Terms and conditions of sale

General presentation

The Check Boat platform (hereinafter the "Platform") is published by CHECK BOAT, a simplified joint-stock company with a share capital of €1,000, registered with the La Rochelle Trade and Companies Register under number 935 085 282 (SIRET 935 085 282 00017), whose registered office is located at 4 route du Moulin Neuf, 17220 Saint-Médard-d'Aunis, intra-community VAT number FR47 935 085 282, contact address: contact form.

The Platform is accessible at www.check-boat.com.

Check Boat is a digital platform connecting boat owners with professionals in the nautical sector (in particular nautical concierge services, marine mechanics, skipper, delivery and navigation assistance), with a view to carrying out nautical services.

Check Boat acts exclusively as a technical intermediary and facilitating third party (connection, supervised messaging, mission management, payment securing, document transmission and assistance). Check Boat does not perform the services offered by the Professionals and does not act as the seller of the service, nor as an employer, operational principal, ship-owner, carrier, maritime agency, insurer, technical expert or guarantor of the proper material performance of the missions.

Definitions

In these T&Cs, the terms below, used with an initial capital letter, have the following meaning:

Platform: the website, the application, the interfaces, user areas, messaging tools, dashboards and features operated under the Check Boat brand.

Check Boat: the company publishing the Platform, acting as an intermediary.

User: any natural or legal person holding an account on the Platform, whether acting as an Owner, a Professional, or an employee attached to a Professional's account.

Owner: the User who is looking for a Professional for a boat of which they are the owner, manager or legitimate user. The Owner may act as a consumer, a non-professional or a professional.

Professional: any independent professional, company or legally registered structure offering nautical services on the Platform. The Professional acts in all cases for purposes falling within the scope of their professional activity.

Mission: the nautical service agreed between an Owner and a Professional through the Platform.

Mission request: the request made by an Owner before acceptance by a Professional and before Pre-payment.

Quote: the financial and operational proposal sent by a Professional to the Owner for a given Mission.

Pre-payment: the payment made by the Owner on the Platform in order to formalise the agreement reached with the Professional and to secure the Mission before it is carried out.

Deposit: where applicable, the amount provided for in the Quote intended to cover a prior commitment of the Professional (material, logistical or preparatory costs necessary for the Mission).

Check Boat Service Fees: the remuneration of Check Boat for its connection, Platform access, journey securing, payment, follow-up and assistance services.

Cancellation Policy: the cancellation, postponement and refund conditions applicable to Missions, defined in article 11 of these T&Cs.

Dispute: a disagreement declared by a User concerning a Mission, a payment, a cancellation, damage, a contested performance or any other incident related to the use of the Platform.

1. Purpose and scope

The purpose of these T&Cs is to define the conditions under which, through the Platform:

• Check Boat provides the Owner with its intermediation service, remunerated by the Check Boat Service Fees; and
• the Owner and the Professional conclude between themselves the service contract relating to the Mission.

The service contract relating to the Mission is concluded directly between the Owner and the Professional. Check Boat is not a party to this contract and is not the seller of the service, the Professional remaining the sole seller and provider in the contractual, accounting and tax sense.

These T&Cs apply to relationships between professionals (B2B) as well as to relationships with consumers and non-professionals (B2C) in accordance with the definitions set out in the preliminary article of the French Consumer Code.

With regard to Professionals, they constitute, in accordance with Article L.441-1 of the French Commercial Code, the sole basis of the commercial relationship. Mandatory protective provisions applicable to consumers shall prevail, where applicable, over any clause to the contrary.

These T&Cs do not replace the legal, tax, social, professional, regulatory or insurance obligations specific to each User.

2. Acceptance, enforceability and modification

Acceptance of these T&Cs is evidenced, before payment, by a dedicated checkbox when validating the Mission and the Pre-payment. This validation implies full and complete acceptance of these T&Cs. Check Boat keeps the logs attesting to the collection of this acceptance, in accordance with Article 1366 of the French Civil Code.

The T&Cs are accessible at any time on the Platform, at the bottom of the page, under the same conditions as the legal notices. The Owner and the Professional are invited to read them before any validation/submission of a Mission.

Check Boat may modify these T&Cs in order to take account of changes in its services, applicable regulations or its technical and economic constraints. The applicable T&Cs are those in force on the day the Mission is validated.

3. Role of Check Boat (intermediary)

Check Boat provides a digital facilitation service including, in particular, the provision of a search and connection tool, the presentation of Professionals' profiles, the creation and follow-up of Mission requests, supervised messaging, Quote, payment, follow-up and validation tools, document transmission or generation tools, as well as assistance, reporting and Dispute management features.

Check Boat does not select, on the Owner's behalf, the Professional who is to intervene and does not direct the operational performance of the Mission. Check Boat does not guarantee the permanent availability of Professionals, nor the effective conclusion of a Mission, nor the absence of disagreement between Users.

In its capacity as an online platform operator within the meaning of Article L.111-7 of the French Consumer Code, Check Boat provides Users with fair, clear and transparent information on the terms of referencing, ranking and connection. The ranking criteria for Professionals are specified in the ToU.

4. Mission request, quote and conclusion of the contract

The Owner creates a Mission request by specifying their need, the port or location concerned, the desired date or period, the type of boat and the description of the Mission, as well as, where applicable, any useful photographs or documents.

The Mission request may be sent to one or several Professionals, up to a limit of five (5) Professionals. Sending a Mission request constitutes neither a firm acceptance of the Mission by the Professional, nor a definitive commitment by the Owner.

The parties may exchange via the Platform's supervised messaging in order to specify the scope of the Mission, the price, the deadlines, the constraints, the conditions of access to the boat, any fees and the existence of a Deposit.

When a Professional has expressed acceptance, the Mission is given the "pre-accepted" status: the Owner retains control to validate it.

The Mission is deemed validated, and the service contract concluded between the Owner and the Professional, when the parties have agreed on the essential elements of the Mission and the Pre-payment has been made on the Platform.

Unless expressly agreed, the Professional must not begin the Mission before confirmation of the Pre-payment; any early start is at their own risk.

5. Mission price

The price of the Mission is freely set by the Professional and accepted by the Owner before the Pre-payment. It must be clear, understandable and consistent with the agreed scope.

It may include, depending on the case, the main service, travel, specific costs, supplies, equipment, a preliminary visit, a diagnosis or a Deposit.

The items included in and excluded from the price are specified before the Mission is validated. As long as the Mission has not been pre-paid, the price may be discussed and modified by mutual agreement. After the Pre-payment, the agreed price constitutes the reference for the Mission, unless expressly agreed by the parties or in a particular case provided for by the Cancellation Policy.

6. Platform service fees

Check Boat collects Service Fees in remuneration for its platform services (connection, access to tools, messaging, Mission follow-up, payment securing, document transmission, assistance and management of the Dispute process).

The Service Fees are borne by the Owner and are added to the Mission price set by the Professional, in accordance with the terms displayed on the Platform.

Their amount or method of calculation is made known to the Owner before the Mission is validated and the Pre-payment is made, so that the Owner knows the total amount to be paid before confirming their commitment.

The Service Fees may vary according to the type and amount of the Mission, the nature of the service, the role of the Professional, as well as the level of recurrence or the frequency with which the same Professional is requested by the same Owner, in order in particular to distinguish a first connection from a recurring Mission.

The Service Fees remunerate a service rendered as soon as the connection is made and the Mission is secured; they may be non-refundable in the event of a cancellation attributable to the Owner, depending on the applicable Cancellation Policy.

7. Referral programme

Check Boat may offer a referral programme allowing a User (the "Referrer") to invite new people (the "Referees") to register on the Platform by means of a personal link or code. The Referee benefits from a facilitated welcome and the Referrer from a reward, under the conditions below and in accordance with the terms displayed on the Platform.

Rewards: the reward is granted to the Referrer when the Referee carries out their first paid mission through the Platform. Its nature and amount depend on the Referrer's role and on the scale displayed on the Platform. By way of example, the Referrer acting as an Owner benefits from a reduction on the Check Boat Service Fees applicable to their following missions, applied automatically until the number of missions concerned is exhausted. The reduction applies exclusively to the Check Boat Service Fees and affects neither the price due to the Professional nor the payment provider's fees.

The Referee must be a person distinct from the Referrer, not yet registered on the Platform, and must register by means of the referral link or code. The reward is only acquired if the Referee's first mission is actually paid and has not been subject to a cancellation, a refund or a dispute resulting in a refund. In particular, self-referral, the creation of fictitious or multiple accounts, the use of false identities and any misuse of the programme are excluded. In the event of fraud, abuse or circumvention, Check Boat may withhold, cancel or recover unduly obtained rewards and, where applicable, suspend or close the Account concerned.

Referral rewards have no monetary value, may not be transferred, exchanged or converted into cash, and may only be used on the Platform under the conditions displayed.

The Referrer undertakes to send the referral link only to people with whom they have a relationship and who agree to be contacted. The Referrer is solely responsible for the invitations they distribute and indemnifies Check Boat against any claim in this respect.

Check Boat may modify, suspend or discontinue the referral programme at any time, in particular as regards the scales, ceilings and eligibility conditions. Rewards already duly acquired before the date of modification remain honoured.

8. Payment, pre-payment and disbursement to the professional

Payments made on the Platform are processed through the payment service provider Stripe (Stripe Payments Europe), using the Stripe Connect solution.

The User accepts, where applicable, the applicable conditions of the payment provider for the operations concerning them. Bank card details are entered and processed directly by Stripe, a PCI-DSS certified provider; Check Boat does not have access to them and does not retain them.

The Pre-payment made by the Owner is held securely by the payment provider (escrow) until the Mission is validated. Disbursement to the Professional takes place after the Mission has been carried out and validated by the Owner, or failing that by tacit validation at the end of the period indicated on the Platform, except in the event of a Dispute, cancellation, incident, block, verification or applicable special rule.

Check Boat does not itself provide any banking or electronic money service and does not hold the funds: these are processed by the payment provider, within the limits of its own rules, deadlines and compliance procedures.

Check Boat may defer, block or suspend a disbursement in the event of a Dispute, suspicion of fraud, documentary inconsistency, request from the payment provider, compliance check or legal obligation.

Two avenues of contestation, which do not have the same effects, must be distinguished:

• the Dispute opened on the Platform (article 12), managed by Check Boat: the sums are held in escrow by the payment provider and the parties seek an amicable solution within the supervised framework of the Platform, over which Check Boat retains control;
• the contestation brought by the Owner directly with their bank or the issuer of their card (chargeback): in this case, the payment provider (Stripe) blocks the sums and handles the contestation according to its own rules and those of the banking networks. Check Boat then has no control over the procedure or its outcome, and dispute management fees charged by the payment provider apply.

In the event of difficulty, the Owner is invited to prioritise opening a Dispute on the Platform, which is faster and more amicable, before any contestation with their bank.

9. Deposit

When the nature of the Mission justifies it, the Quote may provide for a Deposit, intended in particular to cover an order of parts, equipment, a reservation, travel, an immobilisation of resources or any specific preparation necessary for carrying out the Mission.

The Deposit is provided for clearly before the Mission is validated and is deducted from the final amount of the service.

For certain Missions whose amount will be indicated on the Platform, the Deposit is not held in escrow: it is paid directly to the Professional in order to cover their prior commitments.

Consequently, the Deposit thus paid is not recoverable through the Platform and falls, in the event of cancellation or Dispute, under the Professional's responsibility, under the conditions of the Cancellation Policy.

10. Right of withdrawal of the consumer Owner

Where the Owner has the status of consumer, they have in principle a period of fourteen (14) days to exercise their right of withdrawal vis-à-vis the Professional, the seller of the service, in accordance with Articles L.221-18 et seq. of the French Consumer Code.

As Missions are frequently carried out before the expiry of this period, sometimes within a very short time, the consumer Owner who wishes the service to be performed before the end of the withdrawal period is invited, at the time of the Pre-payment, to expressly request the immediate performance of the Mission and to expressly waive their right of withdrawal.

In accordance with Article L.221-25 of the French Consumer Code, the consumer who has exercised this option remains liable for the price of the service already provided; where the service is fully performed, they may no longer withdraw.

In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal may not, in particular, be exercised for service contracts fully performed before the end of the withdrawal period and whose performance has begun after the consumer's prior express agreement and express waiver of their right of withdrawal, nor for leisure activity services that must be provided on a specific date or during a specific period.

The right of withdrawal, where it applies, is exercised with the Professional by means of the form set out in Annex 1, or any unambiguous statement, or via the button available on the Platform.

11. Cancellation and postponement

This article defines the conditions for cancelling a Mission and the applicable refunds. In any event, the fees charged by the payment provider (Stripe fees) are non-refundable.

Cancellation before Pre-payment

As long as the Mission has not been validated and pre-paid, both the Owner and the Professional may freely interrupt the Mission request. As no sum is paid at this stage, no refund is due.

Cancellation by the Owner after Pre-payment

After the Pre-payment, the Owner may still cancel the Mission, under the following conditions:

• Where the cancellation occurs more than seventy-two (72) hours before the scheduled date of the Mission, the Owner is refunded the price of the Mission, less the payment provider's fees;
• Where the cancellation occurs less than seventy-two (72) hours before the scheduled date of the Mission, compensation equal to twenty percent (20%) of the price of the Mission accrues to the Professional in order to compensate for their reservation and unavailability; the Owner is refunded the balance, less the payment provider's fees.

In both cases, any Deposit paid directly to the Professional (article 9) remains acquired by the latter and is not refunded. The Check Boat Service Fees, which remunerate the connection already made, also remain acquired by Check Boat.

Cancellation by the Professional

Where the Professional is the cause of the cancellation, the Owner is fully refunded the sums still held through the Platform, including the Check Boat Service Fees, with the payment provider's fees remaining the responsibility of the Professional. A cancellation attributable to the Professional may additionally result in a reduction of their visibility and ranking on the Platform.

Postponement

The Parties may agree to postpone the Mission by mutual agreement through the Platform. Failing agreement on a postponement, the cancellation rules of this article apply. The consequences of a force majeure event are dealt with in accordance with the Force majeure article of these T&Cs.

12. Dispute and payment blocking

The Owner may open a Dispute once the Mission has been declared completed. Opening a Dispute results in the blocking of the disbursement concerned. Check Boat and the parties (Owner and Professional) are informed of it and engage in a supervised discussion within a dedicated messaging system, equipped with a moderation mechanism.

Check Boat assists the parties in collecting the relevant information and seeking an amicable solution, without substituting itself for the judge, the insurer, the competent mediator or any technical expert.

Failing an amicable solution within a maximum period of ninety (90) days from the pre-payment, corresponding to the maximum period for holding funds imposed by the payment provider, the sums held in escrow are released and paid to the Professional.

The Owner retains the option to assert their rights directly against the Professional, by amicable or judicial means, Check Boat not being a party to the service contract and not being able to retain the funds beyond this period.

When the Mission is declared performed, the Owner has the period indicated on the Platform to validate it or report a problem. Failing action within this period, the Mission may be considered tacitly validated and the disbursement triggered.

In the event of a payment contestation initiated by the Owner directly with their bank (chargeback), the payment provider may block the corresponding sums and a Dispute may be opened automatically on the Platform. Additional fees from the payment provider may then apply. In this case, the payment provider blocks the sums and handles the contestation according to its own rules and those of the banking networks. Check Boat then has no control over the procedure or its outcome, and dispute management fees charged by the payment provider apply.

13. Invoicing, invoicing mandate, electronic invoicing and DAC7

The invoice relating to the service performed is issued in the name of the Professional, who remains the seller and provider in the accounting and tax sense.

Check Boat may allow the Professional to generate, upload, transmit and centralise their quotes, invoices and credit notes using the Platform's tools. This intervention does not change the Professional's status as the economic issuer responsible for the invoiced service. Check Boat also issues a separate invoice in respect of its own Service Fees.

When the Professional uses the Platform's invoicing tools, they may accept an invoicing mandate, the template of which is set out in Annex 2, authorising Check Boat to draw up and transmit certain invoices in their name and on their behalf.

This mandate does not transfer to Check Boat the Professional's tax, accounting or professional responsibility, who remains required to verify the documents generated, to report any error and to keep their supporting documents.

Failing acceptance of the invoicing mandate, the Professional draws up and issues their own invoices, in compliance with their obligations.

Check Boat adapts its document tools to take account of the obligations relating to electronic invoicing and e-reporting; to this end, the use of a dematerialisation operator (in particular Pennylane) is planned, within the applicable regulatory timetable, from September 2027.

In its capacity as a platform operator, Check Boat is required to collect certain identification, tax, banking and transactional information and to transmit it to the competent authorities, in accordance with the DPI-DAC7 framework. The Professional undertakes to provide and keep up to date the necessary information and supporting documents; failing this, their account and disbursements may be limited or suspended.

14. Liability

Check Boat is bound by an obligation of means in the provision of its own digital services. Its liability may only be engaged in the event of proven fault and will be limited to direct losses, to the exclusion of any indirect loss.

Check Boat may not be held liable for the poor performance, non-performance or delay of a Mission by a Professional, for damage caused by a User or a third party, for inaccurate information provided by Users, for the impossibility of accessing the boat, for weather or port conditions, nor for the decisions of payment providers, banks, insurers, mediators or authorities.

To the extent permitted by law, Check Boat's liability for proven direct damage attributable to its own services is limited to the amount of the Service Fees actually collected in respect of the Mission concerned during the last twelve (12) months, except in the event of gross or wilful misconduct or a mandatory legal provision to the contrary.

Each User is responsible for the use they make of the Platform and indemnifies Check Boat against any claim, sanction, damage or cost resulting from a breach of their legal, contractual, professional, tax, social or insurance obligations.

15. Insurance

The Professional is responsible for checking and taking out the insurance necessary for their activity, in particular professional civil liability insurance.

Check Boat requests the provision of an insurance certificate or any useful supporting document, and carries out a verification of these documents upon registration. The transmission of an insurance certificate constitutes neither a guarantee of cover for all Missions, nor a validation by Check Boat of the scope, exclusions, ceilings or deductibles of the insurance contract.

Except for a specific offer presented as such, Check Boat does not provide insurance covering the Missions.

The Professional remains solely responsible for the accuracy, validity, authenticity and updating of the information and supporting documents they transmit (in particular Kbis extract, insurance certificate, diplomas or qualifications). The verification carried out by Check Boat upon registration is a check of apparent consistency, which cannot detect all possible falsifications, counterfeits or alterations. Consequently, Check Boat may not be held liable in the event of the transmission, by a Professional, of false, falsified, expired, inaccurate or misleading documents, without prejudice to the applicable sanctions and the closure of the Account.

For its part, Check Boat has taken out the insurance necessary for carrying out its activity as publisher and operator of the Platform, in particular professional civil liability insurance.

16. Personal data

Check Boat processes personal data in connection with the creation of accounts, the management of profiles and boats, Missions, messaging, payments, invoicing, compliance and the fight against fraud.

Check Boat acts as data controller for the processing related to the operation of the Platform; the Professional acts as an autonomous data controller for the processing they carry out on their own behalf in connection with the Mission. The detailed terms are set out in the Check Boat Privacy Policy.

For any request relating to personal data: contact form.

17. Force majeure

In accordance with the provisions of Article 1218 of the French Civil Code, "There is force majeure in contractual matters where an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the Contract and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing their obligation. If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies the termination of the Contract. If the impediment is definitive, the Contract is terminated automatically and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1."

By force majeure is meant any event that the Parties could not reasonably foresee and control at the time of accepting these T&Cs, and which is therefore unavoidable, unforeseeable and irresistible, in particular fire, epidemic, pandemic, explosion, earthquake, bandwidth fluctuations, default attributable to the access provider, failure of transmission networks, collapse of installations, unlawful or fraudulent use of the passwords, codes or references provided to the Client, computer hacking, flood, power failure, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of the Parties.

If such a force majeure event were to occur, the Party affected by this event must immediately warn the other Party by notifying them within five (5) days of the occurrence of the said event. Performance of the services will then be suspended for the duration of the event. As soon as it has ended, the prevented Party will notify the other and must immediately resume performance of the services.

Beyond a period of fifteen (15) working days from the occurrence of the force majeure, the other Party may choose to terminate these T&Cs, by notification to the prevented Party, and this without compensation.

18. Termination, suspension and account closure

Termination for breach

These T&Cs may be terminated automatically by either Party in the event of non-performance by the other of one of its obligations, after formal notice sent by registered letter with acknowledgement of receipt, or electronically with acknowledgement of receipt, which has remained without effect for thirty (30) days.

In the event of a serious breach, and in particular in the cases listed below, termination or suspension may take place immediately, without notice or prior formal notice.

Termination or suspension at Check Boat's initiative

Check Boat may, at any time, without compensation and without its liability being engaged, suspend, limit or terminate an Owner's or a Professional's access and close their account, in particular in the following cases:

• breach of these T&Cs, the ToU or any Platform rule;
• false, incomplete, outdated or misleading information, identity theft or fraud;
• failure, expiry or non-compliance of the required supporting documents (in particular Kbis extract, insurance certificate, diplomas or qualifications), or non-compliance with a legal, tax, social, professional, insurance or regulatory obligation;
• non-payment, payment incident, abusive chargeback or attempt to circumvent the Platform;
• abusive, insulting, threatening or fraudulent behaviour, or any act undermining the security, integrity or reputation of the Platform or its Users;
• non-performance, poor performance or repeated incident affecting the Missions;
• force majeure event continuing under the conditions provided for in these T&Cs;
• request from an administrative or judicial authority, request from the payment provider, or performance of a legal obligation;
• cessation of activity, removal from the legal registers or cessation of payments of the Professional, subject to the mandatory provisions applicable to insolvency proceedings (safeguard, reorganisation or judicial liquidation), the continuation of contracts in progress falling, where applicable, to the sole decision of the administrator or judicial liquidator.

Effects of termination

Termination or closure of the account does not call into question the obligations arising previously, in particular as regards payment, Dispute, invoicing, taxation and document retention.

Missions validated and pre-paid in progress on the date of termination are, as far as possible, carried out to completion or settled in accordance with the T&Cs.

Check Boat may not be held liable for the consequences, for a User or for a third party, of a termination, suspension or account closure duly implemented pursuant to this article. The operational procedures for suspending and closing accounts are specified in the ToU.

19. Intellectual property

All the elements that make up the Platform, and in particular the trademarks, logos, texts, data, drawings, graphics, photos, animations, sounds, computer codes, layouts, assemblies of all or part of an element of the site, are and remain the property of Check Boat or its rights holders.

The reproduction of all or part of the Platform or the elements that make it up on any medium whatsoever is strictly prohibited, except with the express prior authorisation of Check Boat. Reproduction is authorised solely for information purposes for personal and private use. As a general rule, any reproduction must imperatively mention the name of its author.

All the content of the Platform (images, texts, database, etc.) is subject to the French and international legislation in force regarding intellectual property (copyright, trademark law, database rights, etc.).

If the User finds that elements published on the site infringe copyright or other protected rights, please contact Check Boat via the contact form or at the postal address 4 route du Moulin Neuf, 17220 Saint-Médard-d'Aunis.

Furthermore, it is recalled that, in accordance with Article L.342-1 of the French Intellectual Property Code, the downloading of all or a quantitatively substantial part of this database by means of robots or any other automatic extraction process is strictly prohibited.

20. Non-assignment of the general conditions

Except with the prior written agreement of the Parties, the benefit of these T&Cs may not be assigned by either Party to a third party.

21. Entirety of the general conditions

These T&Cs express the entirety of the agreement reached between the Parties. They replace any prior agreement of the Parties having the same purpose.

The fact that either Party does not, at a given time, avail itself of any of these conditions of the T&Cs may not be interpreted as a waiver of the right to subsequently avail itself of any of these conditions.

22. Nullity

The nullity of one of the clauses of these T&Cs does not entail the nullity of the whole and, generally, if one or more stipulations of the T&Cs are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

The Parties then agree to replace the clause declared null and invalid with a clause that most closely relates, in its content, to the clause initially agreed, and in view of the initial intention of the Parties, in particular so as to maintain the economic balance of the T&Cs.

The same principles will apply in the event of incomplete provisions.

23. Electronic proof

The exchanges, validations, clicks, notifications, Quotes, acceptances, Pre-payments, Mission validations, invoices, attachments, messaging histories and technical logs kept by Check Boat may constitute evidence. The electronic acceptance of a Quote, a Mission or a particular condition constitutes a commitment by the User under the conditions provided for by applicable law.

24. Modification of the T&Cs

Each Mission is governed by the T&Cs in force and accepted by the Owner on the day of its validation and Pre-payment, the acceptance being collected on the occasion of each Mission. Subsequent modifications of the T&Cs have no effect on Missions already validated, which remain governed by the version accepted at the time of their validation.

Check Boat may change these T&Cs, in particular to take account of changes in its services and features, applicable regulations or its technical, economic or security constraints. Users are informed of any substantial modification, before it comes into force, by any appropriate means, in particular by posting on the Platform and by email to the address provided.

The modified T&Cs come into force on the date indicated in the notification. Upon their first connection following this entry into force, the User is invited to expressly accept the new version of the T&Cs by means of a dedicated message displayed on the Platform. Access to the features requiring acceptance of the T&Cs, and in particular the validation of any new Mission, is subject to this acceptance. The User who refuses the new T&Cs may stop using the Platform and close their Account, free of charge, without this affecting Missions already validated, which remain governed by the version accepted at the time of their validation.

In accordance with Regulation (EU) 2019/1150 of 20 June 2019, any modification of these T&Cs applicable to Professionals is notified on a durable medium, subject to a notice period that may not be less than fifteen (15) days, or a longer period where the implementation of the modifications requires technical or commercial adaptations. The Professional may terminate before the expiry of the notice period; the transmission of new content or the validation of a new Mission during the notice period constitutes a waiver thereof. The notice period does not apply where the modification results from a legal or regulatory obligation, or is necessary to address an unforeseen and imminent danger relating to security or fraud.

25. Applicable law, mediation and competent jurisdiction

These T&Cs, as well as their validity, performance or non-performance and interpretation, are governed by French law.

Prior to any litigation, the Parties will endeavour to resolve amicably any dispute that may arise between them in relation to these T&Cs.

To this end, the Owner or the Professional is invited to send their complaint to Check Boat via the contact form in order to seek an amicable solution.

Consumer mediation. Where a dispute arises between a consumer Owner and Check Boat regarding the services provided by Check Boat, and in the event of failure of their prior complaint, the consumer Owner has the option of resorting free of charge to the consumer mediator to which Check Boat adheres:

Competent jurisdiction. Failing an amicable resolution:

• Where the Owner has the status of consumer, they may, in accordance with Article R.631-3 of the French Consumer Code and Article 42 of the French Code of Civil Procedure, bring the matter, at their choice, before the court of the place where they resided at the time of the conclusion of the contract or of the occurrence of the harmful event, the court of the place of performance of the service, or that of the place where the defendant resides. They may also opt for the Commercial Court or the Judicial Court;
• For disputes between Professionals or between a Professional and Check Boat, as well as for any dispute between an Owner acting in a professional capacity and Check Boat, exclusive jurisdiction is attributed to the Commercial Court of La Rochelle, within the jurisdiction of Check Boat's registered office, even in the event of a plurality of defendants or a warranty claim, unless a mandatory provision provides otherwise.

Annex 1 — Withdrawal form

This form is to be completed and returned only if the consumer Owner wishes to withdraw from the Mission, subject to the exclusions or limits on the exercise of the right of withdrawal provided for in article 10 of these T&Cs.

To the attention of the Professional concerned [details indicated on the Platform and on the Quote]:

I hereby notify you of my withdrawal from the contract relating to the Mission below:

• Mission reference: ............................................................
• Ordered on / carried out on: ......................................................
• Owner's name: ................................................................
• Owner's address: ...........................................................
• Date: ............................................

Signature (in the case of notification on paper):

Annex 2 — Invoicing mandate template

This mandate is concluded between the Professional (the "Principal") and the company Check Boat (the "Agent"), in accordance with Article 289, I-2 of the French General Tax Code and with BOI-TVA-DECLA-30-20-30.

The Principal gives the Agent a mandate to draw up, in their name and on their behalf, the invoices corresponding to the Missions carried out through them on the Platform, as well as to transmit and, where applicable, archive them.

The Principal remains solely responsible for their obligations regarding VAT, mandatory mentions, numbering, accounting and declarations.

The Principal undertakes to verify each invoice issued on their behalf and to report any anomaly without delay; they are deemed to have accepted the invoice failing contestation within a reasonable period.

The Principal keeps a copy of each invoice and remains bound by the applicable retention obligations.

This mandate may be terminated by either party under the conditions specified on the Platform; in the event of termination, the Professional draws up their own invoices.

Done by electronic acceptance on the Platform, on the time-stamped date of acceptance.