Conditions d'utilisation

À propos de ces conditions

These Terms of Use apply to everyone who uses KeelFair at keelfair.com ("KeelFair", "we", "us"), whether you browse, create an account, list a boat, publish a berth or send an enquiry or booking request. KeelFair is operated by Douglas Cook, trading as KeelFair, a sole trader based in Ireland, of Curraghlehanagh, Newbridge, Co. Galway, H53 DP82, Ireland.

By using KeelFair you agree to these terms and to our Privacy Policy and Cookie Policy. If you use KeelFair on behalf of a brokerage or marina, you confirm you have authority to bind that business, and "you" includes it. You must be at least 18 years old to create an account or send a booking request.

Nothing in these terms affects rights you have as a consumer that cannot be excluded by law.

Notre rôle

KeelFair is an online marketplace and an intermediary. We provide the platform on which independent brokerages list boats for sale and independent marinas publish visitor and permanent berths. We are not a party to any sale of a boat, any brokerage agreement, or any berth, mooring or marina contract. Those contracts are made directly between you and the brokerage, seller or marina.

We do not own, inspect, survey or sell the boats listed, we do not operate the marinas, and we do not act as an agent of any buyer, seller, guest, brokerage or marina. Listings, prices, availability and berth details are provided by the brokerage or marina, which is responsible for them. We do not verify listings and accept no responsibility for their accuracy. Buyers should check and confirm all details, including with an independent survey, before buying.

The same applies to marina and brokerage profiles: marina details, prices, availability and facilities are provided by the marina, and brokerage details by the brokerage. We do not verify them and accept no responsibility for their accuracy, or for any dealings between you and a marina or brokerage. Some marina pages use public OpenStreetMap data and have not been claimed by the marina; treat them as a starting point and confirm details directly with the marina.

Details are given in good faith by the brokerage, seller or marina, who cannot guarantee their accuracy or give any warranty on a boat’s condition; ask a broker, surveyor or other expert about condition. Boats are offered subject to price changes and/or withdrawal by the owner and may have been sold in the last few days. Marina prices, availability and facilities may change or be withdrawn at any time, and berths shown as available may already have been booked.

Comptes et équipes

• Keep your sign-in details secret and tell us promptly if you think your account has been misused. You are responsible for activity on your account.
• The information you give us must be accurate and kept up to date.
• Brokerages and marinas can invite team members with roles (Owner, Manager, Staff, Viewer). The organisation's owner is responsible for who it invites, the roles it grants and for removing people who should no longer have access. Actions taken by team members are treated as actions of the organisation. Important actions are recorded in an audit log that the organisation can see.
• You may close your account at any time by contacting us. Some records are kept after closure as described in the Privacy Policy.

Courtiers et annonces de bateaux

If you list a boat, you confirm and are responsible for ensuring that:

• you or your client own the boat or have the owner's written authority to market and sell it;
• the listing (description, specifications, dimensions, price, VAT status, location, condition, photos, video and deck plans) is accurate, not misleading, kept up to date, and removed or marked sold promptly when it is no longer available;
• you hold any licence, registration or insurance required for your brokerage activity, and you comply with consumer protection, anti-money-laundering and other laws that apply to your sales;
• you answer enquiries in good faith and use enquirers' personal data only to deal with their enquiry, in line with data protection law. For that data you act as an independent controller.

Deck plans made with our designer are schematic and labelled "not to scale". They must not be presented as accurate general-arrangement drawings.

Adhésion

Brokerages and marinas use KeelFair with a membership. New brokerages and marinas get a free trial, currently 6 months from registration (or from approval of a marina claim). After the trial, membership is currently £3.99 per month per brokerage, for unlimited listings, and £8.99 per month per marina, for online booking requests and the marina tools. There is no fee per boat, no commission on sales and no commission on berths. See Membership for current prices.

Membership is paid by card through Stripe, one month at a time; paying early never shortens a trial or a month already paid. We email you 14 and 3 days before a trial or paid month ends. When it ends without payment: a brokerage's listings that are already published stay visible, but new listings cannot be published; a marina's profile stays visible and guests can still contact it, but new online booking requests are paused. Bookings a marina has already confirmed are not affected. Prices may change with at least 30 days' notice for future periods. Unless the law requires otherwise, fees already paid for a period that has started are not refundable.

Marinas et places de port

If you publish berths, you are responsible for:

• accurate berth details (dimensions, maximum length, capacity, facilities, VHF channel, location) and accurate prices, including per-metre rates, minimum nightly charges and any surcharges or discounts;
• keeping availability up to date, and replying to booking requests promptly and before any hold expires;
• honouring requests you confirm at the confirmed dates and amount. If you cannot, you must tell the guest straight away and handle any refund directly with them;
• your own terms of stay, payment, cancellation and refund policies, which you must make available to guests and which form part of your contract with the guest;
• handling guests' uploaded insurance and registration documents confidentially, only for checking the booking, and in line with data protection law. For that use you act as an independent controller.

Plaisanciers et demandes de réservation

• Accurate details. Give accurate details of yourself and your boat, including length overall, beam and draft. A marina may refuse or cancel a stay if the boat does not match the request.
• Insurance and registration. You confirm that the insurance certificate and registration you upload are genuine and valid, and that your boat stays adequately insured (including third-party liability) for the whole stay.
• A request is not a booking. A booking request asks the marina for a berth. A contract for the stay exists only when the marina confirms it, on the marina's terms.
• Holds and expiry. When you send a request, the nights are held for you for the period shown on the request (set by the marina, typically 48 hours). If the marina does not answer within that time, the hold expires automatically, the nights are released and we tell you by email. A declined, cancelled or expired request does not oblige you or the marina to anything further.
• Estimates. The price shown when you send a request is an estimate based on the marina's published prices. The marina confirms the final amount.

Les paiements vont directement à la marina

You pay the marina directly. KeelFair never receives, holds or transfers guest money for berths and takes no commission on berths. Each marina chooses the payment methods it accepts, for example payment on arrival, bank transfer, a payment link, or card payment through the marina's own Stripe account connected with Stripe Connect.

When a marina uses Stripe, Stripe processes the payment on the marina's own Stripe account as the marina's payment provider, under Stripe's terms between Stripe and the marina. The marina is the merchant. We pass you to Stripe's checkout but do not see or store your card details. Refunds, cancellations, chargebacks and payment disputes are between you and the marina. "Paid" markers on a booking are recorded by the marina or reported by Stripe and are for information only.

Boat purchases are arranged directly with the brokerage or seller. KeelFair does not handle deposits or purchase money. Be cautious of anyone asking you to pay "through KeelFair": we never ask for that. See How payments work.

Avis

• Verified stays only. Marina reviews can only be written through a single-use link we send after a confirmed stay has ended, or that the marina sends from its portal for a completed stay. Each review is marked "Verified stay".
• Your review must be honest, about your own experience, and must not contain personal data of others, offensive or unlawful content, advertising or links.
• No editing by marinas. Marinas cannot edit or delete reviews. They may post one public reply. We do not change a review's wording or rating.
• Reporting. Anyone can report a review. We review reports and may hide a review that breaks these terms or the law (for example abusive, discriminatory or defamatory content, personal data, conflicts of interest, content not about a real stay, or spam). We record a reason when we hide a review. We do not hide reviews because they are negative.
• You give us a non-exclusive, royalty-free, worldwide licence to publish, translate and display your review and display name on KeelFair for as long as it is live.

Contenus et comportements interdits

You must not use KeelFair to: post false, misleading or fraudulent listings, berths, documents or reviews; list boats you are not entitled to sell; infringe anyone's intellectual property or privacy; upload malware or harmful files; send spam or unsolicited marketing to other users; scrape, copy or harvest data from the site in bulk without our permission; attempt to bypass security, access controls or rate limits; impersonate anyone; or break any law, including sanctions and anti-money-laundering rules. We may remove content and restrict accounts that break these rules.

Propriété intellectuelle

The KeelFair name, logo, site design and software belong to us or our licensors. You keep ownership of content you upload (listings, photos, videos, deck plans, berth details, reviews). You give us a non-exclusive, royalty-free, worldwide licence to host, copy, resize, translate and display it on KeelFair and in promoting the listing or berth, for as long as it is on KeelFair and for a reasonable time afterwards in backups. You confirm you have the rights to grant this licence.

Prix et conversion de devises

Prices are set by brokerages and marinas in their own currency (for most listings, GBP). When you choose another display currency, we convert prices at indicative rates for guidance only. Converted amounts are not offers. The amount you pay is the amount in the seller's or marina's currency, and your bank or card provider may apply its own rate and fees.

Responsabilité

We provide KeelFair with reasonable care and skill, but we cannot guarantee that the site will always be available or error-free, or that listings, berths, prices, availability, reviews or documents provided by others are accurate. We are not responsible for the acts or omissions of brokerages, sellers, marinas or guests, or for the condition, title, safety or legality of any boat or berth.

To the extent permitted by law, we are not liable for indirect or consequential loss, or for loss of profit, business, revenue or data. Our total liability to a business user arising from KeelFair is limited to the greater of the fees you paid us in the 12 months before the claim or EUR 100. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.

Suspension et résiliation

You can stop using KeelFair at any time. We may suspend or close an account, or remove content, if we reasonably believe these terms or the law have been broken, to protect users, or if required by law. Where appropriate, we will tell you why and give you a chance to respond. Sections that by their nature should survive (for example liability, licences already granted and governing law) continue after termination.

Modifications de ces conditions

We may update these terms, for example to reflect new features or legal requirements. We will show the date of the latest version above. For material changes, we will tell account holders by email or in the portal at least 30 days before they take effect. If you continue using KeelFair after that, the new terms apply.

Droit applicable

These terms are governed by the laws of Ireland, and the courts of Ireland have jurisdiction. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you can bring proceedings in your local courts. The EU Online Dispute Resolution platform has closed, so we do not link to it.

Contact

Douglas Cook, trading as KeelFair, Curraghlehanagh, Newbridge, Co. Galway, H53 DP82, Ireland. Email: [email protected]. You can also use our contact form.