Swelb

Terms of Service

Boat Owner Terms of Service — Swelb

These terms of service apply to the use of the Swelb platform by Boat Owners.

Provider:

Swelb B.V., a private company with limited liability incorporated under the laws of the Netherlands, having its registered office at [PLACE], registered with the Dutch Trade Register under number [KVK-NUMBER], hereinafter referred to as: "Swelb"

1. Definitions

In these terms, the following terms have the following meanings:

  • Platform: the online platform operated by Swelb, accessible at swelb.com and its sub-domains, including all related portals and functionalities.
  • Boat Owner / Customer / You: a natural or legal person who places a Request via the Platform.
  • Skipper: an independent self-employed professional registered via the Platform offering maritime services.
  • Request: a request for maritime services placed by a Boat Owner, including boat transport, charter crewing, coaching or comparable services.
  • Offer: an offer made by a Skipper to a Boat Owner for the execution of a Request.

2. Role of Swelb

2.1. Swelb is an online intermediary platform that connects Boat Owners with independent self-employed Skippers.

2.2. Swelb is not a party to the agreement formed between Boat Owner and Skipper upon acceptance of an Offer. Swelb is not the employer, principal or representative of Skipper.

2.3. Swelb does not itself provide maritime services and is not liable for the execution, quality or outcome of Requests. Responsibility for execution rests entirely with the Skipper.

2.4. Swelb makes reasonable efforts to verify Skippers based on submitted information (sailing license, experience, self-declared insurance). However, Swelb cannot guarantee that all information is always current or complete. Boat Owners are advised to obtain additional references in case of doubt.

3. Placing a Request

3.1. Boat Owner may place a Request free of charge via the Platform or the chatbot intake.

3.2. Boat Owner shall provide accurate and complete information when placing a Request, including:

  • vessel details (make, type, length, year of construction);
  • departure and arrival location and preferred dates;
  • nature of the service (boat transport, charter, coaching);
  • contact details and any special considerations.

3.3. Boat Owner warrants that:

  • he or she is the owner of the vessel concerned or is authorised to deploy it;
  • the vessel is seaworthy and complies with all legal requirements in the relevant sailing areas;
  • the vessel is third-party and hull-insured, and the policy does not exclude professional skippers / "delivery skippers";
  • all required documentation (registration, insurance, any port formalities) is in order.

3.4. Incorrect or incomplete information may lead to rejection of the Request by Skippers, delays in execution or termination of the agreement between Boat Owner and Skipper.

4. Formation of the agreement with Skipper

4.1. Skippers respond to a Request with an Offer. Boat Owner may decide which Offer to accept.

4.2. Upon acceptance of an Offer, a direct agreement is formed between Boat Owner and Skipper. The terms of that agreement are determined by Boat Owner and Skipper between themselves, in line with the Offer made by the Skipper.

4.3. Swelb has no influence over the content of that agreement and is not responsible for its performance by either party.

5. Payment

5.1. Boat Owner pays directly to Skipper for the executed Request. Skipper issues an invoice in accordance with the agreement made between the parties.

5.2. The Platform does not, in this phase, facilitate any direct payment flow between Boat Owner and Skipper. Swelb is not a collection agency and not a payment service provider.

5.3. Any VAT, advance payments and payment terms are administered by Skipper in accordance with his or her own business. Boat Owner shall settle a Skipper invoice in accordance with the agreed rate and agreed terms.

5.4. Future expansion: Swelb reserves the right to introduce a payment service (escrow mechanism) in the future whereby payments are processed via the Platform. Boat Owners will be informed of this in good time before it becomes applicable.

6. Insurance and liability of Boat Owner

6.1. Boat Owner bears full responsibility for:

  • insuring the vessel (third-party liability and, where applicable, hull insurance);
  • ensuring that the policy explicitly covers professional skippers / delivery skippers — some policies exclude this, which can lead to substantial financial risk in case of damage;
  • timely informing his or her own insurer about the deployment of an external skipper, if the policy requires this.

6.2. Damage to the vessel, third parties or items on board arising during the execution of a Request is, in the first instance, a matter between Boat Owner, Skipper and their respective insurers. Swelb is not a party to this and bears no responsibility.

7. Cancellation

7.1. Cancellation by Boat Owner before acceptance of an Offer is free of charge.

7.2. After acceptance of an Offer, the agreement made between Boat Owner and Skipper applies. Cancellation costs or compensation fall under the direct agreement between the parties, not under the responsibility of Swelb.

7.3. If a Skipper unexpectedly cancels an accepted Request, Boat Owner may obtain a new Offer via the Platform or seek a replacement Skipper. Swelb endeavours to be helpful in such cases but offers no guarantee of a replacement Skipper within a specific timeframe.

8. Reviews and feedback

8.1. After completion of a Request, Boat Owner may leave a review about the Skipper. Reviews shall be objective and respectful and may not contain incorrect, offensive or discriminatory information.

8.2. Swelb reserves the right to remove reviews that are contrary to these terms, the law or good taste.

8.3. Reviews are visible to other Boat Owners and help to safeguard the quality of the Platform.

9. Privacy and data processing

9.1. Swelb processes Boat Owner's personal data in accordance with the General Data Protection Regulation (GDPR). The manner of processing is set out in Swelb's Privacy Statement, available on the Platform.

9.2. Boat Owner's data is shared with the Skipper with whom an agreement is formed, insofar as necessary for the execution of the Request.

9.3. Boat Owner has the right at all times to access, correct and delete his or her data, in accordance with the Privacy Statement.

10. Liability of Swelb

10.1. Swelb is not liable for:

  • the quality, timeliness or safety of Requests executed by Skippers;
  • damage to vessels, cargo or third parties during execution of Requests;
  • incorrect or incomplete information provided by Skippers (including qualifications, experience, availability);
  • disputes between Boat Owner and Skipper;
  • unavailability or malfunctions of the Platform.

10.2. Swelb's total liability towards Boat Owner, on whatever basis, is limited to the amount Boat Owner has paid to Swelb in the twelve (12) months preceding the damaging event, with a maximum of €500. If Boat Owner has not paid any fees to Swelb, liability is limited to the same maximum of €500.

10.3. Swelb is in no event liable for indirect damages, consequential damages, lost profits or non-material damages.

10.4. These liability limitations do not apply insofar as the damage is the result of intent or wilful recklessness on the part of Swelb, nor insofar as mandatory law prescribes broader liability.

11. Use of the Platform

11.1. Boat Owner undertakes to use the Platform exclusively for placing bona fide Requests and communicating with Skippers in connection therewith.

11.2. Boat Owner is not permitted to:

  • post false or misleading information;
  • use the Platform for purposes other than intended, including the recruitment of Skippers for activities outside the Platform;
  • technically burden, scrape or obtain automated access to the Platform without prior written consent of Swelb;
  • infringe the intellectual property of Swelb or third parties.

11.3. In the event of breach of these provisions, Swelb may suspend or remove the Boat Owner's account and recover any damages.

12. Intellectual property

12.1. The Platform, software, branding and all Swelb content are the intellectual property of Swelb. Boat Owner obtains only a limited, non-transferable right of use insofar as necessary for using the Platform.

12.2. Content posted by Boat Owner (including Requests, photos, reviews) remains Boat Owner's property. Boat Owner grants Swelb a worldwide, non-exclusive, royalty-free license to use this content for the operation and promotion of the Platform.

13. Amendments to these terms

13.1. Swelb may amend these terms unilaterally. Amendments are communicated to Boat Owner at least 30 days before they take effect, via the Platform or by email.

13.2. If Boat Owner does not agree with an amendment, Boat Owner may terminate the account before the effective date. Continued use of the Platform after the effective date constitutes acceptance of the amended terms.

14. Termination

14.1. Boat Owner may terminate his or her account at any time by submitting a request via the Platform or by email.

14.2. Upon termination:

  • ongoing Requests are completed in accordance with the agreement with the Skipper;
  • Boat Owner's personal data is processed in accordance with the Privacy Statement (retention periods, right to deletion);
  • historical invoices and transaction data are retained for as long as legally required.

14.3. Swelb may suspend or terminate Boat Owner's account if Boat Owner breaches these terms or misuses the Platform.

15. Governing law and disputes

15.1. These terms and the use of the Platform are governed by Dutch law.

15.2. Disputes between Boat Owner and Swelb shall preferably first be resolved by mutual consultation. Failing such resolution, disputes shall be submitted to the competent court in Amsterdam, the Netherlands.

15.3. Boat Owners acting as consumers retain the right to bring disputes before the court of their domicile, in accordance with mandatory EU regulations.

15.4. Consumers may also use the Online Dispute Resolution platform of the European Commission via https://ec.europa.eu/consumers/odr/.

16. Final provisions

16.1. If any provision of these terms is found to be void or voidable, the remaining provisions shall remain in full force and effect. The parties shall replace the affected provision with a valid provision that approximates the intended purpose as closely as possible.

16.2. Notices are made via the Platform or via the contact details known to Swelb.

16.3. These terms have been drawn up in Dutch and English. In case of discrepancy, the Dutch text prevails.

Acceptance

By registering on the Platform and ticking the acceptance box for these terms, Boat Owner declares to have taken note of these terms and to agree with them.

Version control

  • Version: 1.0
  • Effective date: [DATE]
  • Last modified: [DATE]