GENERAL CONDITIONS OF USE AND SALE OF THE BOATON SERVICE

These general conditions of use and sale (hereinafter referred to as "GTU") govern the use by Users of the websitewww.boaton.fr, the BoatOn mobile application accessible on smartphone and tablet, published by the company BoatOn (as these terms are defined below) and all interactions (emails, telephone calls in particular) with the company BoatOn or its representatives.

By accessing and/or using the Site or the services offered by BoatOn, the User accepts these T&Cs without reservation.

BoatOn reserves the right to modify the T&Cs at any time. The new General Conditions of Use must be expressly accepted by the User so that he can continue to use the Service.

The T&Cs are written as well as all the contractual information mentioned on the Site in French.

 

1. Definitions

 

The terms and expressions identified by a capital letter will have the following meaning:

"Insurance" means the insurance services offered by insurance organizations through the Site. BoatOn is an insurance broker and registered in the Single Register of Insurance Intermediaries under number 18003594. More information onorias.fr.

"Problem" or "Request": refers to the indications given by a Boat Owner on the Site for an intervention on his Boat,

"CGU": refers to these general conditions of use and sale,

"Customer" means a User who orders a Service or makes a Rental through the Site,

"BoatOn": designates the company BOATON, a simplified joint-stock company with share capital of 30,000 euros, whose head office is located at 80 rue de Saint Genès, 33000 BORDEAUX, registered in the Bordeaux Trade and Companies Register under the number unique identification 838 874 204,

"User Account": refers to the account allowing access to the Service by a User by means of a username and a personalized password,

"Concierge" means the concierge service offered by Professionals, constituting assistance in cleaning a Boat, the reception of a Tenant or any other concierge service,

“Content”: means any text, graphic, image, video, information or other elements that Users post, upload, publish, submit, transmit, or include in their Application in order to make it available on the Site,

"Personal data" means personal data that can identify a natural person,

"Boat": refers to any nautical vehicle (such as sailboats, motorboats, barges, catamarans, jetskis, etc.),

“Vehicle”: refers to any vehicle (such as, in particular, motorhomes, caravans, etc.),

"Rental" means the rental of a Parking by a Lessor to an Owner,

"Lessor" means the owner of a Car Park, professional, institutional or private, offering it for Rental on the Site,

"Maintenance" means the maintenance service of a Boat by a Professional Service Provider,

"BoatOn Messaging" means the electronic messaging accessible on the Site allowing Users to exchange messages with BoatOn or another User,

"Parking" means a space offered for rental by a User,

“Service”: refers to the services offered by Professionals, namely Maintenance, Insurance and Concierge services,

"Provider" means a professional offering Services via the Site,

"Professional" refers to a Professional Service Provider or a Professional Lessor.

“Owner”: refers to any natural or legal person, professional or individual, who can prove full ownership of a Boat at the first request of BoatOn and/or a Tenant. By extension, also designates the agent of an Owner, this agent having to justify the existence and the scope of the mandate he has received,

“Service”: means together (i) the service for connecting Owners or Tenants with Renters and Service Providers and (ii) the tool for managing reservations and payments between Users, as well as any other service offered by BoatOn by the intermediary of the Site

“Site”: means together the website www.boaton.fr and the iOS and Android mobile application accessible on the App Store and on Google Play “BoatOn”,

“User”: refers to any user of the Site and the Service, whether Owner or not.

 

2. Acceptance of the T&Cs

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  The use of the Service and the Site are subject to these T&Cs. The T&Cs constitute a contract governing the relationship between the User and BoatOn. They cancel and replace all previous provisions and constitute all the rights and obligations of BoatOn and the User relating to their subject. The Parties accept that in the event of a contradiction between information on the Site and the T&Cs, the latter shall prevail. BoatOn reserves the right to modify the T&Cs at any time, the modifications taking effect, where applicable, at the time of their publication on the Site. Continued use of the Site implies tacit acceptance by Users of the latest updated version of the T&Cs.

 

3. Purpose of the Service

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The Service is a linking service between Owners and Service Providers or Lessors and allows the Owner to choose the best offer for his Problem. The connection between the Owners and the Service Providers relates to the Services. The connection between Owners and Renters relates to Rentals  .

 

Each User understands and accepts that BoatOn is and remains a third party to the contract concluded between an Owner and a Lessor or a Service Provider. As such, BoatOn cannot be held to perform the obligations of a User in its place and place and cannot be held liable for breaches by a User of his contractual obligations.

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4. Access to the Service

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• Legal capacity

The Service is reserved for adult natural persons with full legal capacity and legal persons who can submit without reservation to these T&Cs. By accessing the Site, the User certifies that they are at least 18 years old and have the capacity and power to contract.

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• Access – Creation of a User Account

In order to be able to use the Service, the User must imperatively have a valid e-mail address for the duration of the use of the Service.

 

When creating his User Account, the User must read the T&Cs and can only validate the creation of his User Account after having expressly accepted them.

Any violation of the T&Cs authorizes BoatOn to block or limit the use of the Service to the User responsible for the violation, or to close his User Account.

The User must enter accurate, current and complete information during the registration process and keep the information in the User Account as well as that appearing on the public page of his profile up to date. Users are responsible for keeping and using their permanent username and password. The User ID is strictly personal. They therefore refrain from disclosing them to anyone and must take all necessary measures to prevent unauthorized or fraudulent use of their User Account.

In the event of loss or theft of their identifiers, or any improper use, Users must notify BoatOn immediately at the following address: paul@boaton.fr. The User Account may be deactivated and a new User Account may be activated.

 

 

5. Use of the Service

 

5 .1     Services

 

5.1.1 Maintenance

 

• Sending a Request for a Service

To be able to use the Service request service, the User must complete the form on the Site and provide the information requested by BoatOn (in particular his name, email address, home port, make and model of the Boat and of his engine, serial number of the engine, date of the desired intervention) and describe his Problem as precisely as possible. If any of the above information is missing, the User will not be able to submit his Request. On the other hand, BoatOn may request additional information to better target the Request.

• Answers from Professionals and obtaining quotes

Once the Owner's Request has been received, BoatOn contacts several Professionals who can respond to this Problem.

The Owner authorizes, within the framework of the use of the Service, BoatOn to transmit the information necessary for the establishment of the estimate to the Service Providers. BoatOn then sends the quotes received to the Owner. In the absence of a quote sent within a reasonable time, BoatOn will inform the Owner that the Service Providers are unable to respond to the Problem.

BoatOn only has an obligation of means. BoatOn cannot guarantee that the Service Providers will be able to respond to any Request. 

The Owner is free to select the Professional of his choice based on the quotes received.

Once an estimate has been accepted, via the Site, the Owner's contact details are sent by BoatOn to the Service Provider concerned. The transmission of this data is carried out solely for the purpose of performing BoatOn's contractual obligations within the framework of the Service.

 

BoatOn does not guarantee any User, Boat, Request or Professional. In particular, BoatOn cannot be held responsible for direct relations, exchanges or agreements between the Owner and the Professionals once these parties have been brought into contact.

 

 

5.1.2 Concierge

 

The User has access to Concierge offers on the Site. These contain a descriptive announcement including the identification of the Service Provider, the address of the Service Provider, a description of the Services including in particular the main characteristics of the Service; the price of the Service per day or hour or week, the date of the Service and the duration.

 

The User can proceed to the reservation of the Concierge services on the Site, after having read the descriptive announcement of the Concierge services.

 

The insertion and ranking of Service offers in search results on the Site may vary and depend on various factors, such as the search parameters and preferences of the Owner, the requirements of the Service Provider, prices and dates of availability, number and quality of photos, customer service and cancellation history, reviews and/or ease of booking.

 

5.2 Parking

 

The User has access to the Parking offers on the Site. These generally contain a description of the Car Park, a photo of the Car Park, its surface area, the price offered per day/week/month of Rental, the amount of the rental guarantee and the terms of this, where applicable. applicable.

 

The Tenant can check the availability on the Site and proceed to the reservation of the Parking, after having read the descriptive announcement of the Parking. If the Lessor is a professional, the Lessee will have access to the following information: the identification of the Lessor and the address of the Lessor.

A Rental Agreement may be created for each act of Rental between the Lessor and the Lessee. The model contract  is  available by simple request to BoatOn for information purposes.   The Parking will be used by the Tenant exclusively for the following use: parking the Boat or the Vehicle to the exclusion of any other use.

The Lessor must declare its status as a professional, consumer or non-professional, which status may be indicated on the Site depending on the status declared by it.

In the same way, the Lessor must indicate to BoatOn whether VAT is applicable on the principal amount of the rental. By default  if the Lessor is an individual, VAT will only apply to BoatOn's service charges. It is possible that VAT is due on the main amount of the Rental only if the individual has himself opted for this regime. The private Lessor must 1) include VAT in the price he chooses (by default, this amount is excluding VAT) and 2) expressly report it to paul@boaton.fr. 

 

If the rental offer is proposed by a consumer or a non-professional:

BoatOn informs consumer or non-professional Lessors that presenting oneself as a consumer while acting in the context of a usual or regular professional activity may be considered a misleading commercial practice, punishable by imprisonment for 2 years and a fine of 300,000 euros. The penalties incurred by the Lessor if he acts in a professional capacity while presenting himself as a consumer or a non-professional are as follows: the amount of the fine may be increased, in proportion to the benefits derived from the offence, 10% of the average annual turnover or 50% of the expenses incurred for the realization of the advertising or the practice constituting this offence.

 

The insertion and ranking of Rental offers in search results on the Site may vary and depend on various factors, such as the search parameters and preferences of the Renter, the requirements of the Renter, prices and dates of availability, number and quality of photos, customer service and cancellation history, Reviews and/or ease of booking.

 

5.3 BoatOn Book software

The User has access to maintenance software in the form of a monthly or annual subscription.

 

5.4 Insurance

BoatOn also offers an insurance service. In this case BoatOn acts as an insurance broker. BoatOn is a certified organization and registered in the Single Register of Insurance Intermediaries under number 18003594 (available on the Orias website). BoatOn will send the User quotes from insurance organizations responding to their Request, in particular from Helvetia, Pantaenius or April Marine.

 

 

6. Price of Services and Rentals – Service Fees

 

Maintenance

The Prices for Maintenance Services are freely set by the Service Providers. The Service Provider invoices its Maintenance Services directly to the Customer.

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Car park

The Rental Price is set by the Lessor.

Service fees are invoiced to the Customer by BoatOn at 12% of the rental price.

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Service book or maintenance software

The Maintenance Log Service or "BoatOn Book" maintenance software is accessible in the form of a subscription paid monthly or annually.

 

Insurance

The insurance costs will be paid directly to the insurance organization.

 

 

7. Terms of payment

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Maintenance

The Price of the Services is paid directly by the Client to the Service Provider upon receipt of the latter's invoice, unless otherwise agreed between the Service Provider and the Client.

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Car park

The Parking Price is paid via a payment platform, by bank card. The payment system is the system developed by Stripe. Payment is secure and Stripe's terms and conditions apply when using this payment method:https://stripe.com/docs/connect/updating-accounts#tos-acceptance

• For Rentals of a fixed duration of less than one month, the Parking Price is paid in advance at the time of booking the Rental.

• For Rentals lasting longer than one month, the Parking Price can be paid in advance in full at the time of booking the Rental or paid in advance up to one month's rent at the time of booking. . In the latter case, the Parking Price is paid each month by direct debit from the means of payment indicated at the time of booking and this until the end date of the commitment.

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Maintenance book or "BoatOn Book" maintenance software

• Subscription

  • The BoatOn company offers a subscription method to the specific Service entitled “BoatOn Book”. Therefore, the Customer acknowledges that his subscription to the Service commits him to a mandatory payment, the amount of which depends on the type of subscription chosen, defined during the initial order (monthly or annual commitment).

  • The subscription to the subscription with monthly or annual commitment subscribes the subscriber to the Service until a party decides to terminate this contract. By accepting this offer, the subscriber accepts a monthly direct debit of an amount defined during the initial order. Thus, as long as the subscription continues, the subscriber will be debited each month or year and will have access to the Maintenance Book Service. 

  • The subscriber can put an end to his subscription at any time according to the methods provided for in the article relating to the unsubscription of these general conditions of use and sale. By subscribing, the subscriber declares to have read these general conditions of use and sale, to have understood them and to accept them without reservation in full knowledge of the facts. 

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• Unsubscribe

The subscriber can put an end to his subscription on his space "my account" or by simple request to the email address paul@boaton.fr. If the termination occurs after the direct debit, the order is deemed concluded for the month concerned, the subscriber cannot demand the cancellation of this order by arguing his request for termination. Unsubscribing will take effect at the end of the current commitment period.

The unsubscription can also result from the decision of the BoatOn company according to the methods provided for in the article relating to the deactivation of the customer account. In the event of unsubscription, a customer benefiting from a subscription at a lower price due to his seniority, will lose this privilege and will have to pay the current rate if he wishes to re-subscribe. 

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• Deactivation of customer account

In the event of non-compliance with the obligations arising from the acceptance of these general conditions of use and sale, incidents of payment of the price of an order, delivery of erroneous information when creating the account or acts likely to harm BoatOn's interests, BoatOn reserves the right to suspend access to the Maintenance Log service or, depending on the seriousness of the acts, to terminate the Customer's subscription and account. BoatOn also reserves the right to refuse to contract with a Customer who has been excluded or sanctioned for such actions.

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8. Obligations of the parties

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User Obligations

The User agrees to:

• use the Site and the Service in accordance with these T&Cs and the laws in force,

• provide truthful, lawful, objective information respecting the laws in force (in particular with regard to insults, incitement to hatred, racism, etc.),

• act in good faith when using the Service and the Site,

• refrain from any misuse of anyone's personal data and, in general, from any act likely to infringe the privacy or reputation of individuals, including protecting access to their User account in order to prevent its use by unauthorized third parties,

• not to enter into a rental or service contract with a User connected by the Site without paying the Service fees due to BoatOn.

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The Lessor User also agrees to:

• be the owner or have the right to rent the Parking offered for Rental on the Site,

• be insured for the Rental of the Parking for the benefit of the Owner,

• comply with the PLU and more generally with all applicable town planning rules, in particular to check the destination of the Parking before it is put up for Rental on the Site.

• comply with applicable safety rules (in particular fire prevention).

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The Lessee User also agrees to:

• occupy the Parking allocated to him without being able to lend it, transfer it or sublet it,

• not to leave his Boat or Vehicle parked or more generally to store anything on the release lanes or on the common passages,

• respect the regulations in force concerning garages and in particular refrain from carrying out any repair, washing, emptying or greasing work in the garage, from throwing oil or petrol into the sewers, from storing petrol or fatty or flammable materials unless otherwise specified,

• insure his Vehicle or any stored property (including in particular the trailer in the case of a boat) against theft, fire, as well as damage to third parties and all other risks resulting from the arrangement of the garage and waive any recourse that he could be entitled to exercise in the event of fire or explosion against the Lessor, theft of the Vehicle inside the garage, burglary, etc.,

• use the premises only to park a Vehicle, a Boat or store the goods provided. It may not proceed with any drilling in the wall, any demolition or any development without the express written consent of the Lessee,

• take the rented Parking in the condition it will be in on the day of the rental commitment without being able to demand any repairs of any kind whatsoever, and return it in good condition for rental repairs. He will suffer, without compensation, all work and repairs that the Lessor would have to undertake, regardless of the duration.

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BoatOn's obligations

BoatOn undertakes to do its best to:

• ensure the operation of the Site in accordance with article 12 below,

• respond to User requests relating to the Service as soon as possible,

 

 

9. Relations between individuals

 

In the event that the Lessor is an individual, the right of withdrawal is not applicable.

 

The contractual relationship between individuals is governed by the following provisions of the Civil Code relating to the law of obligations and civil liability:

 

Obligation rights

• https://www.legifrance.gouv.fr/affichCode.do?idArticle=LEGIARTI000032041314&idSectionTA=LEGISCTA000032009282&cidTexte=LEGITEXT000006070721&dateTexte=20180613

• https://www.legifrance.gouv.fr/affichCode.do?idSectionTA=LEGISCTA000032041417&cidTexte=LEGITEXT000006070721&dateTexte=20180613

The responsibility

• https://www.legifrance.gouv.fr/affichCode.do;jsessionid=BD52C8ED9A20959484E41FA8944E1F4E.tplgfr31s_2?idSectionTA=LEGISCTA000032041441&cidTexte=LEGITEXT000006070721&dateTexte=20180613

Rental contract:

• https://www.legifrance.gouv.fr/affichCode.do?idArticle=LEGIARTI000006442663&idSectionTA=LEGISCTA000006136386&cidTexte=LEGITEXT000006070721&dateTexte=20180621

• https://www.legifrance.gouv.fr/affichCode.do?idSectionTA=LEGISCTA000006136387&cidTexte=LEGITEXT000006070721&dateTexte=20180621

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10. Right of withdrawal

 

The Customer has a period of fourteen days to exercise his right of withdrawal, without having to justify his decision or to bear any costs other than those provided for in articles L.221-23 to L.221-25. 

The 14-day period runs from the day of the conclusion of the contract, namely the acceptance of the Service or the reservation of the Rental by the Customer.

 

If the Client wishes the performance of a Service to begin before the end of the withdrawal period, the professional collects his express request by any means.

 
The Customer who has exercised his right of withdrawal for a Service whose performance has begun, at his express request, before the end of the withdrawal period, pays the Service Provider an amount corresponding to the service provided until the communication of his decision to retract.

 

This amount is proportionate to the total price of the agreed Service. If the total price is excessive, the appropriate amount is calculated based on the market value of what was supplied. 

 

The right of withdrawal may not be exercised for Services fully executed before the end of the withdrawal period and whose execution has begun after the Client's express prior agreement and express waiver of his right of withdrawal.

 

The Service charges remain due to BoatOn insofar as the Service has already been performed, which is accepted by the Customer.

 

To exercise his right of withdrawal, the Customer must complete the withdrawal form communicated to him prior to the reservation of the Parking or the acceptance of the Service or send an email indicating his decision to withdraw unambiguously to the address following address: paul@boaton.fr.

 

The right of withdrawal is not applicable if the contract is concluded between individuals.

 

 

11. Cancellation of a Parking reservation

 

Without prejudice to the right of withdrawal referred to above, the cancellation conditions for Parking reserved through the BoatOn Service are as follows:

• Before the start of the Rental, the Rental Price is refunded in certain cases exhaustively listed below:

  • To benefit from a full refund of the Rental Price, the cancellation must take place fourteen full days before the local arrival time indicated on the advertisement (or 3:00 p.m. if it is not specified).

  • To benefit from a refund of 50% of the Rental Price, the cancellation must take place seven full days before the local arrival time indicated on the advertisement (or 3:00 p.m. if it is not specified). For example, if the arrival is scheduled for a Friday, you must cancel no later than the previous Friday before the arrival time indicated.

  • If the Tenant cancels less than seven days in advance, the Rental Price is not refunded.

• After the start of the Rental, the Rental ends in the following cases:

  • For Rentals of a fixed duration: the last day of the rental

  • For Rentals of an indefinite period, 2 cases must be distinguished:

    • In the event that the minimum Rental period has expired, the Rental may be canceled by either party subject to one month's notice.by sending an email to the address: paul@boaton.frfor any reason whatsoever.

    • In the event that the minimum rental period has not elapsed, the rental cannot be canceled except by amicable agreement between the parties.

  • For rentals of indefinite duration, it is specified that the cancellation will be effective on the last day of the rental period following the month in which the cancellation request is sent. For example, for a rental starting on December 5, 2020 and a cancellation request registered on February 20, 2021, the cancellation will be effective on April 4, 2021.

• The Service charges remain due to BoatOn insofar as the Service has already been performed, which is accepted by the Customer.

• If there is a complaint from the Owner or the Lessor, BoatOn must be notified within 24 hours of arrival on the premises by sending an email to the address: paul@boaton.fr. BoatOn will endeavor to help the parties find an amicable solution.

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A reservation is officially canceled at the request of the Renter sent via the BoatOn message service or by sending an email to the addresspaul@boaton.frfrom the moment BoatOn acknowledges receipt.

 

 

12. Availability of the Service and the Site

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BoatOn undertakes to make its best efforts to ensure that the Service and the Site are available 24 hours a day, 7 days a week, without interruption other than those required for the purposes of curative or evolutionary maintenance. The User's attention is specifically drawn to the fact that the Site and the Service are, like any computer application, susceptible to malfunctions, anomalies, errors or interruptions which may be due in particular to connection problems. Consequently, BoatOn does not guarantee the User that the Site and the Service will be permanently available. The User may in no case hold BoatOn liable for such malfunctions, anomalies, errors or interruptions, the occurrence of an event of force majeure having an impact on the Service, problems related to the Internet network or the network of the User's telephone operator, breakdowns or damage resulting from the equipment of the Users of the Service or even the contamination of their computer system by viruses, attacks and malicious acts by third parties, even in the event that these would have caused any harm whatsoever.

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13.Reresponsibility

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• Limitation of Liability

BoatOn reminds that it is not party to the contracts concluded between Users, and in particular not between Owners and Professionals. In the event of a claim, the User cannot under any circumstances hold BoatOn liable. BoatOn is not responsible for the management of delays or the possible management of disputes between Users. BoatOn is also not responsible for any disagreement between the Owner and the Professional regarding the payment of the Price of the Services.

 

• Liability disclaimers

In addition to the cases provided for in these T&Cs and in particular in the previous articles, BoatOn's liability is excluded in the following cases:

• non-compliant with the T&Cs or unlawful use of the Site and/or the Service by the User,

• unavailability of the Site and/or the Service in accordance with article 12 above,

• fraudulent intrusion by a third party into the Site and/or the Service,

• non-conformity of the state of the Boat or the Vehicle or the stored property with the description of the Owner,

• failure to comply with administrative and health formalities by the User. Furthermore, BoatOn cannot be held liable with regard to compliance by Users with their social and fiscal obligations according to their statutes and/or any obligation to advise Users in this regard.

• content error, inaccuracies and/or typographical errors provided by a Service Provider or a Client contained on the Site. Only Users are responsible for the content they add to the Site.

BoatOn's intervention is limited, within the framework of an obligation of means, to the provision of technical services to the User.

If a User demonstrates having suffered damage under the T&Cs, BoatOn's liability would be limited to compensation for the pecuniary consequences of direct and foreseeable damage resulting from the use of the Site, excluding any other indirect damage such as , in particular, operating losses resulting from the use of the Site.

 

• Hypertext links

The Site may include links to other websites or other Internet sources. BoatOn has no control over these Sites and these external sources. As a result, BoatOn cannot be held responsible for the availability of these Sites and external sources and declines all responsibility for the Content, advertising, products, Services and any other element available on them. In addition, BoatOn cannot be held liable for any damage or loss, proven or alleged, resulting from or in connection with access, use or the fact of having trusted the Content, goods or Services available on these Sites or external sources. BoatOn is only responsible for the hypertext links it creates. Any difficulty relating to a link that it has not created must be submitted to the administrator or webmaster of the Site in question.

 

 

14. Reporting obligations

 

The following electronic links are made available to Users to the sites of the administrations containing information relating to tax regimes and social regulations applicable to receipts and income from transactions carried out through the Site, reporting and payment obligations with the tax authorities and organizations for the collection of social security contributions resulting from the transaction and the penalties incurred in the event of breach of these obligations:

- on www.impots.gouv.fr, concerning tax obligations, link below:

https://www.impots.gouv.fr/portail/node/10841

- on www.securite-sociale.fr, concerning social obligations, link below:

http://www.securite-sociale.fr/Vos-droits-et-demarches-dans-le-cadre-des-activites-economiques-entre-particuliers-Article-87

 

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15. Notice

 

Users can issue reviews online. No consideration is provided in exchange for a notice. The maximum period for publication and retention of a notice is 10 years.

BoatOn provides Users with fair, clear and transparent information on the procedures for publishing and processing reviews on the Site, close to reviews.

These reviews are subject to review. The main characteristics of the control implemented at the time of their collection, moderation or dissemination are as follows:

• Opinions must not be used as a medium for the dissemination of content that contravenes morality, public order, the rights of others or applicable laws and regulations such as:

• defamatory and offensive comments or messages,

• systematic or non-objective criticism,

• content that is violent, pornographic, or likely to undermine respect for the human person,

• the usurpation of a name or company name,

• the total or partial resumption of content protected by an intellectual property right,

• propaganda, canvassing or proselytism, for professional, commercial or political purposes.

The ranking of reviews is chronological.

The date of the notice and its possible updates are indicated as well as the date of the consumer experience concerned by the notice.

If a notice has not been published, BoatOn will inform the Customer of the reasons justifying its rejection.

The Service Providers who are the subject of an online review may report to BoatOn any doubt about the authenticity of this review, provided that this report is justified by writing to:paul@boaton.fr.

BoatOn may contact the User author of the review by email.

No reviews will be modified by BoatOn.

 

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16. Force majeure

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BoatOn will not be liable in the event of force majeure. In particular, the following constitute cases of force majeure:

• natural disasters, fires, storms, floods, wars and acts of terrorism, internal company strikes, illness, power surges and electric shocks, failures of cooling systems and computer equipment, blockages and slowdowns in electronic communications networks and,

• more generally, any event that is unforeseeable and beyond the control of BoatOn and the Users.

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17. Suspension / Termination

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The User acknowledges that BoatOn is entitled to suspend access to the Service or terminate its contractual relationship with the User, within 15 (fifteen) days by sending an email or a simple letter to the User concerned:

• in the event of non-compliant or illicit use of the Service, in particular in the event of a payment problem,

• in the event of non-compliance with the T&Cs,

• in the event of particularly negative evaluations by other Users or non-compliance with good morals,

• in the event of cessation of operation of the Site and/or the Service by BoatOn.

 

In other cases, the User and BoatOn may terminate their contractual relationship subject to fifteen (15) days' notice, subject to the performance of the obligations relating to the Services and Rentals ordered on the date of the notification of the termination.

 

 

18. Confidentiality

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BoatOn undertakes to keep confidential any information collected during the transmission of the Problem. BoatOn undertakes to use the data obtained from the User only for the purpose of the Service, i.e. the communication of this information to the Service Providers wishing to respond to the Request in exchange for financial compensation paid to BoatOn.

 

 

19. Personal data

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Any processing of personal data within the framework of the present is subject to the provisions of our confidentiality policy, which forms an integral part of these GCS.  January 6, 1978 and its implementing decrees, the User has a right to access, modify, rectify and delete personal data concerning him, which can be exercised with paul@boaton.fr. After using the Service, the User may receive commercial offers from BoatOn. If the User no longer wishes, he may object at any time by sending an e-mail informing him of this atpaul@boaton.fror via the unsubscribe link inserted in the Newsletters.

 

 

20. Intellectual Property

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Any representation and/or reproduction and/or partial or total use of the Site, by any means whatsoever, without the express prior authorization of BoatOn is prohibited. The User is prohibited from duplicating, reproducing, copying, incorporating, integrating, reusing all or part of the Site.

All the information or documents contained on the Site are either the property of BoatOn, or are subject to a right of use, exploitation and reproduction for the benefit of BoatOn. BoatOn is the holder of the intellectual property rights relating to the Service and the Site, and in particular relating to the software elements, the ergonomics, the layout, the graphic elements and the design of the Site. The User is prohibited from infringing in any way whatsoever on the intellectual property rights held by BoatOn. These elements are subject to legislation protecting copyright. Consequently, no license, nor any other right except that of consulting the information, is conferred on anyone.

Any unauthorized use of the Site and the information disclosed therein would engage the responsibility of the User and would constitute an infringement punishable by articles L. 335-2 and following of the Intellectual Property Code.

The same applies to databases which are protected by the provisions of the law of July 1, 1998 transposing into the Intellectual Property Code European Directive 96/9/EC of March 11, 1996 on the legal protection of data base. As such, any reproduction or extraction would engage the responsibility of the User.

The BoatOn brand and logo are registered trademarks. No license is granted to the User. Any reproduction or total or partial representation of this brand and the logo, alone or integrated with other elements, without the express and prior authorization of BoatOn, is prohibited and would engage the responsibility of the User within the meaning of articles L. 713 -2 and L. 713-3 of the Intellectual Property Code.

 

 

21. Contents

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Users are solely responsible for the Content they insert on the Site.

The User who puts content on the Site guarantees that he is the owner of the content he publishes on the Site and that the publication of the content does not violate any law or right of third parties, in particular concerning public order, the right to privacy, copyright or image rights. The User guarantees BoatOn peaceful enjoyment of the rights attached to the content inserted in accordance with the T&Cs.

 

Each User grants free of charge a non-exclusive license for the legal duration of exploitation of the rights applicable to the content, for the whole world, relating to the following rights: right to use, reproduce, represent, distribute, modify , to adapt, to transmit, to communicate to the public, in whole or in part, the content as well as the comments, associated or not; for the following uses: posting and distribution on the Internet, mobile telephone networks, in particular on the Site, on social networks and video hosting and sharing sites, use on all media and in the context of promotional and communication activity, use for market research.

 

The User guarantees BoatOn against any dispute of which an intellectual or industrial property right could be the object, resulting from the use of the Site by the User, more particularly, from the provision of Content on the Site by the User.

BoatOn reserves the right to ensure the defense and control of any dispute likely to be, pursuant to this clause, indemnified by the User.

The User undertakes to indemnify BoatOn for any prejudice that it may suffer and to reimburse it for damages and interest, costs, in particular advice, that it may have incurred in this respect.

 

 

22. Messaging

 

Users have access to the BoatOn Messaging.

BoatOn has access to all the Content inserted on the Messaging or more generally on the Site. BoatOn may act as a moderator on the Site. As such, BoatOn may (i) delete any Content that BoatOn considers inappropriate because it does not comply with the T&Cs, in particular Article 21 and (ii) use the messages sent via the BoatOn Messaging to settle a dispute between Users or between a User and BoatOn, which is expressly authorized by the Users.

The fact of attempting to propose the conclusion of a contract between Users without paying for BoatOn's Services will be expressly considered as Content that can be deleted from the BoatOn Messaging.

 

 

23. Autonomy of clauses and severability

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If one or more stipulations of the T&Cs were declared void pursuant to a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope, to the extent permitted by that decision. In addition, the fact for a party not to avail itself of a breach by the other party of any of the provisions of the T&Cs cannot be interpreted as a waiver on its part to avail itself in the future of such a failure.

 

 

24. Cookies

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When accessing the Site, a connection cookie (or "local storage" or "cookies") may be automatically installed and temporarily stored in memory or on the User's hard drive, in order to facilitate navigation on the Site. Connection cookies are used to record information relating to the use of the Site (such as the pages consulted, the date and time of access, etc.). Users have the right to oppose the recording of connection cookies by configuring the parameters of their browser. However, this operation will lead to the deletion of all connection cookies used by the browser, including those used by other websites, which may lead to the alteration or loss of certain settings or information. The deletion of cookies may be likely to modify, or even make it difficult for the User to navigate on the Site. On this point, see the advice on modifying these options according to the browser used, accessible in the “your tracks” section of the CNIL website:www.cnil.fr.

 

 

25. Disputes

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Unless otherwise provided, the applicable law is French law.

In the event of a dispute arising from the interpretation or execution of the T&Cs, the User and BoatOn agree to attempt, prior to any legal action, to reach an amicable agreement.

 

If a dispute arises between a Service Provider or Lessor and a Customer, BoatOn, the User concerned will send a notification to BoatOn at the following address: 80 rue de Saint Genès, 33000 Bordeaux. BoatOn will endeavor to try to find an amicable solution that satisfies both parties.

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If the dispute concerns a Professional Service Provider with BoatOn, the Commercial Court of Bordeaux will have jurisdiction.