1. General terms
Unless otherwise defined in these terms and conditions, all terms used shall have the following definitions;
- BookaBoat: BookaBoat Nordics AB, user of these general terms and conditions, registered under company registration number 559012-2908 at Einar Hansens esplanad 45 lgh 1405, 211 13 in Malmö. BookaBoat rents out boats.
- Lessee: each natural person who enters into an agreement with BookaBoat, or who receives an offer which is governed by these general terms and conditions. If Lessee is a legal entity, please refer to the general terms and conditions for commercial use.
These general terms and conditions are applicable to all BookaBoat’s (rental) agreements. The Lessee’s acceptance of an agreement without any comments is presumed to be an acceptance of these general terms and conditions.
Any deviation of these terms and conditions should be made clear in writing in advance. The applicability of any conditions of the Lessee is expressly rejected. Application of any conditions of the Lessee is only possible if agreed in writing by both parties.
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.
BookaBoat may amend the present conditions. Amendments shall also apply to agreements already entered to. BookaBoat shall announce any such amendments well in advance. The Lessee may terminate the agreement as per the date on which the amended conditions will take effect, it the Lessee does not wish to accept such amended conditions.
These terms replace any previous general terms and conditions (with earlier date)
2. General rules
BookaBoat rents out boats. Lessee shall behave in accordance with these general rules and will at all times bear responsibility for the compliance by all passengers with all general rules. Should Lessee (or a person in Lessee’s party) not comply with the general rules, BookaBoat is entitled to terminate the agreement with Lessee with immediate effect. In such event, there will be no right of restitution for any amount yet paid.
BookaBoat rents out boats in two ways:
- Through membership: Members pay a membership fee and may rent a boat at a reduced rate. Any sailing hours will be collected through invoicing afterwards. See Article 8 for more information about the membership;
- Without membership: Non-members may rent a boat without entering into a membership, at regular rates. Rent and deposition is paid at the time of booking.
A boat is booked through BookaBoat’s website bookaboat.se. The boat is activated at the start of the renting period with the activation code that is provided by email once the Lessee has paid for the booking. In case the Lessee is in need of help, he should be able to contact BookaBoat through telephone and email. Boats are available for trips from April 1st to October 31st.
A Lessee should be 18 years of age or older.
Boats are suitable for carrying up to 12 people. It is not allowed to carry more people on the boat. Should Lessee decide to allow more people on the boat, BookaBoat will charge the Lessee with the price for the rent of an additional boat which would have been needed for the additional people on board. The Lessee will also receive a warning. After one or several warnings, BookaBoat reserves the right to prohibit the Lessee from renting from BookaBoat, and cancel any future bookings already place by the Lessee.
Boats may not be operated while under the influence of alcohol and/or drugs.
Lessee shall not leave boat unattended during an rental, without first temporarily deactivating it using our telephone service.
- Safety above all, never take risks.
- Always stay on the starboard (right) side, keep the distance to other vessels and maintain such a speed that no unnecessary beating of the waves is caused. Always abide by the maximum speed limits.
- Let other faster vessels on the canal pass by keeping to the right.
- Make sure that others can see which way you are going. Approach bridges in such a way that your are visible for any oncoming traffic.
- For safety reasons it is not allowed to bring the boat outside given areas. Boundaries are provided on maps that are found on BookaBoats homepage, on the jetty and in the boats.
- You may not moor the boat to trees, under or at bridges, at places at which prohibition signs apply or where your visibility to others is limited.
- People live near the water, respect their privacy. Please make sure not to cause any nuisance such as loud noise.
- Please observe that there are many people fishing by the canals and avoid to run over their fishing-line.
- It is forbidden to fish from the boats.
3. The rental period: beginning, extension, end
The rental period begins at the prior arranged time. A Lessee who is not present at said time to collect the boat is not entitled to compensation by adjustment of the rental period to a later time. However, we always try to ensure that you can have a trip for the full amount of time booked, unless the boat is not booked by another customer directly after the first booking ends.
Should Lessee wish to extend the rental period during the rental period, he should first contact BookaBoat by telephone (+46 70 233 72 76). Should an extension be possible (BookaBoat is entitled to refuse extensions) the regular rate (see BookaBoat website) applies. BookaBoat will then extend the rental period to the time as requested.
Lessee is responsible for returning the boat on time. It can happen to anyone to be a couple of minutes late, but should you be very late all extra time will be charged with a double hourly rate, on an hourly basis. Lessee is also responsible for reimbursement of all damages incurred by BookaBoat as a result of the late return of the boat, most commonly that the next rental is cancelled due to the late return of the original trip.
Lessee will return the boat clean and without garbage to BookaBoat at the end of the rental period. Should the boat be returned in a dirty state, Lessee may have to pay cleaning fees. This fee will then be deducted from the Deposit. In the rare cases BookaBoat incurs a cleaning fee, the Lesse is informed by email.
When the boat is returned, Lessee shall moor the boat properly at the intended ropes and carbine hooks, and deactivate the boat. Lessee will also attach the plug to the socket so the boat can immediately begin to charge for the next use.
4. Obligations for BookaBoat and the Lessee
At the beginning of the rental period, BookaBoat will make sure that Lessee has the disposal of said boat. BookaBoat will make sure that the boat is in appropriate condition and the safety features as agreed on are available.
BookaBoat will also make sure the boat is properly insured (third party insurance, body, theft) for the area in which the ship will be used according to the agreement.
Lessee is not allowed to surrender the boat to a third party. Lessee will remain responsible at all times until the boat is returned according to the instructions (moored at the landing at BookaBoat, deactivated and charging). Should the boat, either activated or not activated, be moored/left behind somewhere other than at the landing, the full Deposit will be kept. Any other costs will be recovered from Lessee as well. The Lessee will also then be responsible for any other costs as a result of this, for instance that the following rental is delayed/cancel.
Lessee will abide by all applicable rules stated in #2.3. Should Lessee not be aware of all sailing rules, Lessee should contact BookaBoat by tel +46 70 233 72 76. Lessee is not required to have any previously acquired sailing skills, but is assumed to have all basic skills necessary for safe sailing.
Lessee will check prior to departure whether all necessary safety equipment is on board. Should this not be in order, Lessee is to contact BookaBoat before departing.
Lessee will take care of the boat with due diligence and may only use it for purposes suitable to the nature of the boat. Lessee may not make any adjustments to boat. Any repairs will only be done by BookaBoat unless otherwise agreed.
Lessee will use the boat according to the directions and instructions given by BookaBoat on the jetty, in the boats, on the website and through the phone activation service. Lessee will be liable for all damages resulting from not (fully) complying with the directions and instructions by BookaBoat.
At the end of the rental period, Lessee will surrender the boat to BookaBoat at the agreed place and time. The boat, including its inventory, shall be retuned in the same state as it was at the beginning of the rental period.
5. Deposit and Payment
When booking, Lessee will authorize BookaBoat to charge a security Deposit of SEK 1000 to his/her payment card. This deposit will be returned as soon as possible after the trip, but at least within 5 working days, provided there is no reason for claiming the deposit caused by the Lessee. When making a reservation, Lessee will pay the agreed on rental rate to BookaBoat.
BookaBoat is entitled to fully or partially keep the deposit in case of damage, when Lessee does not return the boat to BookaBoat at the agreed on time or in case of extension, or when breaking other rules as mentioned in these terms and conditions. Extra and/or surplus sailing time will be settled with the deposit in proportion in which 60 minute time-blocks will be used.
Should Lessee not pay any rent due he is assumed to be in default. BookaBoat may then terminate the rental agreement and revoke the boat(s) immediately. BookaBoat is entitled to charge the legal interest on the amount due. Any costs BookaBoat incurs – both judicially and extra judicially – in the process of obtaining Lessee’s payment, are at Lessee’s expense.
6. Damage and liability
All boats are insured for damage. Lessee will authorize BookaBoat to charge a Deposit to his/her payment card, which will serve as reimbursement for the policy excess in case of deliberate damages.
In case of damage Lessee shall inform BookaBoat immediately. Should damage not be reported (immediately) the full deposit will be held back, regardless of the actual amount of damage. Should the damage exceed the deposit, any additional amount will be recovered from Lessee.
In case of non-fulfillment of these general rules by Lessee can lead to full liability for damages and any subsequent costs.
In case of recklessness, negligence and/or the non-fulfillment of any directions by BookaBoat, Lessee may be held fully responsible for any subsequent damages without BookaBoat appealing to its insurance.
Lessee is liable for damage to the boat as well as any damages caused by him or any member of his party to a third party within the rental period as far as these are not covered by the insurance.
Lessee is fully liable for all (subsequent) damage he causes should the use the boat outside the agreed on sailing area.
Should the boat not be returned in the same state as it was when it was collected, BookaBoat is entitled to have the boat brought back to that same state at Lessee’s expense, unless said expenses are covered by BookaBoat’s insurance, in which case Lessee is only due to pay the policy excess (= the Deposit).
BookaBoat cannot be held liable for any personal injury or (subsequent) damage, regardless of the cause of said injury or damage, prior to, during, or resulting from the agreement between BookaBoat and Lessee, unless it is firmly established that this injury or damage was caused by BookaBoat or its subordinates through intent or gross negligence. BookaBoat’s liability is always limited to at most the amount of the rental agreement.
BookaBoat is not liable for the loss and/or damage to any items brought onto the boat by Lessee.
Lessee’s who have a membership with BookaBoat may cancel a boat free of charge, even on the day itself up to minutes before the reserved time.
A booking by a non-member can be cancelled or rescheduled up to 24 hours before the start of the booking.
The exception to non-members not being allowed to cancel their booking later than 24 hours before the start time is when there are very severe weather conditions. Very severe weather only applies when the SMHI (Swedish meteorological institute) gives out a weather alarm for the Malmö area. In case of cancellation due to very severe weather, the Lessee can cancel the booking free of charge up to 1 hour before the start time. In this case Lessee is also allowed to postpone the reservation free of charge, on the condition that the payment for the cancelled reservation will be changed to a credit for a new reservation.
If you would like to cancel or rebook your reservation, call on +46 70 233 72 76 or mail us at email@example.com.
A Lessee who enters into a BookaBoat membership, does so for a period of at least three calendar months. Termination of the membership is possible after a one calendar month notice period, by sending an e-mail to firstname.lastname@example.org.
Members rent boats at reduced rates. Rates are listed on the BookaBoat website.
Members may pay their membership fee annually or monthly. Invoicing is done bi-monthly. The invoicewill always be sent out after the 2-month period to which the invoice applies (for example: The invoice for the months April and May will occur in the beginning of June). The boats are not available for rent during the period 1 November to 31 March, and therefore no membership fee will be charged during these months.
If a member chooses to pay the membership fee annually, it will be invoiced in the final week of March. When entering into an annual membership in the months November to March, the full annual fee will be invoiced. Should the membership start at any other month, a recalculation will be made based on the remaining part of the sailing season. BookaBoat will invoice the number of remaining months minus one month. A month will be charged when the membership was applied for before the 15th of said month. BookaBoat considers an application for membership to have occurred when the application was done through the form on the membership section of our website.
If a annual membership is not canceled before 1st of March, the full annual Membership fee will be invoiced in the beginning of April.
The sailing season runs from April 1st to October 31st. Bookings should primarily be made through BookaBoats web site, and secondarily by email or phone.
9. Force Majeure
BookaBoat is not required to comply with any obligation if BookaBoat is prevented from doing so as a result of a circumstance that is beyond their control and for which they cannot be held accountable by virtue of the law, a juristic act or generally accepted views. BookaBoat can suspend its contractual obligations during the period of force majeure. If the period of force majeure lasts for longer than two months, either party shall be entitled to dissolve the contract without being obliged to pay any compensation for damages to the other party. In this case, BookaBoat will remain entitled to demand payment for the services it supplied with respect to the performance of the contract before the circumstances that caused the force majeure became apparent.
In these general conditions, force majeure is defined – in addition to that which is deemed as such by law and legal precedent – as all circumstances, foreseen or unforeseen, that are beyond the control of BookaBoat but which prevent BookaBoat from meeting his obligations. BookaBoat is entitled to invoke force majeure if the circumstances rendering (further) fulfillment of the obligations impossible commence after the point in time on which BookaBoat should have fulfilled his obligations.
10. Complaints and disputes
Any complaints should be reported to BookaBoat in writing within reasonable time.
All legal relationships between BookaBoat and the Lessee to which these terms and conditions apply shall be governed by the laws of Sweden. In the absence of mandatory rules of law to the contrary, the court in Malmö has exclusive competent jurisdiction.
11. Handling of personal data
BookaBoat processes any personal information that is collected as part of the booking process in accordance with the local law (PuL). BookaBoat will never sell any personal customer information to third parties.
Should you have any remaining questions to which you cannot find the answer in these terms & conditions, do not hesitate to contact us by telephone or email.