Provider Agreement
PROVIDER AGREEMENT
This Provider Agreement ("Agreement") is entered into by and between Book My Boat LLC ("Book My Boat," "Company," "we," "our," or "us") and the vessel owner, operator, manager, fleet representative, or other authorized provider ("Provider," "Owner," or "you").
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Provider agrees to be legally bound by the terms and conditions of this Agreement, together with Book My Boat's Terms and Conditions, Privacy Policy, Cookie Policy, and any other policies published by Book My Boat from time to time (collectively, the "Company Policies"), all of which are incorporated herein by reference.
By signing this Agreement, creating a Provider account, submitting a vessel listing, accepting reservations through Book My Boat, or otherwise using our Services, the Provider acknowledges that they have read, understood, and agreed to be bound by this Agreement.
Relationship Between the Parties
Book My Boat is an independent yacht brokerage and reservation platform that markets, advertises, promotes, and facilitates reservations between Customers and independent vessel Providers.
Book My Boat is not the owner, operator, charter company, captain, manager, employer, joint venturer, or partner of the Provider.
Nothing contained in this Agreement shall be construed as creating any partnership, joint venture, franchise, agency, fiduciary, employment, or other similar relationship between the Parties.
The Provider remains solely responsible for the ownership, operation, maintenance, legal compliance, insurance, safety, crew, licensing, and overall condition of the vessel and for the services provided to Customers.
Book My Boat acts solely as an independent intermediary and booking facilitator.
Purpose of this Agreement
This Agreement governs the Provider's participation in the Book My Boat platform and establishes the rights and responsibilities of both Parties with respect to:
- vessel listings;
- reservations;
- marketing and advertising;
- commission structure;
- payment processing;
- operational procedures;
- customer communications;
- legal compliance;
- cancellations;
- dispute resolution; and
- all other services provided by Book My Boat.
Book My Boat reserves the right to modify this Agreement from time to time by posting an updated version on its website or otherwise providing notice to the Provider. Continued participation in the Services following such modifications constitutes acceptance of the revised Agreement.
Order of Precedence
This Agreement shall be read together with Book My Boat's Terms and Conditions, Privacy Policy, Cookie Policy, SMS & WhatsApp Messaging Terms, Accessibility Statement, and any other applicable Company Policies.
In the event of any conflict between this Agreement and any other Company Policy, the provisions of this Agreement shall control with respect to the relationship between Book My Boat and the Provider.
Acceptance of this Agreement
The Provider accepts this Agreement by:
- signing this Agreement;
- electronically accepting its terms;
- creating or maintaining a Provider account;
- submitting a vessel listing;
- accepting reservations through Book My Boat; or
- otherwise using any Services provided by Book My Boat.
Such actions constitute the Provider's full acceptance of all terms contained in this Agreement.
Website Availability and Provider Content
Book My Boat will use commercially reasonable efforts to maintain the availability and functionality of its website and booking platform. However, Book My Boat does not guarantee uninterrupted access and shall not be liable for temporary interruptions caused by maintenance, technical failures, third-party service providers, cybersecurity events, force majeure, or other circumstances beyond its reasonable control.
The Provider grants Book My Boat a worldwide, non-exclusive, royalty-free license to use, reproduce, edit, modify, translate, resize, enhance, distribute, publish, advertise, and display any photographs, videos, descriptions, logos, pricing information, specifications, promotional materials, or other content supplied by the Provider in connection with the marketing, promotion, and sale of the Provider's vessel(s).
The Provider represents and warrants that all information submitted to Book My Boat is accurate, complete, current, and that the Provider has all necessary rights and authority to grant Book My Boat the rights described in this Agreement.
Book My Boat may edit, improve, optimize, translate, enhance, rewrite, or otherwise modify listing content, photographs, pricing presentations, and marketing materials for advertising, branding, search engine optimization (SEO), artificial intelligence applications, social media, paid advertising, online travel agencies, affiliate networks, and any other marketing channel without obtaining additional approval from the Provider.
The Provider remains solely responsible for ensuring that all vessel information, specifications, licensing, certifications, insurance, legal compliance, pricing information provided to Book My Boat, and operational details remain accurate and current.
Book My Boat reserves the right, at its sole discretion and without prior notice, to suspend, reject, modify, deactivate, or permanently remove any listing or terminate a Provider's participation in the platform if it believes such action is necessary to protect Customers, comply with applicable law, maintain platform integrity, or protect the interests of Book My Boat.
Intellectual Property License
The Provider retains ownership of all original photographs, videos, logos, trademarks, vessel descriptions, specifications, promotional materials, and other content ("Provider Content") submitted to Book My Boat.
By submitting, uploading, delivering, or otherwise making Provider Content available to Book My Boat, the Provider grants Book My Boat a worldwide, irrevocable, perpetual, transferable, sublicensable, royalty-free, non-exclusive license to:
- use;
- reproduce;
- copy;
- edit;
- modify;
- enhance;
- resize;
- crop;
- translate;
- publish;
- distribute;
- display;
- perform;
- advertise;
- market;
- create derivative works from;
- combine with other materials;
- generate artificial intelligence (AI) enhancements or derivative content;
- use for search engine optimization (SEO);
- use in paid advertising campaigns;
- use in social media marketing;
- use in email marketing;
- use in printed materials;
- use in video productions;
- use on third-party marketplaces;
- use on affiliate platforms; and
- otherwise use the Provider Content in any media, format, technology, or communication channel now existing or later developed.
This license includes the right for Book My Boat to publish Provider Content on its own websites, mobile applications, social media platforms, online travel agencies, booking marketplaces, affiliate websites, advertising platforms, search engines, and any other marketing or promotional channels used by Book My Boat.
The Provider further authorizes Book My Boat to use the Provider's business name, vessel name, logos, trademarks, and promotional materials solely for purposes related to advertising, marketing, promoting, and facilitating reservations.
The Provider represents and warrants that:
- it owns or has all necessary rights to the Provider Content;
- the Provider Content does not infringe any copyright, trademark, privacy, publicity, or other intellectual property rights;
- Book My Boat's use of the Provider Content as authorized herein will not violate the rights of any third party; and
- any individuals appearing in photographs or videos have provided any permissions required by applicable law.
The Provider agrees to indemnify, defend, and hold harmless Book My Boat from any claim arising from Book My Boat's authorized use of the Provider Content.
Book My Boat shall retain ownership of all marketing materials, edited photographs, enhanced images, AI-generated content, advertising campaigns, promotional videos, listing designs, graphics, written descriptions, SEO content, branding materials, and other derivative works created by or for Book My Boat using the Provider Content.
Nothing in this Agreement transfers ownership of Book My Boat's trademarks, branding, advertising materials, website content, software, or other intellectual property to the Provider.
Copyright and DMCA Policy
Book My Boat respects the intellectual property rights of others and expects all Providers to do the same.
Providers shall not upload or submit any photographs, videos, logos, descriptions, graphics, music, trademarks, or other materials unless they own the applicable rights or have obtained all necessary permissions to authorize Book My Boat's use of such materials.
If Book My Boat receives a good-faith claim that any content infringes the intellectual property rights of another person or entity, Book My Boat may, in its sole discretion and without prior notice:
- remove the challenged content;
- suspend or deactivate the related listing;
- request additional documentation from the Provider;
- suspend or terminate the Provider's account; or
- take any other action reasonably necessary to comply with applicable law.
If you believe that material appearing on Book My Boat's Services infringes your copyright or other intellectual property rights, please submit a written notice containing:
- identification of the copyrighted work claimed to have been infringed;
- identification of the material alleged to be infringing;
- sufficient information to allow Book My Boat to locate the material;
- your name, address, telephone number, and email address;
- a statement that you have a good-faith belief that the disputed use is not authorized by the rights holder, its agent, or applicable law;
- a statement, under penalty of perjury, that the information contained in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner; and
- your physical or electronic signature.
DMCA notices should be submitted to:
Book My Boat
Email: support@bookmyboat.net
Book My Boat reserves the right to investigate all claims and to remove, restrict, or restore content at its sole discretion in accordance with applicable law.
DMCA Notice of Claimed Copyright Infringement
If you believe that any content appearing on the Book My Boat website, platform, or Services infringes your copyright or other intellectual property rights, you may submit a written notice requesting the removal or disabling of access to the allegedly infringing material.
To be effective, your notice should include the following information:
- A description or identification of the copyrighted work or other intellectual property that you believe has been infringed.
- Identification of the material claimed to be infringing, including sufficient information for Book My Boat to locate the material, such as the webpage URL, listing, image, video, advertisement, or other content where it appears.
- Your full legal name, mailing address, telephone number, and email address.
- A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its authorized agent, or applicable law.
- A statement, made under penalty of perjury, that the information contained in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of the exclusive rights allegedly infringed.
- Your physical or electronic signature.
DMCA notices should be submitted to:
Book My Boat
Copyright Agent
Email: support@bookmyboat.net
Upon receipt of a substantially complete notice, Book My Boat may investigate the claim and, in its sole discretion, remove, disable access to, restrict, or restore the challenged material, request additional documentation from the parties, or take any other action permitted by applicable law.
Submitting knowingly false, misleading, or fraudulent copyright claims may subject the submitting party to liability under applicable law.
Ownership of Marketing Materials
Unless otherwise expressly agreed in writing, all marketing materials, advertising campaigns, listing designs, promotional videos, edited photographs, enhanced images, graphics, written descriptions, search engine optimization (SEO) content, artificial intelligence (AI) generated or AI-enhanced content, website layouts, digital advertisements, social media content, brochures, email campaigns, and other promotional materials created, commissioned, edited, or paid for by Book My Boat shall remain the exclusive property of Book My Boat.
The Provider shall acquire no ownership interest in such derivative works or marketing materials solely because they relate to the Provider's vessel.
Nothing contained in this Agreement limits Book My Boat's continuing right to use such marketing materials for advertising, portfolio, promotional, historical, archival, educational, or other lawful business purposes, even after this Agreement has terminated, provided that such use does not falsely imply that the Provider continues to participate in the Book My Boat platform.
Provider Obligations
Registration and Provider Account
Before offering any vessel through the Book My Boat platform, the Provider must create and maintain an active Provider account and complete all registration, verification, onboarding, and compliance requirements established by Book My Boat.
The Provider is responsible for maintaining accurate, complete, and up-to-date account information at all times.
Book My Boat reserves the right to request additional documentation, certifications, licenses, insurance information, vessel documentation, or identity verification at any time.
---
Listings and Provider Content
Providers are responsible for maintaining accurate information regarding their vessel(s), including but not limited to:
- vessel specifications;
- amenities;
- photographs;
- pricing;
- availability;
- operating restrictions;
- pickup locations;
- cancellation requirements; and
- any other listing information.
Providers may upload, edit, or update listing content through their Provider account.
Notwithstanding the foregoing, Book My Boat reserves the right, at its sole discretion, to review, edit, improve, optimize, translate, reorganize, supplement, or modify any listing, photographs, pricing presentation, descriptions, titles, amenities, promotional content, or other information for purposes including marketing, branding, customer experience, legal compliance, search engine optimization (SEO), artificial intelligence (AI) enhancement, advertising, or operational consistency.
Book My Boat may also temporarily modify pricing, apply promotions, discounts, featured listings, special offers, or marketing campaigns after consulting with the Provider or as otherwise authorized under this Agreement.
---
Customer Communications and Reservations
Although Providers maintain their own listings and Provider accounts, Book My Boat serves as the primary customer-facing reservation platform.
Book My Boat may receive and respond to customer inquiries, negotiate reservation details, process payments, coordinate bookings, communicate with Customers before and after reservations, collect required documentation, coordinate operational logistics, and provide customer support on behalf of the Provider.
Nothing in this Agreement limits Book My Boat's authority to communicate directly with Customers regarding reservations facilitated through the platform.
---
Compliance with Laws
The Provider is solely responsible for complying with all applicable federal, state, local, maritime, and international laws, regulations, licensing requirements, safety standards, and governmental requirements relating to:
- vessel ownership;
- vessel operation;
- bareboat charter regulations;
- U.S. Coast Guard requirements;
- insurance;
- vessel inspections;
- captain qualifications;
- passenger safety;
- taxes;
- permits;
- environmental regulations;
- employment laws applicable to crew members; and
- any other legal obligations applicable to the Provider's operations.
Participation on the Book My Boat platform does not relieve the Provider of any legal responsibility.
---
Vessel Condition and Operational Responsibilities
The Provider is solely responsible for ensuring that each vessel offered through Book My Boat:
- is safe and seaworthy;
- is properly maintained;
- complies with all applicable inspection requirements;
- carries all legally required safety equipment;
- maintains all required insurance coverage;
- is operated by properly licensed and qualified personnel when applicable; and
- complies with all applicable laws and regulations.
The Provider further agrees to properly train captains and crew members and to ensure that Customers receive all required operational and safety instructions before departure.
---
Weather Cancellation Policy
The safety of passengers, crew members, and vessels shall always be the highest priority.
The Provider has primary responsibility for determining whether weather conditions permit the safe operation of a scheduled charter.
Such determinations should be based upon reasonable judgment, marine forecasts, local conditions, vessel capabilities, and applicable safety advisories.
If unsafe weather conditions exist, the Provider shall promptly notify Book My Boat so that Customers may be informed as early as reasonably possible.
Whenever feasible, the Provider should first attempt to reschedule the reservation before recommending cancellation.
Book My Boat will work with both the Provider and the Customer to coordinate rescheduling or refunds in accordance with the applicable cancellation policies.
Weather cancellations must be made in good faith and based upon legitimate safety concerns.
Book My Boat reserves the right to review repeated weather-related cancellations and may request supporting information, including publicly available marine forecasts or weather advisories, if abuse of this policy is reasonably suspected.
Providers shall not use weather conditions as a pretext to avoid reservations, accommodate scheduling conflicts, obtain higher-paying reservations, or otherwise circumvent their obligations under this Agreement.
Legitimate weather cancellations communicated promptly and supported by reasonable safety concerns shall not result in penalties by Book My Boat.
If the Provider determines that weather conditions are safe and the Customer nevertheless elects not to proceed, the applicable Customer Cancellation Policy shall govern any refund or credit.
Subscription Plans, Platform Fees, and Commission
Provider Subscription Plans
Participation in the Book My Boat platform requires an active Provider subscription unless otherwise approved in writing by Book My Boat.
Subscription plans determine the number of vessels, tours, platform features, marketing benefits, and search ranking available to each Provider.
Book My Boat currently offers the following subscription plans:
Free Plan
- Up to 1 Vessel
- Up to 10 Tours
- Monthly subscription at no cost
- Platform Weight Score: 0.10
Basic Plan
- $99 USD per month
- Up to 2 Vessels
- Up to 10 Tours
- Platform Weight Score: 0.30
Premium Plan
- $299 USD per month
- Up to 6 Vessels
- Up to 12 Tours
- Platform Weight Score: 0.50
Elite Plan
- $499 USD per month
- Up to 10 Vessels
- Up to 30 Tours
- Platform Weight Score: 0.80
Pro Plan
- $799 USD per month
- Up to 20 Vessels
- Up to 50 Tours
- Platform Weight Score: 0.90
---
Platform Weight Score
Each subscription includes a Platform Weight Score, which is an internal ranking metric used by Book My Boat to determine the visibility and promotional priority of vessel listings throughout the platform.
A higher Platform Weight Score may result in increased visibility, including but not limited to:
- higher placement in search results;
- greater exposure on category pages;
- increased opportunities to appear in featured listings;
- priority consideration for promotional campaigns;
- improved visibility throughout the Book My Boat marketplace; and
- enhanced marketing opportunities.
The Platform Weight Score is only one of several factors considered by Book My Boat's proprietary ranking system.
Other factors may include, without limitation:
- customer reviews;
- booking conversion rates;
- response times;
- reservation acceptance rate;
- cancellation history;
- vessel quality;
- listing completeness;
- pricing competitiveness;
- customer satisfaction;
- operational performance; and
- overall platform activity.
Book My Boat reserves the right to modify its ranking algorithms, Weight Scores, subscription benefits, or promotional criteria at any time without prior notice.
---
Subscription Fees
Subscription fees are billed in advance on a recurring monthly basis unless otherwise agreed in writing.
Subscription fees are non-refundable except where required by applicable law or expressly approved by Book My Boat.
Failure to maintain an active subscription may result in suspension of listings, reduced platform visibility, restriction of platform features, or termination of the Provider's participation in the Services.
Book My Boat reserves the right to modify subscription pricing, plan features, Weight Scores, or platform benefits at any time. Any changes will apply prospectively after reasonable notice to the Provider.
---
Booking Commission
In addition to the monthly subscription, Book My Boat earns a commission for reservations successfully facilitated through the platform.
The applicable commission percentage shall be determined by the separate commercial agreement between Book My Boat and the Provider and may vary depending upon factors including:
- vessel type;
- vessel value;
- booking volume;
- geographic location;
- marketing investment;
- advertising costs;
- distribution channels;
- exclusivity arrangements; and
- other commercial considerations.
Unless otherwise agreed in writing, Book My Boat shall deduct the applicable commission before disbursing reservation proceeds to the Provider.
Commission percentages are confidential and form part of the commercial relationship between Book My Boat and each individual Provider.
---
Right to Modify Plans
Book My Boat reserves the right to introduce new subscription plans, discontinue existing plans, modify pricing, features, Weight Scores, listing limits, promotional benefits, commission structures, or other platform services at any time.
Whenever reasonably practicable, Providers will receive advance notice of material changes before such changes become effective.
Customer Communications and Off-Platform Transactions
Exclusive Booking Platform
All reservations generated through Book My Boat, including inquiries, quotations, bookings, repeat customers originating from the platform, and any related transactions, are considered customers of the Book My Boat platform.
Providers acknowledge that Book My Boat invests substantial resources in advertising, search engine optimization (SEO), digital marketing, customer acquisition, customer service, payment processing, and reservation management to generate these booking opportunities.
Accordingly, Providers agree that they shall not, directly or indirectly, encourage, solicit, request, or accept payments outside of the Book My Boat platform for any reservation that originated through Book My Boat, unless expressly authorized in writing by Book My Boat.
Any attempt to bypass the Book My Boat platform in order to avoid commissions, subscription fees, or other contractual obligations shall constitute a material breach of this Agreement and may result in immediate suspension or termination of the Provider's account, forfeiture of unpaid earnings, legal action, and any other remedies available under applicable law.
---
Customer Information
Book My Boat may share Customer contact information with Providers solely to facilitate confirmed reservations and the operation of the booked charter.
Providers may use Customer information only for purposes directly related to:
- coordinating the reservation;
- communicating operational information;
- providing the booked charter;
- complying with legal or safety requirements; or
- fulfilling obligations arising from the reservation.
Customer information shall not be used for unrelated commercial purposes without the Customer's prior written consent.
Providers agree to maintain all Customer information confidential and to implement reasonable administrative, technical, and physical safeguards to protect such information against unauthorized access, disclosure, misuse, or loss.
---
Marketing Communications
Providers shall not add Customers obtained through Book My Boat to email lists, SMS campaigns, WhatsApp broadcasts, newsletters, CRM systems, marketing databases, or any other promotional or advertising platform without the Customer's prior express consent as required by applicable law.
Nothing in this Agreement prohibits Providers from communicating with Customers regarding an active or completed reservation when reasonably necessary to provide the requested services.
---
Protection of Customer Relationships
Providers acknowledge that Customers introduced through Book My Boat represent valuable business relationships developed through Book My Boat's marketing efforts and business investments.
Except with Book My Boat's prior written authorization, Providers shall not knowingly solicit or encourage Customers introduced by Book My Boat to make future reservations outside of the Book My Boat platform for the purpose of avoiding commissions, subscription fees, or other contractual obligations.
This restriction applies to communications made during a reservation, after completion of a reservation, or through any other direct or indirect means.
---
No Spam
Book My Boat maintains a strict anti-spam policy.
Providers shall not send unsolicited commercial emails, text messages, telephone solicitations, social media messages, WhatsApp broadcasts, or other promotional communications to Customers obtained through the Book My Boat platform unless the Customer has provided the legally required consent.
Providers are solely responsible for complying with all applicable privacy, marketing, electronic communications, anti-spam, and consumer protection laws.
---
Data Protection
Providers shall exercise at least the same degree of care in protecting Customer information as they use to protect their own confidential business information, and in no event less than a commercially reasonable standard of care.
Providers assume full responsibility for any unauthorized use, disclosure, misuse, loss, or transfer of Customer information resulting from their acts or omissions.
---
Non-Circumvention
During the term of this Agreement and for a period of twelve (12) months following its termination or expiration, the Provider shall not, directly or indirectly, solicit, accept, negotiate, contract with, or provide services to any Customer introduced, referred, or generated by Book My Boat outside of the Book My Boat platform for the purpose of circumventing Book My Boat or avoiding the payment of commissions, subscription fees, service fees, or any other amounts due under this Agreement, unless expressly authorized in writing by Book My Boat.
Any violation of this provision shall constitute a material breach of this Agreement and shall entitle Book My Boat to pursue all remedies available under applicable law, including injunctive relief, recovery of lost commissions, damages, attorneys' fees, court costs, and immediate termination of the Provider's account and access to the Services.
Listing Content, Platform Standards, and Indemnification
Listing Content and Platform Standards
The Provider is solely responsible for ensuring that all information, photographs, videos, pricing, availability, vessel specifications, amenities, descriptions, licenses, certifications, insurance information, and all other content submitted to Book My Boat (collectively, the "Listing Content") is accurate, complete, current, and lawful.
Book My Boat reserves the right, but not the obligation, to review, edit, improve, translate, optimize, reformat, enhance, reorganize, shorten, expand, or otherwise modify any Listing Content for purposes including, but not limited to:
- search engine optimization (SEO);
- artificial intelligence (AI) enhancements;
- marketing and advertising;
- branding consistency;
- customer experience;
- legal compliance;
- formatting requirements;
- platform standards; and
- publication across third-party distribution channels.
Book My Boat may also determine the placement, visibility, categorization, featured status, promotional priority, and overall presentation of any listing at its sole discretion.
The Provider acknowledges that Book My Boat is under no obligation to review or verify the accuracy of any Listing Content and shall not be liable for any errors, omissions, inaccuracies, formatting changes, marketing modifications, search rankings, promotional placement, or other changes made to a listing.
The Provider remains solely responsible for reviewing and updating Listing Content whenever necessary to ensure its continued accuracy.
Book My Boat reserves the right to suspend, reject, remove, deactivate, or modify any listing that, in its sole discretion, violates this Agreement, applicable law, platform policies, or may negatively affect the reputation, security, or operation of the Book My Boat platform.
---
Indemnification
The Provider agrees to defend, indemnify, and hold harmless Book My Boat, its owners, officers, directors, employees, contractors, affiliates, agents, successors, and assigns from and against any and all claims, demands, actions, liabilities, damages, judgments, settlements, fines, penalties, losses, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or relating to:
- any breach of this Agreement by the Provider;
- any inaccurate, misleading, incomplete, or unlawful Listing Content submitted by the Provider;
- any violation of applicable federal, state, local, maritime, or international laws or regulations;
- the ownership, maintenance, condition, operation, inspection, licensing, or seaworthiness of the Provider's vessel(s);
- injuries, death, property damage, or accidents occurring during or related to a charter;
- the acts or omissions of the Provider, its captains, crew members, employees, contractors, or representatives;
- any claim alleging infringement of copyrights, trademarks, publicity rights, privacy rights, or other intellectual property arising from materials supplied by the Provider;
- any tax obligations, governmental fees, permits, licenses, or regulatory obligations for which the Provider is responsible;
- any fraud, misrepresentation, negligence, gross negligence, willful misconduct, or unlawful acts committed by the Provider; and
- any dispute between the Provider and a Customer, captain, crew member, governmental authority, insurer, or any other third party.
The obligations contained in this Section shall survive the expiration or termination of this Agreement.
The Provider acknowledges that Book My Boat acts solely as an independent booking intermediary and marketing platform and assumes no responsibility for the operation, navigation, safety, maintenance, crew, condition, or legal compliance of any vessel listed on the platform.
Pricing Policy
Base Pricing
Each Provider is responsible for establishing and maintaining the base rental price for each vessel listed on the Book My Boat platform.
The Provider represents and warrants that all pricing, availability, vessel specifications, and operational information submitted to Book My Boat are accurate, current, and reflect the Provider's intended base rates.
Providers shall promptly update any pricing changes through their Provider account or otherwise notify Book My Boat.
---
Book My Boat Pricing Authority
The Provider acknowledges that Book My Boat operates as an independent marketing, brokerage, and reservation platform.
Accordingly, Book My Boat reserves the right, at its sole discretion, to determine the final retail price presented to Customers.
Without limiting the foregoing, Book My Boat may:
- apply markups;
- apply discounts;
- create promotional pricing;
- issue coupons or promotional codes;
- participate in seasonal sales;
- offer loyalty rewards;
- bundle services;
- adjust pricing based on market demand;
- participate in affiliate programs;
- advertise different public prices across various marketing channels;
- create special offers for selected Customers; and
- implement any other pricing or marketing strategy considered appropriate by Book My Boat.
Unless otherwise agreed in writing, such adjustments shall not modify the Provider's agreed payout.
---
Third-Party Fees
Captain fees, crew fees, fuel charges, marina fees, docking fees, gratuities, taxes, and any other third-party operational expenses shall be disclosed separately whenever applicable.
The Provider agrees to promptly notify Book My Boat of any changes affecting these operational costs.
Book My Boat reserves the right to present such charges separately from the vessel rental price whenever required by law, operational necessity, or business practice.
---
Pricing Accuracy
Providers shall ensure that all pricing information submitted to Book My Boat is truthful, accurate, complete, and not misleading.
Providers shall not intentionally submit inaccurate pricing, hidden charges, misleading promotional offers, or false representations regarding the cost of their services.
Any mandatory operational fee known at the time of listing must be accurately disclosed to Book My Boat.
---
Compliance with Pricing Laws
Providers remain solely responsible for complying with all applicable pricing, advertising, consumer protection, tax, and disclosure laws applicable to their operations.
Book My Boat reserves the right to modify, reject, suspend, or remove any listing that it reasonably believes violates applicable pricing regulations or platform policies.
---
Pricing Changes After Booking
Once a reservation has been confirmed, Providers shall not increase the agreed vessel price unless:
- the Customer expressly agrees in writing;
- the modification results from Customer-requested changes; or
- extraordinary circumstances exist and are approved by Book My Boat.
Unauthorized price increases after confirmation are strictly prohibited.
---
Consequences of Non-Compliance
Failure to comply with this Pricing Policy may result in one or more of the following actions, at Book My Boat's sole discretion:
- correction of listing prices;
- temporary suspension of one or more listings;
- reduced search visibility;
- removal from promotional campaigns;
- loss of subscription benefits;
- reduction of Platform Weight Score;
- termination of Featured or Preferred Provider status;
- suspension or termination of the Provider account; and
- any other action reasonably necessary to protect Customers or the integrity of the Book My Boat platform.
The Provider agrees that the base price offered to Book My Boat shall be equal to or better than the base price offered to any other broker, marketplace, travel agency, affiliate, reseller, or booking platform for substantially similar services. If the Provider offers a lower base rate through another sales channel, Book My Boat reserves the right to adjust its pricing, request reimbursement for any resulting loss, suspend the listing, or terminate this Agreement.
Provider Availability and Cancellation Policy
Availability Management
Providers are responsible for maintaining an accurate and up-to-date availability calendar for each vessel listed on the Book My Boat platform.
Providers shall promptly update their calendars whenever a vessel becomes unavailable due to:
- private use;
- maintenance or repairs;
- mechanical issues;
- regulatory inspections;
- charter commitments outside the platform; or
- any other circumstance affecting availability.
Maintaining accurate availability helps prevent double bookings, unnecessary cancellations, and disruptions to the customer experience.
---
Honoring Confirmed Reservations
Once a reservation has been confirmed through Book My Boat, the Provider is expected to honor the reservation in accordance with this Agreement.
Confirmed reservations may only be canceled when justified by legitimate circumstances, including but not limited to:
- unsafe weather conditions;
- mechanical failures affecting vessel safety;
- emergency maintenance;
- governmental restrictions;
- force majeure events;
- serious illness or incapacity; or
- other circumstances approved by Book My Boat.
Whenever reasonably possible, Providers should first attempt to reschedule the reservation before cancellation.
---
Peak Season Availability
Providers are expected to exercise additional care in maintaining accurate calendars during weekends, holidays, special events, and peak boating seasons.
Failure to properly manage availability during high-demand periods may negatively impact customer satisfaction and the Provider's standing on the platform.
---
Provider Cancellation Policy
Provider-initiated cancellations should be extremely rare.
Except in cases involving safety concerns, force majeure, or circumstances beyond the Provider's reasonable control, Providers are expected to fulfill all confirmed reservations.
Book My Boat reserves the right to determine whether a cancellation was reasonably justified based upon the information available.
Repeated cancellations, unreliable availability, or poor reservation management may negatively affect the Provider's account.
---
Reservation Errors
If a Customer makes an obvious booking error, such as selecting the incorrect date or time, Book My Boat may, at its sole discretion, authorize a correction, rescheduling, or refund when the request is made promptly and before significant operational expenses have been incurred.
Each situation will be evaluated individually.
---
Communication Requirements
If a Provider becomes aware of any circumstance that may affect a confirmed reservation, the Provider shall immediately notify Book My Boat.
Providers shall not communicate cancellations directly to Customers without first coordinating with Book My Boat, except in emergencies where immediate communication is necessary for safety.
Book My Boat will coordinate all customer communications, rescheduling efforts, refunds, and alternative arrangements whenever reasonably possible.
---
Substitute Vessels
When operationally feasible, Book My Boat may offer Customers a comparable substitute vessel available on the platform.
Providers agree to reasonably cooperate with Book My Boat in identifying suitable replacement vessels whenever necessary.
Nothing in this Agreement guarantees that a substitute vessel will be available.
---
Platform Performance
Provider reliability is an important component of the Book My Boat platform.
Book My Boat may consider factors including:
- calendar accuracy;
- booking acceptance;
- cancellation history;
- operational reliability;
- customer satisfaction;
- responsiveness; and
- overall performance
when determining listing visibility, promotional opportunities, Platform Weight Score, subscription benefits, featured placement, preferred provider status, and other internal ranking factors.
---
Consequences of Non-Compliance
Failure to comply with this Policy may result, at Book My Boat's sole discretion, in one or more of the following:
- written warnings;
- temporary suspension of one or more listings;
- reduced search visibility;
- reduction of Platform Weight Score;
- removal from featured or promotional placements;
- suspension of subscription benefits;
- financial responsibility for losses caused by avoidable cancellations;
- temporary suspension of the Provider account; or
- permanent termination of this Agreement.
Book My Boat reserves the right to evaluate each situation individually, taking into consideration the Provider's history, the reason for the cancellation, operational circumstances, customer impact, and any supporting documentation provided.
If a Provider cancels a confirmed reservation without a justified reason and Book My Boat is required to secure a replacement vessel at a higher cost in order to honor the Customer's reservation, the Provider agrees to reimburse Book My Boat for the difference in cost, together with any additional reasonable expenses incurred as a direct result of the cancellation.
Taxes
Provider Tax Responsibilities
Each Provider is solely responsible for determining, reporting, collecting (when applicable), and remitting all federal, state, local, international, sales, use, income, value-added (VAT), tourism, charter, marina, or other taxes, duties, fees, or governmental assessments arising from the ownership, operation, rental, or charter of the Provider's vessel(s), except to the extent Book My Boat is expressly required by applicable law to collect and remit such taxes.
Nothing in this Agreement shall be construed as creating any tax agency, partnership, or fiduciary relationship between Book My Boat and the Provider.
Providers are solely responsible for consulting their own tax, legal, and accounting advisors regarding their tax obligations.
---
Taxes Collected by Book My Boat
Where required by applicable law, Book My Boat may collect, withhold, report, and remit certain taxes on behalf of the Provider.
To the extent Book My Boat collects and remits any applicable taxes, those amounts shall be identified in the applicable transaction records and deducted from the amounts otherwise payable to the Provider when appropriate.
Book My Boat shall only collect taxes that it reasonably believes it is legally required to collect based upon the information available at the time of the transaction.
Book My Boat reserves the right to begin, modify, suspend, or discontinue tax collection in any jurisdiction at any time as required by law or business necessity.
---
Provider Information
The Provider agrees to provide complete, accurate, and current tax information, business information, addresses, vessel operating locations, and any documentation reasonably requested by Book My Boat.
The Provider shall promptly notify Book My Boat of any material change affecting tax reporting, including changes in:
- business entity;
- tax identification numbers;
- operating locations;
- vessel home marina;
- principal business address; or
- any other information that may affect tax reporting or tax collection.
The Provider shall be responsible for any additional taxes, penalties, interest, governmental assessments, or costs resulting from inaccurate, incomplete, outdated, or misleading information supplied to Book My Boat.
---
Tax Withholding
Where required by applicable law or governmental authority, Book My Boat may withhold taxes or other required amounts from Provider payouts until all legally required documentation has been received and verified.
Providers authorize Book My Boat to issue invoices, transaction summaries, payment statements, tax documentation, and other records reasonably necessary to facilitate payment processing, accounting, regulatory compliance, and tax reporting.
---
No Tax Advice
Book My Boat does not provide tax, accounting, or legal advice.
Nothing contained in this Agreement should be interpreted as tax advice, and Providers acknowledge that they are solely responsible for obtaining independent professional advice regarding their individual tax obligations.
---
Survival
The obligations contained in this Section shall survive the expiration or termination of this Agreement to the extent necessary to satisfy any outstanding tax, reporting, audit, or governmental compliance obligations.
If any governmental authority assesses Book My Boat for taxes, penalties, interest, or other governmental charges arising from the Provider's failure to comply with its tax obligations or from inaccurate information provided by the Provider, the Provider agrees to immediately reimburse Book My Boat for all such amounts, including reasonable attorneys' fees, accounting fees, audit costs, and other related expenses.
Governing Law and Venue
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law principles.
The Parties acknowledge that the original version of this Agreement has been drafted in the English language. Any translation is provided solely for convenience. In the event of any conflict, inconsistency, or ambiguity between the English version and any translated version, the English version shall prevail and control.
The Parties expressly waive the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and any similar international convention that may otherwise apply.
Jurisdiction and Venue
Subject to the Arbitration Agreement contained in this Agreement, the Parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida, for any legal action, proceeding, or claim that is not required to be resolved through binding arbitration.
The Parties waive any objection based upon improper venue, forum non conveniens, or lack of personal jurisdiction with respect to such courts.
Unless otherwise required by applicable law, any arbitration conducted pursuant to this Agreement shall take place in Miami-Dade County, Florida, and shall be conducted in the English language.
The Parties agree that any claim or cause of action arising out of or relating to this Agreement must be commenced within one (1) year after the claim arises, or such claim shall be permanently barred to the fullest extent permitted by applicable law.
Contact Information
If you have any questions regarding this Provider Agreement, your Provider account, payouts, subscriptions, listings, reservations, or any other matter relating to the Book My Boat platform, please contact us using the information below:
Book My Boat LLC
Customer & Provider Support
Email: support@bookmyboat.net
Website: https://www.bookmyboat.net
Book My Boat may update its contact information from time to time by publishing the revised information on its website. It is the Provider's responsibility to periodically review the website for the most current contact information.
Official notices required under this Agreement shall be sent by email unless applicable law requires another method of delivery.
Book My Boat will make commercially reasonable efforts to respond to Provider inquiries in a timely manner; however, response times may vary depending on the nature and complexity of the request.