Terms & Conditions

• • a. If you are acting on your own behalf, you possess the legal ability and authority to create a binding legal obligation. If you are acting on behalf of another person or entity, you have the legal authority to bind and act on behalf of such person or entity, including the authority to enter into this Agreement, and you will inform such person or entity about these Terms, and their binding nature.
  • b. You will use this Site in accordance with these Terms. You will only use the App to make legitimate searches, communications, uploads, and payments in connection with a bona fide intention to create a Listing and/or make a Reservation for you and/or another person(s) or entity for whom you are legally authorized to act.
  • c. All information supplied by you on this Site is true, accurate, current, and complete.
  • d. You are wholly and exclusively responsible for any activities conducted through your account and your access to and use of the App and the Services.

To make Listings as a Host or to make Bookings as a Guest, you must first create an account with us through the App. To create an account, you will be required to submit certain information, including, but not limited to, your name, your email address, your mailing and billing addresses, payment information, and your phone number. Once you create an account, and we have, in our discretion, verified the information you have submitted, you will be a User. As a User, you will have access to the App’s Services, and the App will enable you to make Listings, make Bookings as a Guest, and make and receive payments for those Services.

• • • a. Nature of a Listing. Contract Offer.
  When a Host submits a Listing, the Host is making an offer to enter into a contract with a Guest to provide access to and use of a Docking Facility as stated in the Listing with additional terms and conditions supplied by these Terms. If a Guest makes a Booking from a Listing, that is the Guest accepting the Host’s offer and a contract is formed between the Host and the Guest based on the Listing and these Terms.
  • • b. Host Representations.
  When a Host submits a Listing, the Host represents and warrants to us and to prospective Guests as follows:
  • • 1. The Host has a legally enforceable interest in the Docking Facility and such interest permits the Host to grant access to and use of the Docking Facility to any Guest via the App and as stated in the Listing;
      2. The information provided in each Listing, including any images, is true, accurate, and not misleading;
      3. If the Docking Facility is adjacent to land (e.g. is not a mooring buoy), there is at least pedestrian ingress and egress to the Docking Facility (i.e. the Docking Facility can be accessed by foot);
      4. In connection with providing the Docking Facility for a Booking, the Host will comply with these Terms;
      5. The Docking Facility is in working order and is adequate for and compatible with the vessel size and characteristics as stated in the Listing; and
      6. The Docking Facility is not considered lodging and is not being offered as lodging.
    • c. Review of Listings
  Every Listing submitted is subject to review and approval by us, and we may reject any Listing submitted for any or no reason and in our sole discretion.
  • • d. Non-Competition
  In connection with your use of our Services, you must act responsibly and exercise good judgment. Without limiting the foregoing, you will not use the Apo or our Services to find a host or guest and then complete the transaction offline in order to circumvent your obligation to pay for the Service’s fees.

• • • a. Guest Representations
  When a Guest makes a Booking, the Guest represents and warrants to us and to that Host as follows:
  • 1. The Guest intends to use and will use the Docking Facility only in connection with a vessel in which the Guest has a legally enforceable interest;
    2. The Guest does not intend to use and will not use the Docking Facility as lodging;
    3. Guest’s vessel is in working order, is adequate for and compatible with the vessel size and characteristics as stated in the Listing, and contains appropriate equipment for safely docking or mooring the vessel;
    4. In connection with accessing and using the Docking Facility under a Booking, the Guest will comply with these Terms;
    5. The Guest can pay all amounts due or that become due in respect to the Booking.
  • b. Limited Access and Use
    • A Booking gives you as a Guest limited access to and use of the Docking Facility on the terms and conditions stated in the Listing and in these Terms. A Booking does not afford you any property right in such Docking Facility.

• • a. By using our Services or App, you agree to purchase a mandatory minimum insurance policy to cover damages resulting from the use of our Services. You must obtain insurance coverage through the Dockaboat App, where you can select the type of coverage from the options we offer.
  • b. Guests must pay a non-refundable insurance fee of Five US dollars per day ($5/day) with a minimum of Thirty-Five US dollars ($35) per transaction at the time of booking to make a Booking. This insurance covers damages of up to Five Hundred US dollars ($500) incurred during the rental period. Guests must also maintain their own boat insurance.
  • c. Hosts must pay a non-refundable insurance fee of Two US dollars per day ($2/day) with a minimum of Thirty-Five US dollars ($35) for coverage of up to Five (5) million dollars to accept a Booking.
  • d. The Company reserves the right to modify insurance coverage and fees at any time, and will notify Hosts and Guests of any changes in advance. By using the App, Hosts and Guests agree to abide by the insurance terms and conditions set forth by the Company.

• • • a. Verification Service Fee.
  To ensure the safety and security of our community, we use Superhog, a third-party verification service, to verify the identities of Hosts and Guests at the time of booking.
  • 1. By using our Services or App, you agree to pay a verification service fee for the use of Superhog’s services. The verification service fee will be charged to your account at the time of booking and is non-refundable.
    2. The verification service fee will be based on the rates charged by Superhog and may vary depending on the level of verification required. We reserve the right to modify the verification service fee at any time, and will notify you of any changes in advance.
    3. You acknowledge and agree that our use of Superhog’s services is subject to Superhog’s terms and conditions, which are available at https://superhog.com We are not responsible for any acts or omissions of Superhog or any damages or losses that may arise from your use of Superhog’s services.

• Dockaboat has a standardized cancellation policy for all boats and docks listed through the App that is directed to protect Guests and Hosts. Each party can cancel in accordance with these Terms. The fee owed by the applicable party will be determined as per the fee schedule when the cancellation occurs, and in relation to the Booking dates.
  • • a. Cancellation. Options
      1. 1. Flexible
      To obtain a complete (100%) refund of the daily rate, the Guest must cancel the Booking twenty-four (24) hours before the Listing’s local check-in time (as shown in the confirmation email you will receive once a Booking is made through the App), otherwise the Guest will receive a partial refund. A partial refund (50%) will consist of the total amount paid for the Booking, minus the insurance fee.
      1. 1. Moderate
      To obtain a complete (100%) refund of the daily rate, the Guest must cancel the Booking at least seven (7) full days before the Listing’s local check-in time (as shown in the confirmation email you will receive once a Booking is made through the App). Otherwise, the Guest will receive a partial refund. A partial refund (50%) will consist of the total amount paid for the Booking, minus the insurance fee.
• All cancellations must be confirmed in writing. If Guests are concerned about possible interruption of their travel itinerary or cancellation due to weather conditions, they are strongly encouraged to purchase optional trip insurance.

• 1. 1. 1. Anticipated rescheduling
     Guests will be able to reschedule a Booking for a different date through the App. In the event a Guest chooses to reschedule a Booking, the Guest will not need to pay a fee always that the rescheduling takes place at least five (5) full days before the listing’s local check-in time and the new rental period equals or exceeds the original rental period.
     1. 1. Late rescheduling
     In the event a Guest chooses to reschedule a Booking within the five previous days of the original arrival date, a rescheduling fee equaling the applicable fee for one (1) full rental day will be charged to the Guest’s account. Furthermore, if the rescheduled rental period is less than the original rental period, the difference in the rental period will be considered a cancellation and subject to the cancellation policy described in Section 6 of these Terms. If a cancellation is made after the original rental period was rescheduled the cancellation policy described in Section 6 of these Terms shall apply, and the check-in date used to calculate the applicable cancellation regime shall be the one of the original rental period.
     1. 1. Extenuating Circumstances
     Either party can request a cancellation by sending an email to support@dockaboat.app, providing documentation to support such cancellation request. If a cancellation is made outside the time frames stated in our cancellation policy, Dockaboat will, at its sole discretion, consider to accept a cancellation without charging the applicable cancellation fee, provided always that certain extenuating circumstances are shown. For the following extenuating circumstances, the Guest will receive a one hundred percent (100%) refund of the fees paid for a Booking. In such a case, the Host will not receive the payment for such Booking. Some examples of acceptable extenuating circumstances may be: – A booking is within 100 miles of a named or numbered storm. – Death of a Guest’s immediate family member. – Natural disasters preventing or disrupting travel or causing travel restrictions. – Political unrest in the geographical region where the Host’s doc is located. – Minimum Quality Standards of Guests’ vessel or Host’s docking structure are not met.

• If you are a Host, you are responsible for ensuring that the Docks you list on the App meet minimum quality standards regarding access, adequacy of the description on the Services, safety, cleanliness, and do not present a Guest with docking issues.
  1. 1. 1. Upholding Bookings
     Hosts who commit to Bookings are expected to uphold those Bookings to the best of their abilities, to help ensure that Guests can begin travel planning with confidence. Hosts cancellations greatly inconvenience Guests, and the closer a cancellation occurs to the check-in date, the greater an implication it has on Guests’ ability to travel. Hosts should not cancel accepted Bookings, absent extenuating circumstances, absent a clear indication that a Guest may violate an enforceable law, regulation, or any of these conditions in these Terms. If a cancellation is unavoidable, Hosts should do their best to cancel with as much lead time as possible and contact Dockaboat at support@dockaboat.app if they need assistance. Dock Hosts should ensure their guests have the information needed to access a listing at check-in (ex: provide correct directions, update keycode, parking information, directions to dock)
     1. 1. Docking Space Cleanliness and Safety Conditions
     Providing unclean spaces is not only detrimental to Guests’ experiences; it could also pose health risks to Guests and their travel companions. In the interest of Guest safety, satisfaction, and comfort, We require that all Hosts provide listings that meet a minimum standard of cleanliness and will support Guests who have checked into docking spaces that fall below that standard. The docking space should be free of health hazards (ex: mold, pests, or vermin). Hosts should provide listings that meet a high standard of cleanliness (ex: free of mildew, bird excrement, extensive dust, or pet dander, etc.). Hosts should be sure to clean between every stay (take out trash, sweep, wipe down surfaces, proper dock maintenance etc.)
     1. 1. Accuracy of listed features and amenities
     Dock Hosts have full autonomy over their Listings’ categorizations and features, and over the amenities they would like to offer to Guests. We require that all Listing categorizations, features, and amenities detailed on the listing page at the time of booking accurately reflect the categorizations, features, and amenities present at the listing from check-in to checkout. Hosts should only change the parameters of an accepted booking with the Guest’s consent. The location information provided for the listing should be accurate, and the type of dock/mooring, the setup of the listing, or the level of privacy, should accurately reflect the physical space. Also, the Host should accurately represent the available amenities and features offered in their listing.
     1. 1. Host communication. Reporting obligations
     Hosts must provide up-to-date contact information and make themselves or a third party who can represent them available to respond to Guest inquiries or unexpected issues that may arise during stays. Hosts should be responsive and willing to answer questions and help resolve Host standards violations at a Listing and be willing to make resolution efforts or abide by remediation requirements from Us for Host standards violations. To report a violation of these Terms please reach out to support@dockaboat.app We will review each reported violation from Hosts and determine whether a violation has occurred. Depending on the severity of the violation, We may refund a Guest from a Host’s payout and/or suspend a Listing until the Host performs remedial actions. A reported violation of any of these standards is considered alongside past violations, which informs the enforcement decisions made by Us. Reports are reviewed on both the severity and frequency of violations. Based on our review, and at our sole discretion, a Host may face removal of payouts, Listing suspension, and potentially permanent removal of their Listings or accounts.

• 1. 1. Guests should respect the check-in date and time. Any check-in before or after the designated window should be approved by the Host.
     2. Guests should respect the approved number of guests and should inquire with their Host if they’re unsure about the rules for visitors.
     3. Except for assistance animals, Guests should not bring any pets inside a Listing that was designated as “no pets” in the dock rules, bring more pets than are authorized into a space, or fail to disclose any pets brought along to the Host.
     4. Guests should not smoke inside a Listing unless they are otherwise authorized to by the Host. This includes the use of tobacco, cannabis, e-cigarettes, etc.
     5. Guests should not tamper with or remove an approved and appropriately disclosed security or monitoring device from the dock property.
     6. Guests should not leave the Listing in a state that requires excessive or deep cleaning. Cleaning fees may be applied if it is proven the dock is left in a state of disarray.
     7. Guests should complete checkout by the designated checkout time indicated on the Booking and should not leave belongings at the Listing past the designated checkout time for storage or later pickup without authorization from the Host.
     8. Guests should return any keys to the Host by the official checkout time.
  Some Hosts may offer dock space located in communities where other rules apply. Guests should also abide by those Rules. Guests should respect all designated quiet hours and keep disruptive noise to a minimum. Also, Guests should be mindful of designated parking locations and hours, and the number of cars that a Host allows at their Listing and should put their trash and debris in designated trash receptacles and be mindful of excessive amounts of trash that exceed the neighborhood or community norm.

• • (a) download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation
  • (b) access and use on such Mobile Device features and Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to such features and Services as set forth in Section

• • (a) copy the Application, except as expressly permitted by this license;
  • (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
  • (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
  • (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
  • (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
  • (f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
  • (g) use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy privacy@dockaboat.app. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

The Application may provide you with access to the Company’s products and services, and certain features, functionality, and content accessible on or through the Application (collectively, “Features and Services”). Your access to and use of such Features and Services are governed by these Terms of Use and Privacy Policy located at privacy@dockaboat.app, which are incorporated herein by this reference. Your access to and use of such Feature and Services requires you to acknowledge your acceptance of these Terms of Use and Privacy Policy, and your failure to do so will restrict you from accessing or using certain of the Application’s Features and functionalities.

The Features and Services are based in the state of Florida in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Features and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Features and Services from outside the United States, you are responsible for compliance with local laws.

Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

• • • (a) the Application will automatically download and install all available Updates; or
    • (b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

• • (a) The term of Agreement commences when you download and/or install the Application and will continue in effect until terminated by you or Company as set forth in this Section 9.
  • (b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
  • (c) Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the conditions of these Terms of Use.
  • (d) Upon termination:
    1. all rights granted to you under these Terms of Use will also terminate; and
    2. you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
  • (e) Termination will not limit any of Company’s rights or remedies at law or in equity.

THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

• • • (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
    • (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

This Agreement is governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Miami and Miami-Dade County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

These Terms of Use, any policy incorporated by reference, and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms of Use and any applicable terms, these Terms of Use shall govern.