Boat Owner Terms & Service Conditions
This “Ship-owner Agreement” (the “Agreement“) is between you (“Ship-owner“) and WANNABOATS SERVICIOS NAUTICOS, S.R.L., hereinafter WannaBoats.
By clicking on the “I accept the Terms and Conditions of Use” button, you, the Ship-owner, accept this Agreement and agree to the Terms and Conditions of the wannaboats.com website and its attachments, all of which are incorporated into This Agreement. If the Ship-owner is in this Agreement on behalf of a company or other legal entity, the Ship-owner declares that he has the authority to enforce that entity to these terms and conditions, in which case the term “Ship-owner” shall refer to that entity. Please read the following terms and conditions carefully, and do not agree to become a WannaBoats ship-owner user until after you have done so. By agreeing to become a WannaBoats ship-owner user and by providing Ship-owner’s vessels for rental and distribution through the distribution channel representing the WannaBoats website, you Ship-owner agrees to the terms of this Agreement, including, without limitation, all the obligations imposed subsequently to the ship-owners. If the Ship-owner does not wish to consent, or does not have the authority to sign this agreement, do not register at the wannaboats.com website to become a WannaBoats ship-owner user and do not provide WannaBoats with information or photos of your boats for rental and distribution through the WannaBoats distribution channels.
That the Ship-owner owns or has the chartering management of all boats that may register into the WANNABOATS website.
That the Ship-owner is interested in that WANNABOATS obtains bookings for its boats to third parties (the “final client”) and manages the collection of such leases, under the conditions of this contract, being fully empowered for its granting. In no case, it may carry out the lease of the boats, since it is the sole responsibility and competence of the Ship-owner, who will subscribe with the final customer. The contract between WANNABOATS and the Ship-owner regulates its relation with all the boats. Therefore, any vessel that Ship-owner discharges, in any way, to be marketed by WANNABOATS, will be covered by the regulation of this contract.
That the Ship-owner manifests and guarantees that it complies with all applicable regulations to exercise its chartering activity, in particular the specific activity of leasing recreational craft and protection of personal data. For this purpose, WANNABOATS may request at any time to the Ship-owner the contribution of the necessary documentation to carry out the chartering activity of the vessels that will register on the WANNABOATS website.
That WANNABOATS has the necessary means to provide the services covered by this contract, and it declares and guarantees that it complies with all applicable regulations to carry out its activity.
That both parties have reached an agreement pursuant to which WANNABOATS will provide the services to the Ship-owner for the marketing of boat lease reservations and collection management, in accordance with the following:
WANNABOATS will announce the chartering of the boats above mentioned, for leasing to third parties (final client (s)) both through its own website and through marketing campaigns carried out by any means. The Ship-owner grants to WANNABOATS the possibility of using all photographs or videos provided or added to the page to advertise their boats, both on the WANNABOATS website (https://www.wannaboats.com/) and in any other medium. To this end, the Ship-owner declares that all the information (photos, description, etc.) provided to WANNABOATS about the boats is correct, truthful and accurate. Likewise, the Ship-owner declares that all the information regarding costs and extras to be paid by the final client (cleaning, fees, moorings, insurance, costs for food, etc.) provided to WANNABOATS is also correct, truthful, complete and accurate. The Exhibit above listed shall be considered stipulations of this contract.
In this sense, the Ship-owner entrusts and authorizes WANNABOATS to manage everything necessary to commercialize the leasing of the boats, through the reservation management service to the final client, and additionally orders to WANNABOATS to charge the lease price (fees). Therefore, the lease of the boats will be made exclusively between the final client and the Ship-owner, who assumes all responsibility derived from it and its correct execution to the final client. Consequently, as from the signing of the lease agreement with the final client, any discrepancy or conflict with it shall be settled exclusively by the Ship-owner, exempting WANNABOATS from liability, and keeping it harmless from any claim, including any related to the payment that final client may have made by reason of this contract. Therefore, any claim of the final client, including any cancellation, must be met and, if it is the case, fully covered and / or resolved by the Ship-owner, who accepts.
WANNABOATS will communicate by email and telephone to the Ship-owner the reservation made by the final client, indicating the details of the same (dates and amount). Once the reservation has been confirmed by the Ship-owner, WANNABOATS will provide with the data available so that Ship-owner can prepares the lease with the final client (Ship-owner is obliged to strictly respect the personal data protection rules). In that case, WANNABOATS will have the right to collect, for the work done, the commission agreed, and that will be the one that corresponds as a consequence of applying the percentage agreed in relation to the chartering rates.
Once the above communication has been made, the Ship-owner will be responsible for establishing a contract (if applicable) between the Ship-owner and the final client. In that case, it must also be communicated (copy) to WANNABOATS, at the same moment that it is sent to the final client.
Once all of the above has been made and payment has been collected from the final client, WANNABOATS will pay to the Ship-owner the corresponding amount, according to the rates and remuneration agreed and already collected or retained to the final client by WANNABOATS. In the event that the final client makes partial payments, WANNABOATS will proceed to fully liquidate the commission agreed upon by the service already provided for the management of the reservation, releasing remaining amount (s) to Ship-owner.
The price that the Ship-owner will receive for the chartering of the boats will be the one corresponding to the rates published by the Ship-owner into the WANNABOATS website less the commission agreed.
This amount will be paid to the bank account number provided by the Ship-owner or into his Paypal account or any other payment method that the WANNABOATS website disposes to carry out said payments.
WANNABOATS will charge a variable commission, starting at a 15% of the tariff published by the Ship-owner on the WANNABOATS website, plus applicable taxes, for each booking reservation management made through WannaBoats.com. If the commission is established over that 15%, WannaBoats will give more visibility on the platform to the Ship-owners Boats that grant higher commissions to WannaBoats.
WANNABOATS will pay 50% of the published rate, less the commission agreed, with seven (7) days prior to the effective date of the boat hiring contracted.
WANNABOATS will pay 50% of the published rate, less the commission agreed, the working day after the lease is carried out.
The present contract has a duration of one year from its signature, and will be tacitly renewed except by written communication made by one of the parties at least one month prior to the expiration of the agreement, and in any case respecting the bookings already formalized by WANNABOATS.
Either party, if it so decides, shall be entitled to terminate this contract freely and without penalty with a period of notice of three months. In that case, the other party must be notified in writing of their will to terminate the contract, by e-mail to the address email@example.com, and respecting in any case the bookings already formalized by WANNABOATS .
It is the sole and exclusive responsibility of Ship-owner to pay all taxes and fees necessary for the performance of its leasing/chartering activity, as well as comply with all the obligations that for the exercise of its activity indicates the applicable regulations at any time, as well as the correct rendering of the services and fulfillment of the lease contract that the Ship-owner subscribes with the final clients provided by WANNABOATS.
It is the responsibility of the Ship-owner to comply with the Law of Incentive to Private Maritime Tourism in the Dominican Republic. If the boat for private use is flagged in other country than Dominican Republic, and the Ship-owner wishes to lease it to private individuals, which is internationally recognized as a chartering business, it will be the responsibility of the Ship-owner to obtain the Temporary Navigation permit, as indicated by the Paragraph III of Article 2 of the Law on Incentive to Private Maritime Tourism in the Dominican Republic.
It is the responsibility of the Ship-owner to have his boat checked, with all legal security material, and not expired, appropriate to the boat’s navigation program and according to Dominican laws. It is the responsibility of the Ship-owner to have adequate insurance for his boat and to carry out the chartering services. It is the responsibility of the Ship-owner that the crew has all their legal certifications as sailors or captains. It is the responsibility of the Ship-owner that all his boats respect all the laws in force in the Dominican Republic for charter or rental activities.
WANNABOATS is not responsible for the final performance, status of the ship or what may happen during the final services perform.
All costs of mooring, port expenses, maintenance, repairs, insurance of boats and any other necessary or convenient to carry out the leasing/chartering activity of the Ship-owner boats shall be borne by the Ship-owner, without prejudice to what can be agreed with the final client.
Any notice and communication that may or ought to be made in connection with this contract shall be made by electronic mail and shall be sent to the following email address: firstname.lastname@example.org.
This contract is governed by the laws of the Dominican Republic. In the event that a part of it is invalid or void for any reason, this will not affect the remaining provisions of this contract that will remain valid.
In order to resolve any doubt or divergence that may arise between the parties regarding compliance or interpretation of the clauses of this contract, both parties, by mutual agreement, submit themselves to the Jurisdiction of the Courts and Tribunals of the city of Santo Domingo, In the Dominican Republic, with resignation to its own jurisdiction if it were different.