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Terms and Conditions

Terms and Conditions

These Terms & Conditions (“Terms”) govern your use of rentaboat.com.mt (“the Platform”), operated by Casasoft Ltd (company registration number C49034, VAT number MT19736837), with registered office at 113, Mdina Road, Qormi QRM 9016, Malta, trading as Rent A Boat (“we”, “us” or “our”).

By creating an account, listing a boat, or completing a booking, you confirm that you have read these Terms, that you accept them, and that you have read our Privacy Policy.

1. Definitions

Platform
The website at rentaboat.com.mt and any associated mobile applications, operated by Casasoft Ltd trading as Rent A Boat.
User
Any person who accesses or uses the Platform, including a Renter or an Owner.
Owner
An independent third party who lists a boat or charter service on the Platform with a view to renting it out.
Renter
A User who books a boat or charter service through the Platform.
Listing
The page on the Platform created by the Owner that describes a boat or charter service offered for rental, including price, availability and the Owner’s cancellation policy.
Booking
A confirmed reservation made by a Renter through the Platform for a Listing.
Rental Contract
The contract for the rental of the boat or charter service, formed between the Renter and the Owner at Booking confirmation.
Skippered charter
A rental in which the Owner provides the skipper or crew who operates the boat.
Bareboat charter
A rental in which the Renter operates the boat themselves, holding any qualification or licence required by Maltese law.
Handover
The point at which the Owner transfers possession of the boat to the Renter (or to the Owner’s skipper) at the start of the charter, and the corresponding return at the end.
Commission
The fee that the Owner pays us for our services as an intermediary, deducted from the Owner’s payout.
Deposit
Any security or damage deposit collected by the Owner from the Renter at Handover, separately from the Booking price.

2. Our role – intermediary status

The Platform is a marketplace that introduces Renters to independent Owners. We are not a party to the Rental Contract. We do not own, operate, charter, broker, sub-charter, manage or insure any boat listed on the Platform. Each Owner is independently responsible for their own listing, their boat, the quality of the charter, and compliance with Maltese law.

The Rental Contract is formed exclusively between the Renter and the Owner at the moment a Booking is confirmed (see section 5). All operational matters – including handover, safety briefings, fuel, mooring, returning the boat, deposits and damage claims – are matters between the Renter and the Owner.

We provide ancillary services such as discoverability of Listings, the booking flow, payment collection from the Renter via Stripe, payout to the Owner, customer support and dispute facilitation. None of these services makes us a party to the Rental Contract or makes us liable for the performance of the Rental Contract.

3. Eligibility and accounts

To register an account you must be at least 18 years old and have legal capacity to contract under Maltese law. You must provide accurate, current and complete information, and keep it up to date. You may register one account per person or legal entity.

You are responsible for the security of your credentials and for all activity carried out through your account. Tell us at [email protected] as soon as possible if you suspect unauthorised access. We may suspend or close accounts that breach these Terms or that we reasonably suspect of fraud, abuse or unlawful activity.

4. Listings and Owner representations

By publishing a Listing, the Owner represents and warrants that:

  • they own the boat or are authorised by its owner to list and rent it out on the Platform;
  • the Listing is accurate, current, not misleading, and does not infringe any third-party rights;
  • the boat is seaworthy, properly maintained and equipped with the safety equipment required by Maltese law for the use offered;
  • the Owner holds all licences, authorisations, registrations and permits required by Transport Malta and any other competent authority for the commercial use of the boat;
  • the Owner holds valid insurance covering the boat, third-party liability and any other cover required by Maltese law for the use offered, and is solely responsible for paying the premiums and complying with the policy conditions;
  • the Owner accounts for all applicable taxes (including VAT) on the rental.

We may require an Owner to provide proof of any of the above before publishing a Listing or at any time afterwards. We do not, however, undertake to verify any document, and any verification we do carry out does not relieve the Owner of any obligation in this section.

5. How a Booking is formed

A Listing on the Platform is an invitation to treat, not an offer to contract. When a Renter sends a booking request through the Platform, that request is an offer to enter into a Rental Contract with the Owner on the terms shown on the Listing (including the Owner’s cancellation policy) and these Terms. The Rental Contract is formed when the Owner accepts the request – either manually, or automatically where the Listing is configured for instant booking – and the Renter has paid through the Platform.

Once a Booking is confirmed, the Platform sends a confirmation to both parties and exchanges their contact details so that they can coordinate the charter.

6. Pricing and payment via Stripe

The Renter pays a single all-in price in EUR shown on the Listing at the time of booking. That price includes any platform Commission and any taxes that we are required to display.

Card payments are processed by Stripe Payments Europe Ltd (Ireland). By making a payment, the Renter accepts Stripe’s consumer terms. Stripe collects the payment, applies its anti-fraud screening, and after the relevant rental has been delivered, releases the Owner’s share to the Owner’s connected Stripe account, less the Commission.

If a payment fails, is reversed, charged back, or is disputed, we may suspend the related Booking, contact the parties, and recover any amounts owed by setting them off against future payouts or by direct invoice.

Receipts and any tax invoices in respect of the rental are issued by the Owner. We issue our own invoice to the Owner for the Commission.

7. Platform commission

We charge the Owner a Commission for use of the Platform, which is shown to the Owner in their account at the time of listing and at the time of confirmation. The Renter does not pay any separate platform fee in addition to the price shown on the Listing.

Commission rates may change. Any change applies only to Bookings confirmed after the change takes effect; we will give Owners reasonable advance notice in writing.

8. Cancellation by the Renter

Each Owner sets the cancellation policy that applies to their Listing. The applicable policy is shown to the Renter on the Listing and on the booking summary before payment. By confirming the Booking, the Renter accepts that policy.

To cancel a Booking, the Renter must use the cancellation function in their account so that we can apply the Owner’s policy and process any refund through Stripe. Refunds are made to the original method of payment. Stripe’s standard processing time for refunds applies; we do not control how long the Renter’s bank takes to credit the account.

Any non-refundable element of a Booking covers our Commission and the Owner’s costs in good faith reliance on the Booking. The Renter has no separate cancellation right against the Platform.

9. Cancellation by the Owner, no-show and weather

If the Owner needs to cancel a confirmed Booking, the Owner must do so as soon as possible through the Platform. The Renter receives a full refund of the price paid through the Platform. We may also recover from the Owner any costs we incur in helping the Renter find an alternative.

If the Renter does not arrive at Handover at the agreed time and place, and reasonable contact attempts fail, the Owner may treat the Booking as a no-show and apply the no-show terms in the applicable cancellation policy.

If weather, sea conditions, port-authority orders, mechanical failure, illness of the skipper, or any other event of force majeure prevents the charter from going ahead safely, the Owner’s published policy and Maltese law on impossibility of performance govern. Where the parties agree to reschedule rather than cancel, the Platform will help apply the credit to a new date subject to availability.

The Platform is not responsible for the consequences of a cancellation, a no-show or a weather-related disruption beyond facilitating the refund or rescheduling under the applicable policy.

10. Security and damage deposits

Any Deposit is collected, held and released by the Owner, directly with the Renter, at Handover. The Platform does not collect, hold or release any Deposit, and is not party to any deposit agreement between the Renter and the Owner.

The Owner must clearly disclose on their Listing whether a Deposit applies, the amount, the payment method accepted at Handover (for example cash or the Owner’s own card terminal), and the conditions for its return. If the Renter declines to provide a Deposit that was clearly disclosed, the Owner may refuse Handover and apply the no-show terms.

Disputes about a Deposit (including allegations of damage) are between the Renter and the Owner. We may, at our discretion, share information from our records to help the parties resolve such a dispute, but we do not arbitrate it and we have no obligation to take sides.

11. Owner obligations

In addition to the representations in section 4, the Owner agrees to:

  • operate the boat in compliance with Maltese law and any directions of Transport Malta and other competent authorities;
  • keep the Listing up to date, including availability, pricing and cancellation policy;
  • respond to booking requests, messages and support enquiries promptly;
  • turn up to Handover on time, in good order, with all required documents and safety equipment;
  • at the start of a bareboat charter or jet-ski rental, verify by sight the original of any skipper licence or other qualification required for the boat under Maltese law, and refuse Handover (without refund) if the Renter cannot produce it;
  • provide a clear safety briefing, including emergency contact and signal procedures, before letting the Renter take possession;
  • handle any damage claim and Deposit dispute lawfully and in good faith with the Renter directly;
  • indemnify the Platform as set out in section 23.

12. Renter obligations

The Renter agrees to:

  • provide accurate booking information, including the size of the party and any special requirements;
  • before booking a bareboat charter or a jet-ski rental, confirm and warrant that they personally hold any skipper licence, qualification or proficiency certificate required for the boat under Maltese law, and produce the original at Handover on request;
  • operate the boat (or instruct any operator they bring on board) in a safe, lawful and responsible manner, observing the safety briefing and the Owner’s instructions;
  • not exceed the capacity of the boat or use it for any purpose not permitted by the Listing;
  • return the boat at the agreed time and place in the condition received, fair wear and tear excepted;
  • pay the Owner directly for any damage caused during the rental beyond fair wear and tear, in accordance with the Rental Contract and Maltese law;
  • indemnify the Platform as set out in section 23.

13. Skippered vs bareboat charters

Each Listing states whether the charter is offered with skipper, without skipper (bareboat) or both. On a skippered charter the boat is operated by the Owner’s skipper or crew, and the Renter has no obligation to hold an operating licence. On a bareboat charter the Renter operates the boat, and the warranty in section 12 applies. Where a Listing offers both options, the option chosen at booking determines which obligations apply.

14. Jet skis and small craft

Operating a jet ski or other personal watercraft in Maltese waters is subject to Maltese law and the rules of Transport Malta, including age limits, operator-permit requirements and geographic restrictions. The Renter is solely responsible for understanding and complying with those rules. The Owner may refuse Handover, without refund, if the Renter does not meet them.

15. Maltese maritime regulation

Boats listed and operated in Malta are subject to the Authority for Transport in Malta Act, the Merchant Shipping Act, and subsidiary legislation made under those Acts – including rules on small commercial yachts, pleasure-craft licensing, and the operation of jet skis and personal watercraft. References on the Platform to those rules are for information only; they are not legal advice and we do not warrant that they are complete or current. Owners and Renters are responsible for their own compliance.

For maritime emergencies in Malta, contact the emergency services on 112.

16. Reviews

Renters who complete a Booking can leave a review of the boat and the Owner. We accept reviews only from verified Renters in respect of completed Bookings. We may moderate or remove reviews that are unlawful, off-topic, contain personal data of others without consent, are abusive, or appear to be exchanged for payment or other inducement. Owners may publish a single reply to a review and may flag a review for moderation, but they may not pay, threaten or otherwise pressure a Renter to amend or remove it.

17. User content licence

By posting a review, photo, message or other content on the Platform, you grant Casasoft Ltd a non-exclusive, royalty-free, worldwide, sub-licensable licence to host, store, reproduce, adapt for technical purposes, display and distribute that content on the Platform and in the marketing of the Platform and the relevant Listing, for as long as the Platform is operated. You confirm that you have the rights to grant that licence and that the content does not infringe anyone else’s rights.

18. Prohibited uses and anti-disintermediation

You agree not to:

  • use the Platform for any purpose that is illegal, fraudulent or harmful;
  • scrape, copy or systematically extract content or data from the Platform without our written consent;
  • introduce malware or interfere with the Platform’s normal operation;
  • impersonate any other person or misrepresent your affiliation;
  • circumvent the booking flow in order to avoid the Commission. In particular, once a Renter and an Owner have come into contact through the Platform, they must complete any rental for that boat for the next twelve months through the Platform. Off-platform contact details may be exchanged only after a Booking has been confirmed and only for the purpose of that Booking.

If we have reasonable grounds to believe that a User has circumvented the booking flow, we may invoice the User for the Commission that would have been due, suspend or close their account, and pursue any other remedy available under Maltese law.

19. Suspension and termination

We may suspend or close an account, remove a Listing or cancel a pending Booking where we reasonably consider that a User has materially breached these Terms, that there is fraud, or that allowing the activity to continue would expose the Platform or another User to undue risk. We will give reasons where we can lawfully do so. Bookings already confirmed and paid will be honoured or refunded in line with the Owner’s cancellation policy and applicable law.

You can stop using the Platform and close your account at any time, subject to the orderly completion of any Booking already confirmed.

20. Intellectual property

The Platform, its source code, design, layout, graphics, logos, the trade marks “Rent A Boat” and “Casasoft” and all related intellectual-property rights belong to Casasoft Ltd or its licensors. Nothing in these Terms transfers any of those rights to you. You receive only the limited, revocable right to use the Platform for the purposes set out in these Terms.

21. Disclaimers

To the extent permitted by Maltese law, the Platform is provided “as is” and “as available”. We do not warrant that:

  • any specific Listing will be available, suitable for any particular purpose, or accurate in every respect;
  • any Owner or Renter will perform the Rental Contract;
  • weather or sea conditions will allow a charter to take place; or
  • the Platform will be free from interruptions, errors or security incidents.

Nothing in this section limits any warranty or right that cannot be excluded under the Maltese Consumer Affairs Act (Cap. 378) or other mandatory consumer-protection law.

22. Limitation of liability

The Platform’s liability arising out of or in connection with these Terms or the use of the Platform is limited, per Booking, to the Commission we received in respect of that Booking. The Platform is not liable for any indirect, special or consequential loss, including loss of profit, loss of enjoyment, loss of opportunity or loss of data.

Nothing in these Terms excludes or limits our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • any other liability that cannot be excluded or limited under Maltese law, including mandatory consumer-protection rules.

For the avoidance of doubt, we are not liable for the acts, omissions, negligence or solvency of any Owner or Renter, for the seaworthiness or safety of any boat, for any breach of the Rental Contract, or for any incident occurring during the rental.

23. Indemnification

The Owner agrees to indemnify and hold harmless Casasoft Ltd, its directors, employees and agents from and against any claim, loss, liability, damage and reasonable cost (including legal fees) arising out of or in connection with the Owner’s boat, Listing, conduct, or breach of these Terms, except to the extent caused by our own breach.

The Renter agrees to indemnify and hold harmless Casasoft Ltd, its directors, employees and agents from and against any claim, loss, liability, damage and reasonable cost (including legal fees) arising out of or in connection with the Renter’s breach of these Terms or misuse of the boat or the Platform.

24. Consumer rights and the right of withdrawal

Where the Renter is a consumer for the purposes of the Maltese Consumer Affairs Act (Cap. 378) and Directive 2011/83/EU on consumer rights, the Renter has the statutory rights set out in those laws. These Terms do not exclude those rights and, to the extent of any inconsistency, those laws prevail.

The fourteen-day right of withdrawal for distance contracts under Article 9 of Directive 2011/83/EU does not apply to a Booking. A Booking is a contract for “the provision of accommodation other than for residential purpose, transport of goods, vehicle rental services, catering or services related to leisure activities, where the contract provides for a specific date or period of performance” under Article 16(l) of that Directive. A boat rental for a specific date or period falls within that exception.

This does not affect the cancellation and refund mechanisms in sections 8 and 9, or the consumer’s statutory rights where a service is not provided as described.

25. Online dispute resolution and complaints

If you have a complaint, please first contact us at [email protected] so that we can try to resolve it. We aim to acknowledge complaints within five business days and provide a substantive response within thirty days.

If you are a consumer resident in the EU, you may also use the European Commission’s Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr. In Malta, you may also contact the Malta Competition and Consumer Affairs Authority at mccaa.org.mt. Use of these services is voluntary, and we are not obliged to use any particular alternative dispute-resolution body unless required by law.

26. Governing law

These Terms, the Rental Contract (in so far as our role in it is concerned), and any non-contractual obligations arising out of or in connection with them, are governed by Maltese law.

27. Jurisdiction

The courts of Malta have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms. Where the User is a consumer, this clause does not deprive the consumer of the protection afforded to them by the mandatory rules of the law of the country where they have their habitual residence under Regulation (EU) No 1215/2012 (Brussels Ia) and Regulation (EC) No 593/2008 (Rome I).

28. Changes to these Terms

We may change these Terms from time to time. The version number, “last updated” date and effective date appear at the top of this page. For material changes that affect Bookings already confirmed or that introduce new obligations on Users, we will give at least thirty days’ advance notice by email to the address registered to your account or by a prominent banner on the Platform. Continued use of the Platform after the effective date of a change constitutes acceptance of the new Terms.

29. Notices and contact

Notices to us must be sent to [email protected] or by post to the registered office shown above. Notices to you will be sent to the email address registered to your account.

Casasoft Ltd, trading as Rent A Boat
113, Mdina Road, Qormi QRM 9016, Malta
General: [email protected] · [email protected]
Privacy: [email protected]

30. Severability, entire agreement, assignment, no waiver

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be replaced by a valid one that comes closest to the intention of the original.

Entire agreement. These Terms, together with the Privacy Policy and any policies referred to from them, constitute the entire agreement between you and us about your use of the Platform, and supersede any prior agreements on the same subject.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer ours to any successor in our business on giving notice to you.

No waiver. A failure or delay by us in enforcing a right under these Terms does not waive that right.

This document works alongside our Privacy Policy.

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