These terms and conditions (the “Terms”) govern your Towing Service Membership ("Membership") with BoatU.S. (“BoatU.S.”, “we,” “our,” “us”). Purchase or use of any Membership subjects the Member or user of Member's rights to the provisions of the Terms, as amended from time to time. This is not an insurance contract.
These Terms and this Towing Service Agreement are not a promise of rescue or service and are restricted to Towing Benefits which can be provided with equipment immediately available to the Service Provider. Services will be provided within the safe parameters of the Service Provider’s capabilities, as exclusively determined by the Service Provider. Member acknowledges that Service Provider has the authority to decline to provide services when a Covered Vessel cannot be safely or reasonably reached, secured or serviced as determined within the sole discretion of the Service Provider.
Towing Service Levels: We currently provide the following towing service levels for Recreational Vessels: Unlimited Towing (available for existing Unlimited Towing Members only), BoatU.S. Freshwater Towing, and BoatU.S. Saltwater Towing. Towing Benefits vary depending on your towing service level. Membership eligibility, dues, fees, terms, services and benefits are subject to change without notice. In the event of any changes, the Terms will be updated and published at www. boatus.com.
A. Definitions – When used throughout, the following words and phrases are defined as follows:
1. Covered vessel is a Recreational Vessel that becomes Disabled while being operated, or a vessel chartered, rented, leased or borrowed by the Member that becomes Disabled while being operated when the Member is on board and when that vessel’s owner is not present.
2. Disabled is when a Covered Vessel is rendered inoperable, is unable to proceed under its own power, and needs assistance.
3. Incident is an event, or a series of events, arising from the same occurrence that rendered the Covered Vessel Disabled.
4. Member is the person or persons identified on the Membership Record and for whom Towing Benefits apply in accordance with the Member’s service level.
5. Membership Record is the record affiliated with a Member, maintained by BoatU.S. and updated from time to time as necessary, which may include as applicable the Member’s name, contact information, and vessel information.
6. Non-Restricted Location is defined as a dock, mooring, or anchorage where the Covered Vessel is regularly kept, or a dock, mooring, or anchorage where the Covered Vessel has or can remain for twenty-four (24) or more hours.
7. Recreational Vessel means any motor-driven vessel legally owned, registered, licensed, and operated for recreational purposes by Member. Vessels carrying a passenger or passengers for hire are not a Recreational Vessel.
8. Salvage means any activity undertaken to assist a vessel in peril including, but not limited to, any grounding that is not a Soft Grounding; assistance requiring pumps, divers, airbags or other special equipment or more than one vessel; or vessels abandoned, wrecked, beached, on fire, damaged by fire, taking on water, sinking, sunk, previously sunk, in the surf or surf line, or in any other state of peril; in each case as determined by the Service Provider in its sole discretion.
9. Service Area is the BoatU.S. Saltwater Towing Area or BoatU.S. Freshwater Towing Area (as identified in the Membership Record) serviced by a TowBoatU.S. Licensed Towing Company (“TowBoatU.S.”) Service Provider. Service Area includes the navigable waters within twenty-five (25) continuous nautical miles of the responding Service Provider’s port. Service Areas are subject to these Terms, may vary depending on location and are subject to change at any time. Service Areas can be found online at www.boatus.com/servicelocator.
a. BoatU.S. Freshwater Towing Area is limited to inland waters in the continental United States that are not affected by tides within which Towing Benefits will be provided. These waters are either self-contained or those inland of dams and/or locks. Such Towing Benefits exclude navigable inland lakes and rivers that flow unobstructed to sea, and all waters in the state of Florida.
b. BoatU.S. Saltwater Towing Area encompasses the Coastal Waters of the Continental United States affected by tides and those navigable lakes, bays, sounds, and rivers providing unobstructed access to the sea and all waters of the State of Florida within which Towing Benefits will be provided.
10. Service Provider is any person or entity that provides a material service to a Member under these Terms as an independent contractor of BoatU.S. pursuant to an active contract with BoatU.S. A Service Provider may include TowBoatU.S. but does not include BoatU.S.
11. Soft Ungrounding means ungrounding assistance when all of the following conditions apply, as determined exclusively by the Service Provider: the Covered Vessel is (1) in stable and moveable condition, (2) not in an unsafe or hazardous location, (3) surrounded by water on all sides, and (4) can be refloated by one Service Provider vessel within fifteen (15) minutes after arrival.
12. Towing Benefits are defined in Section B.
B. Towing benefits are provided as follows:
1. Towing assistance to a port of choice within the responding Service Provider’s Service Area when a Covered Vessel becomes Disabled on the water while being operated. As an alternative to towing, where available, the Member may receive a jump start or delivery of fuel, engine fluids, or basic engine parts to avoid a tow.
2. Soft Ungrounding assistance for a Covered Vessel that became Disabled and in need of Soft Ungrounding assistance while being operated.
3. A tow for the purpose of repairs of a Covered Vessel from a Non-Restricted Location to a dock or repair facility or point of haul out within twenty-five (25) navigable nautical miles of the location where the vessel became Disabled. In all cases, the Member will receive one tow per Incident from a Non-Restricted Location. This benefit does not provide tows for seasonal haul outs/storage, routine maintenance, winterization, impending weather, or general mooring.
4. A jump start or tow for the purpose of repairs when a Covered Vessel has been at an anchorage or mooring, where the Covered Vessel is not normally kept for fewer than seven (7) calendar days. If the Covered Vessel is towed, the repair facility or point of haul out must be within twenty-file (25) navigable nautical miles of the anchorage or mooring.
C. Exclusions to towing benefits:
1. When the vessel is Disabled or grounded immediately prior to or at the time of Membership purchase, or renewal if Membership was lapsed, and is not returned to operable use or ungrounded before subsequently becoming Disabled or involved in a Soft Grounding following Membership purchase or renewal, as applicable.
2. Transfer or transport of a Covered Vessel, including between anchoring, moorings, or docks, solely for purposes of repositioning the Covered Vessel for convenience.
3. Tows from a Non-Restricted Location when a Covered Vessel is Disabled within or before the first 30 days of Membership purchase or renewal if Membership had lapsed.
4. Tows from a Non-Restricted Location when the Disabled, Covered Vessel is chartered, rented, leased, or borrowed by the Member.
5. Salvage.
6. Vessel retrieval after freeing from a storage location or place of mooring.
7. Towing a vessel from a repair facility at which it can be repaired.
8. The cost of fuel, parts, or supplies for the Covered Vessel.
9.Escort, navigation assistance (including weather related), search for lost vessels, or anchor or mooring retrieval.
10. Ungroundings at any dock or mooring.
11. Marina charges or customs fees.
12. Battery jump starts or tows resulting from a dead battery, faulty battery, or any other battery issue when:
a. A Covered Vessel is at a dock considered to be a Non-Restricted Location; or
b. A Covered Vessel is at a mooring or anchorage considered to be a Non-Restricted Location for seven (7) or more calendar days.
13. Tows for routine maintenance including, but not limited to, winterization, seasonal haul outs, spring preparation, storm preparation, and scheduled maintenance.
14. When Towing Benefits or similar services are available from another company or service.
15. For BoatU.S. Freshwater Towing Members and Unlimited Freshwater Towing Members, any services in a BoatU.S. Saltwater Towing Area.
16. Member’s or any other unauthorized individual’s personal labor, personal expenses, time, loss of income or wages, lodging, meals or travel expenses.
17. Fines, penalties, costs, fees or other charges resulting from an incident that occurs in, or requires traversal of, a marine sanctuary or other legally protected or restricted area.
18. Towing a Covered Vessel when the Member is a guest captain and the vessel’s owner is on board, or when Member is a paid captain of any vessel, or where the vessel is used for commercial purposes.
19. Any costs for multiple towing vessels or extra crew that may be required to tow a Covered Vessel. The Member may be charged for any additional expenses, services, towing vessels, equipment, or crew.
20. Any service not specifically granted as Towing Benefits or otherwise excluded or not included in these Terms and this Towing Service Agreement. The Member will be charged for such services and any other associated costs.
D. Payment – Towing Benefits are paid per Incident in accordance with the Member’s service level at the time the vessel became Disabled. Invoices must be submitted to us within 90 days of service.
1. BoatU.S. Freshwater and BoatU.S. Saltwater Towing: Pays 100% for Towing Benefits provided to a Covered Vessel within the responding TowBoatU.S. service provider’s Service Area. However, if at any point the responding TowBoatU.S. Service Provider leaves its Service Area or if the destination is greater than twenty-five (25) nautical miles from the responding towboat’s port of dispatch, the maximum payment per Incident for Towing Benefits will not exceed $3000.
2. Unlimited Towing (for existing Unlimited Towing Members only): With the exception of a tow from a Non-Restricted Location, the Unlimited Towing Membership pays 100% when Towing Benefits are provided to a Covered Vessel within the responding Service Provider’s Service Area. The Unlimited Towing Membership pays 50% of a tow from a Non- Restricted Location up to U.S.D. $2500. However, if at any point the responding Service Provider leaves its Service Area or if the destination is greater than twenty-five (25) nautical miles from the responding towboat’s port of dispatch, the maximum payment per Incident for Towing Benefits will not exceed U.S.D. $2500.
3. Applicable to all service levels: If service is not provided by a Service Provider, prior authorization from our 24-Hour Dispatch Service is required. Upon authorization from us to accept assistance from a third-party service provider, Towing Benefits are paid per Incident at the rate of up to U.S.D. $350 per hour for towing assistance and U.S.D. $15 per foot for Soft Ungroundings. In all cases, payment will not exceed the Member’s service level at the time the vessel became Disabled.
E. Additional Terms
1. Term Activation: Membership is effective at midnight in the Member’s location, as listed on the Membership Record, the day following receipt of payment and expires as shown on the Membership Record. The Member is required to maintain a current email address on file with us so we may provide you with important membership information and notifications. It is the Member’s responsibility to contact and inform Service Provider of any changes to the Member’s Membership information or contact information.
2. Your Membership is not insurance: This Towing Service Agreement is not an insurance policy and does not provide for any compensation, liability or damages arising out of damage or injury to persons, boats or property.
3. Services are provided on an “as available” basis: Services are subject to availability and can vary depending on conditions that exist at the time. Alternatives to towing may be provided in the sole discretion of the responding Service Provider. The Service Provider will exercise professional discretion which cannot be interfered with or questioned then or thereafter, and which is final and binding.
4. Evidence of ownership: Evidence of ownership of a Covered Vessel must be provided at the time of service.
5. Evidence of repairs: Evidence of repairs to a Covered Vessel resulting from prior tows or pre-existing conditions must be provided at the time Towing Benefits are requested.
6. Boats over sixty-five feet (65’): Services are subject to availability. Where more than one Service Provider vessel is required to provide services for a vessel of this size, the Member may be charged for any additional expenses, services, towing vessels, equipment, or crew.
7. Disabled vessels that cannot be serviced in the nearest Bahamas facility and require a tow back to the United States will be towed only in accordance with the following:
a. Disabled vessels located in the Bahamas may be towed from West End, Grand Bahama Island to a destination between Boca Raton, FL and Jupiter Island, FL as determined in the sole discretion of Service Provider.
b. Disabled vessels may be towed from Bimini to a destination between Homestead, FL and Boca Raton, FL as determined in the sole discretion of the Service Provider.
c. If the location at which the Covered Vessel became Disabled or point of origin of the tow is another location within the Bahamas or outside of the United States, the maximum payment per Incident for Towing Benefits will not exceed U.S.D. $3000 (U.S.D. $2500 for Unlimited Towing Members). Additionally, the Member may select an alternative destination, but the maximum payment per Incident for Towing Benefits will not exceed U.S.D. $3000 (U.S.D. $2500 for Unlimited Towing Members).
8. Terms are subject to change: Membership benefits and services, including Service Areas and Membership service levels, are subject to change without notice. In the event of any changes, the Terms and Member benefits will be updated and published at www.boatus. com.
9. Your right to cancel: You may cancel this Towing Service Agreement within thirty (30) days of activation for a refund of Member dues; however, no refund will be made if Towing Benefits have been requested or received within the first 30 days.
10. Our right to cancel: We reserve the right to immediately cancel this Towing Service Agreement without reimbursement for any reason in our reasonable discretion, including for abuse of privileges. This includes, without limitation, misrepresentation of vessel condition, excessive towing, lack of care and diligence in the operation and maintenance of the vessel, and fraud.
11. No assignment: This Towing Service Agreement may not be transferred or assigned to another party.
12. Consent to receive text messaging for dispatch purposes: By using our service, you agree to accept text messaging for dispatch purposes.
13. The BoatU.S. TRAILER ASSIST® Towing Service Agreement can be found online at www. boatus.com.