towing-agreement

‍TOWING SERVICES AND SERVICE POLICY: This Agreement is applicable throughout the United States, Bahamas, Canada, and reimbursement worldwide. Boat Fix, Inc. (“Boat Fix”) call centers are maintained by Boat Fix twenty-four (24) hours a day, seven (7) days a week, including holidays, and within the safe parameters of Boat Fix’s abilities.

‍ARTICLE I - DEFINITIONS
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‍1.1 “Agreement” means this Agreement between Buoy and the Customer for Towing Services.
1.2 “Covered Vessel” means a registered or documented vessel that is used for traveling on water in which the Customer has purchased Towing Services coverage for.
1.3 “Customer” means a person who has rented a Covered Vessel, and has purchased Towing Services for the Covered Vessel.
1.4 “Customer Information” means information regarding any Customer, including, without limitation, names, addresses, telephone numbers, insurance coverage, insurance policy expiration dates and times, and the description or location of Covered Vessels or other covered property.
1.5 “Disablement” means any non-emergency failure of a Covered Vessel’s ability to navigate, including, but not limited to mechanical or electrical breakdown, battery failure, insufficient supply of fuel, oil, water, or other fluid, lock-out, soft grounding and line entanglement.1
.6 “Marine Assistance” means the dispatch of a third party Marine Service Provider, who shall be responsible to provide non-emergency services only, to assist the Covered Vessel to reach the nearest safe port by the Covered Vessel’s own power or by tow, which shall be rendered only as a result of Disablement. Marine Assistance does not include salvage, medical or life-saving efforts, firefighting, pollution control or remediation, or towage or other services to be rendered in an environmentally sensitive area or situation in which any form of protected marine life may be threatened by such Marine Assistance.
1.7 “Marine Salvage” means any service rendered to a Covered Vessel in “peril” as defined by the general maritime law, including but not limited to vessels: grounded (except Soft Groundings), stranded, flooding, taking on water, on fire, sinking, or otherwise in danger of being lost or severely damaged as a result of its peril. Whether Watercraft Assistance rises to the level of Marine Salvage shall be determined in the sole discretion of the Marine Service Provider.
1.8 “Policy” means an insurance policy issued by Buoy that provides Marine Assistance coverage.
1.9 “Reimbursement” means repayment for the Customer’s direct payment to the Marine Service Provider for Marine Assistance1.10 “Restricted Use Dock” means a dock from which the Customer must move immediately, including, but not limited to, fuel docks, restaurant docks, and docks without overnight facilities.
1.11 “Services” means the Marine Assistance and Uncovered Dispatch performed by Boat Fix under this Agreement and Reimbursement performed by Buoy under this Agreement.
1.12 “Marine Services Provider” means any independent third-party marine towing and salvage contractor person or entity, other than Boat Fix, dispatched by Boat Fix to provide Marine Assistance.
1.13 “Soft Grounding” means the Covered Vessel’s hull is touching the sea bottom but is in a stable, safe condition; it is not in dangerous surf or a dangerous surf line; is surrounded by water on all sides; can be rocked; can be refloated upon initial arrival or at the next high tide, in fifteen (15) minutes or less, by one (1) vessel from a Marine Service Provider; and is not in an environmentally sensitive area in which rendering un-grounding assistance may cause harm to marine life or vegetation. Whether a Covered Vessel is in a Soft Grounding situation shall be determined in the sole discretion of the Marine Service Provider.
1.14 “Successful Mechanical Hotline Service” means assisting the Covered Vessel to get underway under its own propulsion without requiring the services of a Marine Services Provider or otherwise where the Customer can cure the Covered Vessel’s Disablement without the services of a Marine Services Provider.
1.15 “Towing Service” means Successful Mechanical Hotline Service, Marine Assistance for Covered Vessels, and Uncovered Dispatch.
1.16 “Towing Service Area” means the area in which each Marine Service Provider will provide Services. Each Marine Service Provider has a minimum 25 mile offshore service area. In Northern California and the Pacific Northwest, Marine Service Providers have a minimum 30 mile offshore service area. In Southern California, Marine Service Providers have a minimum 40 mile offshore service area.
1.17 “Uncovered Dispatch” means an offer by Boat Fix to the caller or Customer to dispatch a Marine Service Provider where Marine Assistance coverage is unavailable or in question and the Customer or caller pays the Marine Service Provider directly.

ARTICLE II - ASSISTANCE INCLUDED

‍2.1 Marine Assistance Privileges Included. Marine Assistance privileges include payment of the cost to tow the Covered Vessel from any dock or mooring to the Customer’s port of choice not to exceed a total towing distance of 25 miles. Marine Assistance includes payment up to 50% of the cost to tow the Covered Vessel from an unrestricted use dock or mooring, i.e. home docks or marinas, for the purpose of repairs. Watercraft Assistance applies to any recreational boat owned, borrowed or chartered by the Customer and includes 24 hour towing dispatch service. Marine Assistance privileges also include: Payment for towing the Customer’s disabled Covered Vessel from the point of breakdown at sea to port of choice;At sea battery jump starts;Delivery of fuel, engine fluids and basic engine parts to avoid a tow, subject to availability;Soft Ungrounding assistance;Towing the disabled Covered Vessel immediately after breakdown from a Restricted Use Dock to the Customer’s home dock or repair facility.
2.2 Marine Assistance Availability. Marine Assistance privileges are available for non-emergency Services only. Marine Assistance is provided for when the Covered Vessel experiences Disablement and is towed within the Towing Service Area.
2.3 Successful Mechanical Hotline. When the Customer can cure the Covered Vessel’s Disablement without the services of a Marine Services Provider, in a safe and reasonable manner, using the expertise of Boat Fix’s mechanical hotline, the Customer shall cure the Covered Vessel’s Disablement.

‍ARTICLE III - RESTRICTIONS

‍3.1 Per Incident Restriction. Marine Assistance applies per incident. An incident is an event or series of events arising from the same breakdown. The Customer is responsible to pay for expenses incurred in excess of Towing Service active at the time of breakdown or Soft Grounding.
3.2 Marine Service Provider Unavailable. For non-emergency Marine Assistance when a Marine Service Provider is not available, Customer must contact Boat Fix prior to accepting Marine Assistance from a Marine Service Provider. Upon authorization, Customer is eligible for Marine Assistance up to $125 per hour from breakdown location to the nearest repair facility and Soft Ungrounding up to $10 per foot of Covered Vessel length, up to $2,500. If a Marine Service Provider is unavailable, Boat Fix will contact a government agency. To receive reimbursement consideration, an invoice must be sent to Buoy within ninety (90) days of the incident.
3.3 Emergency Situation. In an emergency situation, the Customer must contact the Coast Guard or a government agency immediately. This Marine Assistance Agreement is not a promise of rescue and is restricted to paid Services which can be provided with equipment immediately available to the Marine Service Provider. Marine Assistance will be provided during normal boating season and within the safe parameters of the Marine Service Provider’s capabilities, but will not be rendered when the disabled vessel cannot be safely or reasonably reached or secured and/or properly serviced without damage or danger to either vesser4el or persons. This Marine Assistance Agreement is not an insurance policy and does not provide for liability or damages arising out of injury to persons, boats or property and may not be transferred or assigned to another party.
3.4 Personal Injury. Buoy and/or Boat Fix shall not be liable to a Customer for any personal injury, death, loss, or damage when attempting to cure the Covered Vessel’s Disablement pursuant to Section 2.3 of this Agreement.

‍ARTICLE IV - EXCLUSIONS

‍4.1 Exclusions to Marine Assistance. This Marine Assistance Agreement becomes effective at the start of the paid rental period upon the beginning of the rental, and DOES NOT APPLY TO:pre-existing conditions, including but not restricted to, towing after disabled vessel is pushed away from dock or mooring;battery jump starts, dive service, and fuel delivery at a dock;towing from a repair or storage facility, for seasonal haul out or routine maintenance, or for storm preparation;Marine Salvage, including but not restricted to hard groundings, or assistance requiring more than one vessel, pumps, divers, airbags or other special equipment;the cost of fuel or supplies, including, but not limited to, engine fluids and basic engine parts to avoid a tow;charges for escort, navigation assistance, search for lost vessels, retrieving anchors or other equipment;charges to repair, haul, launch, commission, decommission, moor, dock or other marina charges; U.S. or Foreign Customs Fees;when Customer is a guest or paid captain on any Covered Vessel;any Covered Vessel used for commercial purposes;paid services being paid for by another company.
4.2 Care and Diligence Required. The Customer is required to use care and diligence in the operation and maintenance of the Covered Vessel. Buoy may, at its sole discretion, withdraw an individual Customer’s Marine Assistance coverage for abuses, including excessive use.

‍ARTICLE V - CUSTOMER INFORMATION

‍5.1 Customer Information. By purchasing Towing Services pursuant to this Agreement, the Customer agrees that Buoy, Boat Fix, and their affiliates are authorized to use Customer Information to determine the status of the Customer’s Towing Services status.