TERMS AND CONDITIONS
Effective Date: February 12, 2025
1. Acceptance of Terms
Welcome to RentalTide (“Company,” “we,” “us,” or “our”). By accessing or using our website and related platforms, including any content, functionality, and services offered on or through rentaltide.com or app.rentaltide.com (collectively, the “Platform”), you agree to be bound by these Terms and Conditions (the “Terms”). If you do not agree with any part of these Terms, you must not access or use the Platform.
These Terms apply to all visitors, users, and others who access or use the Platform (“User” or “you”). If you are using the Platform on behalf of an organization, you are agreeing to these Terms for that organization and confirming that you have the authority to bind that organization to these Terms.
2. Eligibility
- Age Requirement: You must be at least the age of majority in your province or territory of residence (which is typically 18 or 19 in Canada) to use the Platform. By using the Platform, you represent and warrant that you meet the age requirement and have full authority to enter into these Terms.
- Compliance with Laws: You agree to comply with all applicable federal, provincial, and municipal laws and regulations when using the Platform, including maritime and boating laws under Transport Canada and any other relevant authorities.
3. Description of Services
- Boat Rental Services: RentalTide provides an online platform that connects boat owners (“Owners”) with individuals or entities seeking to rent boats (“Renters”). The Platform allows Owners to list their boats for rent, and Renters to browse, book, and pay for boat rentals.
- Marina Management Services: RentalTide may also provide tools for marina operators (“Operators”) to manage slip rentals, scheduling, and other marina-related services.
- Platform Only: RentalTide is not an owner or operator of boats, nor are we a broker, agent, insurer, or licensor of boats. Our responsibilities are limited to:
- Facilitating the availability of the Platform.
- Serving as a limited payment collection agent for Owners/Operators to collect payments from Renters/Users on their behalf.
- No Guarantee: While we strive to ensure that Owners and Operators provide accurate information and maintain quality standards, RentalTide does not guarantee the suitability, safety, insurance coverage, or legality of any boats listed, nor the services offered by marina Operators.
4. User Accounts
- Account Creation: To access certain features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep it updated.
- Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately at support@rentaltide.com.
- Termination or Suspension: We may suspend or terminate your account at our sole discretion if you violate these Terms or engage in any fraudulent or illegal activity.
5. Boat Rentals
- Boat Listings: Owners are solely responsible for creating and maintaining accurate listings, including boat descriptions, availability, pricing, and any associated fees. RentalTide does not warrant or confirm the accuracy of any listing.
- Booking and Payment: When a Renter requests to book a boat, the Owner must either confirm or reject the booking. Once confirmed, the Renter is obligated to pay the rental price, any applicable taxes, and fees as set out in the listing. Payment is processed through the Platform, and RentalTide may charge a service fee.
- Cancellation and Refunds: Cancellation policies are determined by the Owner and displayed in the boat listing. RentalTide may facilitate refunds or partial refunds as per the Owner’s stated cancellation policy. Any disputes regarding refunds are between the Owner and the Renter; however, RentalTide reserves the right to intervene at our discretion.
- Renter Responsibilities: Renters are responsible for adhering to all safety rules, boating regulations, and instructions provided by the Owner or by applicable regulatory bodies. This includes possessing any required boating licenses or certifications.
- Owner Responsibilities: Owners must ensure that their boats are safe, well-maintained, properly insured, and comply with all legal requirements. Owners must disclose any known defects or issues that may affect the safe operation of the boat.
6. Marina Management Services
- Marina Listings: Operators can list information regarding slip availability, pricing, and any additional marina services. Operators are solely responsible for the accuracy of these listings.
- Slip Rental Agreements: Any agreement for renting a slip or using marina services is solely between the Operator and the User. RentalTide’s role is limited to facilitating the booking and payment process on behalf of the Operator.
- Fees and Payment: RentalTide may collect payments, including slip rental fees and other charges, on behalf of the Operator. Users agree to pay all such fees in a timely manner. RentalTide may charge a service fee for these transactions.
- Disputes: Any disputes regarding services provided at the marina, including refunds, scheduling conflicts, or property damage, must be addressed directly between the Operator and the User.
7. Fees and Taxes
- Service Fees: RentalTide may charge a service fee to Owners and Operators for the use of the Platform. The applicable fee will be disclosed at the time of listing or otherwise prior to the transaction.
- Taxes: Owners, Operators, and Renters are responsible for determining and fulfilling their own tax obligations. RentalTide does not provide tax advice and encourages all parties to consult a tax professional.
8. User Conduct
You agree not to:
- Use the Platform in a manner that violates any local, provincial, federal, or international laws or regulations.
- Post, upload, or transmit any material that is harmful, harassing, defamatory, obscene, or otherwise objectionable.
- Misrepresent your identity, provide false information, or impersonate another person or entity.
- Interfere with or disrupt the operation of the Platform or any associated servers or networks.
- Engage in any fraudulent or deceptive practices, including providing false credit card or payment information.
9. Intellectual Property
- Ownership: RentalTide and/or its licensors own all rights, title, and interest in the Platform, including all intellectual property rights (such as trademarks, service marks, logos, and copyrights).
- License to Use: We grant you a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purposes. You shall not copy, modify, distribute, or create derivative works of any part of the Platform without our prior written consent.
- User Content: By submitting any content (e.g., boat or marina listings, reviews, images, descriptions) to the Platform, you grant RentalTide a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, modify, display, distribute, and perform such content in connection with the Platform.
10. Disclaimers
- Platform “As Is”: The Platform is provided on an “as is” and “as available” basis. RentalTide does not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components.
- No Endorsement: RentalTide does not endorse any Users, Owners, Operators, or boats. Any references to a User or listing being “verified” (or similar language) indicates only that a certain verification process has been completed and does not constitute an endorsement, certification, or guarantee by RentalTide.
- No Liability for Acts of Third Parties: RentalTide is not liable for the conduct of Owners, Renters, Operators, or any other User on or off the Platform. You acknowledge that any legal remedy you seek for actions or omissions of other Users must be pursued directly against those Users and not against RentalTide.
11. Limitation of Liability
To the fullest extent permitted by law, RentalTide, including its directors, officers, employees, and agents, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill, or other intangible losses, resulting from:
- Your access to or use of (or inability to access or use) the Platform;
- Any conduct or content of any third party on the Platform;
- Any content obtained from the Platform;
- Unauthorized access, use, or alteration of your transmissions or content.
In no event shall RentalTide’s aggregate liability for all claims relating to the Platform exceed the total amounts paid by you to RentalTide in the twelve (12) months preceding the event giving rise to the claim.
12. Indemnification
You agree to defend, indemnify, and hold harmless RentalTide and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use or misuse of the Platform;
- Your breach of these Terms;
- Your violation of any rights of another, including intellectual property or privacy rights;
- Your interaction with any other User, Owner, or Operator.
13. Privacy
Your use of the Platform is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please read our Privacy Policy carefully to understand how we collect, use, and disclose your personal information.
14. Termination
- Termination by You: You may stop using the Platform at any time and may request to delete your account by contacting support@rentaltide.com.
- Termination by Us: We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including breach of these Terms.
- Effects of Termination: Upon termination, your right to use the Platform will immediately cease. The following provisions will survive termination: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and any other provision that by its nature is intended to survive.
15. Governing Law and Dispute Resolution
- Governing Law: These Terms and any dispute arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
- Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be settled by the courts of the Province of Ontario, located in Ottawa, Ontario, unless otherwise required by applicable consumer protection legislation.
16. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If we make material changes, we will provide you with notice (e.g., by email to the address associated with your account or through a prominent notice on the Platform). Your continued use of the Platform after such modifications become effective constitutes your acceptance of the updated Terms.
17. General Provisions
- Entire Agreement: These Terms, together with any other legal documents referenced herein, constitute the entire agreement between you and RentalTide regarding the Platform and supersede any prior agreements.
- Waiver and Severability: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.
- Assignment: You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms without restriction.
- Headings: Headings in these Terms are for convenience only and do not affect the interpretation of any provision.
- Language: The parties have expressly requested and required that these Terms and all related documents be drawn up in the English language. Les parties ont expressément exigé que ces termes et conditions et tous les documents connexes soient rédigés en anglais.
18. Aquacover and Aquatow
- Aquacover (Damage Coverage)
- Coverage Limit: Up to $5,000 in damage coverage.
- Deductible: 10% of the claim amount.
- Scope of Coverage:
- Covers direct physical damage to the rented boat occurring during the rental period, subject to compliance with these Terms and any additional requirements specified by RentalTide.
- Excludes normal wear and tear, pre-existing damage, intentional damage, personal property loss, and any damage resulting from illegal or negligent activities.
- Claims Process:
- Users must report any incident or damage to both the Owner and RentalTide as soon as possible (generally within 2 hours of the incident) and provide all requested documentation.
- RentalTide may require photographic evidence, statements from the Owner and Renter, and any applicable police or authority reports.
- RentalTide or its authorized agent will evaluate claims and determine eligibility and payout, in its sole discretion.
- Limitations and Disclaimers:
- Aquacover is not a substitute for a comprehensive boat insurance policy and does not cover third-party liability, personal injury, or property damage beyond the boat itself.
- Coverage is void if the Renter or Owner is found to have violated any applicable law, regulation, or these Terms.
- Any repair or replacement costs exceeding $5,000 remain the User’s (Owner’s or Renter’s) responsibility.
- Aquatow (Towing Coverage)
- Coverage Limit: Up to $500 for towing-related expenses.
- Deductible: 10% of the towing invoice or claim amount.
- Scope of Coverage:
- Covers reasonable on-water towing expenses resulting from a mechanical breakdown or other disablement during the rental period.
- Excludes any towing required due to legal violations, gross negligence, or pre-existing mechanical issues known to the Owner or Renter.
- Claims Process:
- Users must notify RentalTide as soon as possible in the event towing is required and provide relevant documentation (e.g., tow company invoice, photos, statements).
- RentalTide or its authorized agent will determine claim eligibility and payout.
- Limitations and Disclaimers:
- Aquatow is not a replacement for full towing or roadside assistance insurance.
- Coverage may not apply if the Renter or Owner fails to follow local boating regulations or is otherwise in breach of these Terms.
- Any costs exceeding $500 remain the User’s (Owner’s or Renter’s) responsibility.
- General Provisions for Aquacover and Aquatow
- No Guarantee: RentalTide makes no guarantee regarding the acceptance or processing time of any claim.
- Non-Transferability: Coverage applies only to the specific rental transaction in which it was purchased or included; it cannot be transferred to other rentals or parties.
- Compliance Requirement: Users must remain in full compliance with these Terms and all applicable laws to qualify for coverage.
- No Waiver of Liability: The availability of Aquacover or Aquatow does not waive or limit RentalTide’s rights under these Terms, nor does it shift full responsibility for damages or towing costs beyond the stated coverage limits.
19. Contact Us
If you have any questions about these Terms, Aquacover, Aquatow, or the Platform in general, please contact us at:
- Email: support@rentaltide.com
- Address: RentalTide, 110 Didsbury Road, Ottawa, Ontario, Canada