The Captains, not LureBoats, are solely responsible for honoring any confirmed bookings and making available any Boat trips reserved through the Site, Application and Services. If you, as a Customer, choose to enter into a transaction with a Captain for the booking of an Boat trip, you agree and understand that you will be required to enter into an agreement with the Captain and you agree to accept any terms, conditions, rules and restrictions associated with such Boat trip imposed by the Captain. You acknowledge and agree that you, and not LureBoats, will be responsible for performing the obligations of any such agreements, that LureBoats is not a party to such agreements, and that, with the exception of its payment obligations hereunder, LureBoats disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that LureBoats is not a party to the agreement between you and the Captain, LureBoats Payments acts as the Captain's payment collection agent for the limited purpose of accepting payments from you on behalf of the Captain. Upon your payment of the Total Fees to LureBoats, your payment obligation to the Captain for the Boat trip Fees is extinguished, and LureBoats is responsible for remitting the Boat trip Fees (less the Captain Fees and any Taxes in respect of the Captain Fees), in the manner described in these Terms. In the event that LureBoats Payments does not remit any such amounts as described in these Terms, such Captain will have recourse only against such LureBoats entity.
The Total Fees payable will be displayed to a Customer before the Customer sends a booking request to a Captain. As noted above, the Captain is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Captain), any amounts collected by LureBoats Payments will be refunded to such Customer, depending on the selections the Customer makes via the Site and Application, and any pre-authorization of such Customer's credit card will be released, if applicable.
You as a Customer agree to pay LureBoats for the Total Fees for any booking requested in connection with your LureBoats Account if such requested bookings are confirmed by the applicable Captain. In order to establish a booking pending the applicable Captain's confirmation of your requested booking, you understand and agree that LureBoats Payments, on behalf of the Captain, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. As a general rule, LureBoats Payments will collect the Total Fees due once LureBoats receives confirmation of your booking from the applicable Captain; if necessary, Total Fees may instead be collected at a later point. Please note that LureBoats cannot control any fees that may be charged to a Customer by his or her bank related to LureBoats's collection of the Total Fees, and LureBoats disclaims all liability in this regard.
Captains may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Boat trip. If a Security Deposit is included in a Listing for a confirmed booking of an Boat trip, and a Captain makes a claim against such Security Deposit, LureBoats Payments will, in its capacity as the payment collection agent of the Captain, use its commercially reasonable efforts to charge the Customer's payment method in the amount of the Security Deposit, within a reasonable period of time after the Customer's check-out from the Captain's Boat trip. LureBoats will also use its commercially reasonable efforts to address Captains' requests and claims related to Security Deposits, but LureBoats is not responsible for administering or accepting any claims by Captains related to Security Deposits, and disclaims any and all liability in this regard.
Payment Processing ErrorsWe will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
DisclaimersIF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT LUREBOATS DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND CAPTAINS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LUREBOATS 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. LUREBOATS MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY BOAT TRIPS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LUREBOATS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, BOAT TRIPS, CAPTAINS, CUSTOMERS, YOUR ACCRUAL OF LUREBOATS TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
Limitation of LiabilityYOU 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, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY BOAT TRIPS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF LUREBOATS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER LUREBOATS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM 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, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY BOAT TRIP VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LUREBOATS 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.
IndemnificationYou agree to release, defend, indemnify, and hold LureBoats 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, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Boat trip, or (iii) creation of a Listing; (d) the use, condition or rental of an Boat trip 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 trip; and (e) your participation in the Referral Program or your accrual of any LureBoats Travel Credits.
Definitions:Lure, LLC is DBA LureBoats