- Airbooknboat is only a venue: Airbooknboat does not intervene in the rental contract nor is a party to any actual agreement or transaction between Renters and Members even though we provide tools that relate to a booking, such as a tool to enable a Renter to enter into a transaction to rent a specific boat directly from a Member.
- The boat must comply with the legislation, be perfectly maintained and fully equipped with all mandatory safety equipment.
- The renter must respect the boat like its own. He must respect the environment and the local legislation.
- Payment is made on our website through a secured gateway. Credit card details never transit through our servers, they are directly sent from your device to Paypal or any other service provider that we might implement in the future.
- Safety: don't underestimate the dangers of the sea or overestimate your skills. Cancellation is free of charge for bad weather. Hire a professional skipper if you are not experienced.
Your relationship with Airbooknboat.com
You accept the Terms by: (i) clicking to accept or agree to the Terms, where this option is made available to you by Airbooknboat in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), you understand and agree that Airbooknboat treats your use of the Services as acceptance of the Terms from that point onward.
Airbooknboat reserves the right, at its discretion, to change, modify, add or remove any of the Terms, in whole or in part, at any time. Please check this Website and the Terms periodically for changes. Your use of the Services after such Terms are posted will mean that you accept such Terms.
Airbooknboat is a Venue and is Not a Party to any Rental Agreement or other Transaction between Users of the Website.
Airbooknboat is Only a Venue. Airbooknboat.com acts as a mediator for users of the Website as renters ("Renters") and boat owners ("Members") to view and post available boats to facilitate the rental of such boats. The boat charter, which is between the client and the final service provider (owner or manager of the boat), is governed by the rental contract with the final service provider. Airbooknboat does not intervene in the rental contract nor is a party to any actual agreement or transaction between Renters and Members even though we provide tools that relate to a booking, such as a tool to enable a Renter to enter into a transaction to rent a specific boat directly from a Member. As a result, Airbooknboat.com has no control over the accuracy or correctness of the content or information provided or used by such Renters and Members. Any part of an actual or potential transaction between a Renter and a Member, including the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property review), the ability of Members to rent a boat to a Renter or the ability of Renters to pay for boat rentals are solely the responsibility of each user. The final service provider explicitly entrusts Airbooknboat with the task of collecting the rental payment for the contracted service, as well as blocking the part of the amount agreed and, if applicable, the deposit. Other services and extras will be agreed between the client and the final service provider, but in this case they will be charged by the latter. The rental contract will have the duration stated in the rental booking form, without prejudice to being subject to the contract regulation to subscribe to the final service provider. Any change in its duration, should be informed to Airbooknboat. You acknowledge that the service provided shall be the exclusive responsibility of the final service provider, according to the contract signed and, therefore, this is the solely responsible for it.
You acknowledge and agree to take all reasonable precautions in ensuring the accuracy and reliability of any user/Renter/Member generated content. We are also not responsible for the condition of any boats listed on the Website or the compliance with laws, rules or regulations that may be applicable to boat operation or maintenance in any jurisdiction. Renters should satisfy themselves that any boat rented complies with any legal requirements for such rental, and Renters and Members have exclusive responsibility for such compliance.
Boat owners. Final service providers (owner or manager of the boat) or their contractors (concierge) must verify the identity, address, license, credit card of the renter before they hand the keys. You must make an inventory of the boat with the renter before departure and after the return. Each party should keep a signed copy of the inventory, as it is the only document liable to be binding in case of a dispute. The boat must comply with the legislation and be perfectly maintained. The engine, the sails, the lights, the batteries, the steering and the hull must be in perfect condition. All the mandatory safety material (life raft, life jackets…) must be on board and operational. The boat must be clean and tidy, except in case of last minute booking. The fuel and water tanks must be full before departure and returned the same.
Renters. The renter must use the boat like his own. He should never underestimate the dangers of the sea and stay only in the areas he or the boat are allowed to go. The renter must return the boat clean and tidy, except if he paid for cleaning service, on time and with full tanks of fuel and water if they were full on departure, or with the same quantities as the departure. The renter must inform the owner and/or Airbooknboat for any infraction during his charter that led to a ticket that they didn’t/couldn’t pay. They must give the money corresponding to the ticket to the owner. Otherwise the renter will be pursued and banned from the website.
Payment methods. The client will pay when booking or contracting a service, paying the amount agreed in each case and at the agreed moment (and according to the conditions previously accepted by the client). If the clients do not have to pay the total amount when booking, they are obliged to make the outstanding payment within the indicated dates. The payment methods accepted are those made through the payment platform set up on Airbooknboat.com by debit or credit cards such as Visa, Visa Electron, Master Card, Diners Club and American Express, as well as other means which can be implemented online. In the event of incidences in the payment through the web page, Airbooknboat will accept a transfer as an alternative payment method so the client can pay within 24 hours from the moment of the booking or the date of payment agreed.
Deposit. The boat owner will usually ask for a deposit that will cover the insurance franchise in case of an accident. We recommend to ask for this deposit in your ad through our website. We will collect and keep this deposit until the end of the charter. After the check-out inventory, the owner has 24 hours to claim for any damage. After these 24 hours, the deposit will be refunded to the renter and Airbooknboat will no longer be involved in the charter.
- Bad weather
Both the owner or the renter can decide that weather conditions are too dangerous to navigate. Safety first! Both parties can decide to change the dates of the charter. Otherwise the booking is cancelled with total refund. An official weather forecast will have to be sent to Airbooknboat. If parties can’t agree, we suggest to cancel a charter if wind exceeds:
- 4 on Beaufort scale for boats under 25 ft
- 5 on Beaufort scale for motorboats above 25 ft
- 6 on Beaufort scale for sailing boats
- On the part of the client
In the event of withdrawal after booking on the part of the client, the cancellation expenses will be stated in the rental contract with the final service provider and, in case they are not stated or the contract is not signed yet, the cancellation expenses will be the following:
- Cancellations 30 days before departure: a penalty of 50% of the rental amount.
- Cancellations 15 to 30 days before departure: a penalty of 75% of the rental amount.
- Cancellations less than 15 days before departure a penalty of 100% of the rental amount.
To process cancellations, Airbooknboat will charge 100€ to the client for management costs.
Cancellations will be processed via mail to firstname.lastname@example.org.
- On the part of the boat owner
Without prejudice of the agreed in the rental contract with the final service provider, we inform that the following cases will trigger an automatic termination of the contract and/or booking, without compensation, or refund of the amount paid by the client:
- Non-compliance by the client with the payments within the due dates.
- Imprudence or non-compliance with the rules and the current legislation when using the boat, which includes but is not limited to: exceeding the number of people on board, sailing beyond authorized limits for the boat or for your qualifications.
- Failure to present the required documentation to steer the boat, before boarding in contracts where Skipper has not been hired.
- Showing insufficient skills to steer the boat, in contracts where Skipper has not been hired.
Separate Agreements. You acknowledge and agree that you will be required to enter into a separate agreement and/or waiver, with a Member, prior to making a booking or purchasing a product or service and such agreement and/or waiver may place additional restrictions on your booking, product, or service. Any separate agreements and/or waivers relating to the rental of a boat or related products or services are under the sole control of any Member or provider and you.
Release and Indemnity. In the event of a dispute between a Renter and a Member arising from such separate agreements or transactions, you hereby release and hold Airbooknboat and its directors, officers, agents and employees harmless from any claims, costs, demands and damages (actual and consequential) of every kind and nature including without limitation reasonable attorneys' fees, known and unknown, arising out of or in any way connected with such disputes.
Insurance. Boat owners must make sure their vessel is fully and correctly insured. Airbooknboat.com is not a party to any contract for insurance facilitated through any link to a third party insurance provider advertising on the Website, and is not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract for insurance facilitated through such link. Airbooknboat.com does not act as a broker, agent or consultant in the sale of insurance, is not endorsing or recommending any particular insurer or terms of coverage.
Your Use of Services
Conditions of Use. As a condition of your use of Services, you warrant that (i) if you will be operating a boat, you are responsible for ensuring that you are legally authorized to operate a boat in the state/country in which you are renting; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with the Terms; (iv) you will only use this Website to view available boat rentals or transact legitimate boat rentals for you or for another person for whom you are legally authorized to act with Members; (v) you will inform such other persons about the terms and conditions that apply to the boat rental you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto; (vi) all information supplied by you to Airbooknboat is true, accurate, current and complete, and (vii) if you have a Airbooknboat.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. Airbooknboat retains the right at its sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of the Terms.
Use of Website. The content and information on Airbooknboat's Website (this "Website") (including, but not limited to, price and availability of boats listed in any inventory database), as well as the infrastructure used to provide such content and information, is proprietary to Airbooknboat, its licensors, its suppliers and providers. While you may make limited copies of your booking documents (and related documents) for boat rentals booked through this Website, you agree not to and you have no right to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, content, products, or services obtained from or through this Website. Additionally, you agree not to:
- use this Website or its contents for any commercial purpose without our express written permission;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in Airbooknboat's discretion, an unreasonable or disproportionately large load on Airbooknboat's infrastructure;
- deep-link to any portion of this Website (including, without limitation, the purchase path for any boat rental reservation) for any purpose without our express written permission; or
- "frame", "mirror" or otherwise incorporate any part of this Website into any other Website without our prior written authorization.
User verification on the Internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of each User of Member's purported identity.
You agree to (i) keep your password and online ID for both your Airbooknboat account and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your Airbooknboat account or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. We discourage you from giving anyone access to your online ID and password for your Airbooknboat account and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your Airbooknboat account or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
Exclusion of Warranties
You expressly understand and agree that the services are provided “as is” and “as available” and without warranty of any kind and Airbooknboat, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers expressly disclaim all warranties, express or implied, included but not limited to, the implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose. Neither Airbooknboat nor its officers, directors, employees, agents, subsidiaries, affiliates, licensors, nor suppliers warrant that the operation of the service will be uninterrupted, error free or without breaches of security.
Airbooknboat, its officers, directors, employees, agents, subsidiaries, affiliates, and its licensors do not represent or warrant to you that:
- The information provided by members is true or correct
- Boat rentals will be available at advertised date, times, locations, and/or prices, including pursuant to a confirmed or purchased reservation.
- Your use of the services will meet your requirements or expectations
- Your use of the services will be uninterrupted, timely, secure or free from error
- Any information obtained by you as a result of your use of the services will be accurate or reliable, or
- That defects in the operation or functionality of any software provided to you as part of the services will be corrected
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so in these jurisdictions the above limitations or exclusions may not apply.
Limitation of Liability
In no event will Airbooknboat, its officers, directors, employees, agents, subsidiaries or affiliates be liable to you or any party for:
- Any direct, indirect, incidental, consequential, special, exemplary or punitive damages arising out of the use availability or unavailability of the services (including but not limited to the unavailability or change in advertised and/or purchased boat rentals) or any other services or goods obtained through use of any of the foregoing, or any data transmitted through the service, even if Airbooknboat has been advised of the possibility of such damages, and
- any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
- any changes which Airbooknboat may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
- your failure to provide Airbooknboat with accurate account information;
- your failure to keep your password or account details secure and confidential.
- Any bodily injury or death that may occur as the result of a boating related accident, the reservation for which was facilitated using Airbooknboat’s services. You agree that Airbooknboat is not a party to any contract or agreement for boat rentals and is in no way responsible for injuries to persons or property which may occur during or related to a boat rental whether as a result of the negligence of any boat operator, or member, or the safety of any boat or for any other reason.
Notwithstanding the Terms, if Airbooknboat is held liable, Airbooknboat's entire aggregate liability under or arising out of these Terms or the Services shall be limited to the greater of (a) the service fees you paid to Airbooknboat in connection with your use of this Website (if any), or (b) One-Hundred Euros (€100.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so in these jurisdictions the above limitations or exclusions may not apply.
You agree to defend and indemnify Airbooknboat, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought as a result of:
- your breach of the Terms;
- your violation of any law or the rights of a third party; or
- your use of this Website and the Services.
The Services contain proprietary materials such as logos, text, software, photos, video, graphics, music and sound. Airbooknboat is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks. In using the Services, you agree not to upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining Airbooknboat's prior consent, except you may make limited copies of your booking documents (and related documents) for boat rentals booked through this Website.
No Spam, Spyware, or Spoofing
We and our users do not tolerate spam. You may not use the Site to send spam or otherwise send content that would violate the Terms.
Links to Third-Party Websites
The Services may contain links to other websites operated by parties other than Airbooknboat ("Third-Party Websites"). Airbooknboat's links to such other Third-Party Websites is for informational purposes only and does not imply any endorsement of the products, services or material on such Third-Party Websites or any association with their sponsors or operators. You access any Third-Party Websites at your own risk. We are not responsible in any way for such Third-Party Websites or resources. We will not have any liability as a result of your use of such Third-Party Websites and resources, and your use of such sites and resources will not be governed by these Terms.
General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.
Assignment. This Agreement, the Terms, the Services and any modifications thereto may not be assigned or in any way transferred by you without the prior written consent of Airbooknboat. Airbooknboat may assign this Agreement, the Terms, and any information you provide without your consent, including, without limitation, in connection with a sale of its business, assets, a merger or other similar transaction.
Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of France. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of France. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.
Choice of Forum and Venue. You hereby consent to the exclusive jurisdiction and venue of courts in France, in all disputes arising out of the Terms or relating to the use of the Service.
Severability. If any provision of the Terms is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and the remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision.
Waiver. No waiver of any of the Terms shall be deemed a waiver of any other such Terms set forth herein.
Entire Agreement. The Terms constitute the entire agreement between you and Airbooknboat with respect to the subject matter covered herein, including use of the Services and any subject matter therein, and supersede all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.
Termination. Airbooknboat may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate User's use of all or any portion of the Services if you breach the Terms, or at any time or for any reason, at the sole discretion of Airbooknboat.
Non-Endorsement. Airbooknboat does not recommend one Member over another and does not provide advice to users regarding which Member to select for the rentals. All comments or reviews posted by Airbooknboat users, Renters, or Members on our Website do not represented the views of Airbooknboat in any way and are not endorsed by Airbooknboat absent a specific written statement to the contrary.
No Relationship. You agree that no joint venture, partnership, agency or employment relationship exists between you and Airbooknboat as a result of this Agreement or use of this Website.
Notice of Claim. You agree that all disputes arising out of the Terms or the use of Airbooknboat's Services shall be communicated to Airbooknboat in writing within thirty (30) days from the date of the incident causally related to the dispute. You hereby waive your right to any claim against Airbooknboat not communicated as provided by this Section.
Any rights not expressly granted herein are reserved by Airbooknboat.
Member Relationship with Airbooknboat. This Agreement sets forth the Terms and Conditions of Member's use of Airbooknboat's products, software, services and web Website(s) (collectively "Services"). Airbooknboat means Airbooknboat SAS, d/b/a Airbooknboat and Airbooknboat.com. (Airbooknboat and Member are referred to herein each as a "Party," and collectively as the "Parties.") If Member does not agree to all of the Terms, Member must not use Airbooknboat's Services. Airbooknboat reserves the right to deny use of its Services to anyone at any time for any reason. Failure to comply with the Terms may result in denial of access to Airbooknboat's Services and cancellation of Member's Airbooknboat account.
"Airbooknboat Website", or "Website" mean the World Wide Web Website owned by Airbooknboat and which has the URL www.Airbooknboat.com and any and all other web Websites owned or operated by Airbooknboat over which Airbooknboat offers online advertisement services.
"Customer", "Renter", or "User" mean a person or organization that purchases Rentals from Member with the assistance of Airbooknboat's Services.
"Member", or "you" mean any registered user of Airbooknboat's Services that uploads boat rental solicitations and any related information to Airbooknboat's Web Website for the purposes of holding out and offering boat rentals or boat rental services such as skipper or concierge service through the Airbooknboat Website. Members include any party involved in offering or providing boat rentals or boat rental services such as skipper or concierge service to Airbooknboat Users.
Acceptance. Use of Airbooknboat Services constitutes acceptance of this Agreement. Member accepts the Terms and Conditions of this Agreement by: (i) clicking to accept or agree to the Terms and Conditions, where this option is made available by Airbooknboat in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), Member understands and agrees that its use of the Services constitutes and denotes acceptance of this Agreement, including all of its Terms and Conditions, from that time onward.
Website Uptime and Display of Member-Generated Content.
Uptime. Airbooknboat will use commercially reasonable efforts to ensure that interfaces to Member and User access to Airbooknboat Services are available without interruption, except for any scheduled down time needed to maintain the effective operation of the Airbooknboat Website and when service interruptions are caused by conditions outside of Airbooknboat's control. Airbooknboat in no way guarantees that Services will be available without interruption.
Member-Generated Content. You understand that all messages, text, postings, files, photos, images or other materials (the "Content") you post on, transmit through, or link from the Website, are your sole responsibility. You agree that Airbooknboat is only acting as a passive conduit for your online distribution and publication of your Content. More specifically, you are entirely responsible for each individual item of the Content that you make available via the Website. Airbooknboat makes no representation or warranty as to the authenticity, accuracy or completeness of the information contained on the Website.
Airbooknboat is not responsible for any inaccuracy or incompleteness in the information provided by Member. If Member discovers that listing details are inaccurate or incorrect, it is the Member's sole responsibility to correct the information in the Member account interface or contact a Airbooknboat representative to resolve any such error.
We may, without notice to you, suspend or cancel your listing at any time even without receiving notice from you or giving notice to you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
Posting any Content that Airbooknboat deems threatening, defamatory, infringing, unlawful, abusive, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, profane, libelous, harassing, or otherwise objectionable is prohibited. You also agree to not post Content that violates any third-party rights, including any Intellectual Property Rights, rights of publicity and privacy. Airbooknboat reserves the right to remove content at its sole discretion.
License. You retain all your rights in your Content. By posting such Content you grant Airbooknboat an irrevocable, sub-licensable, transferable, perpetual, non-exclusive, royalty-free, worldwide license to use, duplicate, modify, publish, list information regarding, alter, translate, distribute, publicly perform, publicly display, and make derivative works of, all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology now known or developed in the future for use in Airbooknboat's (and its successors' and affiliates') business. You also hereby grant each User of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the use of Airbooknboat's Service.
Registration. Prior to using Services, Member is required to register on the Airbooknboat Website, and perform all actions necessary to comply with the Airbooknboat Website registration requirements and the Terms.
Responsibility for applicable laws, rules and regulations. Members agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Website, their use of any tool, service or product offered on the Website, and any transaction they enter into in connection with their use of the Website.
Members further agree that they are responsible for and agree to abide by all laws, rules and regulations applicable to the advertisement of boats, the conduct of their rental business, and the operation of any boat advertised on the Website, including but not limited to taxes, permit or license requirements, inspection and safety compliance, as applicable.
Subscription Fees. Boat owners members will not be required to pay Airbooknboat any joining or initial subscription fee(s) related to use of Airbooknboat's Services. Airbooknboat, however, reserves the right to charge subscription fees at any time and shall notify Members of any changes in subscription fee policies. Skippers and concierges will be required yearly fees for the use or Airbooknboat services.
User-Member Communications. You agree that, with respect to other Members' or Users' personal information that you obtain directly or indirectly from or through the Website or through any Website-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Website-related communications that are not unsolicited commercial messages, (b) using services offered through the Website, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other Member or User related to the purpose of the Website (such as inquiring about or booking an on-line rental and transacting payment). Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give Users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another Member or User to any third party without both our consent and the consent of the Member or User. You agree that other Members or Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect Members' or Users' personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
No Spam. We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Member or User, even a User who has rented a boat from you, to your mailing list (e-mail or physical mail) without the Member's or User's express consent. You may not use any tool or service on the Website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Website or through any tool or service provided on the Website.
Payments between Members and Users. Unacceptable payment methods that may be posted on the Website may result in the immediate removal of the non-conforming listing from the Website without notice to the Member and without refund. Unacceptable payment methods are those methods that may pose a risk of fraud, identity theft, or breach of privacy.
Content and Layout
All Content and copy edits submitted by Members are subject to review and approval at Airbooknboat's sole discretion. We reserve the right to refuse to publish any Content that we determine, in our sole discretion, does not comply with the Terms or is otherwise unacceptable to us. However, we assume no duty to review Content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, Content and/or photographs or any change made to any Content, photograph or copy submitted by any member. All Content must meet these Terms. We reserve the right to edit Content submitted to the Website in a non-substantive manner solely to cause the Content to comply with our Content guidelines or formatting requirements. Members are responsible for reviewing and ensuring that any Content displayed on the Website appears as the Member intended.
Member (the "Indemnifying Party") will defend and indemnify Airbooknboat (the "Indemnified Party") against any and all claims, losses, costs and expenses, including reasonable attorneys' fees, that the Indemnified Party may incur as a result of claims in any form by third parties arising from: (a) the Indemnifying Party's intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements); (b) the Indemnifying Party's breach of any representation, warranty or covenant set forth herein; (c) the infringement of any third party's intellectual property by any trademarks or other intellectual property provided by the Indemnifying Party to the Indemnified Party; and (d) the Indemnifying Party's failure to collect all taxes, fees and charges that may be applicable to the boat rental services being offered for sale by the Indemnifying Party.