EFFECTIVE Oct 25, 2023
Your Relationship with AnchorsBook
You accept the Terms by: (i) clicking to accept or agree to the Terms, where this option is made available to you by AnchorsBook in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), you understand and agree that AnchorsBook treats your use of the Services as acceptance of the Terms from that point onward.
AnchorsBook reserves the right, at its discretion, to change, modify, add or remove any of the Terms, in whole or in part, at any time. Please check the Services and the Terms periodically for changes. Your use of the Services after such modified Terms are posted will mean that you accept such Terms.
ANCHORSBOOK IS A VENUE AND IS NOT A PARTY TO ANY RENTAL AGREEMENT OR OTHER TRANSACTION BETWEEN USERS OF THE SERVICES.
AnchorsBook is Only a Venue. AnchorsBook acts as a venue for users of the Services as renters (“Renters”) and watercraft owners (“Vendors”) (Vendors and Renters, each a “User” and together, “Users”) to view and post available watercrafts to facilitate the rental of such watercrafts. AnchorsBook is not a party to any actual agreement or transaction between Renters and Vendors even though we may from time to time provide tools that relate to a booking, such as a tool to enable a Renter to enter into a transaction to rent a specific watercraft directly from a Vendor and payment services to facilitate the booking. As a result, AnchorsBook has no control over the accuracy or correctness of the content or information provided or used by such Renters and Vendors. Any part of an actual or potential transaction between a Renter and a Vendor, including the condition, quality, safety or legality of the watercrafts advertised, the truth or accuracy of the listings (including the content thereof or any review related thereto), the ability of Vendors to rent a watercraft to a Renter, or the ability of Renters to pay for or operate watercraft rentals are solely the responsibility of each User. Vendor acknowledges and agrees that Vendor is solely responsible for the compliance and safety of the Renter(s) who rent Vendor’s watercraft(s).
You acknowledge and agree to take all reasonable precautions in ensuring the accuracy and reliability of any User generated content. We are also not responsible for the condition of any watercrafts listed on the Services or the compliance with laws, rules or regulations that may be applicable to watercraft operation, maintenance, rental or charter in any jurisdiction. As between AnchorsBook and Vendors, Vendor acknowledges and agrees that Vendor is solely responsible for ensuring compliance with laws, rules or regulations that may be applicable to watercraft operation, maintenance, rental or charter in the jurisdiction in which Vendor operates or is otherwise located. Renters should satisfy themselves that any watercraft rented complies with any legal or safety requirements for such rental, and Renters and Vendors have exclusive responsibility for such compliance. Without limiting the foregoing, Vendors and Renters are solely responsible for their own compliance with any legal and/or safety requirements in place in your applicable jurisdiction in light of applicable health and/or travel advisories. Vendors are responsible for determining if renting a watercraft is permissible and, if so, for providing their watercraft in sanitary condition for Renters and with appropriate sanitation supplies for Renters to clean the watercraft after use. Renters are responsible for returning any rented watercraft in sanitary condition using the sanitation supplies provided by the Vendor.
Separate Agreements. Users acknowledge and agree that you will be required to enter into a separate agreement and/or waiver, directly between the Renter and Vendor, prior to making a booking or purchasing a product or service and such agreement and/or waiver may place additional restrictions on your booking, product, or service. Any separate agreements and/or waivers relating to the rental of a watercraft or related products or services are under the sole control of any Vendor or provider and Renter.
All Renters, regardless of extra waivers Vendors might require, are subject to the AnchorsBook waiver (Renters Agreement) below upon accepting/paying for a rental or charter:
Renter & Vendor Agreement:
- General Conditions
There are many risks and dangers associated with boating and activities around and in the water. There are risks of collisions, falls, injuries to spine, arms and legs, pinching, drowning, and death that can arise from the negligence of others, your own negligence, weather conditions, acts of God, water conditions and your own experience and abilities.
For your own safety and the safety of your friends and family who may be participating in your rental activity it is important that you understand the risks and explain and manage them to every member of your party.
- Acknowledgement of Risks
I/We acknowledge that the following lists of hazards describe some but not all of the potential risks or injuries while boating. Changing water depth, currents, wave height and direction, boat wake, changing weather, wind, lightning, motion sickness, collision with objects in water, other watercraft, docks & shore walls. Injuries from falls, strain on joints, neck or spine from pounding of waves or collisions Injuries from capsizing, hypothermia, exposure to water and sun or falling in or from boat. Risks can be reduced or influenced by operator’s condition, experience, tiredness, coordination, balance, disability, alcohol or drug impairment, focus and group size. If an operator at any time feels that conditions of the environment have become a hazard to the safe operation, they will return to port immediately. Any owner/vendor listing, operating, or profiting in any form from charters ensure the captain(s) they provide are Transport Canada certified for charters, and carry the appropriate licenses for captaining charters in the province you are in.
- Assumption of Risk and Liabilities
I/We agree to assume responsibility for all risks including those listed and others not identified. My participation in the activity is voluntary. All participants in my party have been made aware of the risks and I will be responsible for them. I am not impaired by alcohol or drugs and I do not have any disability or condition that may impair my safe operation of the watercraft. We elect to participate in the rental use in spite of the risks and potential dangers of operation on and around the water. We understand that at the total discretion of AnchorsBook this rental agreement can be terminated when and if there is a question as to the competency or condition of the operator or when weather conditions prevent the safe operation of the watercraft. I/We understand that any film, video, photo or image of me/us while operating the rental watercraft may be used for promotional or social media purposes.
- Release of Liability
- In consideration for the services provided by AnchorsBook in the rental of a watercraft, I/We for myself and any minor children for which I am a parent or guardian and any guests that I may be entertaining, or any representative or heir agree that AnchorsBook shall have no liability for any injury, death, or damage however caused by operation of the watercraft and I/We release and discharge AnchorsBook and its insurer for any damages or injuries however caused.
- Renter-Vendor waiver/agreement conditions
Our motto is “Easy Watercraft Rentals” but our goal is for you to have a safe yet fun experience.
- Minimum age for a rental is 21+, or boat charter with captain is 18+ years old
- A valid ID must be presented at the start of a rental
- Damage deposit does not limit the renter’s liability in the case of a severe or total loss of self-drive rentals. Negligent or purposeful damage to a boat charter facility or rental may result in cancellation during the rental by the vendor.
- AnchorsBook or the vendor has the right to refuse rental in the event that there is a weather situation that would pose a risk to the renter. This could include limiting the rental agreement to a geographic area or day part or full cancellation. Conditions for weather cancellations include wind speeds or gusts greater than 25 kph or 13 knots and wave heights in excess of 1 meter. Rain or overcast will not normally be a situation that would cancel a rental agreement. Orders from the coast guard may also result in a cancellation.
- Mandatory safety equipment is included in each rental. Do not remove these from the vessel or PWC unless in an emergency. There is a personal floatation device for each occupant of the vessel and it is recommended that they be used throughout the use
- As an operator in charge of a self-driven watercraft you must be attentive at all times to your actions, your guest’s actions and behavior, other boaters, swimmers, objects in water, depth of water and changing weather conditions. Renter will have a cell phone on their person if self-driving.
Release and Indemnity. IN THE EVENT OF A DISPUTE BETWEEN A RENTER AND A VENDOR, VENDOR AND RENTER, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS ANCHORSBOOK AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “ANCHORSBOOK PARTIES”) FROM ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), FINES, PENALTIES AND OTHER COSTS OR EXPENSES, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, THE “CLAIMS”), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OVER BREACH OF THIS AGREEMENT, BREACH OF ANY SEPARATE AGREEMENT OR TRANSACTION, AND/OR THE SUBSTITUTION OF RENTAL UNITS. FURTHER, VENDOR AND RENTER EACH HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE ANCHORSBOOK PARTIES FROM ANY CLAIMS BROUGHT AS A RESULT OF VENDOR AND/OR RENTER’S (1) BREACH OF THE TERMS, (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND (3) USE OF THE SERVICES.
Insurance. All vendors and listings are covered by Insurance provided by the vendor for their listing. AnchorsBook is not a party to any contract for insurance facilitated through any link to a third party insurance provider advertising on the Services, and is not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract for insurance facilitated through such link. Insurance coverage may be provided through a third-party independent insurance producer not affiliated with AnchorsBook. AnchorsBook does not act as a broker, agent or consultant in the sale of insurance, is not endorsing or recommending any particular insurer or terms of coverage, and is merely providing a link for you, if you wish, to transact a contract for insurance with a third-party provider. Any contract for insurance is solely between you, as the insured, and such insurer as you and the third-party insurance provider agree shall act as the insurer. AnchorsBook has no control over and makes no representations regarding the coverage of any insurance you may purchase from a third-party insurance provider. You acknowledge and agree that AnchorsBook assumes no responsibility or liability for any claims or disputes arising from, or related to, a contract for insurance facilitated through such link. You also acknowledge and agree that AnchorsBook shall not be included as a party to any such claims or disputes.
Your Use of Services
Conditions of Self Drive Rental Use. As a condition of your use of the Services, you expressly represent and warrant that (i) if you will be operating a watercraft, you are responsible for ensuring that you are sufficiency skilled in the operation of the watercraft and legally authorized to operate a watercraft in the state in which you are renting and you will not allow any other occupants of the watercraft to operate the watercraft unless they are each of sufficient skill and legally authorized to operate a watercraft in the state in which you are renting; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use the Services in accordance with the Terms; (iv) you will only use the Services to post or view, as applicable, available watercraft rentals or transact legitimate watercraft rentals for you or for another person for whom you are legally authorized to act with other Users; (v) you will inform such other persons about the terms and conditions that apply to the watercraft rental you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto; (vi) if you are booking a rental on behalf of another person, you are individually responsible for ensuring that such other person is a party to the separate agreement for the rental of the watercraft; (vii) all information supplied by you to AnchorsBook is true, accurate, current and complete, (viii) if you have an AnchorsBook account, you will safeguard your account information, (ix) you are and will remain in compliance with all applicable laws, rules and regulations related to watercraft operation, maintenance, rental or charter, and (x) if you are listing a watercraft for rental, you are either (a) the owner of the watercraft, or (b) a representative authorized to act on behalf of the owner of the watercraft. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services. Without limiting the foregoing, the Services are not available to children (persons under the age of 21). By using the Services, you represent and warrant that you are at least 21 years old. AnchorsBook retains the right at its sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of the Terms.
You agree that you will only use the Services for lawful purposes.
Please keep in mind that we will treat anyone who uses your user name and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of the person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password or otherwise obtaining access to the Services in this or any other inappropriate manner.
Establishing Payment Account. As a Renter, you are responsible for opening an account, providing payment authorizations for bookings and paying for Services according to these Terms, as well as others which may be included at the time of booking. You agree to provide all requested information, including a credit card to be used for pre-authorization/reserve and payment/capture for Services. Payment for a booking will be made by AnchorsBook directly to the Vendor who posted the listing or responded to a request.
Deposits. Renters are responsible for leaving the rented watercraft in the same condition it was in before you rented it. Renters acknowledge and agree that you are responsible for all acts and omissions of you and your guests on the watercraft that affect the condition of the watercraft. In the event a Vendor claims and provides evidence of damage to the watercraft, you agree that AnchorsBook shall be entitled to not refund a deposit to your credit card to cover the cost of the damage, as established after reasonable investigation. We will notify you of any damage claim made by a Vendor related to your rental and you will have an opportunity to respond, as set forth in such notice. We will only refuse refunding a deposit to Renter’s payment method after the rental is complete if the Vendor has made a claim and the deposit amount has been deemed appropriate after investigation of the claim.
Vendor Service Charge. We charge a service fee from our Vendors for using AnchorsBook to get customers and bookings. We reserve the right to round up amounts to the nearest whole dollar (for example, $202.60 will be rounded to $203). We will process any necessary currency conversion (AnchorsBook charges in AED, USD, or CDN) based upon Renter’s currency on the day the credit card is charged. We reserve the right to adjust the conversion rate based upon when the payout is made to the Vendor. The vendor service fee and any conversion fee constitute “Transaction Fees.” AnchorsBook reserves the right to adjust its Transaction Fees at any time.
Payments to Vendors. Payment to Vendors for accepted bookings will be made net 30 days from the date of the completed reservation. Notwithstanding, in limited circumstances, on a case-by-case basis, in its sole discretion, AnchorsBook may elect to pay a Vendor a portion of the accepted booking after the reservation is made and the remaining portion of the accepted booking net 30 days from the date of the completed (fully paid) reservation. If, after Vendor has been paid any portion of the accepted booking by AnchorsBook, an accepted booking is cancelled or terminated for any reason by either Vendor or Renter before the reservation is completed, Vendor shall return to AnchorsBook all sums advanced by AnchorsBook for such reservation immediately (within five (5) days) upon receiving written demand for same. Vendor further agrees that AnchorsBook is not liable for any damages Vendor may incur as a result of such cancellation and/or having to return such funds. If Vendor fails to timely refund said sums, AnchorsBook shall also be entitled to interest on said sums at the rate of 18% per annum, or the highest rate allowed by law, whichever is lower, and all of AnchorBook’s attorneys’ fees and costs of court.
If a Vendor does not respond to a booking inquiry, AnchorsBook reserves the right to transfer the booking and associated payment to another Vendor on Renter’s behalf. AnchorsBook reserves the right to hold payment to Vendors if AnchorsBook suspects there has been fraud or other suspicious activity in connection with the rental or payment. Unacceptable payment methods that may be posted on the Services may result in the immediate removal of the non-conforming listing from the Services without notice to the Vendor and without refund. Unacceptable payment methods are those methods that may pose a risk of fraud, identify theft, or breach of privacy.
Substitution of Rental Units. Renter understands and acknowledges that boats/other water craft reserved may, from time to time, be subsequently damaged or otherwise become in need of repair before the reservation is commenced. If a Vendor is unable to provide the reserved unit to Renter due to it being unavailable, Vendor may provide Renter with a substitute unit that is similar in age, size, model, and value as the reserved boat/other water craft. Vendor shall provide Renter with notice of the need for a substitution of unit(s) as soon as reasonably possible, as well as provide Renter with pictures and a description of the substitute unit upon request. If Vendor is unable to provide Renter with a similar substitute unit (as described herein), Renter may elect to cancel the reservation any time before it is commenced and, as its sole remedy, obtain a refund in accordance with the Refund Policy as if the Vendor had cancelled the reservation. Renter shall not be entitled to any refund, and shall be obligated to pay all sums owed, if Vendor offers Renter a similar unit (as described herein) and Renter nevertheless refuses to complete and/or terminates the reservation. If there is a dispute between Renter and Vendor as to whether the substitute unit offered by Vendor is sufficiently similar to the unit reserved by Renter, AnchorsBook shall make the final determination, in its sole discretion, and Renter and Vendor agree to abide by AnchorsBook’s determination.
ANY DIRECT OR INDIRECT EXCHANGE OF MONEY BETWEEN RENTERS AND VENDORS OTHER THAN PAYMENT THROUGH ANCHORSBOOK IS A VIOLATION OF THESE TERMS.
Taxes. All prices have taxes for their local region included by the vendors. The rental/booking fee and any additional expenses may be subject to applicable local, federal and state taxes. Commencing with bookings made on and after date set forth after “Effective” set forth on the first page above, AnchorsBook will in some locations, as AnchorsBook phases in its tax collection and reporting system, charge and collect from the Renter all applicable taxes AnchorsBook is required to collect and which are imposed by a governmental authority on the rental amount and other charges that are included in the base on which such taxes are imposed and that payable by the Renter through the Services. In some jurisdictions, AnchorsBook may not begin collecting on the Effective date shown above or in others may not be required to collect taxes, and as provided below it is the Vendor’s responsibility to collect and remit any such taxes imposed on the rental amount that AnchorsBook does not charge and collect. To the extent charged and collected from the Renter by AnchorsBook, the Vendor should not charge and collect the same amount of such taxes from the Renter. AnchorsBook will make the determination of the applicable amount to be charged based on the zip code of the Vendor on file with AnchorsBook unless and until the Vendor advises AnchorsBook in writing of a change the location of where the watercraft will be delivered to a Renter. If the change in location results in an increase in the amount of applicable taxes that should have been charged to and collected from the Renter, the Renter’s credit card will be charged for such excess.
Except to the extent provided herein or in the Vendor Interface Agreement located in the Terms of Service, the Vendor accepting the booking is solely responsible for the collection, reporting, and payment of applicable taxes where those taxes are not being collected and remitted by AnchorsBook. AnchorsBook will charge applicable taxes to Renter’s payment method at the time of booking and later in the event circumstances require a change. To the extent not charged and collected by AnchorsBook, Vendors are responsible for determining applicable taxes and should consult with your own legal/tax adviser about any tax questions in this regard. For Vendors based in the European Union, it is your responsibility to include VAT in the price of the booking and you will be responsible for reporting VAT.
Cancellation and Refund Policy. If Vendor cancels an accepted rental before the rental is commenced, Renter shall be refunded all sums paid to AnchorsBook for the rental.
If Renter cancels an accepted rental before the rental is commenced, Renter shall be refunded all sums paid to AnchorsBook for the rental, less a 10% service fee, amounting to only 90% of total sums paid. Vendors may optionally set their own policy for when customer cancels early (found in their listing).
Vendor understands and acknowledges that AnchorsBook acts merely as a conduit for reservations and payments between Renters and Vendors, and Vendor assumes all rental payment risk. IF A RENTER OBTAINS A CREDIT CARD CHARGEBACK AGAINST ANCHORSBOOK, FOR ANY REASON, AND ANCHORSBOOK HAS ALREADY PAID ALL OR A PORTION OF SUCH AMOUNT TO VENDOR, THEN VENDOR SHALL IMMEDIATELY (WITHIN FIVE (5) DAYS UPON RECEIVING WRITTEN DEMAND FOR SAME) RETURN TO ANCHORSBOOK ALL SUCH AMOUNTS.
Use of Services. The content and information on AnchorsBook’s Services (including, but not limited to, price and availability of watercrafts listed in any inventory database), as well as the infrastructure used to provide such content and information, is proprietary to AnchorsBook, its licensors, its suppliers and providers. While you may make limited copies of your booking documents (and related documents) for watercraft rentals booked through the Services, you agree not to and you have no right to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, content, products, or services obtained from or through the Services. Additionally, you agree not to:
- use the Services or its contents for any commercial purpose without our express written permission;
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Services or the data contained therein;
- attempt to gain unauthorized access to the Services or its related systems or networks;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of the Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
- take any action that imposes, or may impose, in AnchorsBook’s discretion, an unreasonable or disproportionately large load on AnchorsBook’s infrastructure;
- deep-link to any portion of the Services (including, without limitation, the purchase path for any watercraft rental reservation) for any purpose without our express written permission; or
- “frame”, “mirror” or otherwise incorporate any part of the Services into any other website or service without our prior written authorization.
AGREEMENT TO ARBITRATE DISPUTES
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH ANCHORSBOOK ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against AnchorsBook on an individual basis in arbitration, as set forth below. This will preclude you from bringing any class, collective, or representative action against AnchorsBook, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against AnchorsBook by someone else.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by emailing firstname.lastname@example.org and saying “I opt out of arbitration” in the email within 30 days of first registering your account.
You and AnchorsBook agree that any dispute, claim or controversy (“Claim”) arising out of or relating to this agreement between you and AnchorsBook, including (without limitation) Claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law and (except as otherwise specifically provided in this Agreement) Claims relating to the existence, breach, termination, enforcement, interpretation or validity of this agreement (including the validity of this arbitration clause), shall be settled by binding arbitration administered by the Ontario Arbitration Association, https://adr-ontario.ca/, (the “Administrator”), and not in a court of law (excluding solely non-monetary injunctive or equitable relief as provided below). The Administrator provides information about arbitration, its arbitration rules and procedures, fee schedule and claims forms on its web site or by mail as set forth above. The Administrator will apply the rules and procedures in effect and applicable to the claim at the time the arbitration is filed. The Claim will be heard before a single arbitrator. The arbitration will not be consolidated with any other arbitration proceedings. The arbitrator shall not have any authority to entertain a claim, or to award any relief, on behalf of or against anyone other than a named party to the arbitration proceeding. The Administrator shall resolve each dispute in accordance with applicable law. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
You consent to electronic service of process, with service to be made to the email address we have on record for your account.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND ANCHORSBOOK 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. UNLESS BOTH YOU AND ANCHORSBOOK OTHERWISE AGREE IN WRITING, ANY ARBITRATION OR OTHER LEGAL PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Notwithstanding mandatory arbitration as provided above, you and AnchorsBook each retain the right to seek solely non-monetary 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 agree that any and all communications and evidence related to any dispute ultimately resolved by arbitration or mediation with the Administrator arising out of or relating to this agreement shall be held and will remain confidential, and that you will not take any action that will harm the reputation of any of the other parties to the arbitration or mediation or AnchorsBook or which would reasonably be expected to lead to unwanted or unfavorable publicity to and of the parties, AnchorsBook or other entities involved in or incidental to the arbitration or mediation. You understand that those parties and entities include but are not limited to the claimant, respondent, witnesses, and AnchorsBook.
Notwithstanding any choice of law or other provision in this agreement parties agree and acknowledge that this arbitration clause evidences a transaction involving interstate commerce and that the
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each Renter or Vendor’s purported identity. Notwithstanding the foregoing, you agree that you will provide us or the Vendor with whom you book a rental whatever proof of identity we may reasonably request.
You agree to (i) keep your password and online ID for both your AnchorsBook account and your email account secure and strictly confidential, (ii) notify us immediately and select a new online ID and password if you believe your password for either your AnchorsBook account or your email account may have become known to an unauthorized person, and (iii) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your AnchorsBook account and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your AnchorsBook account or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
Exclusion of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND AND ANCHORSBOOK ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER ANCHORSBOOK NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS NOR SUPPLIERS WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY.
ANCHORSBOOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO RENTERS OR VENDORS THAT:
- THE INFORMATION PROVIDED BY RENTERS OR VENDORS IS TRUE OR CORRECT,
- WATERCRAFT RENTALS WILL BE AVAILABLE AT ADVERTISED DATES, TIMES, LOCATIONS, AND/OR PRICES, INCLUDING PURSUANT TO A CONFIRMED OR PURCHASED RESERVATION,
- WATERCRAFTS WILL BE COMPLIANT WITH ANY LEGAL OR SAFETY REQUIREMENTS,
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
Limitation of Liability
IN NO EVENT WILL ANCHORSBOOK ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE TO RENTERS, VENDORS, OR ANY PARTY FOR:
- ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE, DAMAGES ARISING OUT OF THE USE, AVAILABILITY OR UNAVAILABILITY OF THE SERVICES (INCLUDING BUT NOT LIMITED TO THE UNAVAILABILITY OR CHANGE IN ADVERTISED AND/OR PURCHASED WATERCRAFT RENTALS) OR ANY OTHER SERVICES OR GOODS OBTAINED THROUGH USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED THROUGH THE SERVICE, EVEN IF ANCHORSBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- ANY CHANGES WHICH ANCHORSBOOK MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- YOUR FAILURE TO PROVIDE ANCHORSBOOK WITH ACCURATE ACCOUNT INFORMATION;
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
- ANY BODILY INJURY, DEATH, OR PROPERTY DAMAGE THAT MAY OCCUR AS THE RESULT OF A WATERCRAFTING RELATED ACCIDENT, THE RESERVATION FOR WHICH WAS FACILITATED USING ANCHORSBOOK’S SERVICES. YOU AGREE THAT ANCHORSBOOK IS NOT A PARTY TO ANY CONTRACT OR AGREEMENT FOR WATERCRAFT RENTALS AND IS IN NO WAY RESPONSIBLE FOR INJURIES TO PERSONS OR DAMAGE TO PROPERTY WHICH MAY OCCUR DURING OR RELATED TO A WATERCRAFT RENTAL WHETHER AS A RESULT OF THE NEGLIGENCE OF ANY RENTER, WATERCRAFT OPERATOR, OR VENDOR, OR THE SAFETY OF ANY WATERCRAFT OR FOR ANY OTHER REASON. YOU ACKNOWLEDGE AND AGREE THAT ANCHORSBOOK SHALL HAVE NO LIABILITY RELATED TO YOUR BOOKING AND RENTAL OF A WATERCRAFT, AND ANY SUCH BOOKING AND/OR RENTAL IS MADE AT THE RENTER’S AND VENDOR’S SOLE RISK.
Notwithstanding the Terms, if AnchorsBook is held liable, AnchorsBook entire aggregate liability under or arising out of these Terms or the Services shall be limited to the greater of (a) the service fees you paid to AnchorsBook in connection with your use of the Services (if any), or (b) One-Hundred Dollars (US$100.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so in these jurisdictions the above limitations or exclusions may not apply.
The Services contain proprietary materials such as logos, text, software, photos, video, graphics, music and sound. AnchorsBook is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks. In using the Services, you agree not to upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining AnchorsBook’s prior consent, except you may make limited copies of your booking documents (and related documents) for watercraft rentals booked through the Services.
Unsolicited Ideas and Feedback
From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions.
If you provide any submissions to us, you agree that: (1) we may use or redistribute any such submission and its contents for any purpose and in any way without any compensation to you; (2) there is no obligation for us to review any submission; and (3) there is no obligation to keep any submission confidential.
No Spam, Spyware, or Spoofing
We and our Users do not tolerate spam. You may not use the Site to send spam or otherwise send content that would violate the Terms.
Links to Third-Party Websites or Services
The Services may contain links to other websites, social media platforms or other online services operated by parties other than AnchorsBook (“Third-Party Websites”). AnchorsBook’s links to such other Third-Party Websites is for informational purposes only and does not imply any endorsement of the products, services or material on such Third-Party Websites or any association with their sponsors or operators. You access any Third-Party Websites at your own risk. We are not responsible in any way for such Third-Party Websites or resources. We will not have any liability as a result of your use of such Third-Party Websites and resources, and your use of such sites and resources will not be governed by these Terms.
General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.
Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Assignment. This Agreement, the Terms, the Services and any modifications thereto may not be assigned or in any way transferred by you without the prior written consent of AnchorsBook. AnchorsBook may assign this Agreement, the Terms, and any information you provide without your consent, including, without limitation, in connection with a sale of its business, assets, a merger or other similar transaction.
Governing Law. The terms of this Agreement shall be construed in accordance with the substantive laws of the Province of Ontario, Canada, without giving effect to the principles of conflict or choice of law of such state. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.
Choice of Forum and Venue. You hereby consent to the exclusive jurisdiction and venue of courts in Ontario, Canada, in all disputes arising out of the Terms or relating to the use of the Service.
No Responsibility for Acts of God. AnchorsBook shall not be liable for any delay or failure to perform in connection with any booking, Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, seizure of the watercraft under legal process, adverse weather conditions, inability to obtain fuel, watercraft damage or loss, lack of essential parts or supplies, mechanical problems, illness or incapacitation of crew members, denial of operating or docking approvals, clearances or permits by governmental authority, or any other cause which is beyond the control of AnchorsBook. AnchorsBook is hereby released by a User from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above.
Severability. If any provision of the Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision.
Waiver. No waiver of any of the Terms shall be deemed a waiver of any other such Terms set forth herein.
Entire Agreement. The Terms constitute the entire agreement between you and AnchorsBook with respect to the subject matter covered herein, including use of the Services and any subject matter therein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.
Termination. AnchorsBook may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User’s use of all or any portion of the Services if you breach the Terms, or at any time or for any reason, at the sole discretion of AnchorsBook.
Non-Endorsement. AnchorsBook does not recommend one Vendor over another and does not provide advice to users regarding which Vendor to select for the rentals. All comments or reviews posted by AnchorsBook users, Renters, or Vendors on our Services do not represent the views of AnchorsBook in any way and are not endorsed by AnchorsBook absent a specific written statement to the contrary.
No Relationship. You agree that no joint venture, partnership, agency or employment relationship exists between you and AnchorsBook as a result of this Agreement or use of the Services.
Notice of Claim. You agree that all disputes arising out of the Terms or the use of AnchorsBook’s Services shall be communicated to AnchorsBook in writing within thirty (30) days from the date of the incident causally related to the dispute. You hereby waive your right to any claim against AnchorsBook not communicated as provided by this Section.
Contacting Us. If you have any questions, concerns or comments about this Agreement or our Services, please contact us.
Any rights not expressly granted herein are reserved by AnchorsBook.
Vendor Interface Agreement
Vendor Relationship with AnchorsBook. This Agreement sets forth the Terms and Conditions of Vendor’s use of AnchorsBook’s products, software, services and web Website(s) (collectively “Services”). AnchorsBook means AnchorsBook, Inc. d/b/a AnchorsBook and AnchorsBook.com. (AnchorsBook and Vendor are referred to herein each as a “Party,” and collectively as the “Parties.”) If Vendor does not agree to all of the Terms, Vendor must not use AnchorsBook’s Services. AnchorsBook reserves the right to deny use of its Services to anyone at any time for any reason. Failure to comply with the Terms may result in denial of access to AnchorsBook’s Services and cancellation of Vendor’s AnchorsBook account.
Acceptance. Use of AnchorsBook Services constitutes acceptance of this Agreement. Vendor accepts the Terms and Conditions of this Agreement by: (i) clicking to accept or agree to the Terms and Conditions, where this option is made available by AnchorsBook in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), Vendor understands and agrees that its use of the Services constitutes and denotes acceptance of this Agreement, including all of its Terms and Conditions, from that time onward.
Website Uptime and Display of Vendor-Generated Content. Uptime. AnchorsBook will use commercially reasonable efforts to ensure that interfaces to Vendor and User access to AnchorsBook Services are available without interruption, except for any scheduled down time needed to maintain the effective operation of the AnchorsBook Website and when service interruptions are caused by conditions outside of AnchorsBook’s control. AnchorsBook in no way guarantees that Services will be available without interruption.
Vendor-Generated Content. You understand that all messages, text, postings, files, photos, images or other materials (the “Content”) you post on, transmit through, or link from the Website, are your sole responsibility. You agree that AnchorsBook is only acting as a passive conduit for your online distribution and publication of your Content. More specifically, you are entirely responsible for each individual item of the Content that you make available via the Website. AnchorsBook makes no representation or warranty as to the authenticity, accuracy or completeness of the information contained on the Website. In submitting Content, you represent and warrant that you have sufficient authority and rights to post such Content, and to grant AnchorsBook the rights to use such Content in connection with providing the services.
AnchorsBook is not responsible for any inaccuracy or incompleteness in the information provided by Vendor. It is the Vendor’s obligation to ensure the accuracy of all listing Content (accuracy of watercraft description, seaworthiness of watercraft, qualifications of captain, legal requirements, identification requirements for renters, insurance, etc.). If Vendor discovers that listing details are inaccurate or incorrect, it is the Vendor’s sole responsibility to correct the information in the Vendor account interface or contact a AnchorsBook representative to resolve any such error.
We may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you or giving notice to you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
Posting any Content that AnchorsBook deems threatening, defamatory, infringing, unlawful, abusive, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, profane, libelous, harassing, or otherwise objectionable is prohibited. You also agree to not post Content that violates any third-party rights, including any Intellectual Property Rights, rights of publicity and privacy. AnchorsBook reserves the right to remove Content at its sole discretion.
License. You retain all your rights in your Content. By posting such Content you grant AnchorsBook an irrevocable, sub-licensable, transferable, perpetual, non-exclusive, royalty-free, worldwide license to use, duplicate, modify, publish, list information regarding, alter, translate, distribute, publicly perform, publicly display, and make derivative works of, all such Content and your name, voice and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology now known or developed in the future for use in AnchorsBook’s (and its successors’ and affiliates’) business. You also hereby grant each User of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the use of AnchorsBook’s Service.
Copyright Policy & DMCA Notice of Alleged Infringement
Notification of Copyright Infringement
AnchorsBook, Inc. (“AnchorsBook”) respects the intellectual property rights of others and expects its users to do the same.
It is AnchorsBook’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, AnchorsBook will respond expeditiously to claims of copyright infringement committed using the AnchorsBook website and mobile application (the “Site and Application”) that are reported to AnchorsBook’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to AnchorsBook’s Designated Copyright Agent. Upon receipt of the Notice as described below, AnchorsBook will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you will provide a comprehensive list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to AnchorsBook’s Designated Copyright Agent:Data Protection Officer
c/o AnchorsBook, Inc.
1075 North Service Road West, Unit# 100
Oakville, Ontario L6M2G2
Photographs. If you choose to use the AnchorsBook’s photography service, you agree that AnchorsBook will own all right, title and interest in and to the copyright rights in the resulting images.
Registration. Prior to using Services, Vendor is required to register on the AnchorsBook Website, and perform all actions necessary to comply with the AnchorsBook Website registration requirements and the Terms.
Responsibility for applicable laws, rules and regulations, some of which, such as tax laws, change from time to time and may affect existing bookings Vendors agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to a booking and their use of the Website, their use of any tool, service or product offered on the Website, and any transaction they enter into in connection with their use of the Website.
Vendors further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement of watercrafts, the conduct of their rental business, and the operation of any watercraft advertised on the Website, including but not limited to taxes, including as set forth herein, permit or license requirements, inspection and safety compliance, and verification of Renter identification and travel documentation, as applicable. It is the responsibility of the member to: fully vet, train, and make Renters aware of safety features, and ensure there is insurance coverage for each rental when acting as a captained charter, Vendors must ensure they meet all local regulations and licensing to act as a captained charter. Vendors agree that they must file a dispute or claim in writing or through the AnchorsBook dispute form within 12 hours of booking/rental/charter completion time in the order/booking (failure to do so means that AnchorsBook will assume the order went without issues of any kind, the renter deposit is refunded, and the vendor is no longer able to make a claim or dispute).
User-Vendor Communications. You agree that, with respect to other Vendors’ or Users’ personal information that you obtain directly or indirectly from or through the Website or through any Website-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Website-related communications that are not unsolicited commercial messages, (b) using services offered through the Website, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other Vendor or User related to the purpose of the Website (such as inquiring about or booking an on-line rental and transacting payment). Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give Users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another Vendor or User to any third party without both our consent and the consent of the Vendor or User. You agree that other Vendors or Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect Vendors’ or Users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
No Spam. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Vendor or User, even a User who has rented a watercraft from you, to your mailing list (e-mail or physical mail) without the Vendor’s or User’s express consent. You may not use any tool or service on the Website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Website or through any tool or service provided on the Website and for your use of any personal information of Users you obtain through the Website or otherwise in connection with your participation in the Services.
Content and Layout
All Content and copy edits submitted by Vendors are subject to review and approval at AnchorsBook’s sole discretion. We reserve the right to refuse to publish any Content that we determine, in our sole discretion, does not comply with the Terms or is otherwise unacceptable to us. However, we assume no duty to review Content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, Content and/or photographs or any change made to any Content, photograph or copy submitted by any member. All Content must meet these Terms. We reserve the right to edit Content submitted to the Website in a non-substantive manner solely to cause the Content to comply with our Content guidelines or formatting requirements. Vendors are responsible for reviewing and ensuring that any Content displayed on the Website appears as the Vendor intended.
Vendor (the “Indemnifying Party”) will defend and indemnify AnchorsBook (the “Indemnified Party”) against any and all claims, losses, costs and expenses, including reasonable attorneys’ fees, that the Indemnified Party may incur as a result of claims in any form by third parties arising from: (a) the Indemnifying Party’s intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements); (b) the Indemnifying Party’s breach of any representation, warranty or covenant set forth herein; (c) the infringement of any third party’s intellectual property by any trademarks or other intellectual property provided by the Indemnifying Party to the Indemnified Party; and (d) the Indemnifying Party’s failure to collect all taxes, fees and charges that may be applicable to the watercraft rental services being offered for sale by the Indemnifying Party to the extent those taxes were as a result of the Indemnifying Party’s failure to notify the Indemnified Party of the change in location of delivery of the watercraft to the renter and such location resulted in a change in applicable taxes (see next section).
Commencing with bookings made on and after the date set forth at the top of the first page AnchorsBook will commence in some jurisdictions to charge and collect from the User all applicable state, local taxes or other taxes, including VAT, that AnchorsBook is required by law to collect which may not include all applicable taxes on the rental amount and other charges made to the User through AnchorsBook. The collection approach will be implemented over time and not it will not be implemented in every jurisdiction on the date noted. AnchorsBook will notify Vendors in affected jurisdictions on the date it will commence charging and collecting in the jurisdiction that includes the Vendor’s zip code. Pursuant to this agreement when AnchorsBook commences collection of such taxes, you instruct and authorize AnchorsBook to collect such taxes on your behalf, and to remit such taxes to the relevant authority. Any taxes that are collected and remitted by AnchorsBook will be are identified to Vendors on their transaction records, as applicable. AnchorsBook may charge and collect additional amounts from Vendors (including by deducting such amounts from future payouts) in the event that the taxes collected and/or remitted are insufficient to fully discharge such Vendor’s or AnchorsBook’s tax obligations. You acknowledge and agree that we retain the right, with prior notice to affected Vendors, to cease the collection and remittance of taxes in any jurisdiction for any reason.
We hereby certify to the Vendor that we will collect only such amounts that to our knowledge AnchorsBook is legally required to collect based on the information known to us, and we will remit such collected amount to the applicable taxing authority, which may not include all other taxes or sums the Vendor is required to collect and remit. The Vendor is not to collect any taxes from the Renter that AnchorsBook collects and, unless otherwise required in the jurisdiction that includes the Vendor’s zip code, should not report them on any sales and use tax or other tax return for such jurisdiction such Vendor otherwise files for other taxes collected or remitted on a return for the Vendor’s other taxable activities in the jurisdiction where AnchorsBook collects and remits such taxes. Vendors should collect and remit all applicable taxes that are not collected by AnchorsBook. AnchorsBook will make the determination of the applicable amount to be charged based on the zip code of the Vendor on file with AnchorsBook unless and until the Vendor advises AnchorsBook in writing of a change in the location of where the watercraft will be delivered to a User. The failure of the Vendor to immediately and timely notify AnchorsBook of the actual or planned delivery of possession of the watercraft to a User in a location other than the Vendor’s zip code will result in the Vendor being liable and obligated to pay or reimburse AnchorsBook for any excess taxes, penalties or interest that is or will be due on such excess taxes.
In certain jurisdictions, the law or regulations may require that we that report information about you, or withhold taxes or other amounts from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold from payouts to you, we may withhold payouts up to the amount as required by law or as we are directed by an applicable governing authority, until sufficient documentation is provided. You agree that AnchorsBook may issue on your behalf invoices or similar documentation to facilitate accurate tax reporting associated with a booking.
Any insurance questions should be handled directly between renter and owner as policies, laws, and regulations vary from province to province and by country.
Owners take sole responsibility for making sure their watercraft is safe, secure, and seaworthy.