Terms and Conditions

By utilizing this platform, you confirm that you are a minimum of 18 years old and possess the necessary legal authorization to engage in binding commitments. Prodeckmanagement.com retains the discretion to prohibit access to this platform and the services rendered, as per our discretion.

The terms and conditions outlined herein, subject to periodic revisions, are applicable to all our services directly or indirectly offered online, via mobile devices, email, or telephone, either directly or through intermediaries. Upon accessing, browsing, or utilizing our website, applications, or any related platform (collectively termed as the "platform"), and/or by completing a reservation, you acknowledge, comprehend, and consent to the terms and conditions stated below, inclusive of the privacy and cookies policy.

These web pages, their content, underlying structure, and the online boat reservation service (the "service") facilitated via the platform are the property of Prodeckmanagement.com. They are operated and provided for your personal, non-commercial use, subject to the following terms and condition

Definitions

  • Renter - Refers to any individual or legal entity involved in the professional operation or ownership of a boat, or their representative, seeking to offer a boat for rental to a User through the Site.
  • User - Denotes any individual or legal entity interested in renting a boat from a Renter via the Site.
  • Services - Encompass the facilitation of connections between natural or legal persons seeking to lease their boats and individuals interested in hiring a boat, all conducted through Pro Deck Management's online platform.
  • Service Charges - The fees owed to Pro Deck Management for the provision of its services.

 

Our Service

The following terms and conditions, henceforth referred to as the "General Terms," pertain to reservations conducted on the Site, aiming to connect a User with a Renter for the rental of a boat.

Through our platform, Prodeckmanagement.com and its affiliated partners offer an online interface enabling various boat operators (such as charters, marinas, individual boat owners, and travel agents, collectively termed as "boat providers") to advertise their boats for rent. Visitors to the platform can then proceed to make such rentals. By engaging in a rental through Prodeckmanagement.com, you enter a direct, legally binding agreement with the specific boat provider from whom you rent a boat. We function solely as an intermediary, transmitting your rental details to the relevant boat provider and issuing a confirmation email on behalf of said provider.

Pro Deck Management acts as an intermediary, linking a Renter seeking to rent out a boat with a User seeking to hire one through an online platform. However, Pro Deck Management does not become a party to the rental contract directly executed between the Renter and the User.

These General Terms do not govern the relationship between the Renter and the User, as it is regulated by the rental contract itself.

Cruise bookings, encompassing cabin cruises and privatized cruises organized by Pro Deck Management, have distinct general terms that apply separately.

The flight booking service, provided via the Pro Deck Management Site, is managed by a third-party service provider, subject to the specific terms of that provider rather than these General Terms.

While presenting our services, the information showcased is based on data provided by the boat providers. These providers have access to an online system and hold full responsibility for updating rental prices, availability, and other displayed information on our platform. Despite our best efforts, we cannot guarantee the accuracy, completeness, or correctness of all information. We do not take responsibility for errors, interruptions, inaccuracies, or non-delivery of information. The individual boat providers remain accountable for the accuracy and completeness of information showcased on our platform.

Our services are intended for personal, non-commercial use exclusively. Therefore, any use, reproduction, sale, or display of content, information, products, or services available on our platform for commercial or competitive purposes is strictly prohibited.

If one of the clauses of the General Terms is found to be invalid or improper, the contract will remain applicable in all its provisions other than those deemed invalid and improper, if it can continue to exist without these clauses.

 

Acceptance of the General Terms

The General Terms provided by the Pro Deck Management Site are available for review by any Renter or User. Utilization of Pro Deck Management Services by both the Renter and the User is contingent upon their prior acceptance of these General Terms. Prior to making any booking, the User affirms that they have acquainted themselves with and agreed to the General Terms by checking the respective box. Likewise, before confirming a booking, the Renter affirms that they have familiarized themselves with and consented to the General Terms by checking the corresponding box.

 

Prices

Unless expressly indicated otherwise, all prices displayed on the Prodeckmanagement.com platform are per boat for the entirety of your reservation and encompass VAT and other applicable taxes. Prior to finalizing your reservation, we strongly advise reviewing the rental details for any specific conditions. It's important to note that evident errors and mistakes, including misprints, do not establish binding agreements.

Our service remains entirely cost-free, and we do not impose any charges or additional commissions on the boat rental price for you. Instead, boat providers remit a service fee, constituting a small percentage of the boat rental price, to us subsequent to the customer's payment of the rental price.

 

Privacy and cookies

Prodeckmanagement.com prioritizes your privacy. Kindly refer to our privacy policy for comprehensive details.

The identification codes granting access to personalized sections of the site are personal and confidential. Both the Renter and the User bear complete responsibility for the use and safeguarding of their confidential codes. In the event of unauthorized access by a third party to this information, it is imperative that the Renter and the User promptly notify Pro Deck Management. Upon notification, Pro Deck Management will proceed to update these identification codes accordingly.

 

Registration on the Pro Deck Management site

Any individual operating a professional boat rental activity as a Renter can seek registration on the Site without incurring any fees by completing the registration application. However, Pro Deck Management retains the right to either accept or decline the registration application.

 

Condition for registration of a User

Enrollment as a User on the Pro Deck Management Site is cost-free and accessible to any individual with the legal capacity to enter into a contract. The User is required to provide full identification, address details, and a reachable telephone number. The User must register on the Site using their accurate and true identity.

 

Advertisement for Boats to rent

The Renter's published advertisements must contain specific details, including:

  • Boat identification (boat name, model, year, technical specifications, equipment, options);
  • Pricing based on rental periods, pickup location for the boat(s);
  • Visual representation(s) of the boat(s) that the Renter permits for free reproduction on the Site.

The Renter holds the freedom to modify, remove, or supplement the aforementioned information at their discretion.

Through an algorithm identifying boats aligning with their requirements, the Site's User gains access to all Renter-filled advertisements. Advertisements are initially sorted based on their appeal, without any influence from payments made by the Renter.

All content featured on the Site originates from the Renter, either directly provided or via an electronic reservation system synchronized with the Site. Pro Deck Management does not bear responsibility for the content or the accuracy of information published on the Site. The Renter assumes sole responsibility for the communicated information and commits to regular verification of such details.

 

Exclusion

Pro Deck Management retains the authority to remove a Renter or User from access to the Services without prior notice if they fail to adhere to these General Terms. Providing inaccurate information to Pro Deck Management could result in the termination of access to the Services for either the Renter or the User.

 

Booking by the User / Payment

The User has the option to submit a quotation request to the Renter through the Pro Deck Management platform. These quotations have a limited validity and are temporary. Pro Deck Management recommends that the User secures an option or hold on the boat rental they intend to book. Confirmation of a boat booking under the Renter's proposed terms occurs when the User pays the required down payment via the Site. In cases where an advertisement explicitly states, a boat can be directly booked by paying the down payment without prior quotation.

Regardless of the booking method, the User is advised that the rental of the boat remains uncertain until the booking is confirmed. Pro Deck Management suggests waiting for confirmation before incurring any costs related to the boat rental. To secure rentals, boat providers often request payment (either in full or partially). During the reservation process, you'll be prompted to guarantee your rental. Payment is securely processed from your credit/debit card or bank account to the boat provider's bank account through a third-party payment processor. It's essential to carefully review the rental details for payment conditions before finalizing your reservation. In some cases, the User may make the balance payment directly to the Renter. In such instances, Pro Deck Management holds no responsibility for any insolvency issues between the User and the Renter.

Please note that banking data provided during an online payment is not retained by the Pro Deck Management site. Once an online payment or bank transfer is completed, it is considered final. The User agrees not to seek refunds from their banking or credit card service provider due to any difficulties arising in implementing the rental contract. The Renter sets both the down payment and the rental price to be paid by the User. Failure to adhere to the payment schedule on specified dates will be considered a breach of contract. Consequently, it will be deemed equivalent to the cancellation of the contract by the client, with deductions of contractual fees.

 

Confirmation of the booking by the Renter

The User receives notification of the booking confirmation via email.

Upon the Renter's confirmation of the reservation through a written rental contract, the Renter provides the User with a draft rental contract and the requisite rental documents. Once received, the User signs and returns the rental contract to the Renter via email.

In the instance where the Renter does not confirm the reservation, Pro Deck Management will refund the deposit paid by the User without any additional charges. It's important to note that no compensation or damages can be claimed by the User in the event of non-confirmation of the reservation by the Renter.

 

Forming of the rental Contract

Pro Deck Management is not involved as a participant in the rental contract, which is directly agreed upon between the Renter and the User. Both the Renter and the User hold exclusive responsibility for negotiating, establishing, executing, non-fulfillment, expiration, and termination of the rental contract between them. Pro Deck Management cannot be held accountable in any capacity concerning these matters.

 

Skipper and Crew

Typically, the rentals offered on the Site involve boats without a crew. The Renter retains the right to assess the User's and their crew's navigational abilities (if applicable). Should the Renter determine that the User or their crew lacks sufficient navigational skills, or if the hired skipper is unavailable, the Renter reserves the right to cancel the rental. In such cases, the User will be considered at fault unless they manage to independently hire another skipper at their own expense. In the event of a cancellation for lack of sufficient navigational skills, the rental will be deemed cancelled for reasons attributable to the User and will lead to the cancellation costs In instances where a skipper is employed, the User assumes full responsibility for the boat and its crew throughout the entire rental period.

 

Travel Documents and sailing License

The User assumes full responsibility for ensuring compliance with all necessary travel documents, including passports, potential visas, vaccination certificates, and any required sailing licenses for both themselves and any accompanying individuals, adhering strictly to the regulations of the visited countries. Failure to adhere to the aforementioned travel document requirements, such as visas, vaccination certificates, or sailing licenses, resulting in cancellation, denial of boarding, or reduction of the rental duration will be regarded as a cancellation initiated by the User. Consequently, cancellation fees will apply.

 

Checks before takeover of the boat

The verification of information provided by both the Renter and the User, including identity verification, assessment of the boat's condition and equipment, evaluation of navigational abilities, and confirming financial solvency, remains the joint responsibility of the Renter and the User. As per the terms outlined in the rental contract between the User and the Renter, the User may be required to submit a security deposit prior to taking over the boat. Any disagreements arising regarding the deposit or the damage waiver, particularly related to onboard damages or delays in returning the boat, are not under the responsibility of Pro Deck Management.

 

Use of The Boat

Any boat procured through the Site is designated solely for recreational boating purposes. It must not be utilized for commercial, professional fishing, transportation, regatta, or any other operations, unless explicitly permitted in the rental agreement mutually established with the Renter. Any such exemptions will involve distinct regulations and responsibilities specified within these contracts. These may encompass unique insurance agreements, administrative procedures, etc., which both the User and the Renter are obligated to strictly adhere to

The User undertakes to make reasonable use of the boat rented. This includes abiding by pertinent navigation regulations, customary practices, and safety directives as provided by the Renter. Maintenance of the boat, ensuring its upkeep and good condition, is also the User's responsibility.

In cases of substantial damage (such as dismasting, leaks, fires, etc.), the User is required to promptly notify the Renter, requesting guidance. While awaiting these instructions, the User must initiate a comprehensive report to facilitate reimbursement of their liabilities through the insurance provider. In no case may Pro Deck Management be held liable for the damage incurred or the sailing conditions.

 

Cancellation

Cancellation and alteration of the rental agreement by either the Renter or the User are guided by the terms outlined in this article. However, in exceptional cases where the Renter has confirmed the reservation in writing and the User has returned the signed agreement, only the stipulations within the rental agreement and the governing legislation will dictate the conditions for modifying or canceling the rental.

Upon reserving through our platform, you acknowledge and agree to comply with the specific cancellation policy of the boat provider and any additional terms and conditions they impose on your rental, encompassing their offered services and/or products. The terms of delivery and other conditions established by the boat provider can be obtained directly from the relevant provider.

Please be aware that certain rentals might not be eligible for cancellation or modification. Prior to confirming your reservation, kindly review the rental details to identify any such conditions. We strongly advise carefully reading through the cancellation and payment policies before finalizing your rental and ensuring timely subsequent payments.

It's important to note that a rental could be terminated without prior notice if the outstanding rental amount cannot be collected as per the payment date aligned with the rental's payment policy. Issues such as late payment, incorrect bank or card details, invalid cards, or insufficient funds are your responsibility. Refunds of the prepaid amount are only possible if explicitly agreed upon by the boat provider. For viewing, modifying, or canceling your rental, please refer to the confirmation email and follow the provided instructions.

The Service Charges also remain due by the User to Pro Deck Management in the event that the Renter decides to waive all or part of the cancellation charges (especially in the case of renting the boat for the same dates to another client). The User acknowledges and accepts the risk associated with weather conditions during the rental period. Even if adverse weather conditions prevent sailing and compel the boat to remain in port or at anchor, the User understands that the rental price may not be refunded, whether in full or part. If a User declines to take possession of the boat or prematurely terminates the rental for any reason before its scheduled conclusion, no refunds—partial or total—will be granted by either the Renter or Pro Deck Management, even for the unused rental duration. In situations where the boat becomes unavailable on the rental dates, the Renter commits to exerting every effort to propose a similar-quality boat to the User. Should the User reject all proposed alternatives of similar quality, and if no suitable replacement can be found, the Renter undertakes to refund the User in accordance with the rental contract terms and applicable legislation. In the event that the User and the Renter encounter difficulties in settling terms related to the execution of the rental contract, especially if the rental is canceled by either party, either the User or the Renter retains the option to seek assistance from Pro Deck Management following the procedures outlined in Chapter 23, titled "Mediation". Pro Deck Management commits to act as a mediator, striving to assist both the User and the Renter in reaching a mutually agreeable resolution to their disput

For filing a claim, please get in touch with Pro Deck Management via email at info@prodeckmanagement.com.

 

Condition for modifying the rental

In the event that the User wishes to modify their booking (such as altering the boat model, date, destination, etc.) for any reason, they are required to notify their Pro Deck Management advisor. The Pro Deck Advisor will endeavor to identify a solution that meets the User's requirements. However, a handling fee of 150€ will be applicable, along with any potential additional costs incurred due to the alterations made to the booking. It should be noted that Pro Deck Management cannot guarantee the feasibility of altering the rental. If an agreeable solution cannot be reached, and consequently, the User decides to cancel the rental, the User will be subject to the cancellation conditions outlined below.

 

Correspondence

Upon finalizing a reservation, you consent to receiving an email from us containing details regarding your rental. This email will furnish specific information and potential offers, inclusive of third-party offers, provided you have actively subscribed to such information. These communications will be relevant to your rental and destination. Additionally, subsequent to the completion of your rental, you will receive an email from us requesting your feedback through a review.

 

Reviews

Your review might be published on the rental listing's page on our platform to provide insight to prospective customers about your assessment of the quality. Please note that we retain the right to modify, decline, or delete reviews at our discretion.

 

Insurance

The Renter declares that it has taken out a comprehensive insurance contract which covers the User’s liability throughout the period of the rental. The insurance taken out must cover:

  • Any potential harm to the boat, its accessories, and supplementary equipment;
  • Losses incurred from damages;
  • Partial or complete theft involving the main engine and the boat's accessories;
  • the consequences of the User’s third-party liability in the event of legal action by third parties (damage to property and/or bodily injury, defense and legal action, recovery costs and assistance).

The Renter is obliged to highlight both the covered risks and those excluded from the insurance policy they've procured, along with specifying the geographical coverage. Upon request, the Renter must furnish a copy of said insurance contract to the User. Additionally, both the User and individuals aboard the boat have the choice to acquire supplementary insurance from a specialized provider. This additional insurance would cover risks not included in the Renter's insurance, such as cancellation, repatriation, individual insurance for all passengers, and damage waiver. Pro Deck Management recommends the taking out of such additional insurance.

 

Liabilities

Despite Pro Deck Management's efforts to ensure the Site's availability and proper functioning, occasional suspensions or interruptions may occur. Pro Deck Management explicitly disclaims any liability for such instances. Functioning solely as an intermediary in the rental agreement, Pro Deck Management cannot be held responsible, under any circumstances, for damages arising directly or indirectly from the negotiation, establishment, execution, non-execution, expiration, or termination of the rental contract between the Renter and the User. The Renter and the User acknowledge and agree that Pro Deck Management bears no obligation to verify the actual solvency of either party or the condition, functionality, or seaworthiness of the boats offered for rental. It remains the sole responsibility of the Renter and the User to conduct these verifications, with Pro Deck Management expressly excluding any liability in this regard. Similarly, Pro Deck Management cannot be held accountable for direct or indirect damages resulting from the conduct of the Renter or the User or for any violation of applicable regulations on their part. Finally, it's important to note that Pro Deck Management cannot be held liable for any loss of personal belongings by the User during the boat rental period.

 

Mediation

Once the rental contract is formed between the User and the Renter, any dispute which might arise concerning the implementation or termination of the rental contract is subject to the provisions of the rental contract and to the legislation applicable to it. In the event of a disagreement between the Renter and the User, either party may address their complaints to Pro Deck Management. As a mediator, Pro Deck Management commits to intervening and exerting all reasonable efforts to facilitate an amicable resolution between the User and the Renter. Both the Renter and the User agree to provide Pro Deck Management with any pertinent documentation that could support their respective complaints.

 

Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid, or incurred due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).

However, within the scope allowed by law, neither we nor any of our directors, employees, representatives, subsidiaries, affiliated companies, or those involved in platform management and its content shall be held accountable for any direct, indirect, consequential, or punitive losses or damages. This includes but is not limited to loss of production, profit, revenue, contract, goodwill, or reputation. Furthermore, it encompasses inaccuracies in the information (such as rental price, availability) presented in our platform's listings, the services or products provided by the boat provider or other business partners, as well as damages, losses, or costs incurred by you due to the use, inability to use, or delays on our platform.

Additionally, any injury, fatality, property damage, or other resulting damages, losses, or costs—be they direct, indirect, consequential, or punitive—are excluded. These exclusions are regardless of whether they arise from legal actions, errors, breaches, negligence (including gross negligence), intentional misconduct, omissions, non-performance, misrepresentations, tort, or strict liability by or attributed (completely or partially) to the service provider or any other business partners associated with us. This includes their employees, directors, representatives, or affiliated companies whose products or services are made available, offered, or promoted on or through our platform. Events like cancellations, overbooking, strikes, force majeure, or any other occurrences beyond our control also fall within these exclusions.

 

Intellectual property rights

Unless explicitly stated otherwise, the software essential for our services, as well as that which is accessible or utilized on our platform, and the associated intellectual property rights (comprising copyrights) about the content and information on our platform, are the sole property of Prodeckmanagement.com. Prodeckmanagement.com maintains exclusive ownership of all rights, including intellectual property rights, encompassing the appearance and overall impression of the website where the service is provided. This includes translated content. You are expressly prohibited from copying, scraping, publishing, promoting, utilizing, or engaging in any form of use of the content (inclusive of translations and reviews) or our brand without obtaining our prior written consent. Any unauthorized use or actions will constitute a significant infringement upon our intellectual property rights.

 

Dispute between the User and Pro Deck Management

If there arises any disagreement or uncertainty regarding the interpretation or execution of these General Terms, the User agrees to forward their complaints to Pro Deck Management at info@prodeckmanagement.com.

 

Dispute between the Renter and Pro Deck Management

Should there be a complaint arising from the understanding or application of any portion of these General Terms, both Pro Deck Management and the involved Renter commit to exerting all possible efforts to reach a mutually agreeable resolution to their dispute.