Terms and Conditions
The www.bedsonboard.com website (the “Site”) is owned and operated by Beds on Board Limited (“Beds on Board”, “us” or “we”). Through the Site, we provide an online platform that connects hosts wishing to rent accommodation on boats or other water-based property to guests wishing to rent such accommodation as well as providing other online tools and resources to facilitate the listing and booking of Accommodation directly between hosts and guests.
Acceptance of Terms
YOUR ATTENTION IS BROUGHT TO SECTIONS 12, 13 AND 14 BELOW WHICH INCLUDE OUR DISCLAIMERS, LIMITS OF LIABILTY AND YOUR INDEMNITY TO US UNDER THESE TERMS.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time without prior notice. You may review the latest version of these Terms at http://www.bedsonboard.com/terms/If we modify these Term we will post any changes on the Site. By continuing to use this Site or our Services after we have posted modifications to these Terms, you are indicating that you agree to be bound by the modified Terms.
1. Key Definitions
3. Beds on Board’s Role
4. Prohibited Activities
5. Compliance with Beds on Board Policies
9. Fees, Charges and Payment
10. Issues Relating to Bookings
12. Limitation of Liability
14. Intellectual Property
15. Use of the Site
1. Key Definitions
‘Accommodation’ means any boat or other water-based vessel which is offered as a Listing on the Site;
‘Account’ means a User account for the Site registered in accordance with section 5 (Accounts);
‘App’ means any application for provision of the Services on mobile devices developed and made available by Beds on Board;
‘Beds on Board’, ‘We’ or ‘Us’ means Beds on Board Limited, a limited liability company registered in England and Wales with company number 09214426, registered address at The Boat House, 57 High Street, Lymington, SO41 9AH and VAT registration number 198756730;
‘Content’ means text, graphics, images, music, software (excluding any App), audio, video, information or other materials;
‘Guest’ means a User who has established an Account and makes a request to book an Accommodation from a Host through the Site;
‘Guest Conduct Policy’ means the Beds on Board Guest Conduct Policy which is incorporated into these Terms, a copy of which can be found here;
‘Host’ means a User who has established an Account and made a Listing through the Site;
‘Listing’ means the listing of an Accommodation as available for rental on the Site in accordance with Section 7 (Listings);
‘Material Quality Issue’ means a material quality issue arising in connection with an Accommodation, as more particularly defined in the Material Issues, Damage to Accommodation and Cancellation Policy;
‘Material Issues, Damage to Accommodation and Cancellation Policy’ means the Beds on Board Material Issues, Damage to Accommodation and Cancellation Policy which is incorporated into these Terms, a copy of which can be found here;
‘Security Deposit’ means a security deposit payable by a Guest in respect of an Accommodation as more particularly described in section 9 (Fees, Charges and Payment);
‘Services’ means the provision of an online platform by Beds on Board that connects Hosts wishing to rent Accommodation to Guests wishing to rent such Accommodation as well as the provision of other online tools and resources to facilitate the listing and booking of Accommodation directly between Hosts and Guests;
‘Site’ means the website www.bedsonboard.com and all related webpages. Any reference in these Terms to the ‘Site’ shall, to the extent applicable, also be deemed to be a reference to any App operated by Beds on Board from time to time;
‘Taxes’ any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees that accommodation providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes;
‘User’ means a user of the Site and/or Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
3. Beds on Board’s Role
You acknowledge and agree that the Site is a platform which allows registered Hosts and Guests to meet online and arrange for the booking of Accommodation directly between each other. Beds on Board is not a party to any legal contract for the booking of Accommodation, which is entered into directly between Hosts and Guests and Beds on Board disclaims all liability arising from or related to any such contract to the fullest extent permitted by law. Beds on Board’s role is solely to facilitate the availability of the Site and Services.
Beds on Board: (i) is not an owner, operator or charterer of any boats or other vessels or vehicles or other property generally; (ii) is not a travel agent, broker or insurer; (iii) does not sell, resell, furnish, provide, rent, re-rent, charter manage and/or control any Accommodation or accommodation generally; (iv) does not provide any related transportation or travel services; and (v) does not hold itself out as a supplier of any goods or services other than the Services.
Other than in its capacity as limited payment collection agent for accepting payments from Guests, Beds on Board has no authority to act for, or enter into contracts or other binding obligations on behalf of either Guests or Hosts. We have no control over, and shall have no responsibility for, the acts or omissions of any Guests or Hosts.
It is the sole responsibility of Users (both Guests and Hosts) to assess a proposed booking (including the proposed Guest or Host, as applicable) and decide whether or not they wish to proceed. Beds on Board does not make any recommendations or endorsements nor give any warranty or guarantee in respect of Accommodation listed on our Site. Beds of Board makes no warranty or guarantee as to the appropriateness or conduct of any Guest or Host. We encourage Users to communicate directly with one another (using the messaging system available on the Site) regarding any bookings or listings and to satisfy themselves that they have obtained and are satisfied with all the information they need before proceeding with a particular booking.
4. Prohibited Activities
The Site provides a platform for Hosts and Guests to meet and arrange for the booking of accommodation services only. Hosts and Guests are strictly prohibited from discussing and/or making arrangements via the Site in respect of any services other than accommodation services or services which are directly ancillary to the provision of such accommodation (such as cleaning services). In particular, without limiting the generality of the foregoing, Hosts and Guests are strictly prohibited from discussing and/or making arrangements via the Site which involve the movement or navigation of any vessel or boat away from its berth or mooring, whether by way of licensed chartering or any other means. Beds on Board shall not permit any transaction to be conducted through the Site where it has reasonable cause to believe that arrangements are being made in breach of this clause. Furthermore, Beds on Board reserves the right to terminate or suspend any User’s Account where it has reasonable cause to believe that such User has acted in breach of this clause.
5. Compliance with Beds on Board Policies
Guests and Hosts undertake to Beds on Board that they shall at all times comply with the provisions of:
(i) the Material Quality Issues, Damage to Accommodation and Cancellation Policy; and
(ii) the Guest Conduct Policy (applicable to Guests only).
Guests and Hosts agree to indemnify Beds on Board (in accordance with section 13) for any damage, costs, expenses or losses suffered or incurred by Beds on Board arising out of any failure by the Host or Guest (as applicable) to comply.
You may view listings of Accommodations as an unregistered visitor to the Site; however, if you wish to book an Accommodation or create a listing, you must first register to create a Beds on Board user account (“Account”).
We will create your Account and your Beds on Board 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 as described below. You may not have more than one active Account at a time.
You may register for an Account through our Site by going to the Site, following the instructions given and providing the requested information.
You may also register for an Account by logging in with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site, as described below. You may link your Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Beds on Board through the Site or Application; or (ii) allowing Beds on Board to access your Third-Party Account, as 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 Beds on Board and/or grant Beds on Board 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 Beds on Board to pay any fees or making Beds on Board subject to any usage limitations imposed by such third-party service providers. By granting Beds on Board access to any Third-Party Accounts, you understand that Beds on Board will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Account and Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Content submitted to the Site by you for all purposes of these Terms (including specifically Section 16 (Use of the Site). Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Account on the Site. Please note that if a Third- Party Account or associated service becomes unavailable or Beds on Board’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Beds on Board makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Beds on Board is not responsible for any SNS Content.
For security and compliance purposes, Beds on Board may request information from you in order to confirm your identity and may share such information with 3rd party services providers (3rd Party ID Verification Service Providers) for the purposes of checking and cross-referencing the information you provide in order to verify your identity. Such information may include requesting scanned copies of identification documents and vessel ownership documents or other identity related documentation.
Accurate and up to date information
You agree to provide accurate, current and complete information during the registration process and to update such information to ensure it is accurate, current and complete. Beds on Board reserves the right to suspend or terminate your Account and your access to the Site and Services if you create more than one (1) 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 Account, whether or not you have authorised such activities or actions. You will immediately notify Beds on Board of any unauthorised use of your Account.
You agree to allow Beds on Board to contact you on your email address or phone number with personal communications related to your Account, including but not limited to requests for bookings, booking confirmations, notices and updates. You will be able to opt out of any future commercial communication at your convenience.
You agree to use your Account for your personal use only, and not to redistribute any of the content on this Site. You agree to comply with all applicable laws regarding use or access of your Account and the provisions of section 16 (Use of the Site) of these Terms. Any use of an Account in breach of section 16 (Use of the Site) of these Terms and any use of an Account to post (a) false, outdated, misleading information; (b) information that in our sole discretion is inappropriate to our users (including, but not limited to obscene, libelous, slanderous or similarly inappropriate postings) or (c) information in breach any policies published on the Site, are grounds for immediate termination of an Account.
As a registered user of the Site you will be able to create Listings. To create a Listing you should follow the instructions set out on the Site. you will be need to provide detailed information about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Accommodation and pricing and related rules and financial terms.
In order to be featured in Listings via the Site and Services, all Accommodations must have authorised and valid marina berths or moorings.
Compliance with laws and 3rd party agreements
You warrant, represent and undertake that all and any listings you place on our Site relate to available Accommodation in an existing boat or vessel and that that any Listing you post and the booking of, or a Guest's stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties (including but not limited to 3rd financiers of the relevant boat or vessel, any marinas or waterway associations, counterparties to mooring and berthing agreements or any insurer of the boat or vessel), and (ii) will (a) be in compliance with all applicable laws (such as laws governing the rental of boating accommodation or accommodation generally in the jurisdiction in which the Accommodation is located), Tax requirements, and any rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of any third parties.
If you are not the owner of the Accommodation, you represent, warrant and undertake that you have the express authorisation from the owner, to deal with the Accommodation, including creating listings related to it and offering it for rental.
Listings will be made publicly available via the Site and Services. Other eligible Users will be able to book your Accommodation via the Site and Services based upon the information provided in your Listing. You, and not Beds on Board, are solely responsible for determining the price to be displayed in your listing and any additional charges (for example, cleaning fees) to be included or factored into such price. You understand and agree that once a Guest requests a booking of your Accommodation, you may not request the Guest to pay a higher price than that stated in the booking request.
Beds on Board as limited authorised payment collection agent
As a Host, you understand and agree that Beds on Board does not act as an insurer or as your contracting agent. If a Guest requests a booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Beds on Board is not a party. Notwithstanding the foregoing, Beds on Board serves as the limited authorised payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host (including cleaning or other fees and/or Taxes). As a Host you hereby authorise Beds on Board to act as your limited authorised payment collection agent for the purposes set out above.
Guest requirements and acceptance of Guests
When you create a Listing, you may also choose to include certain requirements which must be met by the Users who are eligible to request a booking of your Accommodation, including, but not limited to, requiring Users to have a profile picture or verified phone number, in order to book your Accommodation. Any User wishing to book Accommodations included in Listings with such requirements must meet these requirements.
If you are a Host, Beds on Board may make certain tools available to you to help you to make informed decisions about which Users you choose to confirm for booking for your Accommodation. You acknowledge and agree that you are solely responsible for your own acts and omissions. Beds on Board does not make any representation, warranty or guarantee about the suitability of any Guest you may accept for a booking of your Accommodation.
Beds on Board recommends that Hosts obtain appropriate insurance for their Accommodations. Please review any insurance policy that you may have for your Accommodation 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 Guests (and the individuals the Guest invites to the Accommodation, if applicable) while at your Accommodation.
Beds on Board may offer Hosts the option of having photographers take photographs of their Accommodations. If you as a Host choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “Beds on Board Verified Photo” or similar wording (“Verified Images”). All images, materials and content created by these photographers provided by Beds on Board, including Verified Images, constitute Content belonging to Beds on Board, regardless of whether you include them in your Listing.
Bookings by Guests
Guests can request a booking through the Site by following the processes for making a booking request set out on the Site and clicking on the appropriate confirmation button. You will have the opportunity to communicate with the relevant Host via our Site messaging service and to raise any queries about the Accommodation or the terms of the Listing before confirming your booking request. It is important that Guests check the information entered and correct any errors before making a booking request since once you click on such button or link, input errors cannot be corrected.
Prior to confirming your booking request, you will be asked to provide payment card details. Beds on Board will also obtain a pre-authorisation on your payment card for the total amount of your booking request to ensure that you have the necessary amount of funds available to cover the transaction. If your booking request is accepted by the Host for the dates set out in your request, the payment process described under section 9 (Fees, Charges and Payment) of these Terms below will apply. If a booking request is refused, expires or is cancelled, any pre-authorisation of your payment card will be released or as applicable, shall expire after a period of up to 30 days unless you contact us to request an earlier release.
Once you have provided your payment card details, you will be requested to click the booking confirmation button. If at any time prior to clicking on the appropriate confirmation button, you (the Guest) decide that you do not wish to proceed with your booking request, you should close the application window.
By submitting a booking request, you are agreeing to enter into a contract with the Host for rental of the Accommodation.
Once your booking request has been made, we will then notify the relevant Host by email and via their Account instructing them to accept or reject the booking request. Hosts are required to either confirm or reject your booking request within 48 hours of that request, after which the booking request shall automatically expire. If the booking request is subsequently accepted by the Host through our Site you will receive confirmation via email and via your Account.
Hosts are not obliged to make any Accommodation available until a booking confirmation has been sent by the Host via the Site to Guests and a Guest is not guaranteed a booking with a Host until payment has been made by the Guest in accordance with these Terms.
As a Guest, if you cancel your booking, the provisions of Part 3 of the Material Quality Issues, Damage to Accommodation and Cancellations Policy will apply.
Any monies collected and received by Beds on Board from Guests for bookings made on the Site shall be held by Beds on Board subject to a conditional obligation to transfer or account for such monies to Hosts less our Fees.
Confirmation of Bookings by Hosts
If you are a Host and a booking is requested for your Accommodation via the Site, you will be required to either confirm or reject the booking request within 48 hours, otherwise the booking request will be automatically cancelled. When a booking is requested via the Site we will share with you (i) the first and last name of the Guest who has requested the booking; and (ii) a link to the Guest’s Beds on Board Account profile page, so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within the 48 hours, any amounts collected by Beds on Board for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorisation of such credit card will be released. When you confirm a booking requested by a Guest, Beds on Board will send you an email and notify you via your Account confirming such booking.
As a Host, by issuing a booking confirmation to a Guest, you are agreeing to enter into a contract with the Guest for the rental of the Accommodation.
As a Host, you agree that any bookings made between you and a Guest to whom you have been introduced by the Site or Services must be confirmed and paid for via the Site. If you do conclude a booking with a Guest outside of the Site, you shall be liable to pay Beds on Board an amount equal to 15% of the total fees you receive from any such Guest in respect of any such booking as compensation to Beds on Board for its Services.
9. Fees, Charges and Payment
In this section the following terms shall have the following meanings:
Accommodation Fees are the fees charged by a Host to a Guest in exchange for the Guest’s stay in the Host’s Accommodation. The Accommodation Fees are set by the Host and not Beds on Board. The Host may decide to include within these fees amounts payable in respect of tax which the Host determines he or she is liable to collect;
Additional Charges are additional fees charged by a Host to a Guest (such as cleaning fee) which the Host may require at its discretion;
Guest Booking Fee is the fee charged by Beds on Board to Guests for use of the Beds on Board Services and is calculated as a percentage of the applicable Accommodation Fees together with any applicable VAT or other similar tax;
Host Booking Fee is the fee charged by Beds on Board to Hosts to Beds on Board for use of the Beds on Board Services and is calculated as a percentage of the applicable Accommodation Fees together with any applicable VAT or other similar tax;
Service Fees means collectively the Guest Booking Fee and the Host Booking Fee.
Total Fees means the Accommodation Fees, the Guest Booking Fee and any Additional Charges;
Fees and Charges Payable by Guests
Before a Guest sends a booking request to a Host, all fees and charges payable in connection with the booking will be clearly displayed.
Fees payable by Guests comprise: (i) the Accommodation Fees; (ii) the Guest Booking Fee; and (iii) any Additional Charges. The Total Fees are due and payable upon confirmation of a booking.
You as a Guest agree to pay Beds on Board the Total Fees for any booking requested in connection with your Beds on Board Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Beds on Board, on behalf of the Host, reserve the right, in its sole discretion, to (i) obtain a pre-authorisation via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one pound sterling (£1), or a similar sum in the currency in which you are transacting (e.g. one euro or US dollar), to verify your credit card. Once Beds on Board receives confirmation of your booking from the applicable Host, Beds on Board will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that Beds on Board cannot control any fees that may be charged to a Guest by his or her bank related to Beds on Board’s collection of the Total Fees, and Beds on Board disclaims all liability in this regard.
Hosts may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation. Details of Beds on Board’s policy regarding Security Deposits is set out in Part 3 of the Material Quality Issues, Damage to Accommodation and Cancellation Policy.
Fees payable by Hosts
Beds on Board will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking request) and will initiate payment of the Accommodation Fees (less Beds on Board’s Host Booking Fee and any Taxes in respect of the Host Booking Fee, such as VAT in Europe) and any Additional Charges to the Host after the expiry of 48 hours following completion of the rental period. Hosts will be paid by means of telegraphic transfer to the bank account details notified by the Host to Beds on Board through their registered Account Any bank charges levied in connection with a transfer of funds to a Host shall be deducted from the amount payable to that Host.
If you owe or agree to pay any amount to Beds on Board (whether as a result of your bookings or actions as a Host or otherwise), then Beds on Board may (but is not obliged to) withhold the amount owing to Beds on Board from any payout amounts due to you as a Host, and use the withheld amount to set off the amount owed by you to Beds on Board. If Beds on Board does so, then your obligation to pay Beds on Board will be extinguished to the extent of the amount withheld by Beds on Board, and Beds on Board will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Beds on Board cannot and does not offer Tax-related advice to any Users.
10. Issues Relating to Bookings
The following matters are dealt with in the Material Quality Issues, Damage to Accommodation and Cancellations Policy:
(i) Cancellations and Changes to Bookings;
(ii) Material Quality Issues (as defined in the Policy); and
(iii) Security Deposits and Damage to Accommodation.
A copy of the Material Quality Issues, Damage to Accommodation and Cancellations Policy can be found here.
Guests and Hosts agree that all such issues shall be determined by Beds on Board in accordance with the Material Quality Issues, Damage to Accommodation and Cancellations Policy and that the decision of Beds on Board concerning such issues shall be final and binding.
IF YOU CHOOSE TO USE THE SITE OR SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT BEDS ON BOARD DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BEDS ON BOARD EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BEDS ON BOARD MAKES NO WARRANTY THAT THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BEDS ON BOARD MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS, THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BEDS ON BOARD OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT BEDS ON BOARD DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. BEDS ON BOARD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANISED BY BEDS ON BOARD. NOTWITHSTANDING BEDS ON BOARD’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, BEDS ON BOARD EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
12. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE OR SERVICES, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE OR SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF BEDS ON BOARD WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER BEDS ON BOARD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BEDS ON BOARD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS IN NO EVENT WILL BEDS ON BOARD’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE OR SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITEOR SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE OR SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY BEDS ON BOARD TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED POUNDS STERLING (£100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN BEDS ON BOARD AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Beds on Board and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site or Services or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation, or (iii) creation of a Listing; (d) your breach of the Material Quality Issues, Damage to Accommodation and Cancellation Policy and/or the Guest Conduct Policy; and (e) the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of an Accommodation.
14. Intellectual Property
This Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these terms and conditions. This means, for example, that we remain owners of them and free to use them as we see fit.
Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
The trade mark ‘Beds on Board’ is our trademark. Other trade marks and trade names may also be used on this Site. The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
15. Use of the Site
We permit you to use the Site only for personal, purposes and primarily for searching for, listing or booking Accommodations. Use of the Site in any other way, including in contravention of any restriction on use set out in this policy, is not permitted. If you do not agree with the terms of this policy, you may not use the Site.
Restrictions on use
As a condition of your use of the Site, you agree:
(a) not to use the Site for any purpose that is unlawful under any applicable law or prohibited by these terms and conditions;
(b) as a Host, not to use the Site to List any Accommodation which is not permitted to be made available for rental under the terms of any agreement with a third party;
(c) not to use the Site to contact any other User for any reason other than bona fide communications in connection with the booking of an Accommodation;
(d) not to use the Site to discuss or make arrangements in respect of the chartering (whether licensed or otherwise) of any boat or vessel;
(e) not to use the Site or Services to find a Host or Guest and then complete a booking of an Accommodation independent of the Site or Services, in order to circumvent the obligation to pay any Fees related to Beds on Board provision of the Services or for any other reasons;
(f) not to use the Site to commit any act of fraud;
(g) not to use the Site to distribute viruses or malware or other similar harmful software code
(h) not to use the Site for purposes of promoting unsolicited advertising or sending spam;
(i) not to use the Site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
(j) not to use the Site in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
(k) not to use the Site in any manner that harms minors;
(l) not to promote any unlawful activity;
(m) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
(n) not to use the Site to gain unauthorised access to or use of computers, data, systems, accounts or networks; and
(o) not to attempt to circumvent password or user authentication methods.
Submission of Content and Communication Services
In connection with your use of the Site or Services, you may submit Content to the Site (for example in connection with the creation of a Listing or through use of the Site’s messaging tools). We are not obliged to monitor or moderate any submissions of Content to the Site. Where we do monitor or moderate submissions we shall indicate how this is performed and who should be contacted in relation to any submission of concern to you. We may remove or edit any submissions of Content to our Site whether they are moderated or not.
Any Content you submit to the Site must:
(a) comply with the provisions of these Terms;
(b) be your own original work and lawfully submitted or provided with the necessary consent of any third party;
(c) not infringe the intellectual property rights of any third party;
(d) be factually accurate or your own genuinely held belief;
(e) not be defamatory or likely to give rise to an allegation of defamation;
(f) not be offensive, obscene, sexually explicit, discriminatory or deceptive; and
(g) be unlikely to cause offence, embarrassment or annoyance to others.
By submitting any Content on or through the Site, you hereby grant to Beds on Board a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, by mean of or to promote or market the Site and Services. Beds on Board does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.
Linking and framing
You may create a link to our Site from another website without our prior written consent provided no such link:
(a) creates a frame or any other browser or border environment around the content of our Site;
(b) implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
(c) displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or
(d) is placed on a website that itself does not meet the acceptable use requirements of this policy.
We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
Accuracy of information and availability of the Site
While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
We may suspend or terminate operation of the Site at any time as we see fit.
You may have certain legal rights when using the Site. These are also known as ‘statutory rights’, Nothing in these terms and conditions affects these legal rights.
Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.