Terms of use of BoatyFloat boat rental from 01.07.2021
1.1 BoatyFloat is a service rendered as the short-term use of boats.
2.1. BoatyFloat Boat Rental has 4 rowing boats. Boats are not rented during the winter period.
2.2. BoatyFloat has 1 boat bridge and 4 locks. The locations of the boat bridges are visible on the website of BoatyFloat.com, and on information posts.
2.3. BoatyFloat makes every effort to provide the boat rental service 270 days a year, but does not guarantee that boats will always be available as weather conditions or other circumstances may hinder the provision of the boat rental service. BoatyFloat may suspend the provision of boat rental services for up to 4 months per year, in particular due to adverse weather conditions. BoatyFloat accepts no responsibility for short-term interruption of the boat rental service.
2.4. BoatyFloat can create temporary boat bridges or change the locations of existing boat bridges.
2.5. BoatyFloat may unilaterally amend these terms and conditions if necessary. In case of changes, the relevant information will be provided on the BoatyFloat.com site.
2.6. By continuing to use BoatyFloat boat rental after updating the terms and conditions, the user is deemed to have accepted the new terms and conditions.
2.7. The terms of use are prepared in Estonian; in case of disputes, the terms of use in Estonian shall prevail.
3.1. To use the BoatyFloat boat rental service, you must create a user account on the Boatyfloat.com website.
3.2. A user account can be created by a person of at least 14 years of age. When creating a user account, the user confirms that he or she is at least 14 years old.
3.3. The user is allowed to have one Boat Rental Account.
3.4. When creating a user account, the following user information must be provided:
3.4.1. first and last name;
3.4.2. e-mail address;
3.4.3. phone number;
3.4.4. place of residence;
3.4.5. age;
3.4.6. credit card details;
3.5. When creating a user account, the user must choose a password for further use.
3.6. When creating a user account, the user must agree to these BoatyFloat terms of use. In addition to these conditions, the Law of Obligations Act applies to the boat rental contract. The user also undertakes to follow the rules on the information post on the boat bridge and the tips on the use given on the BoatyFloat.com website.
3.7. The user undertakes to provide true and complete data about himself when creating a user account and to keep the data of his user account up to date during the use of BoatyFloat boat rental. When creating a user account, the data of a valid credit card must be provided and the user confirms by submitting the credit card information that he or she is entitled to use the said credit card. The credit card must have at least 1 euro at the moment of creating a user account.
3.8. The user undertakes to keep secret the password required for entering the user account.
3.9. The user is obliged to inform the BoatyFloat team about the abuse of the user account or the disclosure of the password to a third party.
3.10. The user account data is used by BoatyFloat to enable the use of boat rentals and to perform other necessary operations related thereto. More detailed information on the processing of personal data is provided in the data protection terms and conditions available on the website BoatyFloat.com
3.11. BoatyFloat has the right to suspend the user account if:
3.11.1. it appears that the user has provided incorrect or incomplete data about himself or has not updated the changed data; or
3.11.2. the user has not returned the boat; or
3.11.3. the user has incurred a debt when using the BoatyFloat service or BoatyFloat has filed a contractual penalty or a claim for damages against the user that has not been paid; or
3.11.4. the user does not use the user account for its intended purpose (disseminates inappropriate, derogatory, prohibited or similar content) or commits other acts that impair the operation of BoatyFloat boat rental; or
3.11.5. other circumstances occur that preclude the user from using the BoatyFloat service (e.g. the user has repeatedly violated the terms of use).
3.12. The use of the user account and the BoatyFloat service shall be suspended until the circumstances on which the suspension is based have ceased to exist or for up to three months. In order to reopen the user account, the user must submit a written application.
3.13. The user has the right to request the closure of his user account if the user no longer wishes to use the BoatyFloat service.
4.1. The rental fee consists of the user fee for one trip (clause 4.2.1).
4.2. BoatyFloat boat rental prices are as follows:
4.2.1. 0.34 euros per 1 minute;
4.3. The rental fee is charged on the credit card associated with the user account upon returning the boat.
4.4. If the rental fee cannot be deducted from the credit card, the user fee will be charged to the user in another way.
5.2. The period of use is calculated to the minute, every minute started is taken into account.
5.3. The user undertakes to ensure that the credit card associated with his user account has money in the amount of fee corresponding to the time of the boat rental.
5.4. The period of use of the boat begins at the moment when the boat is unlocked and ends at the moment when the boat is deemed to have been returned to the lock of the system. The boat can be unlocked via a web application.
5.5. To return the boat, the user undertakes to lock it in the freely chosen dock and make sure that the boat locks in the dock and a confirmation note arrives on the phone.
5.6. The user may not reserve the boat for himself or herself or perform other activities that are considered to be a reservation of the boat for himself or another person (e.g. taking a seat in the boat).
5.7. If it is not possible to return the boat to the dock for technical or other reasons (e.g. the user has suffered health damage), the user undertakes to inform the BoatyFloat crew of the location of the boat and pull the boat safely to the shore. The time of notification shall be deemed to be the time of the end of the journey.
5.8. The user may take the same or new boat from the dock after returning the boat, in which case a new period of use will begin.
5.9. The user may not transfer the boat or user account to another person.
5.10. The user undertakes to comply with safety requirements when using the boat.
5.11. The user undertakes to wear a life jacket when using the boat.
5.12. Up to four persons may travel simultaneously on one boat, while animals, etc. may not be transported by boat.
5.13. The boat must not be dismantled or parts removed from it.
5.14. The boat must not be used in weather conditions that make it unsafe to operate the boat.
5.15. The boat may not be used for purposes other than normal sailing.
5.16. The user undertakes to immediately notify the BoatyFloat crew of any problems or errors encountered on the boats.
5.17. The user undertakes to promptly notify the BoatyFloat crew of the loss of the boat, vandalism or injuries received during its use, including an accident.
5.18. The user undertakes to immediately notify the emergency response centre of an accident involving a boat in which a person has been injured or if an agreement has not been reached on liability for material damage.
5.19. The user undertakes to return the boat as soon as possible at the request of the BoatyFloat crew.
5.20. By disassembling the boat from the dock, the user confirms that he
5.20.1. has understood these terms of use and undertakes to comply with them;
5.20.2. is physically able to sail the boat safely;
5.20.3. can control the boat and is familiar with the operation of the boat;
5.20.4. is aware that there may be injuries associated with being involved in an accident with a boat;
5.20.5. takes full responsibility for using the boat and risks of accidents and injuries that may occur;
5.21. The user shall be responsible for returning the boat in due time and without injury and in the same composition, and shall compensate BoatyFloat for the damage caused by using the boat or violating the terms of use due to his or her fault.
6.1. In case of violation of these terms of use, a contractual penalty of 300 euros shall be applied for each violation as follows:
6.1.1. the user account data is incorrect, incomplete or outdated;
6.1.2. the user has created more than one Boat Rental Account;
6.1.3. the user has not locked the boat properly;
6.1.4. the user has left the boat in a place where it is not allowed;
6.1.5. the user has locked the boat with his lock or reserved it for himself or another person,thus making it inaccessible to others;
6.1.7. the user has given a boat or user account to the use of another person;
6.1.8. the user has transported the animal by boat.
6.1.9. the user has put unauthorized items on the boat;
6.1.10. the user has sailed the boat in an unacceptable way or used the boat for business.
6.2. If a contractual penalty is imposed, the contractual penalty is taken from the credit card associated with the user’s account.
6.3. If the contractual penalty cannot be deducted from the credit card, the contractual penalty will be collected from the user in another way.
7.1. The user undertakes to indemnify BoatyFloat for any damage caused by the destruction or loss during the use of the boat or other violation of the Terms of Use. The amount of damage is determined on the basis of the price list established by BoatyFloat. The price list can be found on the website Boatyfloat.com.
7.2. In addition to the damage caused to the boat, the user undertakes to compensate BoatyFloat for the loss of income and other damage incurred (the cost of searching for and transporting the boat, the cost of processing a claim, etc.). The amount of damage is determined on the basis of the price list established by BoatyFloat. The price list can be found on the website Boatyfloat.com.
7.3. The user undertakes to compensate BoatyFloat for the damage caused by unauthorized use of the user account, the amount of the damage is determined on the basis of the actual damage caused.
7.4. If the boat is not returned in 24 hours after the start of the period of use, the boat shall be deemed lost. Upon returning or finding the boat, the damage caused to it shall be assessed and the user shall compensate for the damage incurred in accordance with clauses 7.1. and 7.2.
7.5. The amount determined as a claim for damages is charged to the credit card linked to the user’s account.
7.6. If the amount specified as a claim for damages cannot be deducted from the credit card, the claim for damages shall be submitted to the user in another way.
8.1. Suggestions and other requests related to the use of the BoatyFloat boat rental service must be submitted by email info@boatyfloat.com
8.2. Claims for surcharges, contractual penalties and claims for damages related to the use of the BoatyFloat boat rental service must be submitted to the e-mail address info@boatyfloat.com.
8.3. The time to contest surcharge, contractual penalty or claim for damages related to the use of the BoatyFloat boat rental service is 30 days from the receipt of the corresponding notice. A notice concerning the imposition of a fee, contractual penalty or claim for damages shall be sent to the e-mail address at the user’s account.
8.4. A dispute must contain a clear claim and arguments of the user, as well as evidence to substantiate his claim.
8.5. The dispute will be reviewed by the dispute review committee formed by BoatyFloat, the decision of the commission will be sent to the e-mail address at the user account.
8.6. The same argument will not be reviewed several times.