Enaviga.com - The boat rental marketplace

Terms of use

Please read this agreement carefully as it contains important information regarding your legal rights, remedies and obligations, including various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved.

1.- Identification of the company

  • SPRL ENAVIGA
  • Rue Gachard 88, box 9
  • 1050 Brussels, Belgium
  • VAT and Company N°:0677.774.038
  • Brussels Trade and Companies Register
  • Email:info@enaviga.com
  • Telephone: +32 (0) 800 26 627

2.- Definitions

The terms defined below in these Terms of Use, whenever they begin with a capital letter, whether used in the singular or the plural, will have the meaning, which is designated below.

  • "Enaviga": refers to the company identified under Article 1 of these Terms of Use.
  • "Terms of Use": refers to these Terms of Use.
  • “Agreement” refers to the agreement concluded between Enaviga and the User in relation to the Service. The Agreement includes, but is not limited, to the Terms of Use, the Legal Notice, Privacy Policy, Cookie Policy, if applicable the Special Terms and Conditions for Owners, if applicable the Terms for the App, and any other terms that may apply as indicated on the Site or on the Enaviga App.
  • “Parties” mean the parties to the Agreement.
  • “Special Terms and Conditions for Owners” refers to the additional terms applicable to the Owners.
  • "Content": refers to any text, graphics, image, video, information or other materials which the User posts, uploads, publishes, submits, conveys or includes in the Listing, on the Site, on the App or in User account.
  • "Boat": refers to any watercraft offered for Rental or Co-Sailing on the Site and/or the App (such as and including sailboats, motorboats, houseboats, catamarans, jet skis, etc.).
  • "Rental": refers to an Owner renting out a Boat, docked or at sea, to a Renter.
  • "Co-sailing": refers to the sailing activity with shared ownership costs, maintenance costs and use of the Boat. This share, calculated by the Owner under his/her sole responsibility, must be strictly limited to a proportion of these costs. The Owner is prohibited from gaining any profit from Co-sailing.
  • "Rental Contract": refers to the agreement concluded between the Owner and the Renter for rental of a Boat or Co-sailing.
  • “Check-In Date": refers to the first day of the Rental and/or Co-sailing.
  • “Check-Out Date": refers to the last day of the Rental and/or Co-sailing.
  • "Boat Rental Price": refers to the price freely chosen by the Owner and published as part of the Listing, excluding price for Optional Extras. Unless otherwise specified in the Listing, the Boat Rental Price does not include the cost of mooring the Boat in the harbour, or the price of fuel.
  • "Optional Extras": refers to the options, which may be chosen by the Renter in addition to the Boat Rental Price (bedding costs, cleaning, etc.).
  • "Enaviga Service Fee": refers to the fee payable by the Owner as remuneration for the Service as further explained in the Special Terms and Conditions for Owners.
  • “Security Deposit”: refers to the security deposit, which may be required by the Owner for the Rental of the Boat.
  • “Booking Request”: refers to the offer to book a Boat communicated by the Renter to the Owner.
  • "User": refers to any user of the Site and/or the App and the Service, whether an Owner or a Renter.
  • "Owner": refers to any natural or legal person, professional or individual, who can prove full ownership of a Boat on request by Enaviga and/or a Renter. By extension, it also refers to the authorised representative of an Owner, who must be able to justify the existence and extent of the authorisation received.
  • "Professional Owner": refers to any Owner using the Service acting in a professional capacity, namely those who shall use the Services only for professional purposes.
  • "Private Owner" refers to any owner not using the Service acting in a professional capacity but acting in a consumer capacity, namely those who shall not use the Services for professional purposes.
  • "Professional Renter ": refers to any Renter using the Service acting in a professional capacity, namely those who shall use the Services only for professional purposes.
  • "Renter": refers to any natural or legal person booking a Boat for Rental or for Co-sailing.
  • "Boat Manager Services": refers to the services provided to Users through the App (including but not limited to check-in/check-out, inventories, etc.).
  • "Site": refers to the website www.enaviga.com.

3.- Acceptance of Terms of Use

The use of the Service, the Site and the App are subject to these Terms of Use. These Terms of Use constitute an agreement governing relations between the User and Enaviga. They supersede all previous provisions and constitute the entirety of the rights and obligations of Enaviga and the User and their relative roles. The Parties agree that in case of contradiction between information on the Site and the Terms of Use, the latter shall prevail. The User's full acceptance without reservation of these Terms of Use shall be deemed given if the User has ticked "I accept the Terms of Use" when creating a User account, making payment or subscribing to an offer. If this box has not been ticked, the creation of the User account and use of the Service is impossible and invalid, which the User acknowledges.

This Agreement is subject to change by Enaviga at any time, effective upon posting on the Site and/or App. Your continued use of the Site, App and Service following Enaviga’s posting of revised terms of any section of the Agreement will constitute the User’s express and binding acceptance of and consent to the revised Agreement.

Within the context of their relations, all the parties accept the principle of electronic proof (for example: electronic mail, backups, etc). Please print a copy of this document for the User’s records. To retain an electronic copy of this Agreement, the User may save it into any word processing program or PDF file.

4.- Purpose of the Service

The Service is a service linking Owners and Renters to facilitate Co-sailing or the Rental of Boats and to manage payments between Users.

Each User understands and agrees that Enaviga is and remains a third party to the Rental Contract. As such, Enaviga cannot be required to perform the obligations of a User in his/her place and cannot be held liable in respect of a User's breaches of his/her contractual obligations.

The Renter acknowledges and agrees that the Owner only will be responsible for performing the obligations of any Rental Contract, and that Enaviga is not a party to such Rental Contract, and that, with the exception of its obligations hereunder to transfer the Rental Boat Price to the applicable Owner, Enaviga disclaims all liability arising from or related to any such Rental Contract.

For the using Service, the Renter is no required to pay a fee to Enaviga unless in some case of cancelations. For using the Service, the Owner is required to pay the Enaviga Service Fee.

5.- Access to the Service

5.1- Legal capacity

The Service is restricted to adult individuals and emancipated minors, enjoying full legal capacity and to legal entities that submit unconditionally to these Terms of Use. By using the Site and/or the App, the User represents and warrants that the User has the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. 3If the User is using the Service and/or accessing the Site and/or the App on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), the User represents and warrants that:

  • The User is an authorized representative of the Subscribing Entity, and that the User has the authority to bind the Subscribing Entity to this Terms of Use;
  • The User have read and understand this Terms of Use; and
  • The User agrees to this Terms of Use on behalf of the Subscribing Entity.

5.2- Access

To be able to use the Services, the User must have an email address and a mobile telephone number, both of which must be valid for the duration of use of the Service.

6- Use of the Service

6.1- Publishing a Listing

Any Owner may freely publish one or more Listings to offer a Boat for Co-sailing and/or Rental, subject to the provisions of these Terms of Use.

Enaviga does not vouch for any User, Boat or Listing.

The Listing must always have at least one photo of the Boat and specify:

  • the features and location of the Boat;
  • if the mooring in the home port is included in the Rental and/or Co-sailing;
  • Nautical qualifications required in the event of a Rental or if this requires the presence of a sailing professional;
  • the Boat's availability dates (subject to confirmation);
  • the daily Boat Rental Price, based on availability dates;
  • the cost per hour or per day in case of delay in returning the Boat;
  • the cost of the Security Deposit which may be required for the Rental of the Boat;
  • any possible extra charges (bedding, cleaning);
  • the cancellation policy for the Rental or Co-sailing, as chosen by the Owner in accordance with the options set out in these Terms of Use;

If not available on the Listing, the above information must be communicated to the Renter before the conclusion of the Rental Agreement and within maximum 7 days after the reservation by the Renter so that the Renter is able to cancel the booking free of charge based on the information received.

In addition to the Owner shall communicate to the Renter, before the conclusion of the Rental Contract the following information:

  • the name of the Owner, his legal status and form, the geographic address at which he is established and details enabling him to be contacted rapidly and communicated with directly and, as the case may be, by electronic means;
  • where the Owner is registered in a trade or other similar public register, the name of that register and the Owner's registration number, or equivalent means of identification in that register;
  • where the activity of the Owner is subject to an authorisation scheme, the particulars of the relevant competent authority or the single point of contact;
  • where the Owner exercises an activity which is subject to VAT, the VAT identification number
  • in the case of the regulated professions, any professional body or similar institution with which the Owner is registered, the professional title and the Member State in which that title has been granted;
  • the general conditions and clauses, if any, used by the Owner provided that such general conditions and clauses are not be contradictory to these Terms of use;
  • the existence of contractual clauses, if any, used by the Owner concerning the law applicable to the Rental Contract and/or the competent courts;
  • the main features of the service, if not already apparent from the context;
  • the insurance or guarantees and in particular the contact details of the insurer or guarantor and the territorial coverage.

In the case of Co-sailing, the Owner agrees that the Boat Rental Price is strictly limited to a share of the costs of owning, maintaining and using the Boat. The Owner is prohibited from gaining any profit from Co-sailing. The Owner acknowledges and agrees that the collection of any amount, which exceeds the simple sharing of costs would be likely to result in reclassification of Co-sailing as a transport activity. Enaviga accepts no responsibility for the consequences of such reclassification.

The Professional Owner agrees that the Boat Rental Price is, at most, equal to the widely available price for the public, within the framework of his/her professional activity.

Enaviga will publish the Boat Rental Price on the Listing, itself published on the Site and/or the App, corresponding to the total price in euros to be paid by the Renter including (i) the Boat Rental Price and (ii) where necessary, any additional costs specifically mentioned in the Listing.

This price is inclusive of all taxes and excludes fuel charges, unless otherwise specified in the Listing.

As part of the Rental Contract, Users understand, acknowledge and agree that the Boat is the sole subject of the Rental Contract, excluding the mooring booked by the Owner for the Boat in its home port. However, Renters do have the right, free of charge, to use this mooring for the duration of the Rental contract to keep the Boat there, if this possibility is explicitly stated in the Listing or in the Rental Contract.

6.2- Boat Manager Services

The Owner can choose to subscribe to the Boat Manager Services available via the App. These Boat Manager Services are subject to additional and specific terms and conditions such as the Terms for the App.

6.3- Insurance

The Owner agrees to only offer bookings for Boats which are covered by insurance for their Rental and/or Co-sailing activities, regardless of the User's nationality, the planned sailing area and/or the usual home port of the Boat.

The Owner agrees to inform its annual boat insurance provider of his/her Rental or Co-sailing activities.

6.4- Booking Request

The Renter chooses a Boat on the Site or the App, a Check-In Date, an Check-Out Date for the Rental or Co-sailing and, if required, one or more optional extras offered by the Owner in the Listing. This choice constitutes a Booking Request for the Boat.

When making a Booking Request, the Renter is requested to provide a guarantee to cover future payment of the Boat Rental Price and, if applicable, the Security Deposit, as per the Rental Contract. The Renter shall provide customary billing information such as name, billing address and credit card and other payment information either to Enaviga or its third party payment processor. The Renter agrees to cover for the Boat Rental Price and, if applicable, the Security Deposit, either by providing a pre-authorization of the credit card or by pre-payment via wire transfer or charge on the credit card or other payment method available on the Site and/or the App.

Enaviga reserves the right to suspend or to refuse a Booking Request if the Renter provides incomplete or incorrect information, if prepayment not received or in case of negative feedback from the bank regarding payment authorisation. Enaviga shall immediately inform the Renter of the transaction failure, the Booking Request being cancelled.

Once there is positive feedback from the bank or concerning the request for the payment authorization made by the Renter, the Booking Request is notified to the Owner and the Owner then has up to 48 hours to accept or reject the Booking Request. After that time, the Booking Request will lapse and the Renter will not be charged. In the absence of response from the owner or if the Owner rejects the Booking Request, then Enaviga shall reimburse the Renter without delay in case a prepayment has been made.

The Owner may accept or refuse a Booking Request, at his/her sole discretion, provided, however, that Professional Owner may not reject a Booking Request for a reason contrary to law.

The Renter agrees to pay the Owner, via Enaviga, for any confirmed Booking Request made in accordance with these Terms. The Renter hereby authorizes the collection of such amounts by charging the credit card provided as part of Booking Request, either directly by Enaviga or indirectly, via a third party online payment processor or by one of the payment methods described on the Service. If the Renter is redirected to Enaviga’s third party payment processor, the Renter may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once the Renter is confirmed booking transaction is complete the Renter will receive a confirmation email summarizing the confirmed Booking Request.

If applicable, the Optional Extras must be paid by the Renter directly to the Owner as per the terms of the Rental Contract.

6.5- Booking the Boat

If the Owner accepts the Booking Request then Enaviga shall send personal details and information about each User to the other. Users agree to use this information solely as part of the 6Rental or Co-sailing to be concluded via Enaviga and not to directly contact the other User in the future to sign a Rental Contract.

Within maximum 7 days from the acceptation of the Booking Request (i) the Owner shall communicate via email and/or the Site and/or the App to the Renter a draft of the Rental Contract and the additional information in relation to the Rental Contract if such information is not already available on the Listing and (ii) the Renter and the Owner should execute a Rental Contract setting forth the terms under which the Owner’s boat will be rented to the Renter. If the Booking Request is accepted less than 7 days before the Check-In Date then the draft of the Rental Contract shall be communicated with 24 hours from the acceptation and the Rental Contact shall be executed as soon as possible before the Check-In Date. If the communication between the Users is made via emails, the Users shall ensure Enaviga is kept in copy for information. The Owner shall confirm the conclusion of the Rental Contract and provide a copy of the Rental Contract to Enaviga. Once the Rental Agreement is concluded the amount prepaid by the Renter will be transferred from Enaviga to the Owner and/or the credit card of the Renter will be debited in execution of the Rental Contract. Until then the amount paid for the Boat Rental Price is retained in an escrow account until the Owner is actually paid or the Renter is refunded. If the Rental Contract is not concluded within this period of time, then the Booking Requests shall lapse and the Renter will not be charged. Enaviga shall reimburse the Renter within maximum 15 days in case a prepayment has been made.

Owner hereby appoints Enaviga as the Owner’s limited agent solely for the pur pose of collecting payments made by Renter on behalf of the Owner. Owner agrees that payment of the Boat Rental Price and, if applicable, the Security Deposit, made by a Renter to Enaviga shall be considered the same as a payment made directly to the Owner and the Owner will make the Boat available to the Renter in the agreed time upon manner as if the Owner has received the Boat Rental Price. In accepting appointment as the limited authorized agent of the Owner, Enaviga assumes no liability for any acts or omissions of the Owner. The Renter hereby authorises Enaviga, on behalf of the Owner to debit his/her bank account for the Boat Rental Price and, if applicable, the Security Deposit amount, in accordance with these Terms of Use.

For Rental Contract concluded between a Professional Owner and a Private Renter, unless the parties have agreed otherwise, the Private Renter may not exercise the right of withdrawal as provided for under the EU Directive 2011/83/EU. For other Rental Contracts (concluded with Private Owner or with Professional Owner) such right of withdrawal does not exist unless the parties have agreed otherwise.

On the Check-In Date, the Owner may require to carry out an inventory on arrival, which the Renter accepts. On the Check-Out Date of the Rental or Co-sailing, the Owner may require to carry out an inventory on departure, which the Renter accepts. In case of no show on the part of the Renter at the scheduled time for Check-Out Date, the Renter may have to pay the Owner an amount relating to the delay, as stated in the Rental Contract.

6.6- Security Deposit

The Owner may demand a Security Deposit in return for Rental of the Boat. This deposit amount is stated in the Listing or in the Rental Contract.

6.7- User evaluation

Each User can evaluate another User with whom he/she has a Rental Contract, by writing a comment and/or by means of a rating system. Only Rentals trips, which actually took place qualify for the publication of an evaluation.

The comment and the rating will be published on the public profile of the User concerned.

Owners' Listings will be ranked according to the quality of comments and/or rating, the frequency of bookings and the timeliness of response on the part of Owners.

Users cannot remove a written comment by another User themselves. However, they do have a right of reply to comments. Users can also report any comment, which does not conform to these Terms of Use to Enaviga by sending an email to info@enaviga.com.

Enaviga reserves the right to remove any post which violates the rules in force (be it racist, discriminatory, contrary to good conduct and public order, etc.) at its sole discretion and to delete any User’s account in case of repeated inappropriate comments.

7- Obligations of the parties

7.1- User Obligations

The User agrees:

  • to use the Site, the App and the Service in accordance with these Terms of Use and current legislation,
  • to provide true, lawful, objective information, whilst respecting the laws in force (regarding defamation, incitement to hatred, racism, etc.),
  • to act in good faith when using the Service and the Site,
  • if applicable, to have only one User account and not to open a User account for any person other than him/herself; to only use his/her User account for personal purposes, with all actions relating to the User account considered to have been carried out by him/herself; to regularly update his/her information by logging into the User account; not to give his/her User account to a third person or to another User
  • to keep log-in details for the User account confidential
  • to be able to justify his/her certification and/or qualifications mentioned on his/her nautical CV at any time
  • to comply with administrative and health requirements in force,
  • to prepare and sign a Rental Contract including a full inventory on the Check-In Date
  • to sign an inventory of the Boat on the Check-Out Date or on the date of return of the Boat in case of delay. The Renter may make any reservation in writing about the Rental Contract at the time of inventory.

Each User must be responsible for creating a folder of information available on the Site or the App, held separately from the Site or the App, for his/her purposes regarding filing, accounting, etc.

Enaviga will, however, make the different versions of the Terms of Use in existence since the creation available to each User on the site.

7.1.1- Obligations specific to the Owner

The Owner agrees:

  • to be able to prove ownership of his/her Boat at any time;
  • to have his vessel registered CVC (Commercial Vessel certificate) and thereafter renewed each year as per the laws and regulations issued by competent authorities;
  • o have declared and/or registered his/her Boat, if required, with the competent authorities;
  • to only offer bookings for Boats which are equipped and maintained, up-to-date with any technical testing, with safety equipment in keeping with its sailing category, up-to-date equipment and regular maintenance;
  • if required, in case of checks, to make the special audit logbook available to the Renter and the authorities;
  • to have taken out and maintained valid insurance for the duration of the publication of the Listing (civil liability or comprehensive) and Rental in accordance with these Terms of Use and to be able present a valid certificate of insurance when requested by Enaviga and/or the Renter;
  • to verify that the credit or debit card used for payment of the Rental and/or Co-sailing belongs to the Renter;
  • to verify that the Renter holds the certification and/or qualifications specified in his/her nautical CV which are required for sailing on the Boat;
  • to check that the name on the Rental Contract is the same as that found on the ID presented by the Renter and on the credit or debit card used for payment of the Rental or the Co-sailing and presented on the Check-in Date;

In addition to the Owner shall communicate to the Renter, before the conclusion of the Rental Contract the following information:

The Owner accepts and agrees to comply with his/her obligations regarding social security and taxation, depending on his/her status. To this end Enaviga may display links to government sites available to Users to ensure compliance, if required, with these obligations.

The Owner understands that Enaviga is released from any obligation to provide advice and that he/she will not be able to hold Enaviga liable as such. The Professional Owner must provide the Renter, upon request, with an invoice for the Boat Rental Price. The Professional Owner also agrees not to divert and/or solicit Users of the Service and not to conclude Boat Rental Price agreements directly with them, outside of bookings made via the Site.

7.1.2- Obligations specific to the Owner

The Renter agrees:

  • to retain the Security Deposit amount in his/her bank account, if required, from the Booking Request until 24 hours after the end date of the Rental;
  • to be the named holder of the credit or debit card used for the booking of the Boat;
  • to check, on Check-in Date, the state of the Boat, the validity of any technical testing, the on- board presence of security equipment in keeping with the sailing category of the Boat and up-to-date equipment;
  • if required, to make note of the Special Audit Logbook,
  • to make Enaviga aware (by email or phone) less than 2 hours after the beginning of the Rental and/or Co-sailing of any dispute/disagreement related to the Listing and/or the Boat, in order to qualify for a blocking of payment, whilst the affected Users decide whether to cancel the booking, in accordance with these Terms of Use, or whether to continue,
  • to settle any fine for which he/she is responsible during of the Rental, upon request by the Owner,
  • to hold the certification and/or qualifications required for sailing on the Boat,
  • to behave responsibly for the duration of the Rental or Co-sailing.

The Renter accepts and agrees to comply with his/her obligations regarding social security and taxation, depending on his/her status. To this end Enaviga will make electronic links to government sites available to Users to ensure compliance, if required, with these obligations.

The Renter understands that Enaviga is released from any obligation to provide advice and that he/she will not be able to hold Enaviga liable as such.

8- Cancellation policy

Users must communicate cancellations to Enaviga by prior notification via the Site and/or the App and/or email, in accordance with the cancellation procedure described on the Site and/or the App. A cancellation becomes effective after Enaviga sends a notifying email about the cancellation.

In case of circumstances constituting a force majeure according to the meaning as defined in these Terms of Use, any User may request (i) the postponement of the Rental or Co-sailing to a later date, or (ii) the cancellation of the Rental or Co-sailing, after justifying the circumstances in writing to Enaviga within a maximum 12 hours before the Check-In Date.

8.1- Due to a Force Majeure

In case of the cancellation of the Rental or Co-sailing due to Force Majeure, the Owner will refund the Boat Rental Price, within fifteen (15) days and via bank transfer, to the Renter, which the Owner accepts. Enaviga will not be held liable in this regard. Accordingly, the Owner will not receive the amount due for the Rental or Co-sailing. The Renter understands and accepts that the Renter will only be able to request a refund of

The Owner, may request for the cancellation of a Rental and/or Co-sailing by the Owner is caused by the Renter's inability to justify his/her certification or qualifications as mentioned in his/her nautical 10CV, this cancellation will be considered justified. Under such circumstance the Renter will not be able to demand a refund of the amount of the Boat Rental Price. The Owner will receive the Boat Rental Price, less the Enaviga Service Fee.

8.2- Inability to justify certification or qualifications

The Owner, may request for the cancellation of a Rental and/or Co-sailing by the Owner is caused by the Renter's inability to justify his/her certification or qualifications as mentioned in his/her nautical 10CV, this cancellation will be considered justified. Under such circumstance the Renter will not be able to demand a refund of the amount of the Boat Rental Price. The Owner will receive the Boat Rental Price, less the Enaviga Service Fee.

The Renter must provide the Owner with his/her sailing license before Check-in Date via email, the Site or the App so the Owner can verify the certification.

8.3- Cancellation by the Owner

The Owner cannot request the cancellation of the Rental and/or Co-sailing, which the Owner has accepted, except in case of force majeure (Section 8.1) or in case of the Renter's inability to justify his/her certification or qualifications as mentioned in his/her nautical CV (Section 8.3).

In case of serious personal circumstances, accepted by Enaviga, leading to the Owner cancelling a Rental and/or Co-sailing, Enaviga shall its best effort to offer the Renter one of the following:

  • similar or better boat for the same Boat Rental Price,
  • smaller boat and refund of the price difference
  • and/or a compensation for accommodation cost for waiting of the initial Boat to be prepared up to the amount of the Rental and/or Co-sailing for the same period of time.

In cases where no alternative solution can be found within 24 hours, the Rental and/or Co-sailing shall be cancelled and the Owner shall refund the full Boat Rental Price to the Renter within a maximum of fifteen (15) days. The Renter understands and accepts that the Renter will only be able to request a refund of the Boat Rental Price directly from the Owner, without ever holding Enaviga liable in this regard.

In case of cancellation by the Owner under this Section, the Enaviga Service Fee will still be invoiced to the Owner. The amount due for this cancellation shall be paid by the Owner or automatically and legally be debited by Enaviga as part of the next transaction made by the Owner via the Site, using the Service.

After two improper or unjustified cancellations, Enaviga reserves the right to refuse further use the Service by the Owner.

8.4- Cancellation by the Renter

8.4.1- Cancellation without reason

The Renter may cancel the Rental and/or Co-sailing without reason according to the following cancellation policy.

Cancellation Fees is based on a percentage of the Boat Rental Price.

For Rental and/or Co-sailing made more than 30 days before the Check-In Date

  • up to 7 days after the conclusion of the Rental Contract: Cancellation Fees = 0% of the Boat Rental Price
  • Between 8 days after the conclusion of the Rental Contract and up to 30 days before the Check-In Date: Cancellation Fees = 50% of the Boat Rental Price
  • less than 30 days before the Check-In Date: Cancellation Fees 100% of the Boat Rental Price For Rental and/or Co-sailing made less than 30 days before the Check-In Date
  • Within 24 hours after the conclusion of the Rental Contract: Cancellation Fees 0% of the Boat Rental Price
  • After 24 hours after the conclusion of the Rental Contract: Cancellation Fees 50% of the Boat Rental Price

The Owner agrees to refund the Boat Rental Price to the Renter according to the applicable cancellation policy, less Enaviga Service Fee, within a maximum of fifteen (15) days. The Renter understands and accepts that the Renter will only be able to request a refund of the Boat Rental Price directly from the Owner, without ever holding Enaviga liable in this regard.

8.4.2- If the Boat does not correspond to its Listing

If the Boat does not correspond to the Listing the Renter will make Enaviga aware before the Rental and will present evidence to prove this.

The Renter must decide whether or not the Renter wishes to cancel the Rental and/or the Co-sailing.

In the event that the Renter decides to continue with the Rental and/or Co-sailing, the Renter will not be able to request a refund of the Boat Rental Price, for any reason whatsoever concerning this Rental and/or the Co-sailing.

In the event that the Renter decides to cancel the Rental and/or Co-sailing, the Owner shall agree, as a gesture of goodwill and without this allowing the Users to hold Enaviga liable in any way, to refund the Boat Rental Price to the Renter by bank transfer, within fifteen (15) days of cancellation. The Owner will therefore not receive the Boat Rental Price. The Renter understands and accepts that the Renter will only be able to request a refund of the Boat Rental Price directly from the Owner, without ever holding Enaviga liable in this regard.

8.4.3- If a breakdown occurs during the Rental and/or Co-sailing

If the Boat is the subject of a major fault (breakdown) during the Rental and/or Co-sailing, resulting in an inability to use the Boat for its principal purpose. In the case of this failure leading to an impossibility of using the boat for more than 23 (twenty-three) hours, the Renter will be able to terminate the Rental Contract.

The Renter must decide whether or not the Renter wishes to cancel the Rental and/or Co-sailing.

In the event that the Renter decides to continue with the Rental and/or Co-sailing, the Renter will in no case be able to request a refund of the Boat Rental Price, for any reason whatsoever concerning this booking.

In the event that the Renter decides to cancel the Rental and/or Co-sailing, the Owner shall agree, as a gesture of goodwill and without this allowing the Users to hold Enaviga liable in any way, to refund the Boat Rental Price to the Renter in proportion to the duration of the cancelled part of the Rental and/or Co-sailing, by bank transfer, within fifteen (15) days of cancellation. The Owner will therefore not receive the Boat Rental Price entirely. The Renter understands and accepts that the Renter will only be able to request a refund of the Boat Rental Price directly from the Owner, without ever holding Enaviga liable in this regard.

9- Conditions of payment for the Rental or Co-sailing

The payment for the Boat Rental Price is made by the Renter for each Rental and/or Co-sailing, in advance, by credit or debit card on the Site or the App via the payment solution made available, upon acceptance of the Booking Request by the Owner. The User may also pay by bank transfer but but only with a Check-In Date further than 14 days from the date of the Rental and/or Co-sailing. Payment of the Boat Rental Price by the Renter is made in a single payment.

Enaviga shall not be held liable for the delay in the bank authorization made on the credit card of a Renter, this delay resulting from the cardholder’s bank or from payment provider

Enaviga uses a secure payment system provided by an third party payment provider. This payment protocol is recognized worldwide for the protection of information transmitted online. Users’ Banking information (number, date of expiry, etc.) is encrypted before being sent to e-payment transaction server.

10- Availability of the Service and the Site

Enaviga agrees to do its best effort to ensure that the Service, the Site and the App are available 24 hours a day, 7 days a week, without interruption other than that which is required for the purposes of remedial or ongoing maintenance.

The User is specifically reminded of the fact that the Site, the App and the Service are, like any IT application, liable to malfunction, anomalies, errors and interruptions, particularly caused by connection problems. Accordingly, Enaviga does not guarantee the User that the Site, the App and the Service will be permanently available.

The User will not be able to hold Enaviga liable under any circumstances for any malfunctions, anomalies, errors or interruptions, even assuming that these could have caused any damage whatsoever.

11- Limitation of Liability

11.1- Enaviga is a marketplace

Enaviga acts as a marketplace to connect Owners with Renters. It is up to the User whether the User want to connect with a certain User, and the User alone bear the risk of any communication, meeting, or other connection with a User. The User acknowledge and agree that Enaviga is not a party to any communication, meeting or agreement between the User and another User, and that we are not liable to the User for any loss incurred as the result of a User’s acts or omissions, including without limitation fraud, failure to communicate, conversion, physical injury, mental distress, breach of contract, negligence, and intellectual property violations.

The User acknowledges and agrees that Enaviga does not necessarily have control over the quality, safety, morality or legality of any User or any service(s) they offer you, the truth or accuracy of any User statements, or the ability of Users to fulfill their obligations under Rental Contract. Enaviga cannot ensure that a User will actually complete a transaction or follow through on their promises.

Enaviga cannot guarantee the true identity, age, and nationality of a User. Enaviga encourages the User to communicate directly with Users through the tools available on the Site and/or the App. Enaviga does not verify or validate the information related to nautical CV, sailing license, certification and/or qualifications mentioned on the nautical CV.

Enaviga is not responsible for a either User’s failure to comply with the conditions set forth in the Terms of Use, and Enaviga cannot negotiate or resolve a dispute between Users. Enaviga is not liable if an Owner does not include in the Rental Contract provisions that are similar to the conditions set forth in the Terms of Use. In the event that the User cannot resolve a dispute with a User, after having made a good-faith attempt as set forth in this Agreement, email us at support@enaviga.com and Enaviga will make its best efforts to investigate the issue and take any action that Enaviga believes, in its sole discretion, is warranted, including without limitation suspending or terminating the Service to the Users or reporting any illegal activity to authorities, where applicable.

Enaviga does not make any representation or warranty about the quality of any boat, accuracy of any User’s representations on the Service or otherwise, the ability of any User to adhere to its representations and/or warranties, or any other statement concerning any agreement between Users on the Service. Enaviga does not confirm the accuracy of any information posted on the Service by its Users; it is the User’s sole responsibility to verify any information before entering into an agreement with another User on the Service. In case of an accident, the User may in no way hold Enaviga liable.

Enaviga is also not responsible for the possible lack of funds from the Renter's bank account or for any disagreement between the Owner and the Renter concerning the payment of the Security Deposit to the Owner.

11.2- Limitation of Liability

Under no circumstances shall Enaviga, its officers, owners, employees or agents and their respective heirs, successors and assigns be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from use of, or inability to use, the Site and/or the App or Service or the information contained therein, including but not limited to lost profits; lost data; loss of goodwill; copyright, trademark, or other intellectual property infringement; work stoppage; equipment failure or malfunction; illegal, immoral or fraudulent activity; personal injury; property damage; or any other damages or losses, for viruses alleged to have been obtained from the Site and/or the App, even if Enaviga has been notified of the possibility of such damages or losses and regardless of the theory of liability (contract, tort, statute, indemnity or otherwise). Nothing contained in this Site and/or the App or in any written or oral communications from Enaviga or its employees or agents shall be construed to make any promise, covenant, , or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Site and/or the App and the services provided by employees of the Site and/or the App are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Enaviga makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Site and/or the App’ content or that the functionality of 14the Site and/or the App will be uninterrupted or error-free or free from virus or third party attack. The User hereby acknowledge that the User’s use of the Site and/or the App and the Service is at the User’s sole risk.

In particular and without limitation, Enaviga's liability is excluded in the following cases:

  • improper or illegal use of the Site and/or the Service by the User,
  • unavailability of the Site and/or the Service in accordance with the aforementioned Article 9,
  • fraudulent access by a third party to the Site and/or Service,
  • non-compliance of the Boat with its Listing,
  • non-compliance with administrative and health requirements by the User.

Moreover, Enaviga cannot be held liable in cases relating to the User's compliance with social security and taxation obligations according to his/her status and/or any obligation of advice to Users as such.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, the User agree that the entire aggregate liability of Enaviga and sole remedy available to any User in any case in any way arising out of or relating to the Agreement, Site and/or the App or the Service shall, except in case of gross negligence or wilful misconduct, be limited to monetary damages that in the aggregate may not exceed 500€.

The User acknowledges that the pricing conditions of the Service are based on these limitations and exclusions, without which Enaviga would not have been contracted.

11.3- Risk of Upload and Liability for Content

Enaviga acts as a marketplace to connect Owners with Renters. It is up to the User whether the User want to connect with a certain User, and the User alone bear the risk of any communication, meeting, or other connection with a User. The User acknowledge and agree that Enaviga is not a party to any communication, meeting or agreement between the User and another User, and that we are not liable to the User for any loss incurred as the result of a User’s acts or omissions, including without limitation fraud, failure to communicate, conversion, physical injury, mental distress, breach of contract, negligence, and intellectual property violations.

The User acknowledges and agrees that Enaviga does not necessarily have control over the quality, safety, morality or legality of any User or any service(s) they offer you, the truth or accuracy of any User statements, or the ability of Users to fulfill their obligations under Rental Contract. Enaviga cannot ensure that a User will actually complete a transaction or follow through on their promises.

Enaviga cannot guarantee the true identity, age, and nationality of a User. Enaviga encourages the User to communicate directly with Users through the tools available on the Site and/or the App. Enaviga does not verify or validate the information related to nautical CV, sailing license, certification and/or qualifications mentioned on the nautical CV.

Enaviga is not responsible for a either User’s failure to comply with the conditions set forth in the Terms of Use, and Enaviga cannot negotiate or resolve a dispute between Users. Enaviga is not liable if an Owner does not include in the Rental Contract provisions that are similar to the conditions set forth in the Terms of Use. In the event that the User cannot resolve a dispute with a User, after having made a good-faith attempt as set forth in this Agreement, email us at support@enaviga.com and Enaviga will make its best efforts to investigate the issue and take any action that Enaviga believes, in its sole discretion, is warranted, including without limitation suspending or terminating the Service to the Users or reporting any illegal activity to authorities, where applicable.

Enaviga does not make any representation or warranty about the quality of any boat, accuracy of any User’s representations on the Service or otherwise, the ability of any User to adhere to its representations and/or warranties, or any other statement concerning any agreement between Users on the Service. Enaviga does not confirm the accuracy of any information posted on the Service by its Users; it is the User’s sole responsibility to verify any information before entering into an agreement with another User on the Service. In case of an accident, the User may in no way hold Enaviga liable.

Enaviga is also not responsible for the possible lack of funds from the Renter's bank account or for any disagreement between the Owner and the Renter concerning the payment of the Security Deposit to the Owner.

11.4- Hyperlinks

Enaviga acts as a marketplace to connect Owners with Renters. It is up to the User whether the User want to connect with a certain User, and the User alone bear the risk of any communication, meeting, or other connection with a User. The User acknowledge and agree that Enaviga is not a party to any communication, meeting or agreement between the User and another User, and that we are not liable to the User for any loss incurred as the result of a User’s acts or omissions, including without limitation fraud, failure to communicate, conversion, physical injury, mental distress, breach of contract, negligence, and intellectual property violations.

The User acknowledges and agrees that Enaviga does not necessarily have control over the quality, safety, morality or legality of any User or any service(s) they offer you, the truth or accuracy of any User statements, or the ability of Users to fulfill their obligations under Rental Contract. Enaviga cannot ensure that a User will actually complete a transaction or follow through on their promises.

Enaviga cannot guarantee the true identity, age, and nationality of a User. Enaviga encourages the User to communicate directly with Users through the tools available on the Site and/or the App. Enaviga does not verify or validate the information related to nautical CV, sailing license, certification and/or qualifications mentioned on the nautical CV.

Enaviga is not responsible for a either User’s failure to comply with the conditions set forth in the Terms of Use, and Enaviga cannot negotiate or resolve a dispute between Users. Enaviga is not liable if an Owner does not include in the Rental Contract provisions that are similar to the conditions set forth in the Terms of Use. In the event that the User cannot resolve a dispute with a User, after having made a good-faith attempt as set forth in this Agreement, email us at support@enaviga.com and Enaviga will make its best efforts to investigate the issue and take any action that Enaviga believes, in its sole discretion, is warranted, including without limitation suspending or terminating the Service to the Users or reporting any illegal activity to authorities, where applicable.

Enaviga does not make any representation or warranty about the quality of any boat, accuracy of any User’s representations on the Service or otherwise, the ability of any User to adhere to its representations and/or warranties, or any other statement concerning any agreement between Users on the Service. Enaviga does not confirm the accuracy of any information posted on the Service by its Users; it is the User’s sole responsibility to verify any information before entering into an agreement with another User on the Service. In case of an accident, the User may in no way hold Enaviga liable.

Enaviga is also not responsible for the possible lack of funds from the Renter's bank account or for any disagreement between the Owner and the Renter concerning the payment of the Security Deposit to the Owner.

12- Use of the Site and/or the App

The User shall comply with the following:

  • The User may not browse or download illegal content ;
  • The User must not copy or capture, or attempt to copy or capture, any content from the Site and/or the App or any part of the Site and/or the App, unless given express permission by Enaviga ;
  • The User must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Site and/or the App or any part of the Site and/or the App, except (i) where such content is created by The User, or (ii) as permitted under these Terms of Use, and within the parameters set by the person or entity that uploaded the content (for example, under the terms of Creative Commons licenses selected by the Uploader) ;
  • The User must not use any content (other than the User’s Content) in any way that is designed to create a separate content service or that replicates any part of the Site and/or the App’ offering ;
  • The User must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content ;
  • The User must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, post comments, or otherwise to act on the User’s behalf, particularly where such activity occurs in a multiple or repetitive fashion. The User must not offer or promote the availability of any such techniques or services to any other users of the Site and/or the App ;
  • The User must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Site and/or the App or any content appearing on the Site and/or the App (other than the User’s Content) ;
  • The User must not, and must not permit any third party to, copy or adapt the object code of the Site and/or the App, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Site and/or the App, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content other than User’s Content.
  • The User must not use the Site and/or the App to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

    • any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Enaviga’s sole and reasonable discretion;
    • any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
    • any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Enaviga’s sole and reasonable opinion;
    • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Site and/or the App or servers or networks forming part of, or connected to, the Site and/or the App, or which does or might restrict or inhibit any other user's use and enjoyment of the Site and/or the App; or any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
  • The User must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation ;
  • The User must not rent, sell or lease access to the Site and/or the App, or any Content on the Site and/or the App ;
  • The User must not deliberately impersonate any person or entity or otherwise misrepresent the User’s affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person ;
  • The User must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Enaviga employee. If we feel that the User’s behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate the User’s membership and the User will not be entitled to any refund of unused subscription fees ;
  • The User must not sell or transfer, or offer to sell or transfer, any Enaviga account to any third party without the prior written approval of Enaviga ;
  • The User must not deliberately impersonate any person or entity or otherwise misrepresent the User’s affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person ;
  • The User must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Enaviga employee. If we feel that the User’s behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate the User’s membership and the User will not be entitled to any refund of unused subscription fees ;
  • The User must not sell or transfer, or offer to sell or transfer, any Enaviga account to any third party without the prior written approval of Enaviga ;
  • The User must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping ;
  • The User must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Enaviga or any Uploader; access or attempt to access data or materials which are not intended for the User’s use; log into, or attempt to log into, a server or account which the User are not authorized to access; attempt to scan or test the vulnerability of Enaviga’s servers, system or network or attempt to breach Enaviga’s data security or authentication procedures; attempt to interfere with the Site and/or the App or the Services by any means including, without limitation, hacking Enaviga’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Enaviga under these Terms of Use, Enaviga reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

The User agrees to comply with the above conditions, and acknowledge and agree that Enaviga has the right, in its sole discretion, to terminate the Service or take such other action as we see fit if the User breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

13- Your Representations

By using the Site and/or the App and/or the Service, the User agree to the following:

  • As set forth in these Terms of Use, Enaviga provides a marketplace through which Owners can connect with Renters for the purpose of renting a boat, or any other floating craft, for a set period of time.
  • By entering into an agreement with a Renter (if the User are an Owner renting the User’s boat) or an Owner (if the User are a Renter attempting to book at boat for a set period of time), the User are entering into a legal and binding contract with the other User.
  • The User acknowledge and agree that Owners will have the ability to set the price at which a boat can be rented, and that such price shall be determined in the Owner’s sole discretion (subject to all applicable laws). Enaviga does not have control over the prices set by Owners, and cannot negotiate or reduce a price on the User’s behalf. Enaviga acts merely as a marketplace provider, transmitting the details of the proposed agreement between a Renter and Owner and sending confirmation emails to each User once the Rental Contract has been finalized.
  • It is the Owner’s sole responsibility to:

    • update all prices on the Listing in a timely manner;
    • ensure that all information on the Listing is accurate and up-to-date;
    • obtain a signed and legally binding Rental Contract from Renter setting forth the specific terms under which Owner’s boat shall be rented;
    • ensure that the performance provisions of the Rental Contract between the Users is upheld, including ensuring that the boat is provided during the time frame specified, is provided in the condition warranted by Owner and/or acceptable to Renter, and is furnished in accordance with Owner’s representations; and
    • Make a good-faith effort, in concert with Renter, to resolve any dispute between the Users.
  • It is the Renter’s sole responsibility to:

    • make complete and timely payments to Owner;
    • Obtain a signed and legally binding agreement from Owner setting forth the specific terms under which Renter shall rent Owner’s boat;
    • Own the appropriate and valid license(s) to sail the rented boat
    • Maintain the boat in the same condition in which it was delivered to Renter, and make or pay for any necessary repairs due to Renter’s use of the boat;
    • Return the boat at the time and in the condition agreed upon between the Users; and
    • Make a good-faith effort, in concert with Owner, to resolve any dispute between the Users.
  • In the event that a User decides to cancel a Rental Contract with another User, it is the Users’ responsibility to arrange the cancellation and/or any refund that will be issued to the Renter. Enaviga is not obliged to arrange, negotiate, or coordinate a cancellation and/or refund.

14- Indemnity by You

The User agree to indemnify and hold Enaviga, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

  • the User’s use of the Service and/or Site and/or the App in violation of the Agreement and/or arising from a breach of the Agreement including without limitation the User’s representations and warranties set forth above;
  • any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Site and/or the App, and/or the User’s making available thereof to other users of the Site and/or the App, and/or the actual use of Your Content by other users of the Site and/or the App or related services in accordance with these Terms of Use and the parameters set by the User with respect to the distribution and sharing of User’s Content;
  • any activity related to the User’s account, be it by the User or by any other person accessing the User’s account with or without the User’s consent unless such activity was caused by the act or default of Enaviga.

15- Suspension/Termination

The User acknowledges that Enaviga has the right to suspend access to the Service and to terminate its contractual relationship with the User and to remove any User account simply by sending an email and without further formalities for any reason, including:

  • in case of improper or illegal use of the Service especially in case of issues regarding payment (including suspicions of money laundering),
  • in case of breach of the Terms of Use,
  • in case of the cancellation of more than two bookings, excluding cases of force majeure, as explained in Article 7
  • in case of particularly negative evaluations by other Users or non-compliance of the Boat with the Listing
  • in case of the shut-down of the Site and/or the Service by Enaviga.
  • if ordered to do so by a court,
  • in other appropriate circumstances, as determined by Enaviga at its sole discretion.

The User agrees not to create a new User account subsequently. The User may terminate his/her User account at any time by sending an email to info@enaviga.com. However, the User agrees to maintain and ensure ongoing or accepted bookings.

16- Intellectual property

16.1- Enaviga intellectual property rights

"Enaviga" intellectual property and the logo on the Site and App are trademarks and/or signs protected by copyright and remain the sole property of Enaviga. No license is granted to the User.

Enaviga has intellectual property rights relating to the Service, the Site and the App, including software, ergonomics, layout, graphic elements, logo and design of the Site.

The User is prohibited from infringing the intellectual property rights owned by Enaviga in any way. Users are solely responsible for Content and guarantee Enaviga against any claim relating to Content in terms of infringement of third party rights and current legislation and agree to indemnify Enaviga for any harm that may be suffered by it and to pay for all damages and expenses (including for legal counsel) it may have incurred as a result.

Each User grants free non-exclusive right to reproduce, show, modify, translate, adapt and sublicense Content for the duration of copyright and across the globe, on any digital, analogue or paper media, for commercial or non-commercial purposes.

16.2- Unsolicited Ideas and Feedback

Users sometimes submit ideas or suggestions for the Site and/or the App and/or Service (collectively, the "Feedback"). The User acknowledges and agree that we do not solicit such Feedback and that we are not under any obligation to review or consider such Feedback. Furthermore, by submitting Feedback to us, the User acknowledge and agree that, regardless of any information the User provide along with such Feedback:

  • the User’s Feedback and any contents attached thereto will automatically become the property of Enaviga without any compensation paid to the User in exchange therefor;
  • Enaviga may use or redistribute any Feedback and any contents attached thereto for any purpose and in any way;
  • Enaviga has no obligation to review any Feedback; and
  • Enaviga has obligation to keep any Feedback confidential.

16.3- Copyright Policy

Enaviga prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. For any claim of copyright infringement, please contact us at info@enaviga.com:

17- Modifications to Service

Enaviga reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The User agree that Enaviga shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Service.

18- Blocking of IP Addresses

In order to protect the integrity of the Services, Enaviga reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Site and/or the App.

19- No Third Party Beneficiaries

The User agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

20- Privacy, data protection and Cookies

Use of the Site and/or the App and/or the Service is also governed by our Privacy Policiy and our Cookies Policy

21- Force majeure,

The Parties agree that the following constitute a force majeure:

  • extreme weather warnings which prevent all sea travel,
  • legislative and regulatory changes,
  • natural disasters, fires, storms, floods, wars and acts of terrorism, strikes within a company, disease, electrical surges and shocks, failures in cooling systems and hardware, jamming and slowdowns of electronic communications networks and, more generally, any event which is unforeseeable by and beyond the control of Enaviga and Users.

22- Confidentiality

Enaviga agrees not to use any data provided by the User for purposes other than that of the Service and, in particular, agrees not to sell the data to third parties for commercial purposes, except for such use required by law or any administrative or judicial authority.

23- Severability and Waiver

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Enaviga’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Enaviga’s ability to enforce such term at any point in the future.

24- Attorney Fees

In the event that Enaviga is successful in whole or in part in any action or proceeding related to or arising from this Agreement, the User shall be responsible for Enaviga’s attorneys' fees and costs.

25- Availability Outside the EU

If the User access Enaviga from outside of the European Union, the User do so at the User’s own risk and are responsible for compliance with the laws of the User’s jurisdiction.

26- Jurisdiction and Choice of Law

If there is any dispute arising out of the Site and/or the App and/or the Service, by using the Site and/or the App and/or Service, the User expressly agree that any such dispute shall be governed by the laws of Belgium, without regard to its conflict of law provisions, and the User expressly agree and consent to the exclusive jurisdiction and venue of the courts of Brussels, Belgium (French speaking chamber), for the resolution of any such dispute. This provision is without prejudice to mandatory laws for consumer protection that could provide for another location for the competent jurisdiction.