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Boating Beans Operator & Co-operator Terms of Use

Last updated: March 19, 2019

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the www.boatingbeans.net website (the "Service") operated by Boating Beating, Inc ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

The Boating Beans Service

The Boating Beans Platform is an online service that enables registered Members e.g. consumers, travel operators, hospitality providers etc., jointly referred to as (���Members���) and third parties who offer deliverables jointly referred to as (���Operators���) and the deliverables they offer are ���Booking Experiences���) to publish such Operators Booking Experiences on the Boating Beans Platform (���Postings���) and to communicate and transact directly with Members that are seeking to book such Booking Experiences (Members using Operators Booking Experiences are ���Members���). Operators Booking Experiences may include the offering of boats for use ("Vessels"), covering activities of different types (���Experiences���), and a variety of other travel and non-travel related deliverables.

Boating Beans, as the Platform provider, does not deliver or supply any Postings or Operator Deliverables and does not function within the DIRECTIVE (EU) 2015/2302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL. Operators are totally accountable for their Postings and Operators Deliverables. Members and Operators using the Boating Beans Platform contract directly, and Boating Beans is not part of any contractual relationship between Members and Operators. Except as detailed under Purchases, Boating Beans is not an agent for any Member.

Operators alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Postings and Operators Deliverables. Operators are alone responsible for identifying and obtaining the pre-requisite requirements and ensuring the necessary documentation, of whatever nature, is in place to support the Postings and Operators Deliverables they offer in the locality they are operating in at any time. Operators utilizing the Listing(s) and Operators Service(s) on Boating Beans should always seek legal guidance before and during use of the Boating Beans Deliverables.

Boating Beans advises Operators to review the contents of the Operator Safety Advisory Document OSAD 08 Mar 2019 v1.0 as an example of for a vessel management process. Boating Beans and its affiliates (and any of their respective directors, officers, agents, contractors, suppliers and employees) will not be liable for any damages, losses or causes of action of any nature arising from any use of the sample advisory document, provision of the templates or guidance documents.

Boating Beans Community

Creating a world where anyone can truly belong requires a foundation of trust grounded in consistent expectations of member behaviour. We���ve established these Community Standards to help guide behaviour and the values that underpin our community.

The Boating Beans community is committed to building a world where people from every background feel welcome and respected. This commitment rests on community principles that apply both to Boating Beans Operators and Members, and our shared commitment to these principles enables every member of our community to feel welcome on the Boating Beans platform.

The aim of the Boating Beans Community is to create an environment where our members can safely exchange information and are free to make comments, questions and suggestions, and we ask that anyone using our platform extends courtesy, kindness and respect to all other members within our communities.

In order to help create this safe environment we have set out some guidelines which apply to any engagement with us or other members of the community, and by engaging via the Boating Beans platform you agree to follow these guidelines that will evolve to the benefit of our community.

Members must ensure their comments, postings and inter-action with other members do not include any of the following:

  • Contain spam, be defamatory of any person, deceive others, be obscene, offensive, threatening, abusive, hateful, inflammatory or promote sexually explicit material or violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Breach any of the terms of any of the Boating Beans or 3rd Party platforms themselves.
  • Be off-topic, irrelevant or unintelligible.

This is a living document, as we���re constantly refining our approach to meet the needs of our community. But these five standards, safety, security, fairness, authenticity, and reliability, remain central pillars in our efforts to help ensure safety and foster belonging. We���re always working to make sure they���re upheld and enforced.

Privacy Policy

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.

  • Information Collection and Use

While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name ("Personal Information").

  • Log Data

Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data").

This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyse this data.

  • Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that is associated with the Service.

  • Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.

Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

  • 3rd Party Licenses and Terms & Conditions

The Boating Beans Service use 3rd Party Services, including, but not limited to, Google Earth, Google Maps, Apple, etc., and by using the Boating Beans Service you agree to abide by the 3rd Party Licenses and Terms & Conditions.

  • Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

  • Data Controller

You are contracting with Boating Beans, United States and our collection and use of personal information under our privacy policy refers to Boating Beans as (the ���Data Controller���) and this includes our payment Deliverables.

  • Swiss - US Privacy policy

Boating Beans abide by the rules of the Swiss ��� US Privacy Shield https://www.privacyshield.gov/welcome.

Reviews

All the reviews on Boating Beans are written by Operators and Members from our community, so any review you see is based on a stay that a Member had in an Operator���s listing.

You have 14 days after checkout to write a review for an experience.

  • Writing a review

To leave a review for a recent trip, go to your reviews. Reviews are limited to 500 words and must follow Boating Beans Content Policy. You can edit your review for up to 48 hours, unless your host or Member completes their review.

  • Review history

To see reviews you've written or reviews about you, go to your reviews. You'll also see any private feedback that people have left you.

Our community relies on honest, transparent reviews. We will remove a review if we find that it violates our review guidelines.

  • Group reviews

If a reservation has more than one confirmed Member, the Operator���s review will appear on all of the Members' profiles.

Extortion Policy

Reviews are a way for Boating Beans Members and Operators to share their experiences with the community. Any attempt to use reviews or review responses to force a member to do something they aren���t obligated to do is a misuse of reviews.

This policy applies to situations including, but not limited to:

  • Members threatening to use reviews or ratings in an attempt to force another member to provide refunds, additional compensation, or a reciprocal positive review.
  • Operators requiring a guest to leave a positive review or rating, or to revise a review in exchange for a partial or full refund, or reciprocal review. Operators also can���t offer a free or discounted experience in exchange for a guest revising an existing review.
  • Operators asking a guest to take specific actions related to a review in exchange for a resolution to a dispute between the parties.
  • This policy does not prohibit:

  • A member from contacting an operator with a problem prior to leaving a review.
  • An operator from asking a member to leave an honest positive review or rating reflecting a positive experience.
  • An operator or member from revising a review within the time constraints for revision.

Operators and Members cannot edit reviews after they are published.

By posting a review, you agree to follow all Boating Beans guidelines and policies, including the Extortion Policy, which Boating Beans may enforce at our sole discretion. Failure to do so may result in the restriction, suspension or termination of your Boating Beans account.

If you think you've experienced extortion, please contact us.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to, product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Member Refund Policy

By using the Boating Beans Platform as an Operator or Member, you are indicating that you have read and that you understand and agree to be bound by this Member Refund Policy.

  • A Booking Experience Issue

A ���Booking Experience Issue ���means any one of the following:

(a) the Operator cancels a booking shortly before the scheduled start of the booking or fails to provide the Member with the reasonable ability to access the Vessel.

(b) the Listing���s representation of the Vessel is inaccurate.

(c) at the start of the booking the Vessel is not clean and sanitary or contains safety and/or health hazards or does not satisfy the requirement set out in the description of the items to be supplied with the booking or the items to be supplied do not meet standards of cleanliness.

  • The Member Refund Policy

If you are a Member and suffer a Booking Experience Issue, we agree, at our discretion, to either:

  • reimburse you up to the amount paid by you through the Boating Beans Platform (���Total Fees���) depending on the nature of the Booking Experience Issue suffered, or
  • use our reasonable efforts to find and book you another Vessel for any unused nights left in your booking which is reasonably comparable to the Vessel described in your original booking in terms of size, cabins, features and quality.

All determinations of Boating Beans with respect to the Member Refund Policy, including without limitation the size of any refund and the comparability of alternate Vessels, shall be in Boating Beans��� discretion, and final and binding on the Members and Operators.

  • Conditions to Claim a Booking Experience Issue

To submit a valid claim for a Booking Experience Issue and receive the benefits with respect to your booking, you are required to meet each of the following conditions:

  • you must be the Member that booked the Vessel;
  • you must bring the Travel Issue to our attention in writing or via telephone and provide us with information (including photographs or other evidence) about the Vessel and the circumstances of the Travel Issue within 24 hours from when you discover the existence of the Booking Experience Issue , and must respond to any requests by us for additional information or cooperation in support of the issue;
  • you must not have directly or indirectly caused the Booking Experience Issue; and
  • unless Boating Beans advises you the Booking Experience Issue cannot be remediated, you must have used reasonable efforts to try to remedy the circumstances of the Booking Experience Issue with the Operator prior to making the claim.
  • Operator Responsibilities and Reimbursement to Member
  • If you are an Operator, you are responsible for ensuring that the Vessels do not present a Member with Booking Experience Issues. During a Member���s stay at a Vessel, Operators should be available, or make a third-party available, in order to try, in good faith, to resolve any Member issues.
  • If you are an Operator and Boating Beans determines that a Member has suffered a Booking Experience Issue related to a Vessel compensate the Member using the provisions of this Member Refund Policy, you agree to reimburse Boating Beans up to the amount paid by Boating Beans within 30 days of Boating Beans��� request. You authorize Boating Beans Payments to collect any amounts owed to Boating Beans by reducing your Pay-out or as otherwise permitted pursuant to the Payments Terms.
  • As an Operator, you understand that the rights of Members under this Member Refund Policy will supersede your selected cancellation policy. If you dispute the Booking Experience Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claim provided you must have used reasonable and good faith efforts to try to remedy the Booking Experience Issue with the Member prior to disputing the Travel Issue claim.
  • General Provisions
  • This Member Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Member, and the Member has not paid any premium in respect of the Member Refund Policy. The benefits provided under this Member Refund Policy are not assignable or transferable by you.
  • Boating Beans reserves the right to modify or terminate this Member Refund Policy, at any time, in its sole discretion. If Boating Beans modifies this Member Refund Policy, we will post the modification on the Boating Beans Platform or provide you with notice of the modification and Boating Beans will continue to process all claims for Travel Issues made prior to the effective date of the modification.
  • Entire Agreement. This Member Refund Policy constitutes the entire and exclusive understanding and agreement between Boating Beans and you regarding the Member Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between Boating Beans and you regarding the Member Refund Policy.

Extenuating Circumstances

We may be able to give you a refund or waive the penalties if you have to cancel because of an unexpected circumstance that���s out of your control. Below is a list of circumstances covered by our Extenuating Circumstances Policy. Before you cancel, check that your circumstance is included in the list below and that you can provide the required documentation.

  • Circumstances that require documentation

Death of an Operator, Member, or their immediate family member. You���ll be asked to provide one of these documents:

  • Death certificate
  • Obituary
  • News article naming the deceased

Serious illness of an Operator, Member, or any member of the travelling party.

You���ll be asked to provide a general statement from a physician confirming that the person can���t travel. The statement must be dated after the reservation was booked.

Government-mandated obligations including jury duty, travel restrictions, court appearances, and military deployment.

You���ll be asked to provide a copy of the official notice dated after the reservation was booked, including the name of the person fulfilling the obligation.

Airport and road closures that make it impossible to travel to your destination. This includes closures caused by natural disasters like earthquakes or severe storms.

You���ll be asked to provide a notice of the road closure or notice of the airport closure and proof that the flight was cancelled.

  • Circumstances that require special review

There���s no required documentation for these circumstances, but our specialized team will review each case to confirm that you���re directly affected.

Severe security advisories for political or civil unrest in the area that the Member is travelling from, travelling to, or that the Tour Service is located in.

Examples include:

  • Violence
  • Increased military presence
  • Severe damage to the area���s infrastructure
  • Changes to visa or passport requirements that make it impossible to travel to the destination. This doesn���t include lost or expired travel documents.

Natural disasters that prevent the Member from travelling to or from the destination or that make travel unsafe.

Examples include:

  • Severe storms
  • Earthquakes
  • Flooding
  • Tornados
  • Tsunamis
  • Wildfires
  • Blizzards or severe winter storms

Endemic disease or illness that suddenly affects a region or an entire group of people. This doesn���t include existing diseases that are associated with an area, for example, Malaria in Thailand or Dengue Fever in Hawaii. Examples of endemic disease include:

  • Ebola
  • Zika
  • Chagas disease
  • What to do next

If you���ve confirmed your circumstance meets the requirements above, first cancel your reservation and then contact us to file a claim. Claims must be submitted within 14 days of the extenuating circumstance.

Dispute Resolution

Boating Beans will endeavour to assist with any dispute between a Member and Operator, however, in the event a resolution cannot be found the Member may employ the American Arbitration Service https://www.adr.org/ for resolution of cases outside the EU and the EU on-line Dispute Resolution

https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en for resolution of cases within the EU.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.

Boating Beating has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Boating Beating or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

An account hierarchy is implemented within the Boating Beans Platform and accounts may be opened for Operators. When registering the Operators account for the first time you will be sent an activation email to the registered email for the account. When subsequently using the Operators account you may be requested to supply additional information that is only known to you as the account holder to verify your identity.

When registering the Operators account for the first time you will be sent an activation email to the registered email for the account. When subsequently using the Operators account you may be requested to supply additional information that is only known to you as the account holder to verify your identity.

When signing up as an Operators there are different levels of authority assigned to the following categories under the scope of Operators and the accounts are assigned by the person assigned as Superadmin.

  • Superadmin
  • Admin
  • Skipper
  • Crew
  • Maintenance i.e. cleaning, IT etc.

If you are using or logging into an account assigned to you by a Superadmin, additional terms may apply to your use of the Boating Beans Site. Moreover, your Super-administrator may be able to access or disable your account without our involvement.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Boating Beating and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Boating Beating.

Links to Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Boating Beating

Boating Beating has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Boating Beating shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Boating Beating and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation of Liability

In no event shall Boating Beating, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Boating Beating its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.