Terms And Conditions

Terms And Conditions

Updated May 4th, 2015

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.  INFORMATION PROVIDED BELOW WILL DICTATE HOW THIS WEBSITE OPERATES & CONTAINS INFORMATION ON YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

Dock Skipper is an online platform that acts to connect vessel owners (defined below) with available property listings (defined below) for rental.  By using the Dock Skipper website located at www.dockskipper.com, you agree to comply with and be legally bound by the terms and conditions listed below.  These terms govern your access and use of the Dock Skipper website and create a legal binding between you and Dock Skipper.  If you do not agree to these terms, you have no right to continue using the Dock Skipper website and should exit the site immediately.  Failure to abide by the below terms can subject you to civil and criminal penalties.

IMPORTANT
BY USING THE DOCK SKIPPER WEBSITE, YOU UNDERSTAND THAT DOCK SKIPPER IS ONLY A PLATFORM IN WHICH HOSTS CAN CREATE LISTINGS (DEFINED BELOW) AND VISITORS (DEFINED BELOW) CAN LEARN ABOUT AND BOOK THESE LISTINGS DIRECTLY WITH THE HOST.  YOU UNDERSTAND AND AGREE THAT DOCK SKIPPER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND VISITORS.  FURTHER, YOU UNDERSTAND THAT DOCK SKIPPER HAS NO CONTROL OVER THE CONDUCT OF HOSTS OR VISITORS AND WILL NOT BE HELD LIABLE IN ANY WAY FOR THEIR ACTIONS.  YOU UNDERSTAND THAT DOCK SKIPPER DOES NOT PROVIDE INSURANCE OF ANY KIND FOR THE LISTINGS OR VESSELS THAT MAY BE INVOLVED IN THE AGREEMENT BETWEEN HOSTS AND VISITORS.  DOCK SKIPPER CANNOT BE HELD LIABLE FOR ANY DAMAGES INCURRED BY EITHER THE HOST OR VISITOR DUE TO, OR IN RELATION TO BOOKINGS MADE ON THIS WEBSITE.

Key Terms
“Host” means a Member who has created a listing on the Dock Skipper Platform.
“Visitor” means a Member who has requested and/or booked a listing on the Dock Skipper Platform.
“Member” means a person who completes registration on the Dock Skipper website.
“Booking Period” means the time period from when the reservation begins (arrival date) to when it ends (departure date).

YOU ACKNOWLEDGE AND AGREE THAT BY CONTINUING TO USE THE DOCK SKIPPER WEBSITE YOU HAVE READ AND AGREE TO THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM TO THE FULLEST EXTENT OF THE LAW.  EVEN IF YOU HAVE NOT REGISTERED FOR AN ACCOUNT, YOU STILL AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU HAVE NO RIGHT TO BE ON OR USING THIS WEBSITE AND SHOULD LEAVE IMMEDIATELY.  IF YOU ARE USING THIS WEBSITE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR LEGAL ENTITY TO THESE TERMS AND IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.

Modification
Dock Skipper reserves the right to modify these terms and conditions at any time without prior notice.  In the case that these terms and conditions are updated, we will update the modification date at the top of this page to represent the new modification date.  By continuing to use the site after we have updated the terms and conditions, you are agreeing to be bound by the modified terms and conditions.  If the updated terms and conditions are not acceptable to you, you must stop using the Dock Skipper website immediately.

Eligibility
You must be 18 years or older to use the Dock Skipper website.  By accessing our site, you represent and warrant that you are 18 years of age or older.  If you are under the age of 18, you must exit this website immediately and cease to use it.

Use
The Dock Skipper platform works by connecting hosts with available listings, to visitors with a need to book a listing for a vessel.  Dock Skipper does not own or is not an operator of any of the properties listed on this website.  Dock Skipper does not control the content that is listed on each properties listing page.  Therefore, we are not legally responsible for false disclaimers or claims by hosts or visitors.  Accordingly, all bookings will be made at the guests own risk.

Account Registration
In order to create a listing, make a reservation, or contact a guest or host, you must have an active Dock Skipper account.  When creating your account, you agree to provide accurate, current and complete information and keep it accurate, current and complete.  You also agree to only have one active Dock Skipper account.  Dock Skipper reserves the right to suspend or terminate any users account at any time without notice.  If your account is ever jeopardized, you agree to immediately inform Dock Skipper so we can ensure security.  You agree to never provide your Dock Skipper password to third parties.

Creating Listings
Once you have created an account, you are eligible to create listings.  In the listing creation process, you will be asked specific questions related to your listing.  You agree to answer all questions honestly and to the best of your knowledge.  You understand that by creating a listing, visitors will be able to view and request to book your reservation through the Dock Skipper platform.

By creating a Dock Skipper listing you acknowledge and confirm that this listing (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties)  (b) not conflict with the rights of third parties.  Dock Skipper assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.

At any time, without prior notice, Dock Skipper reserves the right to cancel or suspend any listing on the website.

By creating a listing, you understand that Dock Skipper does not provide insurance of any kind.  If a booking is made on your listing, any agreement you enter into between you and the visitor is strictly between you and the visitor.  Dock Skipper is not part of that agreement.  Dock Skippers sole purpose is to act as a platform for connect hosts and visitors and also acts as an authorized payment collection agent for the host for set amounts stipulated by the host.

As a host, you are solely responsible for deciding who is acceptable to book your listing.  For each booking request received on your listing, you should carefully evaluate the guest ensuring they meet your standards.  Dock Skipper highly recommends obtaining appropriate insurance for their listing.  If you have an existing policy in place, please review the policy carefully and familiarize yourself with any exclusions that may apply including but not limited to, whether or not your insurance policy will cover the actions or inactions of visitors (and the individuals the visitor invites to the listing, if applicable) while at your listing.

No Endorsement
Dock Skipper does not endorse any member or listing.  Any reference on the Dock Skipper website to a member or listing being “verified” (or similar language) only indicates a host or visitor has completed a verification process.  This information is only intended to assist you in evaluating a specific listing or guest.  We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a host or to accept a booking request from a visitor.

By using Dock Skipper, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Dock Skipper with respect to such actions or omissions.

Payment Collection
Each host agrees that Dock Skipper will serve as the payment collection agent.  Furthermore, each host agrees that payment made by a visitor through Dock Skipper, shall be considered the same as a payment made directly to the host.  In return the host agrees to make the listing available to the guest in the agreed upon manner for the agreed upon dates as if the host has received the listing fees.  Each Host agrees that Dock Skipper may, in accordance with the cancellation policy selected by the host and reflected in the relevant listing, (i) permit the visitor to cancel the booking and (ii) refund to the Guest that portion of the booking fees specified in the applicable cancellation policy.   Each host understands that as Dock Skipper accepts payments from visitors as the host’s payment collection agent and that Dock Skipper’s obligation to pay the host is subject to and conditional upon successful receipt of the associated payments from visitors. Dock Skipper does not guarantee payments to hosts for amounts that have not been successfully received.

Booking Terms For Guests
The host is solely responsible for honoring all confirmed bookings and making available the listing for the reserved dates.  By booking a listing, you agree that you are entering into an agreement with the host and you accept all terms, conditions, rules, and restrictions associated with that specific listing.  You acknowledge and agree that you, not Dock Skipper, will be responsible for performing the obligations of any such agreements and that Dock Skipper is not a party associated with the agreement.  You acknowledge that Dock Skipper is not a party in the agreement between you and the host, Dock Skipper solely acts on behalf of the host for the limited purpose of accepting payments from you.  Once a booking request is accepted by a host and an invoice is generated, you are able to complete payment for the booking.  Upon payment completion, you are agreeing that Dock Skipper can charge your credit card for the full amount listed on the checkout screen including applicable taxes & fees.  Dock Skipper will not be held liable for any fees that may or may not be charged by your financial institution in relation to the booking charge.

Service Fees
Dock Skipper charges service fees for the use of their online marketplace and platform.  Dock Skipper will subtract those service fees from the balance prior to remitting the remaining amount to the host.  Payments to host will be made either via ACH direct deposit or mailed check.  The service fees will always be non-refundable.

Guest Cancellations
If as a guest, you cancel a booking prior to the arrival date the refund amount that will be applied will be based upon the cancellation policy assigned to the listing at the time of booking.  More information on each cancellation policy can be found on the Cancellation Policies page.  The booking service fee is non-refundable in all cases regardless of the cancellation policy in place on the listing.

Host Cancellations
If as a host you cancel a confirmed booking, Dock Skipper may apply penalties or consequences to you or you listing.  Dock Skipper may: (i) publishing an automated review on your listing indicating that a reservation was cancelled, (ii) keeping the calendar for your listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts).

Dock Skipper Cancellations
In certain circumstances, Dock Skipper may decide in its sole discretion, that it is necessary to cancel a confirmed booking made on the Dock Skipper website.  In those circumstances, both parties will be notified and Dock Skipper.

Taxes
As a listing host, you understand and acknowledge that appropriate government agencies, departments or authorities where your listing is located may require taxes to be collected by hosts from visitors on the amount paid.  You acknowledge that Dock Skipper does not collect these taxes and it is solely your responsibility to remit these taxes to the appropriate authorities.

Damage To Listings
As a visitor, you are responsible for leaving the listing in the condition it was in when you arrived.  You acknowledge and agree that, as a visitor, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the listing. In the event that a host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of the damage. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card used on the booking.   If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the listing.  Both visitors and hosts agree to cooperate and assist Dock Skipper in good faith and to provide accurate information so Dock Skipper can be informed to take such actions in connection with any complaints or claims.  You agree to participate in mediation or similar resolution during such claims in which the final say will be solely up to Dock Skipper.

If you are a visitor, you understand and agree that Dock Skipper reserves the right to make a claim under your vessels insurance policy related to any damage or loss that you may have caused or been responsible for at a listing.  You agree to act in good faith, and provide Dock Skipper the necessary information so that Dock Skipper can make such a claim.

User Conduct
You understand and agree that you are solely responsible for compliance with all laws, rules, regulations, and tax obligations that may apply to your use of Dock Skipper.  In connection with your use of the site, you agree that you will not:

•    violate any local, state, provincial, national, or other law or regulation, or any order of a court;
•    use this site for any commercial or other purposes that are not expressly permitted by these terms;
•    copy, store, or otherwise access any information contained on Dock Skipper for purposes not expressly permitted by these terms;
•    infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
•    offer, as a host, any listing that you do not own yourself or have permission to rent;
•    register for more than one Dock Skipper accounts or register a Dock Skipper account on behalf of someone other than yourself;
•    request a booking at any listing where you will not be staying yourself;
•    contact a host for any purpose other than asking a question directly related to the booking of their listing;
•    contact a host or guest through Dock Skipper and then complete a booking of a listing outside of the Dock Skipper website;
•    as a host, submit a listing with false, or misleading information
•    as a host, request additional money from the visitor upon arrival without explicitly stating it in the listing information;
•    upload, or submit content that infringes upon copyrights, intellectual property rights, or violates any third party patents, copyrights, trademarks, or trade secrets;

Dock Skipper reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Privacy
View the Dock Skipper Privacy Policy at https://www.dockskipper.com/privacy-policy

Member Content
Any content added to the site including images and textual content is considered member content.  You acknowledge and agree that all member content may be re-used by Dock Skipper for the use of promotion and advertising.  You hereby grant Dock Skipper the sublicense to use, view, copy, adapt, modify, distribute, license, sell, transfer, public display, transmit, stream, view and other exploit this member content.

Disclaimers
BY USING THE DOCK SKIPPER SITE AND SERVICES, YOU ACKNOWLEDGE YOU ARE DOING SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND UNDERSTAND THAT DOCK SKIPPER DOES NOT CONDUCT BACKGROUND CHECKS ON ITS USERS OR LISTINGS.  THIS SITE IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.  DOCK SKIPPER MAKES NO GUARANTEE THAT THE LISTINGS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  DOCK SKIPPER MAKES NO GUARANTEE ON THE QUALITY OF THE LISTINGS AND YOU ARE COMPLETING BOOKINGS AT YOUR OWN RISK.  DOCK SKIPPER WILL NOT BE HELD LIABLE FOR INACCURACY, DELAYS, OR INCORRECT CONTENT UPLOADED OR PROVIDED BY THE USERS.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF DOCK SKIPPER.  DOCK SKIPPER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE TRUTHFULNESS OF ANY STATEMENTS MADE BY ITS MEMBERS.  YOU ACKNOWLEDGE THAT YOU ARE EXPECTED AND REQUIRED TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH THE OTHER USERS OF THE DOCK SKIPPER WEBSITE.

Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF DOCK SKIPPER, YOUR LISTING OR BOOKING OF ANY PROPERTY VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF DOCK SKIPPER WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER DOCK SKIPPER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES,  OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOCK SKIPPER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Entire Agreement
These terms constitute the entire and exclusive understanding and agreement between Dock Skipper and you regarding the Dock Skipper website.  These terms supersede and replace any and all prior oral or written understandings or agreements between Dock Skipper and you regarding bookings or listings of this site.  The failure of Dock Skipper to enforce any right or provision in these terms will not constitute a waiver of future enforcement and that right or provision. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect.  If you have any questions regards these terms, please contact us at [email protected]