LAST UPDATED: June 29, 2024

Terms of Service

THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND JURY TRIAL AND CLASS ACTION WAIVER IN THE SECTION TITLED “DISPUTE RESOLUTION”. THIS AFFECTS YOUR RIGHTS WITH RESPECT TO ANY “DISPUTE” BETWEEN YOU AND COLLABORATIVE BOATING, INC. PLEASE READ THIS ENTIRE AGREEMENT, INCLUDING THAT PROVISION, CAREFULLY.You agree that by clicking “sign up”, registering, accessing, or using our Services (described below), you are agreeing to enter into a legally binding contract with Collaborative Boating, Inc. operating as d/b/a Luxoyatch, (hereafter referred to as “Luxoyatch”, “we”, “us”, or “our”).  If you do not agree that these Terms of Service (“Terms”) form a contract with you, or should you not wish to agree to these Terms, do not click “sign up” and do not access or otherwise use any of the Services. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and / or criminal penaltiesYou agree to comply with and be legally bound by these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and all Collective Content (defined below).  These Terms constitute a binding legal agreement between you and Luxoyatch.Luxoyatch provides an online platform that connects Owners who have Boats (as defined below) to rent with Renters seeking to rent such Boats, which platform is accessible at https://www.Luxoyatch.com and any other websites through which Luxoyatch makes the platform available (collectively, the “Site") with any other websites, applications, features, software or services provided, owned, or operated by Luxoyatch that link to these Terms are, collectively, the “Services”.Your use of our Services is also subject to our Privacy Policy. Other services offered by Luxoyatch may be subject to separate terms.YOU UNDERSTAND AND AGREE THAT Luxoyatch IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND RENTERS, NOR IS Luxoyatch A BOAT BROKER, AGENT OR INSURER. Luxoyatch HAS NO CONTROL OVER THE CONDUCT OF OWNERS, RENTERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY BOATS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.When using or opening an account with Luxoyatch on behalf of a company, entity, or organization, you represent and warrant that you: (i) are an authorized representative of that entity with the authority to bind that organization to these Terms and grant the licenses set forth; and (ii) agree to these Terms on behalf of such entity.Definitions“Bareboat Rental” A rental of a Boat supported by a written agreement whereby the Boat Owner transfers “the incidents of ownership” including but not limited to full possession, control and use of the Boat to Renter and Renter is responsible for all aspects of the Boat during the Rental including manning, provisioning and otherwise.“Boat(s)” means marine vessels.“Luxoyatch Content” means all Content that Luxoyatch makes available through the Services, including any Content licensed from a third party, but excluding Member Content.“Collective Content” means Member Content and Luxoyatch Content.“Content” means text, graphics, images, music, software, audio, video, information and any other content or materials.“Renter” means a Member who requests a booking of a Boat via the Services, or a Member who uses a Boat and is not the Owner for such Boat.“Owner” means a person who creates and manages a Listing via the Services, is responsible for approving rentals, checking in or out a Renter, or responding to messages on the website. The Owner does not have to be the boat Boat Owner, but will need to be appointed and approved by the Boat Owner.“Listing” means a Boat that is listed by an Owner as available for rental via the Services.“Member” means a person who completes Luxoyatch's account registration process, including, but not limited to Owners and Renters“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services.“Service Fee Policy” The list of fees associated with transactions that are available via the Services. A list of the current charges and fees can be found by visiting the Service Fee Policy: https://www.Luxoyatch.com/legal/fee_policy. “Time Charter” A rental of a Boat supported by a written agreement whereby the Boat Owner makes the Boat available to the Renter but the Owner remains responsible for all aspects of operating the Boat including but not limited to manning and provisioning the Boat. An Owner of a Boat rented pursuant to a Time Charter must ensure compliance with all applicable coast guard, local, state and federal laws for the specific type of operation of the Boat.“Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST), value added tax (VAT), and any other applicable or similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Certain areas of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services.ModificationYou agree that you will comply with all written Luxoyatch rules, agreements, and policies that are made available by Luxoyatch on the Services and which are incorporated herein by reference. These include, but are not limited to, the following:

Minimum AgeThe Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.How the Service WorkThe Services can be used to facilitate the listing and booking of Boats. Such Boats are included in Listings on the Services by Owners. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a Boat or create a Listing, you must first register to create a Luxoyatch Account (defined below). As stated above, Luxoyatch makes available a platform or marketplace with related technology for Renters and Owners to meet online and arrange for bookings of Boats. Luxoyatch is not an Owner or operator of Boats, including, but not limited to, powerboats, sailboats, ski boats, yachts, houseboats, kayaks, or other Boats, nor is it a provider of Boats, including, but not limited to, powerboats, sailboats, ski-boats, yachts, houseboats, kayaks, or other Boats, and Luxoyatch does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Boats, including, but not limited to, powerboats, sailboats, ski boats, yachts, houseboats, kayaks, or other Boats, or transportation or travel services. Luxoyatch's responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Owner for the sole purpose of accepting payments from Renters on behalf of the Owner.PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF BOATS. Luxoyatch CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND/OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY BOATS. Luxoyatch IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND BOATS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE RENTER'S AND OWNER'S OWN RISK.Account Registration In order to access certain features of the Services, and to book a Boat or create a Listing, you must register to create an account (“Luxoyatch Account”) and become a Member. You may register to join the Services directly via the Services or as described in this section.You can also register to join by logging into online accounts you may have with third-parties, such as Facebook, Google, or Apple; each such account, a “Third Party Account”, via our Services. As part of the Services, you may link your Luxoyatch Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Luxoyatch through the Services; or (ii) allowing Luxoyatch to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Luxoyatch and/or grant Luxoyatch access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Luxoyatch to pay any fees or making Luxoyatch subject to any usage limitations imposed by such third party service providers. By granting Luxoyatch access to any Third Party Accounts, you understand that Luxoyatch will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“TPA Content”) so that it is available on and through the Services via your Luxoyatch Account and Luxoyatch Account profile page. Unless otherwise specified in these Terms, all TPA Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have established in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Luxoyatch Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or Luxoyatch's access to such Third Party Account is terminated by the third party service provider, then TPA Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Luxoyatch Account and your Third Party Accounts, at any time, by accessing the “Account” section of the Site and Application.PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.Luxoyatch makes no effort to review any TPA Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Luxoyatch is not responsible for any TPA Content.We will create your Luxoyatch Account and your Luxoyatch Account profile page for your use of the Services based upon the personal information you provide to us or that we obtain via a Third Party Account as described above.You may not have more than one (1) active Luxoyatch Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Luxoyatch reserves the right to suspend or terminate your Luxoyatch Account and your access to the Services if you create more than one (1) Luxoyatch Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Luxoyatch Account, whether or not you have authorized such activities or actions. You will immediately notify Luxoyatch of any unauthorized use of your Luxoyatch Account.Unless expressly permitted in writing by Luxoyatch, you may not sell, rent, or lease your Luxoyatch Account to anyone else.Boat ListingsAs a Member, you may create Listings. You will be asked a variety of questions about the Boat to be listed, including, but not limited to, the value, location, size, features, availability of the Boat, pricing, related rules, and financial terms. You acknowledge and agree that Listings will be made publicly available via the Services. Other Members will be able to book your Boat via the Services based upon the information provided in your Listing. You understand and agree that once a Renter requests a booking of your Boat, the price for such booking may not be altered without contacting customer service (contact@Luxoyatch.com).You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter use of, a Boat in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Boat included in a Listing you post, including, but not limited to, insurance requirements, coast guard regulations, zoning laws, marina regulations, and laws governing rentals and operation of Boats and (b) not conflict with the rights of third parties. Please note that Luxoyatch assumes no responsibility for an Owner's compliance with any applicable laws, rules and regulations. Luxoyatch reserves the right, at any time and without prior notice, but without obligation to do so, to remove or disable access to any Listing for any reason, including Listings that Luxoyatch, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.You understand and agree that Luxoyatch does not act as an insurer or as a contracting agent for you as an Owner. If a Renter requests a booking of your Boat and uses your Boat, any agreement you enter into with such Renter is between you and the Renter and Luxoyatch is not a party thereto. Notwithstanding the foregoing, Luxoyatch serves as the limited authorized payment agent of the Owner for the sole purpose of accepting payments from Renters on behalf of the Owner and is responsible for transmitting such payments to the Owner.When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Boat, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Boat. Any Member wishing to book Boats included in Listings with such requirements must meet these requirements; however, as noted below, we do not attempt to confirm or verify such information.If you are an Owner, Luxoyatch makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking your Boat. You acknowledge and agree that, as an Owner, you are responsible for your own acts and omissions.No EndorsementLuxoyatch does not endorse any Members or Boats. Although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member's purported identity or other information provided by such Member. You are responsible for determining the identity and suitability of others who you contact via the Services. Except as provided by the Luxoyatch Terms, we will not be responsible for any damage or harm resulting from your interactions with other Members.By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Luxoyatch with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Owner against Luxoyatch regarding the remittance of payments received from a Renter by Luxoyatch on behalf of an Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.Bookings and Financial TermsIf you are an Owner and a booking is requested for your Boat via the Services, you may be required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Luxoyatch in its sole discretion) or the booking request may be automatically canceled. When a booking is requested via the Services, we will share with you (i) the first and last name of the Renter who has requested the booking, and, (ii) a link to the Renter's Luxoyatch Account profile page, so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of a Boat within such 24 hour period, any amounts collected by Luxoyatch for the requested booking may be refunded to the applicable Renter's credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Renter, Luxoyatch will send you an email, text message or message via the Services confirming such booking, depending on the selections you make via the Services.If the Renter requests a booking from one of the alternative listings and the Owner associated with such alternative listing confirms the Renter's requested booking, then the Renter agrees to pay Luxoyatch the Total Fees relating to the confirmed booking for the Boat in the alternative listing, in accordance with these Terms.The fees displayed in each Listing are comprised of the Boat Fees and the Reservation Fees. Where applicable, Taxes may be charged in addition to the Reservation Fees and Boat Fees. The Boat Fees, the Reservation Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Renter solely relating to an Owner's Boat which are actually collected by Luxoyatch are the Boat Fees. Please note that it is the Owner, and not Luxoyatch which determines the Boat Fees. The Boat Fees may include cleaning fees and / or pre-paid fuel charges, at the Owner's discretion.  The Renter is liable for all fuel expenses during the term of a Bareboat Rental.  To the extent that an Owner seeks reimbursement for fuel expenses incurred by the Renter directly from the Renter, a receipt must be presented.  Without a receipt the Owner will be unable to obtain reimbursement. This is true if the reimbursement is processed through Luxoyatch or directly between the Renter and Owner.  Following presentation of the receipt Luxoyatch may first attempt to collect from the deposit or may charge the Renter's card if the deposit is no longer on file.Luxoyatch charges a fee to Renters based upon a percentage of the Boat Fees; this charge is referred to as the “Reservation Fees”. The Reservation Fee is added to the Boat Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Luxoyatch will collect the Total Fees at the time of booking confirmation (i.e. when the Owner confirms the booking within 24 hours of the booking request) and will initiate payment of the Boat Fees (less Luxoyatch's Service Fees as defined in the Fees Policy https://www.Luxoyatch.com/fees) to the Owner two business days provided Luxoyatch has the accurate account information after the Renter arrives at the applicable Boat (except to the extent that a refund is due to the Renter).Failure to charge any of the fees or other indulgences shall not constitute a waiver of the right to exercise the same in the event another fee should become due at any other time.Should a Renter not respond to an inquiry (such as regarding a fuel expense), Luxoyatch may accept and process charges for damages, late fees, or fuel on behalf of that Renter.  If an Owner does not respond, Luxoyatch may process refunds or cancellations on behalf of that Owner.You also agree that if Luxoyatch is unable to collect a debt that is due within 30 (thirty) days, it may resort to a third party recovery service for the amount owed. In the event a third party recovery service is used, you agree that Luxoyatch may pursue an action against you for the original amount owed, plus any commissions or expenses (including attorneys' fees) related to pursuing said amount.Agreed Exclusivity with LuxoyatchAs an Owner, you agree to use the Service to communicate and facilitate a rental with a Renter. You agree not to take any action directly or indirectly to circumvent the Service Fee Policy. If you do so, you agree that Luxoyatch may charge you a fee up to $1,000 per booking, in addition to the Service Fees otherwise owed to Luxoyatch.  Luxoyatch may collect the fee from future bookings or otherwise.Minimum Age to RentThe minimum age to rent varies by type of rental  (Bareboat operated by Renter, Bareboat operated by a Captain hired by Renter, Time Charter (Owner operated)). For all boats that are not covered under the Peer-to-Peer Boat Rental Insurance Policy through Geico (ie. have their own policy), the minimum age to rent a Boat is 18. For Bareboat rentals operated by Renter and insured through the policy made available via the Services during the rental, the minimum age is 25 and each Renter must pass a Renter verification. For Bareboat Rentals that are operated by licensed captains hired by Renter that are insured through the policy made available via the Services during the rental, the minimum age is 18.InsuranceIt is the Renter's responsibility to  review the insurance for their rental. Please review any insurance policy carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of, or relating to Renters or any hired Captains (and the individuals the Renter invites to the rental, if applicable) while on the Boat.  If the Owner is using the Peer-to-Peer Boat Rental Insurance Policy through Geico it can be reviewed  here, please send any questions to Luxoyatchunderwriting@BoatUS.com or call 877-510-2628.Appointment of Luxoyatch as Limited Payment Agent for OwnerEach Owner hereby appoints Luxoyatch as the Owner's limited agent solely for the purpose of collecting payments made by Renters on behalf of the Owner. Each Owner agrees that payment of Boat Fees made by a Renter to Luxoyatch shall be considered the same as a payment made directly to the Owner and the Owner will make the Boat available to Renter in the agreed upon manner as if the Owner has received the Boat Fees. Each Owner agrees that Luxoyatch may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing, (i) permit the Renter to cancel the booking and (ii) refund to the Renter that portion of the Boat Fees specified in the applicable cancellation policy. Each Owner authorizes Luxoyatch to collect from the Owner any cancellations fees pursuant to these Terms and/or the Cancellation Policy by charging or debiting the bank account associated with the relevant booking, or by withholding the amount from the relevant booking payout or from a future payout. In accepting appointment as the limited authorized payment agent of the Owner, Luxoyatch assumes no liability for any acts or omissions of the Owner.From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method.  Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to either do so or to inform users of any such actual or suspected activity.