1. Definitions
- "BoatStays", "we", "us" or "our" means BoatStays Ltd, the operator of the platform at boatstays.org.
- "Platform" means the BoatStays website, mobile applications and associated services.
- "Owner" means a registered user who lists one or more boats for hire on the Platform.
- "Guest" means a registered user who searches for and books boats via the Platform.
- "Member" means any registered user of the Platform, whether Owner, Guest, or both.
- "Listing" means the page created by an Owner to describe and offer their boat for hire.
- "Booking" means a confirmed reservation of a listed boat between an Owner and a Guest, facilitated by BoatStays.
- "Hire Contract" means the direct agreement between the Owner and Guest governing the terms of a specific booking.
- "Services" means all features and functionality provided by BoatStays through the Platform.
- "Founder Member" means an Owner who registers and creates their first active Listing during the Founder Period, as defined in Section 7.
2. About BoatStays and the Nature of the Platform
2.1 Marketplace Intermediary
BoatStays is a marketplace platform that connects boat owners with people seeking to hire boats on Britain's inland waterways. We facilitate introductions, bookings, and payments between Owners and Guests. We are not a boat hire company.
The Hire Contract is formed directly between the Owner and Guest. BoatStays is not a party to that contract and accepts no liability arising from it, except as expressly stated in these Terms.
2.2 No Endorsement
The inclusion of a Listing on the Platform does not constitute an endorsement, warranty, or guarantee by BoatStays of the boat, its owner, its condition, or its suitability for any particular purpose. Guests hire boats at their own risk and should conduct appropriate due diligence before booking.
2.3 Rivers Trust Contribution
BoatStays makes a voluntary contribution to The Rivers Trust from a portion of its revenue. This contribution is made at BoatStays' discretion and does not form part of any contractual obligation to Members. The amount, frequency, and continuation of this contribution may change at any time without notice.
3. Eligibility and Account Registration
3.1 Eligibility
- You must be at least 18 years of age to create an account or make a booking.
- You must provide accurate, complete, and current information when registering.
- You must be legally permitted to enter into binding contracts under applicable law.
- Corporate entities may register accounts; the individual completing registration warrants they have authority to bind the entity.
3.2 Account Security
You are responsible for maintaining the security of your account credentials. You must notify us immediately at help@boatstays.org if you suspect unauthorised access to your account. BoatStays accepts no liability for losses arising from unauthorised account access where you have failed to maintain reasonable security.
3.3 One Account per Person
Each individual may hold only one Member account. BoatStays reserves the right to merge or close duplicate accounts.
4. Owner Terms
4.1 Listing Requirements
To list a boat on BoatStays, Owners must ensure and confirm that at the time of each Booking:
- The boat holds a current and valid Boat Safety Scheme (BSS) certificate (or equivalent applicable standard for the relevant waterway authority).
- The boat holds a valid licence issued by the Canal & River Trust, the Environment Agency, or the relevant waterway authority covering the waters on which it will be used.
- The boat is covered by valid third-party liability insurance of a level appropriate for hireable vessels, with a minimum of £1,000,000 public liability cover.
- All information in the Listing, including descriptions, photographs, amenities, and capacity, is accurate and not misleading.
- The boat complies with all applicable laws and regulations for its type and intended use.
4.2 Owner Responsibilities
- Owners are solely responsible for the accuracy and completeness of their Listing.
- Owners must promptly update their calendar to reflect accurate availability and must honour confirmed Bookings.
- Owners must provide Guests with an adequate handover, including boat handling instruction where reasonably required for safe operation.
- Owners are responsible for ensuring their boat is in a safe, clean, and functional condition for each hire.
- Owners are responsible for complying with all applicable laws relating to the hire of their boat, including any tax obligations arising from hire income.
4.3 Owner Verification
BoatStays may request documentary evidence of licence, insurance, and BSS certification. Providing false documentation is grounds for immediate and permanent removal from the Platform and may be reported to the relevant authorities. While BoatStays takes reasonable steps to verify information provided by Owners, we cannot guarantee its accuracy and do not accept liability for losses arising from inaccurate Owner-provided information.
4.4 Pricing and Calendar
Owners set their own nightly rates, security deposit requirements, minimum stay durations, and booking windows. Owners may update pricing at any time for future Bookings; confirmed Bookings may not be repriced unilaterally by the Owner.
4.5 Owner Cancellations
Owner-initiated cancellations are strongly discouraged. Repeated cancellations may result in Listing suspension or removal. In the event of an Owner cancellation, BoatStays will issue a full refund to the Guest. BoatStays may, at its discretion, apply a cancellation fee to the Owner.
5. Guest Terms
5.1 Guest Responsibilities
- Guests must provide accurate personal information and must be the named hirer for any Booking they make.
- Guests must comply with all rules set by the Owner, as stated in the Listing and communicated at handover.
- Guests are responsible for the safe operation of the boat during the hire period and must comply with all applicable waterway regulations, speed limits, and navigation rules.
- Guests must not operate the boat under the influence of alcohol or drugs.
- Guests must return the boat in the same condition in which it was received, reasonable wear and tear excepted.
- Guests must report any damage or incident to the Owner as soon as is practicable.
5.2 Guest Eligibility to Hire
It is the Guest's responsibility to satisfy themselves that they are competent to operate the type of boat they are hiring. BoatStays does not assess Guest competency and accepts no liability for incidents arising from lack of experience or qualification.
5.3 Guest Cancellations
Guest cancellation terms are set by the Owner in the Listing and are displayed clearly before booking. BoatStays will administer refunds in accordance with the Owner's stated cancellation policy.
6. Payments and Fees
6.1 Payment Processing
BoatStays uses a third-party payment processor to handle all transactions. By making or receiving payments through the Platform, you agree to that processor's terms and conditions. BoatStays does not store full payment card details.
6.2 Payment Holding
Guest payments are collected by BoatStays at the time of Booking and held until a period after the commencement of the hire, at which point funds are released to the Owner less BoatStays' commission. This arrangement is designed to protect Guests in the event of Owner cancellation and to facilitate dispute resolution.
BoatStays reserves the right to modify this arrangement at any time to ensure legal compliance, with reasonable notice to Members.
6.3 Commission
BoatStays charges Owners a commission on each completed Booking. The applicable rate is displayed in the Owner's account. BoatStays reserves the right to change commission rates for future Bookings with a minimum of 30 days' written notice, except where Founder Member rates apply (see Section 7).
6.4 Taxes
Owners are solely responsible for accounting for and paying any taxes, including income tax and VAT, arising from hire income received through the Platform. BoatStays does not provide tax advice.
7. Founder Member Programme
7.1 Founder Period
The Founder Period commenced at Platform launch in 2026 and will end at a date determined by BoatStays, communicated with a minimum of 14 days' notice.
7.2 Founder Benefits
Owners who create their first active Listing during the Founder Period and whose account remains in good standing will receive:
- A reduced commission rate, as stated at the time of registration, locked for the duration of their active participation on the Platform ("Founder Rate").
- Free listing with no setup fee.
7.3 Founder Rate Conditions
The Founder Rate applies only while the Owner maintains at least one active Listing in good standing, their account has not been suspended or closed for any reason, and they continue to comply fully with these Terms. BoatStays reserves the right to withdraw Founder Rate status for breach of these Terms or inactivity for 12 consecutive months.
7.4 No Guarantee of Earnings
Founder Member status confers no guarantee of bookings, income, or revenue of any amount.
8. Platform Availability and Discontinuation
8.1 Service Availability
BoatStays provides the Platform on an "as is" and "as available" basis. We do not guarantee uninterrupted access and accept no liability for losses arising from temporary unavailability or planned maintenance.
8.2 Platform Discontinuation
BoatStays reserves the right to suspend, modify, or permanently discontinue the Platform at any time. In the event of permanent discontinuation:
- BoatStays will provide a minimum of 30 days' written notice to all registered Members where reasonably practicable.
- All future confirmed Bookings will be cancelled and Guests will receive a full refund of any amounts held.
- Any outstanding payments due to Owners for completed Bookings will be processed before the Platform closes.
- No further commission will be collected after the discontinuation date.
Members expressly acknowledge and agree that BoatStays shall have no liability to Owners or Guests for loss of future bookings, anticipated income, business opportunity, or any other loss arising from the discontinuation of the Platform, whether temporary or permanent. Owners shall have no right to bring any claim against BoatStays solely on the grounds that the Platform has been discontinued, provided BoatStays has complied with the notice obligations in this Section where reasonably practicable.
8.3 Changes to the Platform
BoatStays may modify features, pricing structures, or the scope of Services at any time, with reasonable notice of material changes.
9. Limitation of Liability
9.1 BoatStays as Intermediary
BoatStays is a marketplace intermediary. We expressly exclude all liability for:
- The condition, seaworthiness, or safety of any boat listed on the Platform.
- The accuracy of any information provided by Owners in their Listings.
- The conduct, acts, or omissions of Owners or Guests during the hire period.
- Any loss, damage, injury, or death arising from a Booking or hire, except where caused by BoatStays' own negligence.
- Loss or damage to personal property during a hire.
- Disputes between Owners and Guests.
9.2 Limitation of Financial Liability
To the fullest extent permitted by applicable law, BoatStays' total aggregate liability to any Member shall not exceed the greater of: (a) the total fees paid to BoatStays by that Member in the 12 months preceding the claim; or (b) £500.
9.3 Exclusions
Nothing in these Terms limits BoatStays' liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot lawfully be excluded under applicable law.
9.4 Consumer Rights
Nothing in these Terms affects any statutory rights you may have as a consumer under applicable UK law, including the Consumer Rights Act 2015.
10. Disputes Between Members
10.1 Resolution Process
BoatStays provides a dispute resolution process for disagreements between Owners and Guests arising from a Booking, details of which are available at boatstays.org/help. BoatStays will endeavour to facilitate resolution but is not obliged to act as arbitrator and its decisions in disputes are made as a courtesy, not as a binding legal determination.
10.2 BoatStays Decisions
Any decision made by BoatStays in a dispute is made in good faith and at our sole discretion. It does not affect either party's right to pursue the matter through legal channels.
11. Intellectual Property
All intellectual property rights in the Platform are owned by or licensed to BoatStays Ltd. Owners grant BoatStays a non-exclusive, royalty-free licence to use, display, and reproduce Listing content (including photographs) for the purpose of operating and promoting the Platform. This licence continues for a reasonable period after a Listing is removed, to the extent necessary to remove that content from search engines and third-party caches.
12. Suspension and Termination
12.1 Termination by Members
Members may close their account at any time by contacting help@boatstays.org. Closure of an account does not cancel confirmed Bookings already in place; those Bookings will continue under these Terms until completed.
12.2 Termination by BoatStays
BoatStays reserves the right to suspend or permanently close any Member account or Listing at any time where we have reasonable grounds to believe that:
- The Member has breached these Terms of Service.
- The Member has provided false, misleading, or fraudulent information.
- The Member's conduct poses a safety risk to other Members or third parties.
- The Member has engaged in behaviour that damages the reputation or integrity of the Platform.
Where reasonably practicable, BoatStays will provide an explanation and opportunity to respond before a final decision is made.
13. Privacy and Data Protection
BoatStays processes personal data in accordance with its Privacy Policy. By using the Platform, you consent to the collection and processing of your personal data as described in that policy.
BoatStays complies with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. To exercise your data rights, contact privacy@boatstays.org.
14. General Provisions
14.1 Governing Law
These Terms of Service are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14.2 Entire Agreement
These Terms, together with the Privacy Policy and any supplementary terms referenced herein, constitute the entire agreement between BoatStays and the Member with respect to use of the Platform.
14.3 Severability
If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary and the remaining provisions will continue in full force.
14.4 Waiver
Failure by BoatStays to enforce any provision of these Terms on any occasion does not constitute a waiver of that provision or of any future breach.
14.5 Changes to These Terms
BoatStays may update these Terms from time to time. We will notify Members of material changes by email and by posting a notice on the Platform. The current version will always be available at boatstays.org/terms.
14.6 Contact
If you have any questions about these Terms of Service, please contact us at help@boatstays.org.