Terms of Service

Last updated: [[Effective Date]]

1. Service Description

BookSea operates a technology platform that enables third-party marine service providers to list and manage their offerings. We facilitate booking transactions and payment processing between users and providers but do not own, create, sell, resell, or control any boat services listed by third parties.

2. User Obligations

  • Accurate representation of services offered
  • Maintenance of all required licenses/permits for listed services
  • Compliance with applicable maritime regulations in service locations
  • Timely updates of availability and pricing
  • Proper maintenance of required insurance coverage

Service providers are solely responsible for understanding and complying with all local maritime laws, safety regulations, and operational requirements in their jurisdiction.

3. Payment Terms

Transactions are processed through PCI-DSS compliant providers. We retain a [[Commission Percentage]]% service fee on completed bookings as per French Commercial Code Article L441-10.

4. Cancellation Policy

Service providers establish their own cancellation policies in compliance with:

  • Local consumer protection laws in service locations
  • EU Directive 2011/83/EU on consumer rights
  • Maritime contractual regulations under UNCTAD guidelines

BookSea acts solely as an intermediary platform and:

  • Does not set or enforce cancellation timelines
  • Requires providers to maintain transparent policy disclosures
  • Provides technical means for policy display/updates

Users must review provider-specific terms accessible through:

  • Service listing details pages
  • Booking confirmation interfaces
  • Provider dashboard disclosures

5. Liability Limitations

As an intermediary platform, our liability is strictly limited to:

  • Technical functionality of the booking system
  • Secure processing of payment transactions

We expressly exclude liability for:

  • Quality/safety of third-party services
  • Regulatory compliance of listed services
  • Accuracy of provider-generated content
  • Contractual disputes between users and providers
  • Force majeure events affecting service delivery

Users acknowledge that BookSea does not endorse or guarantee any third-party services listed on the platform.

6. Dispute Resolution

Disputes shall be resolved through arbitration administered by:

  • French Maritime Arbitration Chamber (CMAC) for vessels registered in France
  • London Maritime Arbitrators Association (LMAA) for UK-registered vessels
  • Society of Maritime Arbitrators (SMA) for other jurisdictions
All arbitral awards are enforceable under the New York Convention (1958).

Jurisdictional precedence follows:

  1. Flag state laws per UNCLOS Article 94
  2. Service delivery location regulations
  3. French commercial law as fallback
Unresolved disputes may be brought before the Commercial Court of the service delivery location's jurisdiction.

7. Modifications

We reserve the right to update these terms with 30 days notice. Continued use constitutes acceptance of revised terms.

8. Governing Law

These terms are governed by French law and EU regulations, particularly the Digital Services Act (DSA) and Digital Markets Act (DMA).

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