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 Berlicum and its place of business at Kalmoes 13, 5258 BZ Berlicum, the Netherlands, registered with the Dutch Trade Register under number 42076553, VAT number NL869598259B01, 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 operates an online marketplace for maritime services and acts in doing so as a commissionaire (acting in its own name, on the Skipper's behalf, within the meaning of article 28 of the EU VAT Directive): Swelb buys the service offered by the Skipper from the Skipper in its own name and supplies it in its own name to Boat Owner.

2.2. The agreement for the supply of the maritime service is formed between Boat Owner and Swelb. The actual execution is carried out by an independent Skipper, who supplies the service to Swelb. Swelb is not the employer of the Skipper and the Skipper is not an employee or representative of Swelb; the Skipper remains an independent self-employed contractor.

2.3. Swelb does not itself carry out the maritime service. The actual execution, the quality and the outcome of a Request — and the performance liability arising therefrom — rest entirely with the Skipper as the executing contractor. Swelb's liability is limited as set out in article 10.

2.4. Before admission, Swelb performs an administrative check based on the information and documents submitted by the Skipper (sailing license, experience, self-declared insurance): a check that the required documents have been supplied, an automated first-pass scan and manual approval by Swelb. This is a best-efforts obligation and not an assessment of professional competence, authenticity or validity; Swelb does not guarantee that qualifications are correct, current or complete. The Skipper remains responsible for the accuracy and validity of their own qualifications. 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

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, an agreement is formed between Boat Owner and Swelb for the supply of the maritime service at the rate stated in the accepted Offer. For the execution, Swelb engages the Skipper whose Offer was accepted.

4.3. The Skipper executes the Request in accordance with the Offer and good seamanship. Swelb is not responsible for the actual execution; the Skipper's performance responsibility and the liability arrangement in article 10 apply to it.

4.4. Statutory right of withdrawal (consumers). Where Boat Owner is a natural person not acting in the course of a trade, business or profession (a consumer), Dutch law (article 6:230o of the Dutch Civil Code, implementing EU Directive 2011/83) grants a fourteen (14) day right of withdrawal, starting from the moment the agreement with Swelb is concluded (acceptance of the Offer). Within this period Boat Owner may withdraw from the agreement without giving reasons. Withdrawal can be exercised via the Platform or by an unequivocal written notice to Swelb.

4.5. No right of withdrawal for date-specific services. Pursuant to article 6:230p subsection (e) of the Dutch Civil Code, the right of withdrawal does not apply to services related to leisure activities performed on a specific date or during a specific period — including, without limitation, charters and sailing coaching on an agreed date. For such services, acceptance of an Offer immediately creates a binding, non-cancellable agreement.

4.6. Express request for early commencement within the withdrawal period. If Boat Owner (consumer) wishes Skipper to commence the Order before expiry of the 14-day period, Boat Owner must make an express request to that effect and simultaneously acknowledge that the right of withdrawal is lost once Skipper has fully performed the Order (article 6:230s paragraph 1 sub a of the Dutch Civil Code). The Platform records this request and acknowledgement at offer acceptance on a durable medium (confirmation email) and retains it as evidence.

4.7. Pro-rata fee upon withdrawal during performance. If Boat Owner withdraws from the agreement after a request for early commencement within the 14-day period while Skipper has not yet fully performed, Boat Owner owes Skipper an amount proportionate to the part of the Order already performed, in accordance with article 6:230s paragraph 2 of the Dutch Civil Code.

4.8. No right of withdrawal for business Boat Owners. Boat Owners acting in the course of a trade, business or profession (B2B) are not entitled to a statutory right of withdrawal. For them, the Offer is binding upon acceptance, save as otherwise agreed with Skipper.

5. Payment

5.1. Payment via the Platform. Upon acceptance of an Offer, Boat Owner pays the agreed Request amount (the rate stated in the accepted Offer) to Swelb via the Platform. This amount is the consideration for the service supplied by Swelb to Boat Owner; Swelb issues Boat Owner an invoice for it. The payment is processed by Stripe, an external payment service provider. Skipper does not invoice Boat Owner directly for the Request.

5.2. Processing and holding of payments. The payment is processed and held by Stripe (Stripe Technology Europe Ltd., a licensed Electronic Money Institution). The amount paid by Boat Owner is the consideration for the service supplied by Swelb (Swelb's own turnover); Swelb thereby collects its own receivable and provides no payment service to third parties. Swelb does not itself hold any of Boat Owner's funds and is, on that basis, not a payment service provider within the meaning of PSD2 or the Dutch Financial Supervision Act (Wft).

5.3. Payment to the Skipper. Swelb pays the Skipper the fee agreed with the Skipper (the purchase price) in two parts: a deposit shortly after acceptance — so that the Skipper does not have to advance Request-related costs such as travel and provisions personally — and the balance after completion of the Request and Boat Owner's approval of the post-handover inspection, following a 48-hour dispute period in which no dispute is raised.

5.4. Rate and commission. The Request amount paid by Boat Owner is the price of the service supplied by Swelb. Swelb's commission is the difference (the margin) between this amount and the fee Swelb pays to the Skipper; no separate platform fee is charged to Boat Owner for placing or paying a Request. The fee and commission arrangements with the Skipper are set out in the Skipper agreement.

5.5. VAT and documentation. The VAT due on the service is shown by Swelb on the invoice Boat Owner receives via the Platform.

5.6. Refunds. If a Request is cancelled, the amount paid by Boat Owner — including any refund due to Boat Owner — is settled in accordance with the cancellation provisions in article 7.

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. Save as provided in article 10, Swelb bears no responsibility for the actual execution.

6.3. Upon accepting an Offer, Boat Owner expressly declares that, at the time of execution, the vessel is validly insured (at least third-party liability and, where applicable, hull) and that the policy does not exclude the deployment of a professional or external skipper. Swelb records this declaration with date, version and the moment of acceptance, but does not assess or verify the cover; responsibility for adequate and valid insurance remains entirely with Boat Owner in accordance with sections 6.1 and 3.3.

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 amount paid by Boat Owner is held (see article 5). On cancellation, Swelb settles this amount — the refund due to Boat Owner and any amount due to Skipper — in accordance with the cancellation terms communicated to Boat Owner at acceptance of the Offer. A cancellation closer to the agreed date may result in a lower refund, to compensate Skipper for reserved capacity and costs already incurred.

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 who executes the Request, 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 2.0 — 25 June 2026