Last updated: 15th of April 2023
Please read these Terms & Conditions (“Terms”, “Terms of Use”) carefully before using the https://boatcharter.fo website (the “Service”, “Boatcharter.fo”, “Boatcharter.fo Website” or the “Boatcharter.fo Platform”) operated by Sp/f Far (“us”, “we”, or “our”). Sp/f Far is a limited liability company registered in the Faroe Islands with the business registration number (V-tal) 650293.
Your access to and use of the Service provided by the Boatchater.fo Platform is conditioned on your acceptance of and compliance with these Terms. These Terms outline a binding contract applying to all visitors, Users, and others who access or use the Service. The Terms constitute all the rights and obligations of Boatcharter.fo and Users regarding their purpose. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.
Notice that Boatcharter.fo may modify these terms. In doing so, we will update the “Last updated” date on the top of these Terms. Users will receive a notice at least 4 weeks in advance of any changes in these Terms.
The Boatcharter.fo Platform is designed to bring “Boat Owners” and “Renters” in contact with each other and to facilitate the chartering of boats and associated services. The Service includes the management of communication and payments between Users.
Boatcharter.fo is and remains a third party to contracts between Boat Owners and Renters. Boatcharter.fo is therefore not bound to fulfil Users’ contractual obligations in their place and cannot be held liable for any breaches of such obligations.
The Boatcharter.fo Platform collects and uses given personal data for several purposes outlined in our Privacy Policy to be found elsewhere on the website.
Specific Renter Terms
1.1 Using the Boatcharter.fo Platform. There are several types of Boats enlisted on the Boatcharter.fo Platform. By viewing the description and photos and Boat Owner’s profile you can learn more about a listed Boat. You may also send a message to the Boat Owner with specific questions. Using filters, you can narrow the listings to your specified criteria. Examples of filter criteria are type of Boat, marina, travel dates and whether the Boat is chartered with or without a captain.
1.2 Booking Request. In selecting a Boat, a Start Date, an End Date, and any additional options proposed in the Listing, this constitutes a Booking Request. Please allow the Boat Owner 72 hours to respond to your request.
1.3 Booking. Once the Booking Request has been accepted by the Boat Owner you are ready to make your Booking. In making a Booking of a listed Boat, you are agreeing to all charges associated with your booking. The Total Rental Price includes the Service Fee for the Boatcharter.fo Platform, VAT, as well as all other costs identified by the Boat Owner. You are agreeing that Boatcharter.fo may reserve a Security Deposit as outlined in this document under Payment Terms.
Your Booking issues a Contract between you and the Boat Owner. This contract includes a Cancelation Policy and other standards identified in the Boat Listing and during the checkout process.
1.4 A Lease. A lease of a Boat is a limited license to use the Boat. The Boat Owner retains the right to re-enter the Boat during your stay if it is reasonably necessary, if permitted by the contract, or if it is consistent with applicable law. If the Boat is not returned within the stipulated deadline, the Boat Owner is entitled to take reasonable steps, within the frame of applicable law, to regain possession of the Boat. When renting a Boat, you are not allowed to exceed the maximum number of crew members corresponding with the Boat’s safety equipment.
1.5 Cancellations. When you cancel a reservation, the amount refunded to you, is determined by the cancellation policy that applies to that reservation. If the Boat Owner cancels, you will receive a full refund.
Any cancellations must in advance be communicated to Boatcharter.fo in writing via the User Account. The cancellation only becomes effective once Boatcharter.fo has responded with a notification of the cancellation.
1.6 Changes in a Booking. Renters and Boat Owners may agree on making changes in a booking and will be responsible for these changes. They may also request the customer service at the Boatcharter.fo Platform to make a change in the booking. In making changes in a booking the parties agree to pay any additional amounts, fees or taxes associated with the changes.
1.7 Responsibilities as a Renter. You are responsible to be the owner of the bank card used in making a booking. You are similarly responsible to hold in your bank account the amount of the Security Deposit from 14 days prior to the first Rental Date until 7 days after the Rental End Date.
You are responsible for meeting the Boat Owner at the scheduled time and to sign a Charter Contract with the Boat Owner to take charge of the Boat. Before signing the Charter Contract with the Boat Owner, you are responsible for checking the Boat’s condition, the presence of on-board equipment outlined in the Boat specifications/Inventory as well as the presence of safety equipment appropriate with the Boat’s sailing category, hereunder the validity of any technical inspections.
1.8 Dispute over a listing. In case of a mismatch, dispute or disagreement over the listing and/or the Boat, you are required to notify Boatcharter.fo within two hours after the start of the rental period, to claim the blocking of the payment, until the issue can be resolved between the Parties. Renters should decide whether, or not they wish to cancel the Charter of the boat. If the Renter decides to maintain the Charter, they may not request reimbursement of the Rental Cost. If the Renter decides to cancel the Charter, Boatcharter.fo agrees, on a commercial basis, to refund Renters in full for the Rental Cost by bank transfer within two weeks of the cancellation. This does, in no way, allow the Renter to incur the liability of Boatcharter.fo.
1.9 Sailing Qualifications. When chartering a Boat without a captain, you are responsible to hold the diplomas, licenses, and/or qualifications corresponding to the Boat and navigation plan. If you intend that another occupant of the Boat, other than yourself as the Renter, operates the Boat, this requires that i) the crewmember hold the proper diplomas, licenses and or qualifications ii) the Boat Owner has received the diplomas/licenses and accepted that this crewmember operates the Boat (This agreement must be stated in writing in the Signed Rental Contract). You are obliged to use the Boat in a responsible manner solely for recreational boating, according to maritime and custom legislation. You must be medically able to navigate and operate the Boat and under no circumstance must a Boat or equipment be handled under the influence of alcohol or drugs.
1.10 Your Responsibility. You, as a Renter, are responsible for your own acts and the acts of anyone you invite to join you on the Boat. You must act with integrity, treat others with respect and to comply with all laws. If any of your crew or guests on-board is a minor, you must be legally authorized to act on behalf of this minor and you are responsible for the supervision of that minor.
The Boat must be returned in a clean and proper state to the Boat Owner at the stipulated handover time. The Boat and equipment must be in the same condition as when the rental period began. The Boat must be returned with the same level of fuel as it had during the handover unless otherwise agreed. The Boat must be returned at its marina of departure unless otherwise agreed in writing.
Specific Boat Owner Terms
2.1 Boat Owner. When you list your Boat on the Boatcharter.fo Platform, you are in control of how you lease out your Boat. You must provide accurate information about your Boat, your price, charges such as cleaning fees, off-line fees, pre-paid fuel charges, security deposits and other requirements that apply to your Listing. All fees and charges must be described in your Listing description, and you may not collect any additional fees outside the Boatcharter.fo Platform. Do not encourage Renters to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Boatcharter.fo Platform. Keep your availability calendar and content in your Listing up to date and accurate.
2.2 Your relationship with Boatcharter.fo. Your relationship with Boatcharter.fo is that of an independent entity and you control your Listing. If you list your Boat as a Co-Boat Owner, an organization, or a business, you must be authorized to enter binding contracts, on behalf these entities, under these Terms. The role of the Boatcharter.fo platform is to act as a Venue facilitating chartering of Boats and acting as a payment collection agent as specified in the Payment Terms. As a Boat Owner Listing at the Boatcharter.fo Platform, you must be able to prove that you are the owner of any Boat(s) listed.
2.3 Your Listing must be properly declared and registered with the appropriate authorities. Listed Boats must have up-to-date equipment, be maintained properly, have undergone appropriate inspections and have the safety equipment suitable for their sailing category. You are responsible for understanding and complying with laws and regulations applying to your Listing (e.g., coast guard regulations, zoning laws, marina regulations, and laws governing rental and operation of Boats).
Boatcharter.fo is not a guarantor for Boats, Listings or Users. Your listing must include photos, specifications of the Boat, location of the home marina, if the Rental Contract specifies mooring in the home marina, required yachting qualifications, if the Boat is listed for charter with or without captain, availability, security deposit, additional costs, and cancellation policy. The Total Rental Cost, set by the Boat Owner, will be displayed on the Boatcharter.fo Platform in Danish Kroner (DKK). The Total Rental Cost includes the Owner’s Rent, taxes, additional costs and the Boatcharter.fo commission.
2.4 Boat Owners must guarantee that the Total Rental Cost is at most equal to the costs displayed on other platforms including Professional owner’s own websites. Renters have the right, at no cost, to moor at the chartered Boat’s Home Marina.
2.5 Insurance. Boat Owners are obliged to keep their Listed Boats covered by insurance for their Charter throughout the publication period of their Listings. Carefully review insurance policy terms and conditions such as coverage details and exclusions with your insurance provider. Boat Owners undertake to inform their insurance provider of their Boat Chartering activities.
For rentals with a captain, including a captain sourced by Boatcharter.fo, Boat Owners are obliged to keep their Boats covered by insurance covering this activity.
For rentals without captain (bareboat) an additional Charter Insurance is required. Faroese insurance provider “Trygd” offers Boat Insurance with Charter Insurance.
2.6 Contracting with Renters. When you accept a booking request on the Boatcharter.fo Platform you are entering a Contract directly with the Renter. It is your responsibility that the Boat is available to the Renter under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees such as the service fee (and applicable taxes) to Boatcharter.fo. These fees will be deducted from your payout.
Any Signed Charter Contract between the Boat Owner and the Renter must be consistent with these Terms & Conditions. Before entering a Signed Charter Contract with the Renter, you are responsible to verify the Renters’ identity and make sure that the name displayed on the Charter Contract matches the ID papers presented by the Renter. You must similarly check that the bank card used to pay for the Boat Charter belongs to the Renter at the time the Boat is occupied. When chartering out your Boat without a captain, you must verify that the Renter holds the diplomas and/or qualifications specified in their yachting CVs and required to sailing the Boat.
2.7 Your Responsibility. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in making available the Boat for the Renter.
2.8 Cancellations. When the Renter cancels a reservation, the amount refunded, is determined by the cancellation policy that applies to that reservation.
2.8.1 Cancellations due to Force Majeure. In the event of circumstances characterized as force majeure as outlined in article 3.9 any Users may request the postponement or cancellation of a booking. The circumstances of force majeure must be communicated in writing to Boatcharter.fo within 12 hours of the starting time of the charter.
2.8.2 Cancellation due to the Boat Owner. Boat Owners may not request the cancellation of a Rental Contract they have entered, except in cases of Force Majeure or due to other serious personal reasons accepted by Boatcharter.fo. The cancellation only becomes effective once Boatcharter.fo has responded with a notification of the cancellation.
If a Boat Owner cancels a booking for reasons accepted by Boatcharter.fo, Boatcharter.fo will endeavor to offer the Renter another equivalent Boat for the period concerned. Should no alternative solution be found the Renter will be refunded in full within 14 days by bank transfer.
If the Renter, chartering a boat without a captain, is unable to give evidence of diplomas or qualifications indicated in their yachting CV and required to charter the Boat, this will be considered just reason for the Boat Owner to cancel the booking. In this event the Renter may not demand reimbursement of the Rental Price.
Should a cancellation by a Boat Owner be deemed unjustified by Boatcharter.fo, the Boatcharter.fo commission will be invoiced to the Boat Owner or deducted forthwith from the Boat Owner’s next transaction via the Boatcharter.fo Platform. In the event of repeated unjust cancellations Boatcharter.fo reserves the right to delete the Boat Owner’s user account.
2.9 Changes in a Booking. Boat Owners and Renters may agree on making changes in a booking and will be responsible for these changes. They may also request the customer service at the Boatcharter.fo platform to make a change in the booking. In making changes in a booking the parties agree to pay any additional amounts, fees or taxes associated with the changes.
2.10 Taxes. As a Boat Owner you have legal obligations to report, collect, remit, or include in your price applicable VAT, income taxes or other indirect taxes.
2.11 Legal obligations. As a Boat Owner listing your Boat via the Boatcharter.fo platform, you are responsible for complying with all laws, rules, regulations, and contracts that apply to your listed Boat. This includes reporting VAT and income tax to the proper authorities.
2.12 Personal Data. You are responsible for handling and using personal data of Renters and others in compliance with GDPR regulations outlined in our Privacy Policy and in these Terms & Conditions.
General Terms
3. 1 Content. By providing Content in any form on the Boatcharter.fo Platform, the User grants Boatcharter.fo a license to use the content freely, with or without modifications, in any form on the Boatcharter.fo Platform, including social networks and on any other media platform with the aim of promotion. In using submitted content Boatcharter.fo obliges to comply with data protection laws regarding personal information in thread with our Privacy Policy. Boatcharter.fo is not liable if any provided content violates or infringes privacy or intellectual property of any third party.
3.2 Fees. User registration and Listing on the Boatcharter.fo Platform are free. When a Boat is chartered, Boatcharter.fo charges fees for use of the Platform. The Payment Terms outline specific fees on the Boatcharter.fo Platform. Boatcharter.fo reserves the right to change the fees upon notice to Users prior to changes coming into effect.
3.3 User Accounts. To access many of the services provided by the Boatcharter.fo Platform requires registering an account. To register a User Account on Boatcharter.fo you must be either a person of 18 years or older or a legal entity. In registering an account, you oblige to provide accurate information as well as complying to any applicable jurisdiction. Boatcharter.fo may ask you to provide documentation to help verifying your identity. Information gathered during the creation of a User-account will be kept confidential and used solely for the purpose of the Service.
3.4 Boatcharter.fo Platform User Obligations. Only use the Services of the Boatcharter.fo Platform as authorized in the Terms & Conditions following current laws. Use the Boatcharter.fo Platform respectfully and with integrity. Communicate truthfully on a polite, respectful, and non-discriminating level. Act in good faith when using the Service and Boatcharter.fo Platform. Users may only register one account and it must be registered in their own name. Do not grant access to your account to any third party and keep your access codes confidential. Acts carried out through the User account are deemed the account holders’ personal acts. Account holders must be able to prove that they have the diplomas and qualifications stated in their yachting CV. On the start date of a Boat Charter, Users must sign a Rental Contract, including an Inventory carried out in the presence of both parties. The Inventory of the Rental Contract is also signed by both parties on the End date of the Boat Charter. Any reservations in the Inventory may be put in writing in the Rental Contract. Do not request, accept, or make bookings or payments outside the Boatcharter.fo Platform for any reason including to avoid fees and taxes.
3.5 User Reviews. After conclusion of a Boat charter Users may give written reviews to each other. These reviews will be published on the public profile of the User concerned and the User will be able to reply to comments. User reviews are bound by these Terms and by current regulations. Boatcharter.fo reserves the right to delete inappropriate comments at its’ sole discretion as well as accounts of Users that repeatedly post inappropriate comments.
3.6 Termination. You may be released from your binding agreement with Boatcharter.fo, stated in these Terms & Conditions, by deleting your account. Similarly, Boatcharter.fo may terminate this agreement for any reason at 4 weeks’ notice. Boatcharter.fo may also imminently terminate this agreement if you breach Boatcharter.fo Terms or Policies, violate applicable laws, or constitute a risk to safety or property of Users, the Boatcharter.fo Platform or third parties.
Boatcharter.fo may also, upon notice, take measures to limit or suspend your access to the Service if you repeatedly receive poor reviews, repeatedly cancel confirmed bookings, or for no reason fail to respond to booking requests. These measures may include suspending listings, removing reviews or other Content.
If you as a Boat Owner terminate your Boatcharter.fo User Account, any confirmed bookings will be cancelled, and Renters fully refunded. If you as Renter terminate your Boatcharter.fo User Account, any confirmed booking will be cancelled, and you will be refunded according to the booked Listing’s Cancellation Policy.
A Termination of a User Account issued by Boatcharter.fo can be appealed by contacting customer service.
3.7 Boatcharter.fo Obligations. Boatcharter.fo will do every effort to keep the Boatcharter.fo Platform functioning optimally. We cannot however be held liable in any events of interruptions or errors.
User Requests relating to the Service will be met as soon as possible. Due payments to Owners will be transferred to the Owners’ bank accounts as specified in the Payment Terms. Renters will when necessary be reimbursed according to the Payment Terms and Cancellation Policies.
3.8 Limitation of liability and Indemnification. Your use of the Boatcharter.fo Platform, any rental and use of Listed Boats and any contact that you have with other Users is performed at your own risk. Boatcharter.fo is not a party to any Rental Contracts signed between Users and is not liable for any such contract.
Subject to the liability exclusions stipulated in these Terms, it is agreed that, in any event and whatever the grounds, the liability that Boatcharter.fo may incur in any capacity in connection with the Service, may not exceed the total amount invoiced by Boatcharter.fo to the User for the related Service. The only exception to this is in case of gross negligence or fraud.
You agree to hold Boatcharter.fo harmless from and against any claims, liabilities, damages, or losses connected with your breaches of these Terms or related contractual obligations.
3.9 Force Majeure. Cases of Force Majeure include specifically weather reports preventing trips to sea, legislative and regulatory changes, natural disasters, and unpredictable events beyond the control of Boatcharter.fo and its’ Users.
In the event of circumstances characterized as Force Majeure within the definitions outlined in this article, any User, Boat Owner, or Renter, may request postponement of the booking to a later date or request a cancellation of the booking. Any Captain hired by the Boat Owner to sail the boat represents the Boat Owner in this event. This request must be communicated to Boatcharter.fo within 12 hours of the start time and must include documentation of these circumstances of force majeure.
If the Rental was for a period of more than one day, Boatcharter.fo will not refund the Rental Price which Renters accept. Boatcharter.fo cannot be held liable in this respect.
For bookings for a period of one day or less, the Boat Owner or the Renter may postpone or cancel a booking due to a special weather report preventing any sea trips. If a booking is cancelled due to bad weather conditions, Boatcharter.fo will refund the Renter within 15 days by bank transfer. Consequently, the Boat Owner will not receive the amount due to them.
Payment Terms
4.1 Payments and Fees. When a Booking is accepted, Renters pay the Rental Price in advance in a single installment by debit or credit card on the Boatcharter.fo Website via the Quickpay Payment Solution. The Rental Price is set by the Boat Owner and includes all Fees, VAT, cleaning fee etc.
Boatcharter.fo charges Fees for use of the platform. Of the Total Rental Price, the Boatcharter.fo Service Fee, including VAT, amounts to 20%.
Boatcharter.fo is entitled to enter specific contracts with “Professional Boat Owners” using the Service on a professional basis, whose activity is declared to the Company Registration Authority.
4.2 Security Deposit. By using Boatcharter.fo in a Boat Charter the Renter agrees to any Security Deposit set by the Boat Owner. As a general guideline this could be up to 1,5% of the Boats’ value.
The Security Deposit will be reserved by Boatcharter.fo 14 days prior to the First Rental Date. You will, at this time, receive a payment link in an e-mail.
Unless there has been a Damage Claim by the Boat Owner, the Security Deposit will be released 7 days post the Rental End Date. The Renter is responsible of holding, in the used bank account, the amount of the Security Deposit from 14 days prior to the First Rental Date, until 7 days after the Rental End Date. If this condition is breached by the Renter, Boatcharter.fo cannot be held liable.
4.3 Booking Requests. Once a Booking is requested, the Boat Owner has 72 hours to respond with a confirmation or a rejection of the Booking Request, or the Request may be cancelled automatically.
4.4 Booking. Once the Boat Owner confirms the Booking Request, the Booking is issued, and Boatcharter.fo is irrevocably authorized to collect the Rental Price. Additional fees related to the transfer of the Rental Price from the Renters’ credit card are covered by the Renter. Furthermore Boatcharter.fo is authorized to charge the Renter’s credit card for damages caused according to valid “Claims of Damage” and for Security Deposit as stated.
The Renter and the Boat Owner will receive a Booking Confirmation once the transaction of the Rental Price is completed.
Boatcharter.fo will once a Booking is confirmed collect the Rental Price. The Boat Fees will be released to the Boat Owner 7 business days after the End Date of the Boat Charter.
4.5 The Role of Boatcharter.fo. The role of Boatcharter.fo in this transaction is that of a limited agent, collecting payment on behalf of the Boat Owner. The Boat Owner has the sole responsibility, on his part, to make available the Boat to the Renter as agreed upon.
4.6 Cancellation Policy. A Cancellation Policy applies when a Renter cancels a booking.
As a general Cancellation Policy, a Renter cancelling a booking more than 10 days prior to the First Rental Date will receive 70% of the Total Rental Cost, excluding the Service Fee and the Boatcharter.fo Commission. If the Renter cancels less than 10 days before the First Rental Date, they will not be refunded. If the Renter decides to leave before the scheduled End Date of the Charter, there will be no refund for the days not spent on the boat.
Specific details on the Cancellation Policy and related refunds may apply for individual boats. In that case this will be specified in the Listing of the boat”.
