Terms of sale

GENERAL CONDITIONS OF USE FOR THE SITE www.bemyboat.com

Preamble:

The purpose of these general conditions (referred to hereinbelow as the “General Conditions”) is to define the operating procedures of the service for the on-line rental of pleasure boats and the publication of advertisements on the site www.bemyboat.com, referred to hereinbelow as the “Site”, managed by the company Bemyboat (referred to hereinbelow as the “Company”), which is registered with the Paris Trade and Companies Register under the number 514630896.

Use of the Site by professional sellers and pleasure boat fleet managers is subject to signature of the conditions of sale applicable to professionals (referred to hereinbelow as the “Professional Conditions”) which can be accessed from the Company on request. A professional is considered to be a legal or physical person that has a SIREN number.

Consequently, the Site user agrees and expressly assents to its relations with the Company being governed solely by these General Conditions and, where applicable, by the Professional Conditions.

The Company reserves the right to amend these General Conditions at any time and shall inform the users via e-mail or by providing information on the Site.

ARTICLE 1 - CAPACITY

Pursuant to Article 1124 of the Civil Code, unemancipated minors are incapable of entering into contracts. Consequently, any sale or purchase, either via post or on-line, will have to be carried out by an adult who is entitled to enter into a contract.

SECTION I – PAID ADVERTISEMENTS

ARTICLE 2 - DESCRIPTION OF THE SERVICE

Advertisements are drawn up using a form available for this purpose on the Site. Throughout the process of entering the advertisement, the user may go back and correct any entry errors. The user must then confirm the advertisement publication request. The publication request is only deemed to have been carried out after full payment of the price. Advertisement shall be available on line only once it has been validated by the Company’s services.

Any request for the publication of an advertisement entails full acceptance of these General Conditions.

The advertisement placed on line will appear within a list of advertisements drawn up according to several criteria (price, type of boat, year, etc.). The user can amend his or her advertisement at any time during its publication period.

After validation of the request for the publication of his or her advertisement, the Seller will receive an e-mail that confirms the publication.

ARTICLE 3 - PRICE

The publication of an advertisement will be invoiced for by the Company based on the prices in force on the day of validation of the publication request, as made available on the Site.

The Company reserves the right to amend its prices at any time.

For a professional seller, the pricing for the advertisements is subject to the Professional Conditions available from the Company on request.

ARTICLE 4 – TERMS OF PAYMENT

The publication costs referred to hereinabove form the subject of an invoice issued by the Company. The User may pay this either directly on the site by credit card, or via a cheque sent to the Company’s head office. In the event of payment by cheque, publication of the advertisement or concluding the rental contract is subject to receiving the payment and its encashment.

Any late payment shall give rise to late payment interest being received that equals three times the official interest rate.

ARTICLE 5 – THE ADVERTISER’S RESPONSIBILITIES

The advertisements placed on line are solely the responsibility of the user who is the author of them. The user undertakes to look up the advertisement once it is placed on line so that he or she can immediately report any incorrect or missing information and make the amendments required to the advertisement.

The user makes the commitment that any advertisement is to relate to a tangible asset that is available immediately, which the user fully owns, or for which the user has valid written selling instructions from the owner of the asset in question.

The user undertakes to provide all useful information for the purpose of selling the asset or service for which he or she has published an Advertisement. The user undertakes to provide true, accurate information.

In any case, the Company reserves the right to delete advertisements that it may deem to be non-compliant or inappropriate. The user may not request a refund for publication costs.

The user undertakes to delete any advertisement that has become irrelevant.

SECTION II – ON-LINE RENTAL

ARTICLE 6 - DESCRIPTION OF THE SERVICE - RENTAL

Via the Site, the user may search for a pleasure boat available for rental, based on criteria such as size, its home port, availability during certain periods, etc.

Within the context of this service, the Company intervenes in its capacity as a business provider. Consequently, if the user decides to confirm the booking, the rental contract is concluded directly by the user and the fleet manager responsible for the boat selected. The rental contract is concluded on-line via the form available on the Site.

Concluding the rental contract involves acceptance of these General Conditions and of the general rental conditions of the fleet manager responsible for the boat selected.

Funds paid to the Company shall be transferred by the Company to the fleet manager, subject to deduction of the applicable commission.

SECTION III – GENERAL STIPULATIONS

ARTICLE 7 – RIGHT OF RETRACTION

In the event of a rental contract being concluded, pursuant to Article L 121-20-4 2° of the Consumer Code, the users does not enjoy the right of retraction provided for by Article L 121-20 of the Consumer Code.

In the case of advertisements, and in light of the immediate publication of advertisements after their validation by the Company, pursuant to Article L 121-20-2 of the Consumer Code, the user waives the right of retraction applicable to distance selling.

ARTICLE 8 - SIGNATURE AND PROOF

In all cases, providing credit card numbers on line shall be deemed to constitute proof of agreement to the payment, in accordance with the provisions of the Law of 13 March 2000. This validation shall be deemed to constitute signature and express approval of the operations carried out on the Site.

ARTICLE 9 - LIABILITY

The Company only offers a support service for advertising and intermediation for the purpose of renting pleasure boats. In this capacity, the Company accepts no liability regarding the accuracy or truthfulness of the content of the details placed on line. The Company shall not bear any liability in connection with the performance of the rental agreement or with the availability of the boat.

To the best of its abilities, and subject to technical constraints, the Company implements every means at its disposal in order to provide Users with reliable services free of defects. The Company thus undertakes to do its best to make the services accessible on an uninterrupted basis, subject however to any breakdowns or maintenance operations required for their proper functioning, an act of God, or an event that is beyond the Company’s control such as a possible malfunction, breakdown, delay or interruption of Internet access.

Under no circumstances may the Company be held liable for any consequential damage that may be sustained by a User, particularly in the case of operating, data, or information losses. It is the User’s responsibility to make regular back-ups for personal use of any data or content published on the Site that he or she wishes to retain.

In any case, the Company may not be held liable for anything above and beyond the price paid by the user.

ARTICLE 10 – PERSONAL DATA

For the purpose of publishing an advertisement or renting a pleasure boat on the Site, the User is invited to enter personal information.

Information and data of a personal nature which are gathered are required for managing services proposed on the Site and securing means of payment. They form the subject of automated data processing carried out by the Company. This automated data processing has formed the subject of a declaration with the CNIL (National Commission of Information Technology and Civil Liberties) under No. 1394814.

In accordance with the Law of 6 January 1978, at any time the User has the right to access, rectify or delete data of a personal nature concerning him or her featured in these files. All that the User has to do to exercise this right is to lodge a request with the Company indicating his or her first name and surname, e-mail address and, if possible, his or her customer references, either directly on the Site in the “Contact” section or by mail to the following address:

Bemyboat

4 rue de Bréa

44100 Nantes

In the event of name-specific data relating to a minor being accidentally gathered, those persons who have parental authority over the minor may object to the data being retained.

The password chosen by the user when his or her “User Account” and ID are created are “Identification Elements”. These Identification Elements are personal to the user and the user undertakes not to divulge them.

The user alone shall be responsible for the uses to which his or her “User Account” may be put by a third party that may have obtained its Identification Elements.

In the event of misuse of the User’s Identification Elements, the Company reserves the right to suspend placement of the User’s advertisements on-line as well as access to his or her “User Account” until the situation is sorted out.

All the items on the bemyboat.com site, whether they are visual or audio, including the underlying technology, are protected by the provisions of the Intellectual Property Code. They are the exclusive property of the Company.

The photos used by the user as part of the request for the publication of a sales advertisement or relating to a rental offer must be free of copyright and it must be possible for the Company to use them for any commercial document.

ARTICLE 12 - CONTACT

Any complaint or dispute relating to using the Site’s services must be forwarded to the following address:

ARTICLE 13 – APPLICABLE LAW - JURISDICTION

The law applicable to relations between the Company and the law is French law.

Apart from in the case of non-professional users, any dispute shall be submitted to the competent court subordinate to the Court of Appeal of Nantes.