of the owner company (to prevent the tenant from being able to bypass Boatjump) and act diligently to ensure the tenant has all the necessary information to enable the lease of the boat with the Ship-Owner in a safe way and all parties are aware of the agreement.

Some jurisdictions do not allow the exclusion or limitation of implied warranties, therefore, in these jurisdictions, the limitations or exclusions do not apply.

Limitation of Responsibility

In line with the paragraph described above relating to the terms of use in accordance with Article 17. of the LSSICE. Boatjump, its officers, partners, directors, employees, agents, subsidiaries or affiliates shall be liable to the lessee and/or Ship-Owner for:
  • Direct or indirect damage or loss resulting from non-availability of services in cases of force majeure (e.g. storms, bad seas ...), casualties or similar of the vessels covered by the lease between tenant and Ship-Owner.
  • Any loss or damage that may be incurred, as a result of the changes that Boatjump may make in the services, or for any permanent or temporary cessation in the provision of services.
  • Body injury or death that may occur as a result of an accident related to the reservation provided through the use of Boatjump services

You agree that Boatjump is not a party to any contract or agreement for boat rental or in any way responsible for injury to persons or property that may occur during or in connection with a boat rental either as a result of the negligence of any boat Operator, or owner, or the safety of any boat or for any other reason. Notwithstanding the conditions, if Boatjump becomes liable, Boatjump's aggregate liability under or arising out of these terms or services shall be limited to its brokering commission. Some jurisdictions do not allow the exclusion or limitation of certain damages, so in these jurisdictions the above limitations or exclusions may not apply.


Compensation

You agree to defend and indemnify Boatjump against any claims, causes of action, claims, recoveries, losses, damages, penalties, penalties or other costs or expenses of any kind of nature, including but not limited to reasonable legal and accounting fees, Brought as a result of:

  • your breach of these terms
  • your violation of any law or the rights of a third party
  • improper use of this Website and Services

Ownership of Materials

The Services contain patented materials such as logos, text, software, photos, videos, graphics, music and sound. Boatjump is the owner or licensee of all such proprietary materials and all intellectual property rights thereto, including, without limitation, copyright and trademarks. In using the Services, you agree not to upload, download, distribute, or otherwise reproduce any proprietary material without obtaining the Boatjump's prior consent, except that you may make limited copies of your reservation documents (and Related documents) for the rental of boats reserved by this website.


Unsolicited Ideas and Comments

From time to time, users send us ideas or suggestions regarding our business, such as ideas for new products or technological improvements, web site improvement tools, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions or are under any obligation to review or consider them. If you choose to submit any ideas, initial creative works, suggestions or other works ("Submissions") in any form to us, then, regardless of what you say, write or provide in relation to your submissions, the following terms apply. The sole purpose of this policy is to avoid misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, appears similar to any of its possible submissions.

If you provide us with any presentation, you agree that (1) your presentation and its content will automatically become our property without any compensation to you; (2) We may use or redistribute any Submission and its content for any purpose and in any manner; (3) there is no obligation for us to review any submission; And (4) there is no obligation to keep any submission confidential.


No Spam, Spyware or Impersonation

We and our users do not tolerate spam. You may not use the site to send spam or send content that violates the Terms.


Links to Third Party Websites

The Services may contain links to other websites operated by third parties other than Boatjump ("Third Party Sites"). Links to these third-party websites are for informational purposes only and does not imply any sponsorship of the products, services or material of such third-party websites, nor any association with its sponsors or operators. You may access any third-party website at your own risk. We are not responsible in any way for such third-party websites or resources. We will not have any liability as a result of your use of such third-party websites and resources, and your use of such sites and resources will not be governed by these Terms.


Other Terms

General Compliance with Laws

You must comply with all laws, statutes, ordinances and regulations with respect to your use of the Services.

Headers

The headings are for reference only and in no way define, limit, interpret or describe the scope or scope of that section.

Assignment

This Agreement, the terms, services and modifications thereto may not be assigned or otherwise transferred by you without the prior written consent of Boatjump. Boatjump may assign this Agreement, the Conditions, and any information you provide without your consent, including, without limitation, in connection with the sale of your business, assets, a merger or other similar transaction.

Governing Law

The terms of this Agreement shall be construed in accordance with the substantive laws of Spain. The parties waive any statute, law or regulation.

Choice of Forum and Place

This contract is governed by the provisions of its own clauses and, in what is not foreseen by them, by the legislation of the Kingdom of Spain.

These general conditions are ruled by the Spanish Law. The parties submit, at their option, for the resolution of conflicts and with a waiver of any other jurisdiction, to the courts and courts of the user's domicile. Likewise, as an entity adhering to Confianza Online and in the terms of its Code of Ethics, in the case of disputes concerning online recruitment and advertising, data protection and protection of minors, the user may turn to the system of out-of-court dispute resolution of Confianza Online (www.confianzaonline.es).

We would like to inform you that you have the right to request an out-of-court resolution accessible through our email address/website address for any consumer disputes http://ec.europa.eu/consumers/odr/.

Divisibility.

If any provision of the Terms proves to be invalid, unlawful or unenforceable by any court with competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby, and the remaining valid, legal provisions shall be construed, to the possible extent, to achieve the purposes originally expressed in the invalid, unlawful or unenforceable provision.

Resignation

No waiver of any of the Terms is considered a waiver of any other conditions set forth in this document.

Complete Agreement

The Terms and Conditions constitute the entire agreement between you and Boatjump with respect to the subject matter hereof, including the use of the Services and any object therein, and supersede all prior communications, representations, understandings and agreements, oral or written, between the parties with respect to said matter.

Termination

Boatjump may immediately issue a warning, temporarily suspend, suspend indefinitely or cancel the user's use of all or part of the Services, if you fail to comply with the conditions, or at any time or for any reason, in the sole discretion of Boatjump.

No Approval

Boatjump does not recommend a Ship-Owner over others and does not provide advice to Tenants as to which Ship-Owners to select for rentals. All comments and opinions of Boatjump users, renters, or owners of our website do not represent the opinions of Boatjump in any way and are not supported by Boatjump in the absence of a specific written statement to the contrary.

Without Relations

The user accepts that no joint-venture, association, agency or work relation exists between you and Boatjump as a result of this agreement or the use of this website.

Claim Notice

You agree that all disputes arising out of the Terms or the use of the Boatjump Services will be communicated to Boatjump in writing within thirty (30) days from the date of the incident causally related to the dispute. You waive your right to any claim against Boatjump not communicated in accordance with the provisions of this Section. All rights not expressly granted herein are reserved by Boatjump.

Taxes and rates

The prices shown on the website are with VAT (or equivalent). The tax rate shown is corresponding to the moment of the booking. It is necessary to clarify that the taxes are not accrued until the navigation and that therefore the cost between the moment of hiring and that of the navigation could vary. These variations are not in the hands of Boatjump or the Owner.

In addition, in some destinations, there are specific taxes such as tourist taxes, navigation taxes, access taxes to reserved areas, ecological taxes and others. Boatjump will show these special taxes and their costs according to the information received by the shipowner. It is possible that the cost of these taxes varies and that there are local taxes not shown. For this, we recommend that the charterer informs oneself regarding this with the Local Organizations.

In case you wish to receive a registered invoice for the boat rental service, you must request it from the owner. The shipowner will issue their invoice upon completion of the rental service: date of departure. Given the workload of the owner on certain dates, it may take up to 1 month from the departure date to issue the invoice.


Agreements between users of the Interface

For good and valuable consideration, and to acknowledge receipt and sufficiency, Tenants agree to the terms and conditions of this Agreement with Ship-Owners, as set forth below; The Terms of Use (the "Terms of Use") and the privacy policy which are posted on the Boatjump website, each of which may be reviewed or updated by Boatjump from time to time and whose current copies may be accessed Through www.Boatjump.com

Ship owner’s Relationship with Boatjump
This Agreement sets forth the terms and conditions of use of the Boatjump Ship-Owner in relation to the products, software, services and websites, Website (s) (collectively "Services"). Boatjump stands for Boatjump SL, Boatjump and Boatjump.com. (Boatjump and members are each referred to here as a "Party" and collectively as the "Parties"). If the Member disagrees with all the Terms, you must not use Boatjump's services. Boatjump reserves the right to refuse the use of its services to any person at any time and for any reason. Failure to comply with the conditions may result in denial of access to Boatjump services and cancellation of Boatjump member account.


Definitions

  • "Lessee", "Lessee" or "User" means a person or organization that acquires a rental from a Ship-Owner or boat manager with the assistance of Boatjump Services.
  • "Boatjump Website" or "Website" means the web platform owned by Boatjump and has the URL www.Boatjump.com and any and all other Internet websites owned or operated by Boatjump on which Boatjump offers Trade intermediation. Simply limiting to contact a tenant who wants to rent a boat with a Ship-Owner who has it for rent.
  • "Ship-Owner" "Member" or "Boat Manager" means any user collaborating with Boatjump services that offers information on boat rental offers and any information related to the offer for boat rental or boat rental services to through the Boatjump website. Ship owners include any of the parties involved in the offer or provision of boat rentals for Boatjump users.
  • "Terms" mean the present Agreement, the conditions of use and the privacy policy.
  • Order of precedence with respect to Boatjump Terms. The provisions of this Agreement are supplemented by the terms of use and the privacy policy (of which an updated copy can be accessed at: www.Boatjump.com), which are incorporated herein by reference. (As noted herein, Boatjump may revise or update the terms of use from time to time.) The relationship between the parties under this Agreement is governed by the provisions of this Agreement and the conditions of use, except that the terms of this Agreement take precedence over any conflicting or contradictory provision in the conditions of use.
  • Acceptance. The use of Boatjump services constitutes acceptance of this Agreement. Tenants and Ship-Owners accept the terms and conditions of this Agreement by: (i) clicking to accept or agreeing to the Terms and Conditions, where this option is made available by Boatjump in the Service user interface; Or, (ii) use the Services. In the case of (ii), the Tenants and Ship-Owners understand and accept that their use of the Services constitutes and denotes the acceptance of this Agreement, including all its terms and conditions, from then on.

Period of Use and Display of Content Generated by Members

Period of Use

Boatjump shall use commercially reasonable efforts to ensure that the interfaces to Ship-Owners and Tenant access to Boatjump services are available without interruption except for any scheduled time necessary to maintain the proper functioning of the Boatjump Website and when Caused by conditions beyond the control of Boatjump. Boatjump in no way guarantees that the Services will be available without interruption.

Content Generated by Ship-Owners

The Ship-Owner understands that all messages, texts, publications, files, photos, images or other materials ("Content") that you publish, send to Boatjump, transmit through or link from the website, are your sole responsibility. The Ship-Owner agrees that Boatjump is only acting as a passive conduit for the distribution and publication of its Content. More specifically, the owner is solely responsible for each individual element of the Content that you make available through the Website. Boatjump is not responsible for any inaccuracy or incompleteness of the information provided by members. If a shipper discovers that ad details are inaccurate or incorrect, it is the Ship-Owner’s sole responsibility to correct the information on the member account interface or to contact a Boatjump representative to resolve any errors.

We may, without prior notice, suspend or cancel the profile of a Ship-Owner at any time, even without receiving notice from you or giving notice to you if we suspect, in our sole discretion, that your account with us or with your email account Is being used in an unauthorized or fraudulent way. Post any content that deems Boatjump to be threatening, defamatory, illegal, abusive, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, profane, defamatory, harassing or otherwise prohibited. You also agree not to post content that violates any rights of third parties, including intellectual property rights, publicity rights and privacy. Boatjump reserves the right to remove content at its sole discretion.

Licensing.

The Ship-Owner reserves the right to his content. By publishing said Content the Ship-Owner allows Boatjump to use, replicate, modify, publish, translate, distribute, and do derived actions, to use by Boatjump and possible Tenants.

The Photographs

Boatjump watermarked photographs are owned by Boatjump and may not be distributed without our consent, Boatjump owns all rights, titles and interest in and to the copyright of these images. The rest of the photographs announced on the web have been facilitated by the Ship-Owners to be announced on Boatjump.


Compensation

The Ship-Owner (the "Indemnifying Party") will defend and indemnify Boatjump (the "Indemnified Party") against any and all claims, losses, costs and expenses, including reasonable attorneys' fees, which the Indemnified Party may incur as a result of claims in any form by third parties arising out of: (a) suspicious intentions of the Indemnifying Party or negligent acts or omissions (including, without limitation, failure to comply with applicable legal and / or regulatory requirements); (b) breach by the Indemnifying Party of any representation, warranty or agreement set forth herein; (c) infringement of the intellectual property of any third party by any trademark or other intellectual property provided by the Indemnifying Party to the Indemnified Party; And (d) failure by the Indemnifying Party to collect all taxes, fees and charges that may be applicable to the rental services of ships offered for sale by the Indemnifying Party.