Terms of Use

1. Purpose

These Terms of Use (ToU) govern access to and use of the CapYacht platform, accessible at capyacht.fr, published by CapWind Group.

2. Acceptance of the ToU

Registration and use of the platform imply full acceptance of these ToU. In case of disagreement, the user must refrain from using the service.

3. Service description

CapYacht is a SaaS platform allowing boat rental owners to create a direct booking mini-site, synchronized with their Click&Boat/SamBoat calendars, and optimized for search engines.

4. Registration

Access to the platform requires creating an account with a valid email address. The user guarantees the accuracy of the information provided and undertakes to keep it up to date.

5. User obligations

The user undertakes to:

• Not use the service for illegal or fraudulent purposes
• Not publish content contrary to law or public morals
• Respect intellectual property rights
• Maintain the confidentiality of their credentials
• Publish only listings corresponding to real properties of which they are the owner or authorized manager
• Guarantee the accuracy, truthfulness and updating of published information (description, photos, rates, availability)
• Not publish fake listings, misleading listings or fraudulent content
• Not impersonate a third party or create a fake profile

6. Responsibility for published content

The user is solely responsible for the content they publish on the platform (listings, descriptions, photos, rates, contact information). CapYacht acts as a host within the meaning of Article 6-I-2 of the Law for Confidence in the Digital Economy (LCEN) of June 21, 2004.

As such, CapYacht does not exercise any systematic prior control over published content and cannot be held responsible for information, listings or content published by users, nor for transactions carried out between users and travelers.

The user guarantees that they have all necessary rights to the published content and that it does not infringe the rights of third parties.

7. Moderation and validation of listings

CapYacht reserves the right to:

• Submit any listing to prior validation before publication
• Refuse, suspend or delete any listing that does not comply with these ToU, without notice or compensation
• Suspend or delete any user account in case of proven or suspected fraud, fake listing, scam, or abusive behavior
• Report to competent authorities any manifestly illegal content brought to its attention

Validation of a listing by CapYacht does not constitute in any way a guarantee as to the truthfulness, quality or legality of the property offered.

8. Reporting

Any user or third party can report a suspicious or fraudulent listing by contacting contact@capyacht.com. CapYacht undertakes to process any report as soon as possible and to take appropriate measures in accordance with the law.

9. Limitation of liability

CapYacht is a technical tool for creating direct booking sites. The platform does not intervene in contractual relationships between owners and travelers.

Consequently, CapYacht cannot be held responsible for:

• The content of listings published by users
• The truthfulness or accuracy of published information
• Disputes between owners and travelers (cancellations, non-compliance, damages)
• Financial losses resulting from fake listings or scams committed by users
• Indirect damages, loss of revenue, or moral prejudice
• Temporary service interruptions or data loss related to force majeure

CapYacht's total liability is, in all circumstances, limited to the amount of the subscription actually paid by the user during the last 12 months.

10. Indemnification

The user undertakes to indemnify and hold harmless CapWind Group, its directors, employees and partners, from any claim, legal action, damage, loss or expense (including attorney fees) resulting from:

• The publication of fraudulent, misleading or illegal content
• Violation of these ToU
• Violation of third party rights
• Any fraudulent activity conducted through their account

11. Intellectual property

All elements of the platform (design, code, brand, content) are the exclusive property of CapWind Group. Any unauthorized reproduction is prohibited.

12. Personal data

Collected data is processed in accordance with GDPR. The user has the right to access, rectify and delete. See our privacy policy for more details.

13. Termination

The user can delete their account at any time. CapYacht reserves the right to suspend or delete an account without notice or compensation in case of violation of the ToU, proven or suspected fraud, or fake listing.without notice or compensation in case of violation of the ToU, proven or suspected fraud, or fake listing.

14. Applicable law

These ToU are governed by French law. Any dispute will be submitted to the competent courts of Nice.

Contact

For any question: contact@capyacht.com