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Terms of Serive

Last Modified: March 15, 2022

Requirement for All Use

You must read the relevant Indemnity, Waiver, and Release of Liability, and Rental Agreement and clauses before booking and be familiar with the relevant cancellation policy. 

 

 

Rental Agreement Terms

 

Article 1. Rules and Conditions

 

  1. Unless otherwise defined in these terms and conditions, all terms used shall have the following definitions.

    1. AHoY Rentals LLC: AHoY Rentals LLC., a user of these general terms and conditions. AHoY Rentals LLC rents out vessels.

    2. Renter: each natural person who enters into an agreement with AHoY Rentals LLC, or who receives an offer that is governed by these general terms and conditions. If Renter is a legal entity, please refer to the general terms and conditions for commercial use.

  2. These general terms and conditions apply to all AHoY Rentals LLC’s (rental) agreements. The Renter’s acceptance of an agreement without any comments is presumed to be an acceptance of these general terms and conditions.

  3. Any deviation of these terms and conditions should be made clear in writing in advance. The applicability of any conditions of the Renter is expressly rejected. Application of any conditions of the Renter is only possible if agreed in writing by parties.

  4. If a situation occurs that is not described in these terms and conditions, this shall be judged in the spirit of these general terms and conditions.

  5. AHoY Rentals LLC may amend the present conditions. Amendments shall also apply to agreements already entered to. AHoY Rentals LLC shall announce any such amendments well in advance. The Renter may terminate the agreement as per the date on which the amended conditions will take effect, if the Renter does not wish to accept such amended conditions

 

Article 2. General rules

 

  1. The Renter agrees that the Boat shall be used exclusively as a pleasure vessel for the sole and proper use of Renter, its family and guests during the term of this charter and shall not tow, nor transport merchandise or carry passengers for pay, or engage in any trade, participate in any race or contest of speed, nor in any way violate the Revenue Laws of the United States, and shall comply with state and federal law in all other respects. Renter further agrees to be solely liable for tickets, citations, fines, and/or other violations that occur during the Rental.

  2. At no point in time should any of the rental party be in the water while the boat is running.

  3. AHoY Rentals LLC rents out vessels. Renter shall behave in accordance with these general rules and will always bear responsibility for the compliance by all passengers with all general rules. Should Renter (or a person in Renter’s party) not comply with the general rules, AHoY Rentals LLC is entitled to terminate the agreement with Renter with immediate effect. In such an event, there will be no right of restitution for any amount yet paid.

  4. General opening hours of AHoY Rentals LLC are indicated on the website and are subject to changes. During these opening hours, Renter can rent a boat immediately depending on the availability of the fleet.

  5. The Renter agrees to accept the Boat delivered as provided herein, and to participate in a “Pre-Rental & Post Rental” inspection of the Boat. Renter agrees that a failure to complete this document or not providing adequate, time-stamped photos or video documentation in lieu of a Pre-Rental or Post Rental Inspection documents makes you responsible for ALL damages, and not just the deductible and/or security deposit. In the case of a discrepancy, each party agrees to note the document if it does not agree to any particular damage on the Pre-Rental or Post Rental Inspection document and sign the same.

  6. AHoY Rentals LLC reserves the right to apply special rates on any holiday, including but not limited to Mother’s Day, Father’s Day, 4th of July, Labor Day Weekend, Memorial Day Weekend, and the Newport Beach Christmas Parade week.

  7. Renter agrees to pay all running expenses during the term of charter, including fuel and water, pump out and consumable stores, docking and mooring fees, port charges, marina fees, and provisions and supplies for itself and party. The failure to so pay may be deducted from any security deposit, along with any additional fines resulting there from. Renter specifically authorizes The Boat Rental Co. to charge for any fuel not replaced at the conclusion of the Charter, unless otherwise agreed in writing.

  8. A Renter should be 21 or older.

  9. Vessels are suitable for carrying up to 7 or 10 people depending on the model. 

  10. Vessels may not be operated while under the influence of alcohol and/or drugs. 

  11. Renter shall not leave the vessel unattended while the vessel is in use.

  12. Renter shall not operate

  13. Boating rules:

    1. Safety above all, never take risks.

    2. Always stay on the starboard (right) side and maintain such a speed that no unnecessary beating of the waves is caused. Always abide by the maximum speed limits.

    3. Commercial shipping (including round-trip boats) always have right of way.

    4. Make sure that others can see which way you are going. Approach bridges in such a way that you are visible for any oncoming traffic.

    5. You may not operate a vessel while under the influence of drugs and/or alcohol. o You may not moor the vessel to trees, under or at bridges, and at places at which prohibition signs apply.

    6. People live on and at the water, respect their privacy. Please make sure not to cause any (noise) nuisance.

    7. Not wear headphones, or any other devices which limit hearing while operating the vessel.

    8. wear all personal flotation devices required by law or prudence and to require the same of Renter’s guests.

    9. not operate devices that require one or both hands while operating the vessel, including but not limited to, cell phones, mobile computers, or devices that allow texting

 

Article 3: Navigation Limits

 

In order to keep all Renters safe, AHoY Rentals LLC has set the following navigational restrictions for all of their vessels.  Operators without a boating education certificate are only allowed to operate the vessel on Salmon Bay, Lake Washington Ship Canal, Fremont Cut, Lake Union, and Portage Bay.  Operators with a boating education certificate that has been verified and approved by an AHoY employee are allowed to operate the vessel on Salmon Bay, Lake Washington Ship Canal, Fremont Cut, Lake Union, Portage Bay, and Lake Washington.  Vessels are never allowed in the Locks, Puget Sound, and other locations not named in the above list.

 

Article 4. Rental Start, Extension, End

 

  1. The rental period begins at the prior arranged time. A Renter who is not present at the said time to collect the vessel is not entitled to compensation by adjustment of the rental period to a later time.

  2. The Renter agrees to surrender the Boat at the expiration of this charter at the same location the Boat was originally received (unless otherwise specified by the owner prior to rental period), free and clear of any indebtedness that may have been incurred for his account during the term of charter, and in as good condition as when delivery was taken, ordinary wear and tear and any loss or damage that he shall not be liable to make good excepted. In the event of any damage or loss to the Boat or its equipment, Renter shall fully advise Owner thereof not later than the termination of the charter using the Pre-Rental or Post Rental Inspection document as described elsewhere in this agreement.

  3. If it is possible to extend the rental period, a text message will be sent to the Renter with instructions about 1 hour before the return is scheduled. Should an extension be possible (AHoY Rentals LLC is entitled to refuse extensions) the proposed rate (on the text message) applies. AHoY Rentals LLC will then extend the rental period to the time as requested and charge the Credit Card on file. If the Renter does not receive an offer to extend, the boat is deemed not available and must be returned as scheduled.

  4. Should Renter not return the vessel at the stipulated time; all extra time will be charged with a double hourly regular rate. Renter is also responsible for reimbursement of all damages incurred by AHoY Rentals LLC because of the late return of the vessel.

  5. Renter will return the vessel clean and without garbage to AHoY Rentals LLC at the end of the rental period. Should the vessel be returned in a dirty state, Renter may have to pay cleaning fees Listed on the AHoY Rentals LLC Rules and Safety Regulations signed before departure.

  6. You also accept that any changes or modifications to the Charter Party as to date, time, price or any similar logistical change made after the original booking will be confirmed by Ahoy

 

Article 5. Obligations AHoY Rentals LLC and Renter

 

  1. No Endorsement - AHoY Rentals LLC does not endorse any of its Boats. In addition, although these Terms require accurate information, we do not attempt to confirm, and do not confirm, any Renter’s purported identity or other information.  Except as provided by AHoY Rentals LLC Terms and Conditions, we will not be responsible for any damage or harm resulting from your interactions with other Members.  Members are defined as other boat owners who have put their boat in AHoY Rentals LLC fleet for management services.  

  2. 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 AHoY Rentals LLC with respect to such actions or omissions. Accordingly, we require you to communicate directly with other Members on the Services regarding any bookings or Listings made by you.

  3. At the beginning of the rental period, AHoY Rentals LLC will make sure that Renter has the disposal of said vessel. AHoY Rentals LLC will make sure that the vessel is in appropriate condition and the safety features as agreed on are available. AHoY Rentals LLC vessels will be suitable for their intended use.

  4. AHoY Rentals LLC will also make sure the vessel is properly insured (third party insurance, body, theft) for the area in which the ship will be used according to the agreement.

  5. Renter agrees not to smoke on or near the Boat, nor allow its guests to do so during the term of the Charter. Similarly no pets are permitted without the written consent of the owner.

  6. Renter is not allowed to surrender the vessel to a third party. Renter will remain responsible at all times until the vessel is moored at the landing at AHoY Rentals LLC. Should the vessel be, either

  7. activated or not activated, be moored/ left behind somewhere other than at the landing, late fees at $per hour will be charged until the boat is back to the rental center. Any other costs will be recovered from Renter as well. (Ex. towing and staff fees)

  8. Renter will abide by all applicable rules. Should Renter not be aware of all sailing rules, Renter should contact AHoY Rentals LLC. Renter is assumed to have all skills necessary for safe sailing.

  9. Renter will check prior to departure whether all necessary safety equipment is on board. Should this not be in order, Renter is to contact AHoY Rentals LLC before departing.

  10. Renter will take care of the vessel with due diligence and may only use it for purposes suitable to the nature of the vessel. Renter may not make any adjustments to the vessel. Any repairs will only be done by AHoY Rentals LLC unless otherwise agreed.

  11. Renter will use the vessel according to the directions/ instructions given by AHoY Rentals LLC and/or the manuals. Renter will be liable for all damages resulting from not (fully) complying with the directions/ instructions by AHoY Rentals LLC or the manual.

  12. At the end of the rental period, Renter will surrender the vessel to AHoY Rentals LLC at the agreed place and time. The vessel, including its inventory, shall be returned in the same state as it was at the beginning of the rental period.

 

Article 6: Credit Card and Payment

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  1. Renters authorize AHoY Rentals LLC to charge the credit card on file used to rent the boat up to 5 days after the rental period. Renter will pay the agreed on rental rate, damages or late charges.

  2. A Renter who has a membership with AHoY Rentals LLC will pay this amount once upon commencement of the membership. The deposit will be returned to Renter within 10 working days after the end of the membership. Members pay through direct debit or Credit Card.

  3. AHoY Rentals LLC is entitled to fully or partly keep the deposit in case of damage or when Renter does not return the vessel to AHoY Rentals LLC at the agreed-on time or in case of extension. Extra and/or surplus sailing time will be settled with the deposit in proportion in which 15-minute time-blocks will be used.

  4. Should Renter not pay any rent due he is assumed to be in default. AHoY Rentals LLC may then terminate the rental agreement permission and revoke the vessel immediately. AHoY Rentals LLC is entitled to charge the legal interest on the amount due. Any costs AHoY Rentals LLC incurs – both judicially and extra judicially – in the process of obtaining Renter’s payment, are at Renter’s expense.

 

Article 7: Damage and Liability

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  1. As a Renter, you are responsible for leaving the Boat in the condition it was in when you arrived. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to the Boat. In the event that a Boat Owner claims otherwise and provides evidence of damage, including but not limited to, photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty-eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your AHoY Rentals LLC Account. AHoY Rentals LLC also reserves the right to charge the credit card on file in your AHoY Rentals LLC Account, or otherwise collect payment from you and pursue any avenues available to AHoY Rentals LLC in this regard, including using Security Deposits, in situations in which you have been determined, in AHoY Rentals LLC’s sole discretion, to have damaged the Boat, including, but not limited to, in relation to any payment requests made by Boat Owner, and in relation to any payments made by AHoY Rentals LLC to Boat Owners. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Boat to the applicable Boat Owner or to AHoY Rentals LLC (if applicable).

  2. Renter agrees to cooperate with and assist AHoY Rentals LLC in good faith, and to provide AHoY Rentals LLC with such information and take such actions as may be reasonably requested by AHoY Rentals LLC, in connection with any complaints or claims made by Members relating to Boats or any personal or other property located at a Boat or with respect to any investigation undertaken by AHoY Rentals LLC or a representative of AHoY Rentals LLC  regarding use or abuse of the Site, Application or the Services. If you are a Renter, upon AHoY Rentals LLC’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Boat Owner, at no cost to you, which process will be conducted by AHoY Rentals LLC or a third party selected by AHoY Rentals LLC, with respect to any and all losses whether its property or third party liability for which the Boat Owner is requesting payment from AHoY Rentals LLC under these terms.

  3. Renter is liable for damage to the vessel as well as any damages caused by him or any member of his party to a third party within the rental period.

  4. Renter is fully liable for all (subsequent) damage he causes should he use the vessel outside the agreed-on navigation area.

  5. Unless reduced liability insurance is purchased at the time of booking, the customer is fully (100%) responsible for any damages to our boats. AHoY Rentals LLC is entitled to have the vessels brought back to the same state and conditions at Renter's expense. Failure to accept or pay damages by the Renter within 30 days means Ahoy reserve rights to transfer the Renter to collections by local authority. Insurance liability does not apply to club members, club members are always 100% responsible.

  6. AHoY Rentals LLC cannot be held liable for any personal injury or (subsequent) damage, regardless of the cause of said injury or damage, before, during, or resulting from the agreement between AHoY Rentals LLC and Renter, unless it is firmly established that this injury or damage was caused by AHoY Rentals LLC or its subordinates through intent or gross negligence. AHoY Rentals LLC's liability is always limited to at most the amount of the rental agreement.

  7. AHoY Rentals LLC is not liable for the loss and/or damage to any items brought onto the vessel by Renter.

  8. Renters are required to read and agree to AHoY’s WAIVER AND RELEASE OF LIABILITY AGREEMENT

 

Article 8. Cancellation Policy 

 

Cancellations made 21 days or more in advance of the start date of the rental period will receive a 100% refund. Cancellations made within 21 to 7 days of the start date will receive a 50% refund and a 50% credit towards a future reservation. Cancellations made within 7 days to the rental period will receive a 100% credit towards a future rental. If a Small Craft Advisory has been issued in Seattle, WA the reservation will be canceled and the Renter will receive a 100% refund.


 

Article 9.  Disputes

 

Should the Owner and Renter be unable to reconcile any differences that may arise with respect to this Agreement, such dispute shall be referred to a sole arbitrator to be by The Boat Rental Co.. The decision in writing signed by the arbitrator shall be final and binding upon both Owner and Renter and may be binding in any court of competent jurisdiction. The expense and fees in connection with such arbitration shall be equally divided between the parties unless the arbitrator decides otherwise. All disputes or disagreements to be settled in Seattle, Washington applying the law of Washington to the extent it is not preempted by general maritime law.

 

 

 

 

Site Restrictions, Use, Terms

 

General Site Use Conditions

You may access this Web site to obtain information, check suitability, availability and to make legitimate reservations or purchases of vacations, and related products and services.

 

You may print off one copy only of any individual page for your own personal use. This includes making copies solely for the purpose of storing the same into a cache memory or copies made when the file is downloaded, as long as you do not do any of the things detailed under "What you are not allowed to do".

 

Customer’s Responsibility 

You represent that you are of sufficient legal age to use this site, and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this Web site by yourself, and those using your login information. In order to rent and/or operate a boat, you must be at least 18 years old.  

 

General 

You are not allowed to copy any material from this Web site for any other commercial purpose. You are not allowed to remove any copyright, trademark or other intellectual property notices or watermark contained in the original material or from any material copied or printed from the Web site.

 

You are not allowed to copy (whether by printing onto paper, storing on disk or any other way), distribute (including distributing copies), tamper with or alter in any way or otherwise use any material contained in this Web site except as set out above in "What you are allowed to do".

 

You are not allowed to use the Website for any activities that breach any laws, infringe any other parties’ rights, or breach any standards, content requirements or codes published by any relevant authority.

 

You are not allowed to use the site in any way that interferes with our systems, other users or harasses menaces or harms anyone. You will indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of, or in any way connected with, use of the site by you or any other person using your login information.

 

You are not allowed to use the site to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.

 

Ownership, Copyrights and Trademarks 

This Web site consists of images, texts, formats and styles of presentation, software (including HTML code) and material analogous to it ("Material"). All copyright and other moral, ownership and intellectual property rights capable of subsisting in the Material or derivatives of it from time to time is either owned exclusively by or is licensed to AHoY Rentals LLC 

 

You acknowledge our rights to the Material. Save as provided elsewhere in these Terms you must not copy, modify, manipulate, transmit, perform, publish, display license or create derivative works from Material accessed through this Web site. Where copying or transmission is expressly permitted, you must not display any author attribution or copyright notice.

 

Privacy 

 

See AHoY Rentals LLC’s Privacy Policy at (INSERT LINK) for information and notices concerning AHoY Rentals LLC’s collection and use of your personal information.

 

Disclaimers 

 

IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT AHoY Rentals LLC DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AHoY Rentals LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AHoY Rentals LLC MAKES NO WARRANTY THAT THE SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY BOATS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AHoY Rentals LLC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, BOATS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AHoY Rentals LLC OR THROUGH THE SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR RENTERS. YOU UNDERSTAND THAT AHoY Rentals LLC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT ANY BOATS. AHoY Rentals LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RENTERS AND OWNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY AHoY Rentals LLC 

 

NOTWITHSTANDING AHoY Rentals LLC’S APPOINTMENT AS THE LIMITED AGENT OF THE OWNERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM RENTERS ON BEHALF OF THE OWNERS, AHoY Rentals LLC EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RENTER OR OTHER THIRD PARTY.

 

YOU ARE STRICTLY AND SOLELY LIABLE FOR ANY LOSS, BY YOURSELF OR  ANY OTHER USER(S) OF THE VESSEL.

 

Changes to these Terms and Conditions 

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We may at any time change or modify all or any part of these Terms. By browsing this Web site you are accepting that you are bound by the terms and conditions and disclaimer current at that time, so you should check these each time you visit the site.

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Please note that these Terms are distinct and separate from the Booking Terms and Conditions (or other specific conditions) that must be accepted by you before we agree to offer any products or services to you through this Web site. If you have any questions, please feel free to contact us.

 

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 SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF AND USE OF ANY BOATS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER AHoY Rentals LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, 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 SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, OR FROM YOUR LISTING, BOOKING, OR USE OF ANY BOAT VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT AHoY Rentals LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OWNERS PURSUANT TO THESE TERMS, IN NO EVENT WILL AHoY Rentals LLC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING OR USE OF ANY BOAT VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY BOAT OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE AN OWNER, THE AMOUNTS PAID BY AHoY Rentals LLC TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($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 BARGAIN BETWEEN AHoY Rentals LLC 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.

 

Indemnification 

 

You agree to release, defend, indemnify, and hold AHoY Rentals LLC 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 Services or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking or use of a Boat, (iii) creation of a Listing or (iv) the use, condition or rental of a Boat 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 a Boat.

 

Entire Agreement 

 

These Terms constitute the entire and exclusive understanding and agreement between AHoY Rentals LLC and you regarding the Services, Collective Content, and any bookings or Listings of Boats made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between AHoY Rentals LLC and you regarding the foregoing.


 

Dispute Resolution 

 

You and AHoY Rentals LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “ Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND AHoY Rentals LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and AHoY Rentals LLC otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution" section will survive any termination of these Terms.

Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules") then in effect, except as modified by this “Dispute Resolution" section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

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Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

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Arbitration Location and Procedure. Unless you and AHoY Rentals LLC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and AHoY Rentals LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

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Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the “Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. AHoY Rentals LLC will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.

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Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, AHoY Rentals LLC will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of the “Modification" section above, if AHoY Rentals LLC changes this “Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (via a support ticket within 30 days of the date such change became effective, as indicated in the “Last Updated Date" above or in the date of AHoY Rentals LLC’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and AHoY Rentals LLC in accordance with the provisions of this “Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

Assignment 

 

You may not assign or transfer these Terms, by operation of law or otherwise, without AHoY Rentals LLC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. AHoY Rentals LLC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Notices

 

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by AHoY Rentals LLC (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

Controlling Laws and Jurisdiction 

 

These Terms will be interpreted in accordance with the laws of the State of Washington and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in King County, Seattle, Washington or a United States District Court, Western District of Washington located in Seattle, Washington for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.


 

General 

 

The failure of AHoY Rentals LLC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of AHoY Rentals LLC Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.


 

Contact 

 

If you have any questions about these Terms of Service, please send a message to the contact@ahoy.rent

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