T E R M S   O F   U S E

THE TERMS OF SERVICE DESCRIBED BELOW HAVE BEEN DEVELOPED WITH THE INTENTION OF FACILITATING THE UNDERSTANDING OF THE SERVICE TO USERS

You are using airbnfishing.com products, software, services, and Website(s) (collectively "Services") and are subject to the terms and conditions of this terms of service "Agreement".

By using the Services, you are agreeing to and are subject to the following terms and conditions, as well as our Privacy Policy, herein incorporated by reference (collectively, the "Terms"). If you do not agree to all of the Terms you are not authorized to use airbnfishing.com Services.

You accept the Terms by:

(1)    Clicking agree to the Terms, where this option is made available to you by airbnfishing.comm in the user interface for any Service; or,

(2)    By actually using the Services. In the case of, you understand and agree that airbnfishing.com treats your use of the Services as acceptance of the Terms from that point onwards. airbnfishing.com reserves the right, at its discretion, to change, modify, add or remove any of the Terms, in whole or in part, at any time.

(3)    You agree to use the services of airbnfishing.com as a reservation provider, for which reason the responsibility of airbnfishing.com is limited solely to making boats available to rent from owners to renters worldwide. 

(4)       Any responsibility related to the rental or use of the boat or watercraft displayed on the airbnfishing.com website is inherent solely and exclusively to the supplier of the chosen boat.

(5)    airbnfishing.com IS ONLY A WEBSITE AND IS NOT A SUPPLEMENT TO ANY RENTAL AGREEMENT OR OTHER TRANSACTION BETWEEN USERS OF THE WEBSITE. airbnfishing.com acts as a place for website users as renters ("boat renters") and members ("boat owners") (Boat Owners and Boat Renters, each a "User" and together, " Users ") to view and publish available boats to facilitate the rental of those boats. airbnfishing.com is not part of any actual agreement or transaction between boat renters and boat owners, although from time to time we provide tools related to a reservation such as a tool that allows a boat renter to make a transaction to rent a specific boat, directly from a Boat owner and payment services to facilitate the reservation. As a result, airbnfishing.com has no control over the accuracy or correctness of the content or information provided or used by such Lessees and Members. Any part of an actual or potential transaction between a Boat Renter and a Boat Owner, including the condition, quality, safety or legality of the ship.

Please check this Website and the Terms periodically for changes. Your use of the Services after such modified Terms are posted will mean that you accept such Terms.

CONDITIONS 

The use of the service and the airbnfishing.com website constitutes a contract that governs the relations between the users and airbnfishing.com and is subject to these general conditions of use.

These provisions constitute the rights and obligations of airbnfishing.com and the user.

 

I.- ACCEPTANCE OF THE CONDITIONS OF USE

  • It is considered that the user gives his complete and total acceptance, without any exception, of these conditions from the moment he ticks the box "I accept the conditions" when creating his user account or subscribing to airbnfishing.com.
  • If this box is not checked, the user acknowledges that the creation of the user account and the use of airbnfishing.com services will not be possible or valid.
  • Airbnfishing.com reserves the right to make changes at any time and they will take effect from the moment they are published on the airbnfishing.com website.


II.- PURPOSE OF THE SERVICE

  • The service consists of contacting boat and watercraft owners and boat renters to facilitate the rental of vessels, as well as the management of payments between users. With the understanding that airbnfishing.com is always a third party in the contract or agreement signed or arranged between an owner and renter. 
  • Users of the airbnfishing.com platform agree to provide accurate information at all times when making a listing on the website. airbnfishing.com is not responsible for the confirmation of identity and the information communicated by users.


III.- LEGAL CAPACITY

For the sake of transparency and to prevent fraud, according to the applicable and current legislation, airbnfishing.com may request users to provide an official identity document or other information.

The service is reserved for individuals of legal age, minors with the express permission of their parents, people with full legal capacity and legal entities that can comply with these conditions of use.


IV.- ACCESS TO THE AIRBNFISHING.COM PLATFORM

To use their account, the user must have an email address and a valid mobile phone number during the entire period of use of the services.


V.- POST A BOAT OR WATERCRAFT ADVERTISEMENT

  • Any boat or watercraft owner can post one or more advertisements for free on our site for the public to rent.
  • Boat owners must commit to publish online advertisements with the quality of the services offered (price, condition of the boat, model, year and any other specifications we request at the time of listing)
  • Each owner is responsible for the content of their advertisement published on airbnfishing.com and for the accuracy and sincerity of the information that each advertisement contains.
  • Each boat owner must include in their advertisement the specifications and location of the boat, whether or not the location has parking, if the rental price includes dock taxes and what amenities the boat or watercraft rental includes.
  • The owner can choose the rate at which the boat or watercraft is listed as and how many hours or days it can be rented at a time. Once a booking is made, 18% of the total booking including taxes is paid to airbnfishing.com which corresponds to the commission for the use of the platform.
  • The owner agrees that the rental price of his boat is at most equivalent to the public value shown on any platform, publication or on his own website.


VI.- INSURANCE

The owner agrees to only offer the reservation of boats and watercrafts covered by full insurance or those required by local and federal agencies of the country to which it corresponds for their rental activities, regardless of the user's Nationality, the planned navigation area and / or the usual base port of the boat.


VII.- RESERVATIONS

To generate a reservation for a boat or watercraft the owner must register through airbnfishing.com. Once the owner is registered and verified the boat or watercraft is then made available to the public to rent. 

When a renter has selected a boat or watercraft option from our website, an 7.5% deposit of the total price is taken from the renter at the time of booking and paid to airbnfishing.com as well as a 7.5% reservation fee. A confirmation of the booking is then sent in a maximum of 12 hours. 

For the purposes of making an effective reservation and guaranteeing it, the renter as a user must pay the equivalent of 7.5% of the total booking amount to airbnfishing.com, the remaining 92.5% balance must be settled solely and exclusively with the owner at the time of boarding. 

Renters must note and acknowledge that the boat or watercraft booked in the listing is the exact same at the time of boarding. airbnfishing.com is not responsible for advance payments to any boat or watercraft owners made by the renter. As it goes against our payment policies. 

Our policy states that the remaining balance of payment owed to the Owner must be paid at the time of boarding. Or unless organised and agreed upon by both the owner and renter parties. 

Once the 7.5% booking fee deposit is reflected in airbnfishing.com account, Notifications are sent to each of the users providing information and personal data of the other user in order to coordinate the transaction. 


VIII.- BOOKINGS AND FEES

In order to guarantee your booking, the renter will pay 7.5% of the total booking amount to airbnfishing.com at the time of making the reservation, this payment secures the booking. The7.5% is commission earned by airbnfishing.com and is not paid to the owner, the remaining balance is paid on the date of departure to the owner.

Renters using our platform will incur a 7.5% booking fee, per reservation that is paid to 

airbnfishing.com

Owners will be notified of the reservation through the airbnfishing.com website.

Users agree to only make use of the information to exchange requirements and needs regarding the rental and not to contract directly for future rental transactions 

Owners may list their boats or watercrafts for free on our airbnfishing.com website. 


IX.- BOAT RENTERS OBLIGATIONS

Boat and watercraft renters agrees to:

  • Use the website and its services in accordance with these conditions of use and the laws in the country of use.
  • Offer true, lawful, objective information, respecting the laws in force of each country.
  • Act in good faith when using the services and the website
  • Only have a user account and not open a user account to third parties
  • Signing the disclaimer to the boat or watercraft owner on the agreed day of the reservation


X.- OBLIGATIONS OF THE BOAT OWNER

The boat or watercraft owner agrees to:

  • Justify at all times that you are the owner of the boat/watercraft or administrator
  • Have the boat legally denounced before the corresponding authorities and / or registered and with the nautical tourism service permits that proceed according to the regulations of your country
  • Offer only well-maintained and equipped boats/water crafts with up-to-date technical controls, updated equipment, life jackets, snorkeling equipment and / or other amenities as stated in your listing
  • Have valid and up to date certificates as required by law during the term of publication of the advertisement. The owner must be able to present a valid insurance certificate when requested by airbnfishing.com
  • Verify the identity of the renter before allowing them to board the boat/watercraft 
  • Verify that the bank card used to pay the remaining balance belongs to the renter at the time of boarding
  • Inform the renter of any limitation of liability of the insurer
  • The owner accepts and undertakes to respect his social and tax obligations depending on his status before the corresponding authorities
  • The owner is obliged to provide the renter, when requested, an invoice.
  • Verify the condition of the boat, the validity of maintenance controls
  • Inform airbnfishing.com through the user account within two hours from the start of the rental, of any litigation or disagreement related to the advertisement of the boat or watercraft in use. If the accuracy of the advertisement is incorrect, the renter is able to cancel the booking and request a refund.
  • Be the holder of any permits, titles or qualifications necessary for the navigation of the boat or, where appropriate, its crew members carry all the permits or sea cards to be able to navigate
  • Use the boat in a responsible way for recreational navigation, within the framework of the maritime legislation in force of the corresponding Country


XI.- AIRBNFISHING.COM OBLIGATIONS

Airbnfishing.com is committed to the following:

  • Guarantee the operation of the website in accordance with the provisions of the terms of use thereof
  • Respond to user requests regarding the service in an expeditious and timely manner
  • Refund the deposit amount in case of cancellation due to major cause as listed in our policy within a maximum period of fifteen business days.


XII.- CANCELLATION OF RESERVATION

To make a cancellation, users must inform airbnfishing in advance through their user account and follow the required steps to complete the  cancellation procedure as detailed in our cancellation policy. 

A cancellation only becomes effective after airbnfishing.com sends an email notifying said cancellation.

Due to a case of major cause, any user can request to postpone the reservation to a later date or cancel the reservation, after justifying itself, airbnfishing.com does not assume any responsibility in this regard.

In case of cancellation due to bad weather that prevents going out to sea, or if the reservation lasted less than the amount of time booked and agreed upon.

airbnfishing.com will reimburse the renter by bank transfer within a period of fifteen days working days. The amount refunded will equal the same as the 7.5% deposit amount paid.  

Under no circumstances will the 7.5% booking fee be refunded. 

The boat owner may not request the cancellation of their rental that has been accepted via our platform, except in the case of major cause.

In case of unjustified cancellation, the boat owner will be charged the amount equivalent to the 7.5% commission charged by airbnfishing.com for the deposit, that is, the owner is obliged to cover the amount of said deposit in favor of the user in a term no greater than fifteen working days. 


XIII.- IF THE VESSEL DOES NOT CORRESPOND WITH THE ADVERTISEMENT

In the event that the boat or watercraft does not correspond and is not accurate to the advertisement which has been published by the owner, the lessee will notify airbnfishing.com, presenting all possible supporting documents.

The renter must declare whether or not they wish to cancel or keep said rental agreement. In the case the renter chooses to cancel the booking due to inaccuracy of the advertisement posted by the owner, they will receive a full refund of the deposit amount paid. 

In case the renter chooses to keep the rental, they will not be able to request a refund. 

In the event that the renter decides to cancel the rental, and airbnfishing.com accepts, on a commercial basis, and without this being able to allow the user to imply the responsibility of airbnfishing.com in any way, the amount will be refunded by the boat owner as a conventional penalty, they will assume the payment in favor of the renter for the amount of the 7.5% deposit collected by airbnfishing.com.


XIV.- IF THERE IS A DAMAGE DURING THE RENTAL

In the event that the boat or watercraft suffers serious damage or breakdown  that prevents the use of the boat or watercraft in accordance with the recreational purpose for which it was hired, the lessee may request a refund of the payment from the owner or, where appropriate, reschedule their departure without any extra cost for the renter.

The renter must declare whether or not he wishes to cancel the rental

In the case you agree to keep the rental, you will not be able to request in any case a refund from the owner and airbnfishing.com.

In the event that the renter decides to cancel the rental, and airbnfishing.com accepts, on a commercial basis, and without this being able to allow the user to imply the responsibility of airbnfishing.com in any way, the amount will be refunded by the boat owner as a conventional penalty, they will assume the payment in favor of the renter for the amount of the 7.5% deposit collected by airbnfishing.com.


XV.- AVAILABILITY OF THE SERVICE AND THE WEB PAGE

airbnfishing.com is committed to doing everything possible so that the service and the website are available 24 hours a day and 365 days a year without interruption, except if updates or changes are needed.

The user must bear in mind that the website and the services are exposed, like any computer application, to failures, irregularities, errors or interruptions that may be mainly due to connection problems.

Therefore airbnfishing.com does not guarantee the user that the website and services are permanently available.

The user may in no case hold airbnfishing.com responsible for these failures, irregularities, errors or interruptions, even in the event that they have caused any prejudice.

 

XVI.- LIMITATION OF LIABILITY

In the event of a claim, the user cannot hold airbnfishing.com responsible under any circumstances.

airbnfishing.com is not responsible for the management of delays or disputes between users.

airbnfishing.com is also not responsible for possible insufficient funds in the renter's bank account or for any disagreement between the owner and the  renter regarding the payment.

Under the reservation of exclusions of responsibility contained in these general conditions, it is agreed that in any case and regardless of the basis, any responsibility that airbnfishing.com, may incur in relation to the website or the service, cannot, except in case of serious misconduct or negligence, exceed the amount equivalent to the booking deposit. 

In no case will airbnfishing.com be responsible for the repair of damage to any boat or watercraft rented on our site even if airbnfishing.com has been notified of such possible damages.

The user acknowledges that the conditions of the rates are based on exclusions and limitations without which airbnfishin.com would not have entered into any contract.


XVII.- EXCLUSIONS OF LIABILITY

In addition to the cases provided in these general conditions of use of the service, airbnfishing.com is not responsible for the following cases:

  • Unavailability of the website or the service for reasons beyond airbnfishing.com control
  • Inappropriate or illegal use of the website and / or the service by the user
  • Fraudulent intrusion of a third party into the website and the service
  • Disagreement of the state of the vessel with respect to the advertisement
  • Non-compliance of administrative and health by the user
  • airbnfishing.com is not responsible for users complying with their social and tax obligations based on their status or giving advice to users in this regard.


XVIII.- CASES OF MAJOR CAUSE

The parties agree that these are cases of major cause:

  • Meteorological reports that prevent the boat or watercraft from leaving out to sea
  • Legislative and regulatory modifications of each country
  • Natural disasters, fires, storms, hurricanes, floods, wars and terrorist attacks, company strikes, illness, pandemics, surges and electrical shocks, power plants, breakdowns in computer equipment, blockages or interruption of electronic communication networks.


XIX.- USERS

airbnfishing.com agrees to not use any data obtained from the user for purposes other than those of the service and especially not to resell this data to third parties for commercial purposes, except if required by law or at the request of any administrative or judicial authority.


XX.- TERMINATION OR SUSPENSION OF SERVICE

The user acknowledges that airbnfishing.com has the right to suspend access to the service or to terminate its contractual relationships with the user or to delete any user account, by right, with a simple notification by email and without further formalities for any reason, and in particular:

  • In case of breach of the general conditions of use
  • In case of inappropriate or illegal use of the service, especially in case of payment problems (including suspicions of money laundering)
  • In case of cancellation of more than two reservations, except in cases of major cause indicated in point number XVIII of these terms and conditions of use
  • In case of especially negative evaluations by other users or of non-conformity between the boat and the advertisement
  • In case of cessation of the operation of the website and / or the service by boatsbooking.com
  • The user can terminate his user account at any time with a simple notification by email to: contact@airbnfishing.com
  • Rescinding or suspending their account, the user agrees to guarantee and maintain the management of accepted ongoing reservations
  • The account cannot be closed if there are pending trips already booked, in which case and said reservation(s) have already been settled or finalized, the account will be canceled 7 days after said reservation.
  • We generally delete closed account information from our systems within 30 days of receiving your account closure request, except as noted in this terms of service. Your personal data will generally stop being publicly visible to others on our site within 72 hours from when we receive your account closure request


XXI.- PERSONAL INFORMATION

In accordance with international laws, the use and protection of data is declared appropriate, thus committing airbnfishing.com not to misuse personal data.

The user has the right of access, modification, rectification and deletion of the personal data that concerns them, which can be exercised by contacting airbnfishing.com through emailsupport@airbnfishing.com

Depending on the functions chosen at the time of the user account, the user may receive commercial offers on airbnfishing.com, in case the user no longer wishes, he can object at any time by sending an email notifying about that decision to: support@airbnfishing.com

airbnfishing.com collects some of your personal data in accordance with current international law and with the information stipulated in its privacy policy. In this case, the user accepts and acknowledges the processing of personal data when using the website and after registering as a member.


XXII.- POLICIES FOR REFUND IN CASE OF CANCELLATION

In the event that the user has made a reservation and they wish to cancel it, the refund of the deposit payment for the reservation guarantee will apply under the following conditions:

  • If the reservation is 7 days or less prior to the date of your departure, there will be no refund and the amount of your deposit will remain as a penalty for said cancellation outside the time necessary to proceed with the partial or total refund.
  • If the reservation is 14 days or less prior to the date of your departure, 50% of the refund deposit will be made, which will be made within a maximum period of fifteen business days, The remainder 50% will remain as a penalty for said cancellation.
  • If the reservation is 15 days or more prior to the date of your departure, 100% of the deposit will be refunded, which will be made within a maximum period of fifteen business days.


XXIII.- INTELLECTUAL PROPERTY

airbnfishing.com and the logo that appears on the website are registered trademarks owned by airbnfishing.com in their entirety. No license is granted to the user

airbnfishing.com is the owner of the intellectual property rights associated with the service and the website, and particularly related to the software elements, ergonomics. The layout, the graphic elements, the logo and the design of the website itself.

The user is prohibited from attempting in any way against the intellectual property rights of airbnfishing.com

Users are solely responsible for the content and release airbnfishing.com from any liability in the event of claims related to the content for violation of the rights of third parties and current legislation and undertake to indemnify airbnfishing.com for any damage that may cause and reimburse you for damages and interest, expenses, especially advice, lawyers,  that may arise in this regard.


XXIV.- AUTONOMY OF CLAUSES AND SEVERABILITY

If one or more provisions of these general conditions of use are declared void when applying a law, a regulation or after a final decision of a competent jurisdiction, the rest of the provisions will retain all their effects and force to the extent permitted by said decision. On the other hand, the fact that one of the parties does not take advantage of a breach by the other party of any of the provisions of the general conditions of use may not be interpreted as a waiver on their part to prevail in the future of such breach.


XXV.- COOKIES

When accessing the website, a cookie can be automatically installed and temporarily kept in the memory or on the user's hard drive to facilitate navigation on the website. Cookies are used to save information related to the use of the website (such as the pages consulted, the date and time of access, etc.). Users have the right to reject the use of cookies by configuring their browser.

This operation will nevertheless entail the elimination of all cookies used by the browser, including those used by other web pages, which may lead to alteration, loss of some settings or information.

The elimination of cookies can modify or hinder the user's navigation on the website.


XXVI.- APPLICABLE LAW

These conditions are regulated according to the international laws that apply in each Country. airbnfishingg.com will not assume any claim or responsibility after the deposit is guaranteed. The arrangement corresponds solely with the boat or watercraft owner, however airbnfishing.com may intervene to fix any discrepancy there is between both parties.

Claims must be sent to airbnfishing.com within a maximum period of 24 hours after the date of rental and must be sent to the email address: support@airbnfishing.com

airbnfishing.com is not part of the commercial arrangement between the boat owner and the boat renter, its function is limited to assisting both parties to reach a friendly agreement in the event of any discrepancy.