TERMS & CONDITIONS
Last updated: March 22, 2022
Your Relationship with Shofeur
SHOFEUR IS A VENUE AND IS NOT A PARTY TO ANY RENTAL AGREEMENT OR OTHER TRANSACTION BETWEEN USERS OF THE SERVICES.
Shofeur is Only a Venue.Shofeur acts as a venue for users of the Services as renters ("Renters") and operators (herein referred to as "Members" or “Operators”) (Members and Renters, each a "User" and together, "Users") to view and post available vehicles to facilitate the rental of such vehicles. Shofeur is not a party to any actual agreement or transaction between Renters and Members even though we may from time to time provide tools that relate to a booking, such as a tool to enable a Renter to enter into a transaction to rent a specific vehicle directly from a Member and payment services to facilitate the booking. As a result, Shofeur has no control over the accuracy or correctness of the content or information provided or used by such Renters and Members. Any part of an actual or potential transaction between a Renter and a Member, including the condition, quality, safety or legality of the vehicles advertised, the truth or accuracy of the listings (including the content thereof or any review related thereto), the ability of Members to rent a vehicle to a Renter, or the ability of Renters to pay for vehicle rentals are solely the responsibility of each User. Member acknowledges and agrees that Member is solely responsible for the compliance and safety of the Renter(s) who rent a Member's vehicle(s). You acknowledge and agree to take all reasonable precautions in ensuring the accuracy and reliability of any User generated content. We are also not responsible for the condition of any vehicle listed on the Services or the compliance with laws, rules or regulations that may be applicable to vehicle operation, maintenance, rental or charter in any jurisdiction. As between Shofeur and Members, Member acknowledges and agrees that Member is solely responsible for ensuring compliance with laws, rules or regulations that may be applicable to vehicle operation, maintenance, rental or charter in the jurisdiction in which Member operates or is otherwise located. Renters should satisfy themselves that any vehicle rented complies with any legal or safety requirements for such rental, and Renters and Members have exclusive responsibility for such compliance. Without limiting the foregoing, Members and Renters are solely responsible for their own compliance with any legal and/or safety requirements in place in your applicable jurisdiction in light of applicable health and/or travel advisories. Members are responsible for determining if renting a vehicle is permissible and, if so, for providing their vehicle in sanitary condition for Renters and with appropriate sanitation supplies for Renters to clean the vehicle after use. Renters are responsible for returning any rented vehicle in sanitary condition using the sanitation supplies provided by the Member.
Users acknowledge and agree that you will be required to enter into a separate agreement and/or waiver, directly between the Renter and Member, prior to making a booking or purchasing a product or service and such agreement and/or waiver may place additional restrictions on your booking, product, or service. Any separate agreements and/or waivers relating to the rental of a vehicle or related products or services are under the sole control of any Member or provider and Renter.
Release and Indemnity.
IN THE EVENT OF A DISPUTE BETWEEN A RENTER AND A MEMBER, MEMBER AND RENTER, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS SHOFEUR AND ITS DIRECTORS, OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY, THE “SHOFEUR PARTIES”) FROM ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), FINES, PENALTIES AND OTHER COSTS OR EXPENSES, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, THE “CLAIMS”), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OVER BREACH OF THIS AGREEMENT, BREACH OF ANY SEPARATE AGREEMENT OR TRANSACTION, AND/OR THE SUBSTITUTION OF RENTAL UNITS. FURTHER, MEMBER AND RENTER EACH HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE SHOFEUR PARTIES FROM ANY CLAIMS BROUGHT AS A RESULT OF MEMBER AND/OR RENTER'S (1) BREACH OF THE TERMS, (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND (3) USE OF THE SERVICES.
Shofeur is not a party to any contract for insurance facilitated through any link to a third party insurance provider advertising on the Services, and is not acting on behalf of any insurer, any broker or agent, any insured or any claimant in any contract for insurance facilitated through such link. Insurance coverage may be provided through a third-party independent insurance producer not affiliated with Shofeur. Shofeur does not act as a broker, agent or consultant in the sale of insurance, is not endorsing or recommending any particular insurer or terms of coverage, and is merely providing a link for you, if you wish, to transact a contract for insurance with a third-party provider. Any contract for insurance is solely between you, as the insured, and such insurer as you and the third-party insurance provider agree shall act as the insurer. Shofeur has no control over and makes no representations regarding the coverage of any insurance you may purchase from a third-party insurance provider. You acknowledge and agree that Shofeur assumes no responsibility or liability for any claims or disputes arising from, or related to, a contract for insurance facilitated through such link. You also acknowledge and agree that Shofeur shall not be included as a party to any such claims or disputes.
Your Use of Services
Conditions of Use. As a condition of your use of the Services, you expressly represent and warrant that (i) you possess the legal authority to create a binding legal obligation; (ii) you will use the Services in accordance with the Terms; (iii) you will only use the Services to post or view, as applicable, available vehicle rentals or transact legitimate vehicle rentals for you or for another person for whom you are legally authorized to act with other Users; (iv) you will inform such other persons about the terms and conditions that apply to the vehicle rental you have made on their behalf, including all laws, regulations, rules and restrictions applicable thereto; (v) if you are booking a rental on behalf of another person, you are individually responsible for ensuring that such other person is a party to the separate agreement for the rental of the vehicle; (vi) all information supplied by you to Shofeur is true, accurate, current and complete, (vii) if you have a Shofeur account, you will safeguard your account information, (viii) you are and will remain in compliance with all applicable laws, rules and regulations related to vehicle operation, maintenance, rental or charter, and (ix) if you are listing a vehicle for rental, you are either (a) the owner of the vehicle, or (b) a representative authorized to act on behalf of the owner of the vehicle. You may not authorize others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services. Without limiting the foregoing, the Services are not available to children (persons under the age of 18). By using the Services, you represent and warrant that you are at least 18 years old. Shofeur retains the right at its sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of the Terms.
You agree that you will only use the Services for lawful purposes.
Please keep in mind that we will treat anyone who uses your user name and password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of the person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the Services. We also ask that you notify us immediately if you suspect that someone is using your user name and/or password or otherwise obtaining access to the Services in this or any other inappropriate manner.
Establishing Payment Account. As a Renter, you are responsible for opening an account, providing payment authorizations for bookings and paying for Services according to these Terms, as well as others which may be included at the time of booking. You agree to provide all requested information, including a credit card to be used for pre-authorization/reserve and payment/capture for Services. Payment for a booking will be made by Shofeur directly to the Member who posted the listing.
Deposits. Renters are responsible for leaving the rented vehicle in the same condition it was in before you rented it. Renters acknowledge and agree that you are responsible for all acts and omissions of you and your guests on the vehicle that affect the condition of the vehicle. In the event a Member claims and provides evidence of damage to the boat, you agree that Shofeur shall be entitled to charge a deposit to your credit card to cover the cost of the damage, as established after reasonable investigation. We will notify you of any damage claim made by a Member related to your rental and you will have an opportunity to respond, as set forth in such notice. We will only charge a deposit to Renter's credit card after the rental is complete if the Member has made a claim and the deposit amount has been deemed appropriate after investigation of the claim.
Service Charge. We charge a service fee of 10% of the total rental (i.e., the booking and any additional expenses such as taxes we are required to collect) for facilitating the rental and this amount will be reflected in the final amount charged to Renter's credit card. We reserve the right to round up amounts to the nearest whole dollar (for example, $202.60 will be rounded to $203). We will process any necessary currency conversion (Shofeur charges in US dollars unless otherwise specified) based upon Renter's currency on the day the credit card is charged and we will charge a conversion fee of 3% of the total rental for currency conversions. We reserve the right to adjust the conversion rate based upon when the payout is made to the Member. The service fee and any conversion fee constitute "Transaction Fees." Shofeur reserves the right to adjust its Transaction Fees at any time. Any Fee changes will be effective the next time you book a rental after such fee change goes into effect (i.e., rentals already booked will be subject to Fees as established at the time of booking).
Payments to Members. Payment to Members for accepted bookings will be made upon the completion of the reservation. Notwithstanding, in limited circumstances, on a case-by-case basis, in its sole discretion, Shofeur may elect to pay a Member a portion of the accepted booking after the reservation is made and the remaining portion of the accepted booking net 30 days from the date of the completed (fully paid) reservation. If, after Member has been paid any portion of the accepted booking by Shofeur, an accepted booking is cancelled or terminated for any reason by either Member or Renter before the reservation is completed, Member shall return to Shofeur all sums advanced by Shofeur for such reservation immediately (within five (3) days) upon receiving written demand for same. Member further agrees that Shofeur is not liable for any damages Member may incur as a result of such cancellation and/or having to return such funds. If Member fails to timely refund said sums, Shofeur shall also be entitled to interest on said sums at the rate of 18% per annum, or the highest rate allowed by law, whichever is lower, and all of Shofeur's attorneys' fees and costs of court. If a Member does not respond to a booking inquiry, Shofeur reserves the right to transfer the booking and associated payment to another Member on Renter's behalf. Shofeur reserves the right to hold payment to Members if Shofeur suspects there has been fraud or other suspicious activity in connection with the rental or payment. Unacceptable payment methods that may be posted on the Services may result in the immediate removal of the non-conforming listing from the Services without notice to the Member and without refund. Unacceptable payment methods are those methods that may pose a risk of fraud, identify theft, or breach of privacy.
Substitution of Rental Units. Renter understands and acknowledges that vehicles reserved may, from time to time, be subsequently damaged or otherwise become in need of repair before the reservation is commenced. If a Member is unable to provide the reserved unit to Renter due to it being unavailable, Member may provide Renter with a substitute unit that is similar in age, size, model, and value as the reserved vehicle. Member shall provide Renter with notice of the need for a substitution of unit(s) as soon as reasonably possible, as well as provide Renter with pictures and a description of the substitute unit upon request. If Member is unable to provide Renter with a similar substitute unit (as described herein), Renter may elect to cancel the reservation any time before it is commenced and, as its sole remedy, obtain a refund in accordance with the Refund Policy as if the Member had cancelled the reservation. Renter shall not be entitled to any refund, and shall be obligated to pay all sums owed, if Member offers Renter a similar unit (as described herein) and Renter nevertheless refuses to complete and/or terminates the reservation. If there is a dispute between Renter and Member as to whether the substitute unit offered by Member is sufficiently similar to the unit reserved by Renter, Shofeur shall make the final determination, in its sole discretion, and Renter and Member agree to abide by Shofeur's determination.
ANY DIRECT OR INDIRECT EXCHANGE OF MONEY BETWEEN RENTERS AND MEMBERS OTHER THAN PAYMENT THROUGH SHOFEUR IS A VIOLATION OF THESE TERMS.
Taxes. The rental/booking fee and any additional expenses may be subject to applicable local, federal and state taxes. Commencing with bookings made on and after date set forth after "Effective" set forth on the first page above, Shofeur will in some locations, as Shofeur phases in its tax collection and reporting system, charge and collect from the Renter all applicable taxes Shofeur is required to collect and which are imposed by a governmental authority on the rental amount and other charges that are included in the base on which such taxes are imposed and that payable by the Renter through the Services. In some jurisdictions, Shofeur may not begin collecting on the Effective date shown above or in others may not be required to collect taxes, and as provided below it is the Member's responsibility to collect and remit any such taxes imposed on the rental amount that Shofeur does not charge and collect. To the extent charged and collected from the Renter by Shofeur, the Member should not charge and collect the same amount of such taxes from the Renter. Shofeur will make the determination of the applicable amount to be charged based on the zip code of the Member on file with Shofeur unless and until the Member advises Shofeur in writing of a change the location of where the vehicle will be delivered to a Renter. If the change in location results in an increase in the amount of applicable taxes that should have been charged to and collected from the Renter, the Renter's credit card will be charged for such excess.
Except to the extent provided herein or in the Member Interface Agreement, the Member accepting the booking is solely responsible for the collection, reporting, and payment of applicable taxes where those taxes are not being collected and remitted by Shofeur. Shofeur will charge applicable taxes to Renter's credit card at the time of booking and later in the event circumstances require a change. To the extent not charged and collected by Shofeur, Members are responsible for determining applicable taxes and should consult with your own legal/tax adviser about any tax questions in this regard. For Members based in the European Union, it is your responsibility to include VAT in the price of the booking and you will be responsible for reporting VAT.
Cancellation and Refund Policy. If Member cancels an accepted rental before the rental is commenced, Renter shall be refunded all sums paid to Shofeur for the rental, other than the Transaction Fee and any taxes Shofeur remitted to a taxing authority prior to the cancellation.
If Renter cancels an accepted rental before the rental is commenced, Shofeur shall return to Renter a “Cancellation Refund,” as specified in the vehicles listing. The Transaction Fee and any applicable taxes collected by Shofeur and remitted to the taxing authority or authorities before the cancellation will not be refunded to the Renter. The amount of the Cancellation Refund is determined by the Member's cancellation policy set forth in the vehicles listing.