Tubber General Terms and Conditions

For the use of this platform and our services, you guarantee that (i) you are at least 18 years old, and (ii) you have the legal authority to enter into a binding agreement (governed by these general terms and conditions) with us. Tubber.com reserves the right to deny access to this platform and the services we offer to anyone.

These general terms and conditions governing the relationship with you apply to all our services made available directly or indirectly (via distributors) online, through a mobile device, by email, or by telephone. By visiting, browsing, and using our website or any of our applications via any platform (collectively referred to as the "platform") and/or by making a reservation, you acknowledge that you have read and understood the general terms and conditions (including the privacy and cookie policy), and you agree to, and accept, the general terms and conditions (including the privacy and cookie policy).

These pages, the content and infrastructure of these pages, and the online boat reservation service provided through the platform (including any customer service) (hereinafter collectively referred to as the "service") are owned, operated, and provided by Tubber.com B.V., located and having its office at Friesestraatweg 211a, 9743 AD, Groningen, the Netherlands (hereinafter "Tubber.com", "we", or "our") and are offered for your personal, non-commercial (B2C) use, subject to the general terms and conditions as set out below.

As the person making the reservation, you are responsible for the actions and behavior (relating to the reservation) of everyone in the group. You are also responsible for obtaining their consent before passing on their personal data to us.

 

Our Service

Through the platform, we (Tubber.com and our partners) offer an online platform where all types of boat operators (such as charters, marinas, flotillas, individual boat owners, water sports rental companies, yacht brokers, boat rental platforms, travel representatives, collectively the "boat providers") can offer, promote, and market their boats for rent, and where visitors to the platform can search, compare prices, and book these boats. In addition to the reservation service, we offer our customer support. Our shipmates are available 24/7 (including weekends) to assist you with any questions and issues. Furthermore, for an additional fee, we guide groups of ships (flotilla) in some sailing areas with a lead ship and skipper. The flotilla leader can provide you with information about the sailing area and assist you with various services. The information and assistance given never relieve you - as the skipper - of your own responsibility for the safety of you and your crew and for safe navigation and use of your boat and any (operational) decisions and actions.

By renting or booking a boat through Tubber.com (including any request thereto), you enter into a direct (legally binding) contractual relationship with the relevant boat provider from whom you rent a boat or with whom you make the request. From the moment you make a request, and/or rent or book your boat, we act solely as an intermediary (agent of the boat provider) between you and the boat provider, sending the details of your (request for) booking to the relevant boat provider and sending you an email confirmation on behalf of the boat provider. A request or reservation is only final after formal confirmation in the reservation process or confirmation email.

Tubber.com does not itself rent out boats and offers no (travel) products or services, unless otherwise indicated or agreed. Tubber.com will in no way be liable or responsible for the actions or omissions of the boat provider (including all damage and costs suffered by guests and/or caused by or at the expense and risk of the boat provider (or persons or (auxiliary) items for which the boat provider is liable). The boat from the boat provider can be operated independently (bareboat), with a skipper, or in flotilla (collective) context.

In providing our services, the information we display is based on the information provided to us by the boat providers. As such, the boat providers have access to an online system through which they are fully responsible for updating the rental price, availability, and other information displayed on our platform. Although we will use all reasonable means in providing our services, we cannot verify or guarantee that all information is accurate, complete, or correct, nor can we be held responsible for any errors (including typographical errors), any missing information, interruptions (whether due to a [temporary and/or partial] failure, repair, upgrade, or maintenance of our platform or otherwise), inaccurate, misleading or untrue information, or failure to deliver information. Each boat provider remains responsible at all times for the accuracy, completeness, and correctness of the information (including the rental price and availability) displayed on our platform. If the rented yacht is not available (e.g., due to damage), another yacht

 may be offered to you by the boat provider.

Our platform does not constitute a recommendation, endorsement, or guarantee of the quality, service level, suitability, rating of a boat provider (or his (additional) products or services and facilities) and should not be considered as such.

If you have purchased insurance through our platform, please consult the insurance policy or the terms and conditions of the relevant insurance for further information. These general terms and conditions do not apply to insurance. Tubber.com.com is not a provider, agent, or (re)seller of insurance, and this falls outside the scope of our service.

 

Prices

Unless otherwise stated, all prices on the Tubber.com platform are per boat for your entire reservation, including VAT and all other taxes (subject to changes in such taxes), and any additional charges and extras (such as fuel surcharge, flotilla surcharge), unless stated otherwise on our platform or in the reservation. Additional charges, fees, or costs may be applied for additional services and products (including final cleaning and any extra persons beyond those specified in the relevant offer).

Applicable surcharges, fees, and taxes (including possible tourist tax) may be charged by the boat provider in the event of a no-show or cancellation. Sometimes, cheaper rates are available on our platform for a specific duration or product. However, these rates offered by the boat provider may come with special restrictions and conditions, for example, non-cancellable and non-refundable. Please carefully check the relevant product and reservation conditions and details before making your reservation.

Apparent errors and mistakes (including typographical errors) are not binding.

We charge an administrative fee of EUR 35 (including VAT) per reservation. Boat providers pay us a fee for each reservation (a small percentage of the boat rental price) after the renter has paid the rental price.

All special offers and promotions are marked as such. If not marked accordingly, you cannot derive rights from apparent errors or mistakes.

Some of the prices you see may be rounded to the nearest whole number. The price you pay will be based on the original, 'unrounded' price (although the actual difference will likely be small).

If your method of payment is in a different currency than the stated payment currency, your bank or payment method provider (or their payment service providers) may charge additional costs. For example, this can occur if your credit card is in euros, but the boat provider charges in dollars or pounds.

If you are aware of or suspect any fraudulent behavior or any unauthorized use of your payment method, contact your payment provider as soon as possible.

 

Boat Providers

The relationship we have with various boat providers is governed by separate agreements with the respective providers. Each provider is expected to offer their product or service on a professional basis. Please note that boat providers – in addition to the policies and fine print as stated on the website – may have their own general terms and conditions and house rules that apply to the use of the boat (these conditions may include certain disclaimers and liability limitations).

Only boat providers that have a commercial relationship with Tubber.com (via an agreement) will be made available on the platform (for their B2B and/or B2C promotion of their product). Tubber.com is not an open platform (like Amazon or eBay) where end-users can make their product available (not a C2C platform); Tubber.com does not allow non-professional parties to offer or sell their products on or via Tubber.com.

Tubber.com.com and the boat provider are each entitled to terminate their relationship for any reason (including breach of contract or (application for) bankruptcy) with due notice as agreed between both parties.

Take good care of the boat and its furniture, electronics, and other contents and facilities and leave things in the same condition as when you arrived. Report any damage timely to the boat provider.

 

Privacy and Cookies and Account

Tubber.com respects your privacy. Please consult our privacy statement for more information.

If you want to make a reservation, you must create an account. Make sure all your information (including payment and contact details) is correct and up-to-date, as otherwise, you may not be able to access your (transaction) details. You are responsible for everything that happens with your account, so make sure no one else uses it and keep your username and password secret.

 

Payment, Refund, and Cancellation/Amendment (Conditions)

Read the reservation conditions carefully so that you are aware of any applicable payment, cancellation, and/or amendment conditions before you rent.

Boat providers may require that the rental price (in whole or part) be paid to guarantee the rental. During the reservation process, you will be asked to make a deposit and/or security deposit for your rental to the relevant boat provider. The payment is securely processed from your credit card/debit card or bank account to the boat provider's bank account via an external payment processor. For certain products and services, Tubber.com.com (via external payment processors) facilitates the payment of the relevant reservation on behalf of the boat provider.

Any payment facilitated by us on behalf of and transferred to the boat provider will in any case constitute a discharging payment of (part of) the booking price of the relevant product or service, and such paid amounts cannot be reclaimed.

By making a reservation on our platform, you agree to and accept the relevant conditions offered during the booking process (for example, payment conditions, amendment conditions, and/or no-show/cancellation conditions) of the relevant boat provider, and any additional general terms and conditions (including house rules) of the boat provider that may apply to your booking or rental, including (additional) services and/or products offered by the boat provider. The general terms and conditions (including house rules) of a boat provider can be obtained from the relevant boat provider.

The amendment/cancellation conditions are available on our platform on the relevant rental page, during the reservation process, and in the confirmation email. Please note that some rental options may not be canceled or modified. The right of withdrawal under European consumer law does not apply when booking a boat.

Check the reservation conditions and other important information and conditions (such as age requirement, accessibility, possible conditions (required skills, certificates, and sailing licenses), and charges for group booking, drop-offs, and any additional security deposits) before you reserve. And do not forget to make any further (advance) payments timely and in full.

Please note that a reservation may be canceled (without prior warning or notification) if the relevant (remaining) rental amount(s) or security deposit cannot be collected on the relevant payment date in accordance with the relevant payment policy of the reservation. Late payment, incorrect bank, debit, or credit card details, invalid credit cards/debit cards, or insufficient funds in your account are at your own risk and responsibility. You have no right to a refund of any (non-refundable) prepaid amount, unless the boat provider and/or its payment/cancellation conditions agree otherwise.

If you want to view, modify, or cancel your reservation, consult the confirmation email and follow the instructions therein. Please note that there may be costs associated with your cancellation in accordance with the cancellation, (advance) payment, and no-show policy of the boat provider, or you may not be entitled to any refund of any (advance) paid amount.

You cannot hold Tubber.com.com liable or responsible for any (authorized, (allegedly) unauthorized, or incorrect) costs by the boat provider, and you will not claim any amount (again) for any valid or authorized costs by the boat provider (including for prepaid costs, no-show, and non-refundable cancellation).

In the event of a no-show or charged cancellation, the possibly applicable tourist tax may still be charged by the boat provider.

In case of payment in your own currency (instead of the requested foreign currency), certain exchange rates and/or additional costs/charges may be applied by the payment processor. In case of a refund, the payment processor may use different costs, charges, and/or exchange rates than those used at the time of reservation and/or payment thereof.

 

Correspondence and Communication

By completing a reservation, you agree to receive (i) an email from us, providing you with information about your rental option and supplying certain information and offers (including third-party offers, provided you have actively subscribed to this information) that are relevant to your rental and destination, and (ii) an email that we send after the end of your rental, inviting you to leave your review.

We can assist you in communicating with your boat provider, but this does not mean we take responsibility for the booked product or service, travel experience, or anything the boat provider does or does not do. We cannot guarantee that they will read anything from you or will comply with your requests. The mere fact that you contact them or they contact you does not constitute grounds for legal action.

If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to communicate this (timely/immediately) with the boat provider, so they know when to expect you to prevent cancellation of your reservation or charges for a no-show. Our customer service can assist you in informing the boat provider if necessary. Tubber.com accepts no liability or responsibility for the consequences of your delayed arrival or any cancellations or no-show charges that may be charged by the boat provider.

To properly complete and secure your reservation, you must use your correct email address. We are not responsible or liable for a wrong or misspelled email address or an incorrect or wrong (mobile) phone number or credit card number (and have no obligation to verify or correct the provided information).

 

Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we are only liable for direct damage actually incurred, paid, or suffered by you due to an attributable failure to meet our obligations in respect of our services, up to an aggregate amount of the total costs of your reservation as set out in the confirmation email of the reservation (whether for one event or a series of connected events). We are not liable for any loss, theft, injury, or damage incurred during the travel and charter period.

To the extent permitted by applicable law, neither we, nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents are liable for:
(i) any punitive, special, indirect or consequential damage, loss of production, profit loss, revenue loss, contract loss, damage to goodwill or reputation, claim loss;
(ii) any inaccuracy relating to the (descriptive) information (including prices, availability, and ratings) of the boat provider as made available on our platform;
(iii) the services rendered or the products offered by the Travel Provider or other business partners;
(iv) any (direct, indirect, consequential, or punitive) damages, losses or costs suffered, incurred or paid by you, arising from, resulting from or connected with the use, inability to use or delay of our platform; or
(v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the boat provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliates) whose products or services (directly or indirectly) are made available, offered or promoted on or through the platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

Tubber.com is not responsible (and disclaims any liability) for the use, and the quality and suitability of the rented boat and does not provide any guarantees or assurances of any kind, implied, statutory, or otherwise.

You acknowledge and agree that the respective boat provider is solely responsible and assumes all responsibility and liability in relation to the reservation and rental (including with respect to (the use and suitability of) the boat (and any repairs). Complaints or claims relating to the reservation (including regarding the offered boat, (special/promotional) price, terms, or specific requests from customers) should be dealt with by the boat provider. Tubber.com is not responsible for and disclaims any liability with respect to such complaints, claims, and (product) liabilities.

Regardless of whether the boat provider has charged you fees for your reservation or use of the boat, or whether we facilitate the payment of the price, you agree and acknowledge that the boat provider is at all times responsible for collecting, withholding, remitting, and paying the applicable taxes due on the total amount of the reservation to the relevant tax authorities. You are responsible for any local (tourist/harbor/city) taxes, harbor fees, and toll fees.

Tubber.com is not liable or responsible for the collection, withholding, remitting, or paying of the relevant taxes due on the reservation or remittance to the relevant tax authorities. Tubber.com does not act as a (re)seller/lessor of products or services made available on the Platform.

To the extent legally permitted, any claim or complaint against Tubber.com or in relation to the (travel) service/product must be promptly submitted, but in any case within 30 days after the scheduled day of consumption of the product or service (e.g., end date of the trip). Any claim or complaint submitted after the period of 30 days may be rejected, and the claimant loses their right to any (damage or cost) compensation.

If you breach these general terms and conditions and/or the terms of the boat provider, we are not liable for costs incurred by you as a result.

In case of violation of these general terms and conditions or relevant applicable legislation, we reserve the right to cancel your reservation (at your own expense and risk). If we cancel your reservation in such a case, you may (depending on the circumstances) not be entitled to a refund. We will inform you why we have canceled your reservation unless telling you (a) violates applicable laws and/or (b) prevents or hampers the detection or prevention of fraud or other illegal activities.

Note: you are responsible for verifying, demonstrating, and complying with any entry requirements of your destination and any required qualifications (boating license, VHF license, international certificate of competence (ICC)) and experience levels for certain sailing destinations and types of boats (for you and your crew). The boat provider may be entitled to set additional conditions or to cancel your booking (without refund) if you do not meet certain required qualifications or experience levels.

Permission from the boat provider is required to bring any pets, and additional costs may apply.

Suggested routes and programs may be adjusted at any time if circumstances require it. No rights can be derived from stated routes/programs or group arrangements, nor do deviations entitle to refunds or any other form of compensation. For any damage, costs, and/or loss of travel enjoyment resulting from incorrect directions/information from the flotilla leadership, or the complete or partial absence of flotilla guidance, we are not liable.

 

Intellectual Property Rights, User Content, and Reviews

Unless otherwise stated, all intellectual property rights (including copyrights) in and on our platform (including the (underlying) technology, database, software, information (including any translations), photographic material, film material, trademarks, emblems, logos, trade name, design and look & feel) are owned by Tubber.com (or its licensors).

You are not authorized to copy, scrape/crawl, download, publish, promote, deeplink, sell, reproduce, display, monitor (e.g., spider, scrape), or otherwise use the material, information (including any translations and reviews) or our brand (for commercial purposes, competitive purposes, or other purposes) without our prior written permission. Any unlawful use or conduct will constitute a material breach of our intellectual property rights, and we reserve all rights (including the right to block you or withhold our services).

By uploading photos/images to our system (e.g., as part of a review), you represent, warrant, and agree that you own the copyright in the photos/images and that you agree that Tubber.com may use the uploaded photos/images on its website (mobile website and app) and in (online/offline) promotional materials and publications as Tubber.com deems appropriate at its discretion. You grant Tubber.com a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Tubber.com deems appropriate. By uploading these photos/images, the person uploading the photo(s) accepts full legal responsibility for all legal claims filed by third parties (including but not limited to boat providers) as a result of publications on Tubber.com and the use of these photos/images. Tubber.com does not own the photos/images uploaded and does not endorse them. The truthfulness, validity, and right of use of all photos/images are assumed by the person who uploaded the photo and are not under the responsibility of Tubber.com. Tubber.com disclaims all responsibility and liability for the posted photos. The person who uploaded the photo guarantees that the photos/images will not contain viruses, Trojan horses, or infected files and will not contain pornographic, illegal, obscene, offensive, objectionable material or material that infringes third-party (intellectual property right, copyright, or privacy) rights. Any photo/image that does not meet the above criteria will not be posted and/or may be removed/deleted by Tubber.com at any time and without prior notice.

Your review may be uploaded on the page of the relevant boat provider on our platform to inform (future) users about what you thought of the rented service. We reserve the right to edit, refuse, or remove a review if it does not comply with our content guidelines.

Based on our content guidelines, we may refuse or adjust information that:
- Is misleading or otherwise confusing or deceptive;
- Contains hateful, discriminatory, offensive, threatening (including political, blasphemous, or privacy-sensitive comments or information);
- Includes content not relevant to Tubber.com, the travel experience, or the travel product/service;
- Contains allegations that could be considered defamatory, libelous, or otherwise inappropriate;
- Includes content that could compromise the privacy of our staff, customers, partners, and other stakeholders.

Tubber.com.com does not compensate or reward customers for completing a review. The review form should be regarded as a survey and contains no (further commercial) offers, invitations, or incentives. Tubber.com.com commits to doing everything possible to monitor and remove reviews containing obscenities or the mention of a person's name or references to stolen goods.

 

Amendment Clause

We may amend or supplement these general terms and conditions from time to time. When such changes are materially significant and relevant to you, we will notify you before such changes take effect, unless the changes are legally required. By continuing to use our platform and services, you implicitly agree to any adjustments and changes to, and the latest version of our general terms and conditions. Existing reservations remain subject to the general terms and conditions as applicable at the time of reservation.

 

Complaints, Applicable Law, and Forum

If you have a question or complaint, please contact our customer service. You can do this by calling our customer service or sending an email to [email protected]. You can help us assist you as quickly as possible by providing the following:
- your reservation confirmation number, your contact details, and the email address you used when making the reservation;
- a summary of the issue, including how you would like us to help;
- any supporting documents (bank statement, photos, receipts, etc.).
All questions and complaints are recorded, and the most urgent matters are prioritized.
If you are a resident of the European Economic Area and are dissatisfied with how we handle your complaint, you may be able to file a complaint via the European Commission's Online Dispute Resolution (ODR) platform (ec.europa.eu/odr). You are also free to turn to the competent court as indicated below.
To the extent legally permitted and unless otherwise agreed, these general terms and conditions and the provision of our services are governed by and construed in accordance with Dutch law, and any disputes arising from these general terms and conditions and our services will exclusively be submitted to the competent court in Groningen, the Netherlands.

You may also rely on your national consumer legislation if you are a consumer residing in a country in the European Economic Area, the United Kingdom, or Switzerland (hereinafter “Europe”).

If you are a consumer residing in Europe:
- You can sue us:
(i) in the competent court of the country where you live, or
(ii) in the competent court in Groningen.
- We can sue you in the competent court of the country where you live.

 

Miscellaneous

The original Dutch version of these general terms and conditions may be translated into other languages. In the event of a dispute over the interpretation of these terms or a discrepancy between the Dutch version and another language version, the Dutch version shall apply, prevail, and be decisive. The Dutch version is available on our website.

If there is a conflict between general and specific terms and conditions, the specific terms and conditions apply.

If any provision of these general terms and conditions is or becomes invalid, unenforceable, or non-binding, you remain bound by all other provisions. In such a case, such an invalid provision shall nevertheless be enforced to the extent permitted by applicable law, and you will at least agree to accept a result similar to that of the invalid, unenforceable, or non-binding provision, in respect to the content, purpose, and intent of these general terms and conditions.

In the event of a dispute over the content or interpretation of these general terms and conditions or inconsistency or discrepancy between the Dutch version and another language version of these general terms and conditions, the Dutch version, to the extent permitted by law, shall apply, prevail, and be convincing. The Dutch version is available on our platform or will be sent to you upon written request.

The terms 'rent', 'renter', 'rental', or 'landlord' are used from time to time in these general terms and conditions, reservation confirmation, and any further communication (including in your interaction with the boat provider). Although these terms are often used in the context of yacht rentals, charters, and flotillas, tenancy law does not apply to our service, the reservation, or the use of the boat. Therefore, you do not enjoy the legal protections that tenancy law provides.

 

About Us

The platform and service are offered by Tubber B.V. For information about reviews, rankings, how we make money (and more), visit https://www.tubber.com/en/let-your-boat/ on our website.

 

This text is a translation of the original Dutch version of the Terms and Conditions. In the event of discrepancies between this translation and the Dutch version, the Dutch version shall prevail.