Terms for Agents

1.1 The contracting parties are Phaer AG, Grabenstrasse 15A, 6340 Baar, Switzerland, UID CHE-112.167.765, with its product Go2Boat (“Go2Boat”), and the person or company that accepts these terms in the Agent Cockpit (“Agent”).

1.2 The Agent brings guests to Go2Boat and receives a commission for this if the guest books via Go2Boat and starts the booked time on board. This is a brokerage contract (Art. 412 et seq. CO).

1.3 The Agent works independently. The Agent is neither an employee nor a representative of Go2Boat or of the providers. The Agent concludes no contracts in their name, accepts no money from guests and makes no promises that are not on the platform.

1.4 The Agent is free: no minimum turnover, no fee, no exclusivity. The Agent may also work for others.

2.1 The Agent registers with true information and provides the required proof (ID and, for companies, an extract from the commercial register). Go2Boat checks the information and decides at its discretion on activation.

2.2 For payouts, the Agent opens a Stripe Connect account and accepts Stripe’s terms. Stripe carries out the identity verification for payouts.

2.3 Login is via the Agent’s email address. The Agent protects this access and does not share it. Actions taken via the Agent’s access are deemed to be the Agent’s own.

2.4 If the Agent’s details change, the Agent updates them in the Cockpit within 7 days.

3.1 The Agent sees and arranges all boats that guests also see on the platform. The Agent receives:

• personal links and QR codes for any search, region and boat;
• a storefront at go2boat.com/a/{name} with profile and selection;
• the offer builder and the personal selection for a guest (2–5 boats, with note, live availability and price);
• the widget for the Agent’s own website (section 8);
• the Cockpit with clicks, enquiries, bookings, attributed guests and commissions.

3.2 First to book gets the boat. Offers and selections reserve nothing. If a boat is taken, the guest sees this in the offer and the Agent is notified immediately.

3.3 Prices and availability come from the providers or their booking systems. The Agent does not change them and does not quote the guest any price other than the one shown.

3.4 Texts suggested by the AI copilot are drafts. The Agent reviews them and is responsible for what the Agent sends.

3.5 Go2Boat may develop or change the tools or discontinue individual functions.

4.1 The Agent receives a share of the commission Go2Boat earns on the booking. The guest does not pay more as a result.

4.2 The share depends on the booking turnover arranged in the last 12 months, i.e. the booking price of the started bookings attributed to the Agent, excluding pass-through items. The levels (Agent, Partner, Premium Partner) with their turnover thresholds and shares are set out in the «Conditions Sheet». It forms part of this contract and is available in the Agent cockpit after registration and before these terms are accepted. The level changes automatically. The level on the day of booking is decisive. Bookings attributed only via link, QR code, widget or code at checkout (section 5.1 rule 3, no offer opened) earn the link share set out in the Conditions Sheet.

4.3 Entitlement: In derogation from Art. 413 CO, the commission arises only once (a) the booking is attributed to the Agent under section 5, (b) the guest has started the booked time on board and (c) Go2Boat has received its commission for this booking. If a booking is cancelled before the booked period starts, no commission arises. The share is calculated on Go2Boat’s net commission on this booking as set out in the Conditions Sheet, excluding pass-through items.

4.4 No commission for:

• bookings by the Agent, the Agent’s relatives or persons and companies close to the Agent or controlled by the Agent;
• bookings at a provider’s “own customers” rate;
• bookings that come about through deception, fake clicks, cookie manipulation or a breach of these terms.

4.5 Agent refers Agent: For each new Agent whom the Agent refers via their invitation link, the Agent receives a one-off bonus as set out in the Conditions Sheet once the started bookings of the referred Agent have reached the booking turnover set out in the Conditions Sheet. There is only this one level, no ongoing share in the referred Agent’s bookings and no entry fee. Self-referral and referral of relatives are excluded.

4.6 The commission includes any VAT owed by the Agent. The Agent bears taxes and social security contributions on their commission under the law of their country.

4.7 Go2Boat announces changes to shares, levels or bonuses at least 30 days in advance in the Cockpit and by email. They apply only to bookings received after they take effect.

5.1 A booking is attributed to the Agent under the first applicable rule:

1. Commission protection: A guest is attributed to the Agent as soon as the guest has opened an offer created by the Agent and the Agent’s account has been checked. From that moment, the Agent’s commission on every booking of this guest is secured for 180 days, even if the guest later books directly with Go2Boat. Each offer and each booking via the Agent extends the period. The attribution establishes a claim to commission; the booking, customer data and customer relationship remain with Go2Boat. Go2Boat’s records are decisive.
2. Repeat booking: The guest has booked via the Agent within the last 24 months.
3. Code or link: The guest entered the Agent’s code at checkout; otherwise the last link of an Agent within 30 days before the booking counts.

5.2 The Agent enters only guests with whom the Agent is actually in contact and who agree to their data being passed on to Go2Boat. A maximum of 50 entries per day is possible.

5.3 Booking missing? If the Agent believes a booking belongs to them, the Agent reports it in the Cockpit within 60 days of the start of the booked period. The office decides within 5 working days and gives reasons for its decision.

5.4 A booking has no more than one guest Agent. Go2Boat pays any further shares (Network Partner, Scout) out of its own portion. They never reduce the Agent’s share.

6.1 The Cockpit shows each commission at all times with booking, amount and status (open, due, paid out). It serves as a running statement.

6.2 Go2Boat pays out commissions due automatically via Stripe Connect as soon as the Agent’s Stripe account is ready. Without a Stripe account, Go2Boat pays by bank transfer within 30 days of the due date.

6.3 On request, the Agent receives an annual certificate of their commissions.

6.4 If a booking is subsequently refunded, charged back or identified as abusive, Go2Boat may set off the commission overpaid against future commissions or reclaim it.

6.5 The Agent must raise any objections to a statement within 60 days. After that, it is deemed approved.

7.1 The Agent advertises honestly. The Agent promises nothing that is not on the platform (e.g. discounts, guarantees, equipment) and uses no unsubstantiated claims, false scarcity or pressure.

7.2 The Agent complies with advertising law, in particular no mass advertising without the recipients’ consent (Art. 3(1)(o) UCA, GDPR), and labels paid posts on social media as advertising.

7.3 Trade mark: The Agent may use the name and logo “Go2Boat” only in accordance with the guidelines in the Cockpit, to refer to Go2Boat. Without Go2Boat’s express consent (email suffices), the following is prohibited: ads on search terms containing “Go2Boat” or similar spellings, domains or profile names containing “Go2Boat”, and giving the impression of being Go2Boat or one of its employees.

7.4 The Agent does not accept payments from guests for bookings made via Go2Boat.

7.5 No circumvention: The Agent does not refer guests whom the Agent leads to a boat via Go2Boat to the provider bypassing the platform, and makes no side agreements with providers about boats the Agent came to know via Go2Boat. In the event of a breach, the commissions from the bookings concerned lapse, and Go2Boat may claim damages.

7.6 The Agent communicates with providers via the platform.

8.1 For the term of this contract, Go2Boat grants the Agent a simple, free-of-charge right to embed the widget on the Agent’s own websites. The Agent selects region, boats, language and colour in the Cockpit.

8.2 Search, booking and payment run via Go2Boat. The Agent does not alter the widget, prices or content and does not claim to be the provider or the intermediary of the contract for the boat and services.

8.3 The Agent is responsible for their website, in particular for its legal notice, privacy policy and cookie consent. The Agent states in their privacy policy that the widget is provided by Go2Boat.

8.4 Go2Boat may change the widget technically and switch it off on websites that breach the law or these terms.

9.1 In the Cockpit, the Agent sees only the guests attributed to them, their offers, bookings and commissions, and no data of other Agents.

9.2 Go2Boat processes guests’ data as an independent controller under its privacy policy. The Agent uses data seen in the Cockpit only to advise the guests attributed to them and does not pass it on.

9.3 Both parties treat the other party’s non-public information as confidential, also after the contract ends.

10.1 Go2Boat is not liable for the providers’ services, for the availability of individual boats or for whether an enquiry arranged by the Agent leads to a booking.

10.2 Go2Boat does not warrant uninterrupted availability of the platform and the tools. For outages or errors in attribution, Go2Boat is liable only for intent and gross negligence. Go2Boat restores a demonstrably lost attribution under section 5.3.

10.3 The Agent indemnifies Go2Boat against third-party claims based on the Agent’s advertising, promises, website or a breach of these terms.

11.1 The contract begins on acceptance of these terms and runs for an indefinite period.

11.2 Either party may terminate at any time on 30 days’ notice; the Agent may also do so in the Cockpit.

11.3 Either party may terminate without notice for good cause. For Go2Boat, this is the case in particular for false information, self-bookings to obtain commission fraudulently, manipulation of links or clicks, circumvention, misleading advertising or trade mark infringement. In the event of specific suspicion, Go2Boat may block the account and commissions due until the matter is clarified, and gives reasons for doing so.

11.4 After the contract ends, the Agent receives the commission for bookings received before the contract ended whose booked period starts afterwards, except in the case of termination for good cause for which the Agent is responsible. Commission protection, links, storefront and widget end with the contract.

12.1 Go2Boat announces changes at least 30 days before they take effect, in the Cockpit and by email.

12.2 The Agent confirms the new version in the Cockpit or terminates before it takes effect. Until confirmation, the Agent cannot create new offers in the Cockpit; attributions via the Agent’s links and attributed guests continue. Bookings received before then remain subject to the previous version.

13.1 These terms are accepted electronically in the Cockpit. Go2Boat stores the full wording, its checksum, the time, IP address and name, and sends a PDF copy by email. The parties recognise this acceptance as binding (Art. 11 CO, freedom of form) and the stored data as evidence.

13.2 The German version is authoritative. In the event of discrepancies in another language, the German version prevails.

13.3 If any provision is invalid, the remainder remains valid. It is replaced by a provision that comes closest to its purpose.

13.4 The Agent may transfer rights and obligations only with Go2Boat’s consent. Go2Boat may transfer the contract to a company that takes over the platform.

13.5 These terms are governed by Swiss law, excluding its conflict-of-laws rules. Mandatory provisions at the Agent’s place of residence or registered office remain reserved.

13.6 The place of jurisdiction is Baar (Canton of Zug), Switzerland. Go2Boat may also sue the Agent at the Agent’s place of residence or registered office.