Terms of Use

www.NightsOnBoat.com (our website) is owned and operated by P. C. International Property Consultants Ltd. (referred to as “I. P. C.“, “NightsOnBoat“, “we“, “us“). On our website we provide an online service connecting hosts/owners, with the wish to rent out all kinds of water-based properties to guest seeking accommodation in this sense. Additionally, we provide all the necessary services to facilitate the needs of the owner as well as the guest. (listings, bookings, payments, deposit placements and communication between the two parties)

 

Acceptance of Terms

BY ACCESSING OUR SITE AND/OR USING OUR SITE AND SERVICES, WHETHER OR NOT YOU BECOME A REGISTERED USER, YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS OF ("TERMS") AND THE TERMS OF OUR PRIVACY POLICY (WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE AND WHICH YOU ACKNOWLEDGE TO HAVE READ AND UNDERSTOOD). IF YOU DO NOT AGREE TO THESE TERMS YOU MUST NOT AND HAVE NO RIGHT TO USE THIS SITE OR THE SERVICES.

YOUR ATTENTION IS BROUGHT TO OUR DISCLAIMERS, LIMITS OF LIABILITY AND YOUR INDEMNITY TO US UNDER THESE TERMS.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time without prior notice. You may review the latest version of these Terms at http:// www.bedsonboard.com/terms/If we modify these Term we will post any changes on the Site. By continuing to use this Site or our Services after we have posted modifications to these Terms, you are indicating that you agree to be bound by the modified Terms.

 

Content

  1. Key Definitions

  2. Eligibility

  3. NightsOnBoat’ Role

  4. Prohibited Activities

  5. Compliance with NightsOnBoat Policies

  6. Owners

  7. Guests

  8. Agents

  9. Listings

  10. Bookings

  11. Fees, Charges and Payment

  12. Intellectual Property

  13. Physical Harm to all Parties

  14. Disclaimer

  15. Waiver of Liability

  16. Indemnification

  17. Termination and Account Cancellation

  18. Reserved Right to Modification of the Terms

 

1. Key Definitions

WATER-BASED PROPERTIES - any property which is listed on NightsOnBoat and published for rent
USER - any person using or being registered on NightsOnBoat.com, no matter if it is a Owner, Guest or Agent

OWNER - a person registered on NightsOnBoat.com, who registered with the purpose to rent a water-based property
GUEST - any user who is using NightsOnBoat in order to book listed water-based properties or researching published Listings

AGENTS - a user who has listed one or more water-based properties and is acting as the representative of its owner
NightsOnBoat - P. C. International Property Consultants Ltd., a limited company registered in Malta under the address 152, Suite No.7, Naxxar Road, San Gwann SHN903 Malta

LISTINGS - means the uploaded water-based property which was published for rent
CONTENT - any visible information on www.NightsOnBoat.com (text, graphics, images, music, software (excluding any App), audio, video, information or other materials)
TAX - any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal 
or corporate income taxes

 

2. Eligibility

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

 

3. NightsOnBoat’s Role

NightsOnBoat provides an online platform that connects Owners with water-based properties for rent and Guests willing to rent such water-based properties through our platform accessible under www.NightsOnBoat.com and any other websites through which we make the platform available (collectively, the “Site”)

NightsOnBoat facilitates the listing and booking of water-based properties (you may view Listings as an unregistered visitor; however, if you wish to book or create a Listing, you must first register to www.NightsOnBoat.com.)
We do not own, inspect or provide content for any of the water-based properties advertised on our site. The Owner shall be responsible for ensuring that it has all necessary rights, licenses and authorizations to rent a boat.
NightsOnBoat is not a party to any legal contract for the booking of water-based properties, which is entered into directly between Owners, Agents and Guests and we disclaim all liability arising from or related to any such contract to the fullest extent permitted by law. We are solely facilitating the availability of the Site and Services.
NightsOnBoat: (i) is not an owner, operator or charterer of any water-based property listed with it; (ii) is not a travel agent, broker or insurer; (iii) does not sell, resell, furnish, provide, rent, re-rent, charter manage and/or control any water-based properties; (iv) does not provide any related transportation or travel services; and (v) does not hold itself out as a supplier of any goods or services other than the Services stated in the Terms and Conditions.

Other than in its capacity as limited payment collection agent for accepting payments from Guests, NightsOnBoat has no authority to act for, or enter into contracts or other binding obligations on behalf of either Guests or Owners. We have no control over, and shall have no responsibility for, the acts or omissions of any Guests, Owners or Agents.

It is the sole responsibility of Users (Guests, Owners and Agents) to assess a proposed booking (including the proposed Guest, Owner or Agents, as applicable) and decide whether or not they wish to proceed. NightsOnBoat does not make any recommendations or endorsements nor gives any warranty or guarantee in respect of water-based properties listed on our Site. NightsOnBoat makes no warranty or guarantee as to the appropriateness or conduct of any Guest, Owner or Agent. We encourage Users to communicate directly with one another (using the messaging system available on the Site) regarding any bookings or listings and to satisfy themselves that they have obtained and are satisfied with all the information they need before proceeding with a particular booking.

 

4. Prohibited Activities

The Site provides a platform for Owners, Agents and Guests to meet and arrange the booking of accommodation services only. Owners, Agents and Guests are strictly prohibited from discussing and/or making arrangements via the Site in respect of any services other than accommodation services or services which are directly ancillary to the provision of such accommodation (such as cleaning services). In particular, without limiting the generality of the foregoing, Owners, Agents and Guests are strictly prohibited from discussing and/or making arrangements via the Site which involve the movement or navigation of any water-based property away from its berth or mooring, whether by way of licensed chartering or any other means. If the water-based property is moved it has to be arranged within the Owner or Agent and Guest and the full responsibility lyes by the parties themselves. NightsOnBoat is not part of this action and the parties are obliged to not proceed any action like this through our site. Hereby, NightsOnBoat prevents itself from any liability arriving through a breach of the clause stated above. NightsOnBoat shall not permit any transaction to be conducted through the Site where it has reasonable cause to believe that arrangements are being made in breach of this clause. Furthermore, NightsOnBoat reserves the right to terminate or suspend any User’s Account where it has reasonable cause to believe that such User has acted in breach of this clause.

 

5. Compliance with NightsOnBoat Policies

Guests and Hosts undertake to Beds on Board that they shall at all times comply with the provisions of:
(i) the Material Quality Issues, Damage to Accommodation and Cancellation Policy; and (ii) the Guest Conduct Policy (applicable to Guests only).

Guests and Hosts agree to indemnify NightsOnBoat for any damage, costs, expenses or losses suffered or incurred by NightsOnBoat arising out of any failure by the Host or Guest (as applicable) to comply.

 

6. Owners

As a user of NightsOnBoat , you may create Listings. To this end, you will be asked a variety of questions about the water-based property to be listed, including, but not limited to, the value, location, size, features, availability of the water-based property, pricing, related rules, and financial terms. You acknowledge and agree that listings will be made publicly available via the Platform.

Other users will be able to book your water-based property via the platform based upon the information provided in your listing. You understand and agree that once a Guest requests a booking of your water-based property, the price for such booking may not be altered without contacting NightsOnBoat customer service.

You acknowledge and agree that you are responsible for any and all listings you post. Accordingly, you represent and warrant that any listing you post and the booking of, or Guest use of, a water- based property in a listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any water-based property included in a listing you post, including, but not limited to, insurance requirements, coast guard regulations, zoning laws, marina regulations, and laws governing rentals and operation of Boats and (b) not conflict with the rights of third parties. Please note that NightsOnBoat assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations. NightsOnBoat reserves the right, at any time and without prior notice, to remove or disable access to any listing for any reason, including listings that NightsOnBoat, in its sole discretion, considers to be objectionable for any reason, in violation of these terms or otherwise harmful to the platform.

You understand and agree that NightsOnBoat does not act as an insurer or as a contracting agent for you as an Owner. If a Guest requests a booking of your water-based property and uses your water-based property in any way, any agreement you enter into with such Guest is between you and the Guest and NightsOnBoat is not a party thereto. Not withstanding the foregoing, NightsOnBoat serves as the advertising platform through which Owners can advertise water-based properties to Guests and act as a limited authorized agent of the Owner for the purpose of accepting payments from Guests on behalf of the Owner and is responsible for transmitting such payments to the Owner.

When you create a listing, you may also choose to include certain requirements which must be met by the users who are eligible to request a booking of your water-based property. Any user wishing to book water-based properties included in listings with such requirements must meet these requirements; however, we do not attempt to confirm or verify such information.

You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions. If you are an owner and a booking is requested for your water-based property via the platform, you are required to either confirm or reject the booking within 48 hours of when the booking is requested (as determined by NightsOnBoat in its sole discretion) or the booking request may be automatically canceled. When a booking is requested via the platform, we will share with you (i) the first and last name of the Guest who has requested the booking, and, (ii) a link to the Guest’s NightsOnBoat Account profile page, so that you can view such information before confirming or rejecting the booking.
If you are unable to confirm or reject a booking of a water-based property within such 48 hour period, the booking request will be canceled. When you confirm a booking requested by a Guest, NightsOnBoat will send you an email or text message confirming such booking.
NightsOnBoat charges a 10% ('Service Fee') to the owner from the amounts due and payable by a Guest solely relating to an Owner’s water-based property which are collected by NightsOnBoat. NightsOnBoat will collect the ('Service Fee') at the time of booking confirmation (i.e. when the Owner confirms the booking within 48 hours of the booking request) and will initiate payment of
the ('Rental Fee') less NightsOnBoat Service Fee to the owner two business days after the Guest arrives at the applicable water-based property (except to the extent that a refund is due to the Guest).

Appointment Of NightsOnBoat as Payment Agent for the Owner

Each owner hereby appoints NightsOnBoat as the owner’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Owner. Each owner agrees that payment of Rental Fee made by a Guest to NightsOnBoat shall be considered the same as a payment made directly to the Owner and the Owner will make the water-based property available to Guests in the agreed upon manner as if the Owner has received the Rental Fee. In accepting appointment as the limited authorized agent of the Owner, NightsOnBoat assumes no liability for any acts or omissions.

 

7. Guests

NightsOnBoat services can be used to facilitate the listing and booking of water-based properties. Such water-based properties are included in Listings on our website by Owners. You may view Listings as an unregistered visitor ; however, if you wish to book a water-based property or create a Listing, you must first register to and create a NightsOnBoat Account.

NightsOnBoat makes available a platform or marketplace with related technology for Guests and Owners to meet online and arrange for bookings of water-based properties. NightsOnBoat is not an owner or operator of such, including, but not limited to, sailboats, motor boats, yachts, houseboats, barges , or other boats, nor is it a provider of boats, including, but not limited to, sailboats, yachts, houseboats, barges, or other boats, and NightsOnBoat does not own, sell, resell, furnish, provide, manage and/or control water-based properties, including, but not limited to, sailboats, yachts, houseboats, barges, or other boats. NightsOnBoat’s responsibilities are limited to: (i) facilitating the availability of the services and (ii) serving as the limited agent of each Owner for the purpose of accepting payments from Guests on behalf of the Owner.

The images of the water-based property on our site are uploaded by the Owner/Agent and are for illustrative purposes only. NightsOnBoat cannot guarantee that the Boat will be in the same condition and look as it does from your computer screen.
All bookings available through our site are subject to availability. We will only be able to confirm your booking in accordance with these Terms.

We act merely as an advertising service through which Owners can advertise to Guests. We do not own nor have we inspected nor do we have any control whatsoever over any water-based property listed on our site and we make no representations or warranties regarding any of the properties. We provide an online payment platform, giving you the ability to make online payments to Owners via PayPal, credit card, debit card or other payment options. We may change or withdraw such platform at any time without notice in our sole discretion.

You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with your use of our online payment platform to make payments to Owners, in particular any claims from Owners, PayPal or other payment solution providers resulting from your actions or omissions.

Bookings and Financial Terms for Guests

The Owners, not NightsOnBoat, are solely responsible for honoring any confirmed bookings and the availability of any water-based property reserved through our Platform. If you, as a Guest, choose to enter into a transaction with an Owner for the booking of a water-based property, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such property imposed by the Owner. You acknowledge and agree that you, and not NightsOnBoat, will be responsible for performing the obligations of any such agreements, that NightsOnBoat is not a party to such agreements.

NightsOnBoat disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that NightsOnBoat is not a party to the agreement between you and the Owner, NightsOnBoat acts as the Owner’s payment agent for the limited purpose of accepting payments from you on behalf of the Owner. Upon your payment of amounts to NightsOnBoat which are due to the Owner, your payment obligation to the Owner for such amounts is extinguished, and NightsOnBoat is responsible for remitting such amounts, less NightsOnBoat’s Fees, to the Owner. In the event that NightsOnBoat does not remit any such amounts to an Owner, such Owner will have recourse for such amounts only against NightsOnBoat.

Listings will specify the total Rental Fees. As noted above, the Owner is required to either confirm or reject the booking within 48 hours of when the booking is requested or the requested booking may be automatically canceled.
You agree to pay NightsOnBoat the total Rental Fees for any booking requested in connection with your NightsOnBoat Account if such requested bookings are confirmed by the applicable Owner. In order to establish a booking pending the applicable Owner’s confirmation of your requested booking, you understand and agree that NightsOnBoat, on behalf of the Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit or debit card for the total Rental Fees or (ii) charge your credit or debit card a nominal amount, not to exceed one dollar ($1) to verify your credit card. Once NightsOnBoat receives confirmation of your booking from the applicable Owner, NightsOnBoat will collect the total Rental Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that NightsOnBoat cannot control any fees that may be charged to a Guest by his or her bank related to NightsOnBoat 's collection of the Rental Fees, and NightsOnBoat disclaims all liability in this regard.
In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit or debit card information either to NightsOnBoat or its third party payment processor. You agree to pay NightsOnBoat for any confirmed bookings made in connection with your NightsOnBoat Account in accordance with these Terms by one of the methods described on the Site – e.g. PayPal, credit card, debit card or other payment options. You hereby authorize the collection of such amounts by charging the credit or debit card provided as part of requesting the booking, either directly by NightsOnBoat or indirectly, via a third party online payment processor or by one of the payment methods described on our Platform. You also authorize NightsOnBoat to charge your credit or debit card in the event of damage caused on a Boat as contemplated under “Damage to Boats” (as defined below) and for “Security Deposits” (as defined below), if applicable. If you are directed to NightsOnBoat’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Security Deposits

NightsOnBoat includes a security deposits in every Listing. For all Security Deposits included in a Listing for a confirmed booking, NightsOnBoat will, in its capacity as the payment agent of the Owner, use its commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit or debit card in the amount the Owner determines for the Security Deposit within a reasonable time prior to the Guest’s check-in at the applicable Owner’s Boat. NightsOnBoat will also use its commercially reasonable efforts to address Owner requests and claims related to Security Deposits, but NightsOnBoat is not responsible for administering or accepting any claims by Owners related to Security Deposits, and disclaims any and all liability in this regard.

Damage to Boats

As a Guest, you are responsible for leaving the Boat in the condition it was in when you arrived. You acknowledge and agree that, as a Guest you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the water-based property. In the event that a Boat Owner claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit or debit card on file in your NightsOnBoat Account. NightsOnBoat also reserves the right to charge the credit or debit card on file in your NightsOnBoat Account, or otherwise collect payment from you and pursue any avenues available to NightsOnBoat. If we are unable to charge the credit or debit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Boat to the applicable Boat Owner .

Cancellations and Refunds

If, as a Guest, you cancel your booking within “Cooling-off period' of 14 days after the requested booking is confirmed by an Owner and you've made the payment, Boat Accommodation will refund the total fees for such booking and cancel any pre-authorization to your credit or debit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time.

In case of cancellation after 'Cooling-off' period' expires, NightsOnBoat will charge 'Cancellation fee' of 30% to the Guest from any amounts charged to your credit or debit card in connection with the requested booking.
If an Owner cancels a confirmed booking made via our Platform , (i) NightsOnBoat will refund the total fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest may receive an email or other communication from NightsOnBoat containing alternative Listings and other related information.

 

8. Agents

NightsOnBoat Agents are users of the platform like Owners and Guests with the sole difference of having an Agent’s Number. Agents can list water-based properties without being the owner of such, but only with the absolute and definite acceptance of the owner of this property. NightsOnBoat is not part of the agreement between the owner and the agent, therefore it does not take any responsibility or liability resulting of any issue arising between the owner and the Agent. NightsOnBoat is not responsible for checking the listed water-based properties if the acceptance of the owner is confirmed. The Agent agrees to take all liabilities, responsibilities and claims of the owner onto his account and indemnifies NightsOnBoats from them. Agents receive a 2.5 % commission of every booking of water-based properties they listed.

This commission is transferred to the Agent at the same time as the owner’s rental fee minus NightsOnBoat’s chargers is submitted. The Agent’s commission is part of the rental fee minus NightsOnBoat’s chargers and therefore decreases the amount the Owner will receive. Agents are responsible for all Listings created by them and have to provide NightsOnBoat with the contact details of the owner as he will be contacted by NightsOnBoat to assure the Owner is aware of the situation.

 

9. Listings

As a User of NightsOnBoat , you may create Listings. To this end, you will be asked a variety of questions about the water-based property to be listed, including, but not limited to, the value, location, size, features, availability of the Boat, pricing, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Platform. Other Users will be able to book your property via the Platform based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your property, the price for such booking may not be altered without contacting NightsOnBoat customer service.

You acknowledge and agree that you are responsible for any and all Listings of you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Guest use of, a Boat in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any property included in a Listing you post, including, but not limited to, insurance requirements, coast guard regulations, zoning laws, marina regulations, and laws governing rentals and operation of such property and (b) not conflict with the rights of third parties. Please note that NightsOnBoat assumes no responsibility for an Owner’s compliance with any applicable laws, rules and regulations. NightsOnBoat reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that NightsOnBoat, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform.

You understand and agree that NightsOnBoat does not act as an insurer or as a contracting agent for you as an Owner. If a Guest requests a booking of your property and uses it in any way other than accommodation wise, any agreement you enter into with such Guest is between you and the Guest and NightsOnBoat is not a party thereto. Notwithstanding the foregoing, NightsOnBoat serves as the advertising platform through which Owners can advertise water-based properties to Guests and act as a limited authorized agent of the Owner for the purpose of accepting payments from Guests on behalf of the Owner and is responsible for transmitting such payments to the Owner.

When you create a Listing, you may also choose to include certain requirements which must be met by the Users who are eligible to request a booking of your property. Any User wishing to book properties included in Listings with such requirements must meet these requirements; however, we do not attempt to confirm or verify such information.
You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions.

 

10. Bookings

If you are an Owner and a booking is requested for your property via the Platform, you are required to either confirm or reject the booking within 48 hours of when the booking is requested (as determined by NightsOnBoat in its sole discretion) or the booking request may be automatically canceled. When a booking is requested via the Platform, we will share with you (i) the first and last name of the Guest who has requested the booking, and, (ii) a link to the Guest’s NightsOnBoat Account profile page, so that you can view such information before confirming or rejecting the booking.

If you are unable to confirm or reject a booking of a property within such 48 hour period, the booking request will be canceled. When you confirm a booking requested by a Guest, NightsOnBoat will send you an email or text message confirming such booking.
NightsOnBoat charges a 15% ('Service Fee') to the Owner from the amounts due and payable by a Guest solely relating to an Owner’s property which are collected by NightsOnBoat. NightsOnBoat will collect the ('Service Fee') at the time of booking confirmation (i.e. when the Owner confirms the booking within 48 hours of the booking request) and will initiate payment of the ('Rental Fee') less NightsOnBoat’s Service Fee to the Owner two business days after the Guest arrives at the applicable property (except to the extent that a refund is due to the Guest).

 

11. Cancellations

Each Owner agrees that NightsOnBoat may, in accordance with the cancellation policy:
1. Permit the Guest to cancel the booking within 'Cooling-off period' of 14 days upon making the payment

(i) make a full refund to the Guest within Cooling-off period of 14 days 2. Permit the Guest to cancel the booking after Cooling-off period expires

(i) permit NightsOnBoat to collect 'Cancellation fee' of 30% to the Guest
(ii) make the payment of 15% to the Owner less 15% Service Fee to NightsOnBoat.
(iii) make a rest of refund to the applicable Guest’s credit card and any pre-authorization of credit (iv) make a full refund to the Guest in case an Owner cancel the booking

 

12. Fees, Charges and Payments

NightsOnBoat charges a 10 % service fee of the rental price of each booking. The rent has to be paid as soon as the Owner or Agent agree to the requested booking. NightsOnBoat contains the rental amount until 2 days after the arrival of the Guest to the booked property. After this security period, the Owner will receive the rent less NightsOnBoat’s service fee and Agent’s fee. In case of an Agent, the money will be submitted at the same time as the Owner’s rental fee.You agree to pay NightsOnBoat the total Rental Fees for any booking requested in connection with your NightsOnBoat Account if such requested bookings are confirmed by the applicable Owner. In order to establish a booking pending the applicable Owner’s confirmation of your requested booking, you understand and agree that NightsOnBoat, on behalf of the Owner, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit or debit card for the total Rental Fees or (ii) charge your credit or debit card a nominal amount, not to exceed one dollar ($1) to verify your credit card. Once NightsOnBoat receives confirmation of your booking from the applicable Owner, NightsOnBoat will collect the total Rental Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that NightsOnBoat cannot control any fees that may be charged to a Guest by his or her bank related to NightsOnBoat 's collection of the Rental Fees, and NightsOnBoat disclaims all liability in this regard.

In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit or debit card information either to NightsOnBoat or its third party payment processor. You agree to pay NightsOnBoat for any confirmed bookings made in connection with your NightsOnBoat Account in accordance with these Terms by one of the methods described on the Site – e.g. PayPal, credit card, debit card or other payment options. You hereby authorize the collection of such amounts by charging the credit or debit card provided as part of requesting the booking, either directly by NightsOnBoat or indirectly, via a third party online payment processor or by one of the payment methods described on our Platform. You also authorize NightsOnBoat to charge your credit or debit card in the event of damage caused on a Boat as contemplated under “Damage to Boats” (as defined below) and for “Security Deposits” (as defined below), if applicable. If you are directed to NightsOnBoat’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

NightsOnBoat is not responsible for any tax payments on the rental fees. All Owners and Agents have the full responsibility for their received payments in terms of taxation laws. NightsOnBoat is not an employer of any party and therefore not obliged to pay any tax, insurance or other financial obligations to any third party.

 

13. Intellectual Property

All the information uploaded by any User, not regarding if Owner, Agent or Guest is the Intellectual property of NightsOnBoat as soon as submitted to the Platform. This is crucial for the advertising of the water-based properties and therefore necessary. If you do not agree to these Terms, your Listing cannot be properly advertised. Intellectual Property includes text, graphics, images, music, software (excluding any App), audio, video, information or other materials.

 

14. Physical Harm to all Parties

NightsOnBoat does not take any liability for any physical harm occurring to any party involved in any scenario. Every party is fully and solely responsible for itself and holds NightsOnBoat free from any liability, claims, demands and financial loss.

 

15. Disclaimer

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT NightsOnBoat DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, GUESTS, OWNERS AND AGENTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “ AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING,

NightsOnBoat MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY WATER-BASED PROPERTIES, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

NightsOnBoat MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, PROPERTIES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED VIA THE PLATFORM.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR GUESTS.
NightsOnBoat MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY NightsOnBoat.

NOTWITHSTANDING NightsOnBoat’S APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS FOR THE PURPOSE OF ADVERTISING BOATS AND ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE OWNERS, NightsOnBoat EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.

 

16. Waiver of liability

Each Owner agrees to indemnify and hold harmless NightsOnBoat and its agents, employees directors, shareholders from any and all liability, claims, demands, damage, financial loss that may incur due to the booking cancellation by a Owner including, but not limited to refund requests made by a Guest for airfares, train tickets or any other associated costs.

 

17. Indemnification

You agree to release, defend, indemnify, and hold Nightsonboat and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of NightsOnBoat Platform, Services or Content or your violation of these Terms; (b) your User Content; (c) your interaction with any User, (ii) booking or use of a Boat, (iii) creation of a Listing or (iv) the use, condition or rental of a property by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a water-based property.

 

18. Termination and Cancellation

NightsOnBoat reserves itself the right to terminate, cancel and delete any listing, booking and account at any time for a non specified reason.

 

19. Modification

NightsOnBoat reserves the right, at its sole discretion, to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will provide you with notice of the modification and post the modification on the Owners section of our site. By continuing to access or use our services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using our services.