7. Prohibited Conduct
Guests and Charters approve:
They do not use this Website to upload or spread in any way files containing viruses, corrupted files, or any other equal software or programs that may damage the operation of another's computer;
They do not obstruct or disrupt this Website or any networks connected to this Website;
They do not use any software, device or routine or attempt to obstruct with the appropriate functioning of this Website or any transactions being offered at this Website;
They do not make any operation that force an unreasonable or disproportionately large load on the Service Provider infrastructure;
They do not use this Website to gather or harvest personal information, like, without any restriction, financial information, about other attendees at this Website; and
they do not embody any person or entity or falsely state or otherwise distort the Charters or Guests affiliation with a person or entity.
Charters and Guests approve not to use the services, products or downloads obtainable on this Website for illegal purposes, and to consent all regulations, policies and procedures of networks connected to this Website. Charters and Guests that neglect the Terms and Conditions may be expelled of the service.
8. Compliance with Laws
Guests and Charters shall agree with all applicable laws and regulations of the Federal Republic of Germany and foreign countries relating to any service, product, or download associated with this Website. Guests ensure that they agree to every legal requirement to use the services and the Listings. If Services are listed on this Website, this does not mean, that every potential Guest has the possibility to use every listed Services.
9. Age and Responsibility
The Guests and the Charters declare that they are of adequately legal age to make binding legal obligations and to be responsible for any contractual and/or financial liabilities that may occur as a result of the usage of this Website. Guests and Charters acknowledge that they are financially responsible for all uses of this Website and/or those using their login name and password. The Service Provider must be informed and contacted immediately, if a Guest or a Charter has lost or has noticed that an unauthorised person may have access to the login name and/or password.
10. Posting of Digital Files and/or Communications
If, at any time, this Website should supply any service which allows Charters or Guests or any other third parties to post digital files and/or to communicate with, or otherwise share information with other persons, you approve not to display, distribute, submit, publish or otherwise communicate any improper, threatening, offensive, defamatory, inaccurate, or illegal material while you are connected to or otherwise directly or indirectly use this Website or any other services supplied to you by the Website. The forwarding of this material or any material that violates any law in the Federal Republic of Germany or anywhere else in the world is strictly prohibited and shall constitute a material breach of this Terms and Conditions authorising the Service Provider to instantly conclude all rights to access to this Website. You are exclusively liable for all information, which you display, disseminate, submit, publish or otherwise communicate through this Website even if a claim should arise after termination of service. You approve, that all messages and other communications posted by you shall be considered to be immediately accessible to all other Guests/subscribers who are entitled to access this Website and you approve that all these messages and other communications shall not be considered to be private or secure, if this Website provides any of these service described herein.
Neither Charters nor Guests are permitted to disclose personal information and contact details including but not limited to their surnames, emails, personal or business websites, skype or other VoIP IDs via the messaging platform of our Website. Messages including this information will be edited and the malapropos information will be deleted or hidden. Repeated breach of this term can result in permanent or temporary termination of the service provision. Irrespective of whether this Website provides any kind of service indicated herein, you approve that you have been informed and noticed that any and all messages and other communications which you either as a Charter or as a Guest send through or directly to this Website can be seen and read by the operators and/or other agents of this Website, whether or not they are the intended recipient(s). You approve to be personally responsible and indemnify and fully defend this Website. You agree that you are personally liable to the Service Provider for any and all damages directly, indirectly and/or consequentially resulting from your attempted or factual sharing of information or communications with any others through this Website alone, or with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from sharing of information or communications with others through this Website including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
11. Copyrights
The copyright in all material provided on this Website is owned by the Service Provider or by others. This Website comprises proprietary information and you as a Charter or as a Guest approve and acknowledge that this is protected by applicable intellectual property and other laws. You further approve and acknowledge that information posed to you through this Website, including text, logos, graphics, images, icons and software, and the arrangement and compilation of such content, are the property of the Service Provider or their content suppliers or others and is protected by copyrights, service marks, patents, trademarks or other proprietary rights and laws. By placing them on this Website the Service Provider does not warrant any authorization or license to any user of its copyrightable material or other intellectual property. None of the material may be copied, republished, reproduced, distributed, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Service Provider or the copyright owner, except as described herein. If you may print a copy of the information on this Website for your personal, non-commercial internal use or records, you may not amend the materials and you approve to maintain all copyright and other proprietary notices contained in the materials. This permission does not give you any ownership rights in the information and terminates automatically if you violate any of these Terms and Conditions. If you utilize this Website in any other way as provided herein, you may breach copyright and other laws of the Federal Republic of Germany and/or copyright and other laws of other countries and may have to pay penalties.
12. Trademarks
The used and displayed trademarks, service marks, and logos (the "Trademarks") on this Website are registered and unregistered Trademarks of the Service Provider and others. Without the written permission of the Trademark owner, nothing on this Website should be understood as imparting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Website. The Service Provider offensively enforces their intellectual property rights to the fullest dimension of the law. Without prior, written permission the Trademark(s) may not be used in any way, including in advertising or publicity regarding to distribution of materials on this Website. The Service Provider forbid the use of any of the preceding names or marks as a metatag or as a "hot" link to any site unless the Service Provider agrees to establishment of such a link in advance in writing. Please contact the Service Provider if you have any questions relating to any Trademarks on this Website.
13. Links
This Website may comprise links to other Internet sites. The Service Provider is not liable for the disposability of such sites and does not support and is not responsible or liable for any content, products or other materials available on any such sites. Links to external web sites do not express an endorsement by the Service Provider of those sites or the sponsors of such sites or the content, advertising, products or other materials posted on these sites. The Service Provider reserves the right to delete any link or linking program at any time. The Service Provider does not draft, edit, or supervise these unofficial pages or links. You further approve and acknowledge that the Service Provider shall not be liable, directly or indirectly, for any damage or loss produced or alleged to be caused by using or in connection with the usage of or reliance on any information, services available on or through this Website. If you want to access any of the third party sites linked to this site, it is entirely at your own risk.
14. Participation in Promotions of Advertisers
As a Charter or as a Guest you may get into correspondence with or participate in promotions of advertisers promoting their products or services on this Website ("Advertisers"). You approve and acknowledge that any such contact or participation, including the notification of and the payment for wares and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are only between you and Advertiser. The Service Provider shall have no responsibility, obligation or liability arising out of or in connection with any such correspondence or participation or transactions.
15. Prizes and rewards
Visitors to the website and Guests agree that the Service Provider, in their sole discretion, may award rewards and prizes to them as they see fit and we will do not need to justify the methodology behind its decisions. The prizes and rewards supplied are not redeemable for cash and the Service Provider reserves the right to cancel, withdraw or alter any such rewards and prizes at its sole discretion without any justification required.
16. Monitoring
You agree that the Service Provider or their designee’s have the right to, and may (from time to time) monitor any and all operations or information transmitted or obtained through this Website. The Service Provider in their solely discretion and without further announcement, may (but is not committed to) review, censor or prohibit any operation or the transmission or receipt of any information which appear inappropriate to the Service Provider (such as specified above) or that breaches these Terms and Conditions. In occasion of monitoring, information may be copied, proved, recorded, and used for authorized purposes. The authorised or unauthorised usage of this Web site constitutes consent to such monitoring. Unauthorised uses and unauthorised users of this Website will be prosecuted to the full dimension of the law.
17. NO WARRANTIES
THIS WEBSITE AND ALL INFORMATION COMPRISED ON THIS WEBSITE, AND EXCEPT TO THE EXTENT PARTICULARLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT AND THE SERVICES RECEIVED THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS FROM THE SERVICE PROVIDER AND THEIR INFORMATION PROVIDERS, THE SERVICE PROVIDER AND THEIR AFFILIATES AND CONTENT PROVIDERS MAKE NO INTERPRETATION OR GUARANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THESE TERMS AND CONDITIONS, THE SERVICES AVAILABLE ON THIS WEBSITE, THE PERFORMANCE UNDER THESE TERMS AND CONDITIONS, THE OPERATION OF THE SOFTWARE OBTAINABLE ON THIS WEBSITE, THE OPERATIONS ACCOMPLISHED ON THIS WEBSITE, OR THE CONTENT, INFORMATION AND MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST DIMENSION ACCEPTABLE BY APPLICABLE LAW, EACH OF THE SERVICE PROVIDERS AFFILIATES, EMPLOYEES, AGENTS AND CONTENT PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE AND/OR NON-INFRINGEMENT. NONE OF THE SERVICE PROVIDERS OR THEIR AFFILIATES OR CONTENT PROVIDERS MAKE ANY WARRANTY THAT, WITHOUT LIMITING THE PRECEDENT,
- THE SERVICES PROVIDED ON THIS WEBSITE WILL MATCH TO YOUR DEMANDS,
- THE SERVICES PROVIDED ON THIS WEBSITE WILL BE SUSTAINED, TIMEOUS, SECURE, OR ERROR-FREE,
- THE RESULTS THAT MAY BE RECEIVED FROM THE USAGE OF THE SERVICES WILL BE PRECISE OR DEPENDABLE,
- THE INFORMATION OR CONTENT OBTAINABLE ON THIS WEBSITE IS ENTIRE, ACCURATE OR AVAILABLE, OR
- THE QUALITY OF SERVICES, INFORMATION, OR OTHER MATERIAL ACQUIRED OR RECEIVED BY YOU AS A HOST OR AS A VISITOR THROUGH THE SERVICES WILL MATCH YOUR DEMANDS.
NO INFORMATION OR ADVICE, WHETHER VERBAL OR WRITTEN, RECEIVED BY YOU FROM THE SERVICE PROVIDER OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT PARTICULARLY MADE HEREIN.
18. LIMITED LIABILITIES
THE SERVICE PROVIDER AND AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGE OF BUSINESS, DISRUPTION OF BUSINESS, DAMAGE OF USE, LOSS OF DATA, LOST PROFITS OR COMPANY VALUE, OR OTHER INDIRECT, SPECIAL, SUBSIDIARY, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHICH ORIGINATE OUT OF THIS AGREEMENT, EVEN IF THERE HAS BEEN A CONSULTING OF THE EVENTUALITY OF SUCH DAMAGE OR LOSS AND WHETHER OR NOT THEY HAD ANY ACTUAL OR CONSTRUCTIVE KNOWLEDGE THAT SUCH DAMAGES MIGHT BE SUFFERED, AND NONETHELESS ANY FAILURE OF SUBSTANTIVE PURPOSE OF ANY LIMITED RELIEF, EXCEPT STARK CARELESSNESS AND PHYSICAL INJURIES REGARDING TO CONSUMERS. THIS EXCLUSION INCLUDES ANY RESPONSIBILITY OR LIABILITY THAT MAY OCCUR OUT OF THIRD-PARTY CLAIMS AGAINST YOU AS A HOST OR AS AVISITOR.
THE SERVICE PROVIDER AND OR THEIR DIRECTORS, AND/OR THEIR SERVANTS, AND/OR THEIR OFFICERS, AND/OR THEIR AGENTS AND/OR THEIR SHAREHOLDERS SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY IN CASE OF INJURY OR DEATH OR DAMAGES OR CANCELLATION OF BOOKINGS OR DELAYS CAUSED BY A HOST TO THE VISITORS OF THE WEBSITE BECAUSE OF THE HOSTS ACTS, OMISSIONS WHETHER NEGLIGENT OR OTHERWISE OR HOWEVER CAUSED.
THE SERVICE PROVIDER, AND/OR THEIR OFFICERS, AND/OR THEIR DIRECTORS, AND/OR THEIR AGENTS, AND/OR THEIR SERVANTS, AND/OR THEIR SHAREHOLDERS SHALL NOT HAVE ANY LIABILITY OR LIABILITY IN CASE OF LOSS, DAMAGES, ECONOMIC LOSS HOWEVER CAUSED BY THE VISITORS OF THE WEBSITE TO THE HOST OR TO A LISTING.
19. Refundable booking
The Service Provider offers a Refundable Booking option to provide flexibility in case circumstances change. You can receive a full refund for your booking if you are unable to attend up to 24 hours before embarkation due to reasons such as illness, injury, pregnancy complications, death of an immediate family member, flight disruptions, adverse weather, theft of documents, redundancy, jury service, court summons, armed forces and emergency services recall, work relocation, and changes to examination dates. We may consider other emergency circumstances as well.
Please review the General Conditions of Refund and specific reasons section here for detailed information on what is eligible for a refund. However, refunds are not available if you made the booking by mistake if the provider cancels or cannot fulfil the booking, or if your travel plans are affected by COVID-19 restrictions.
To request a refund, use the "Support" section on our website or email us within 60 days after the check-in date. We may ask for additional evidence, and the maximum refund amount is 10,000 USD or the equivalent in your local currency. We strive to process refunds quickly, but processing time may vary depending on your bank and seasonal factors.
Please note that certain reasons are not eligible for refunds, such as natural disasters, acts of war, legal issues, appointments, bookings from restricted locations, and bookings exceeding 18 months from the originally booked date.
These refund terms are discretionary and do not guarantee a refund. The Refundable Booking is an optional extension to our standard Terms & Conditions and is not an insurance policy. The refundable reservation premium can be added up to 7 days after booking acceptance and is non-refundable.
20. Whatsapp
If WhatsApp is used as a communication channel, personal data is processed by WhatsApp. WhatsApp is not a contractual partner of the Service Provider. Therefore, data processing for the transmission procedure takes place exclusively in accordance with the WhatsApp data protection declaration, which can be viewed in the WhatsApp user account.
WhatsApp is obliged to comply with the data protection regulations. Due to the WhatsApp group structure, it may happen that personal data is transferred to a country outside the EU, Which may not have a comparable level of data protection to the EU states. in such cases, WhatsApp shall take reasonable measures to ensure data security.
It is also noted that WhatsApp messages are equipped with end-to-end encryption which, according to WhatsApp information, prevents the content of a message (e.g., a passport photo) from being viewed or evaluated to determine particular types of personal data.
As a guest, before using WhatsApp, you should read the data protection statement. If you do not agree with WhatsApp's data processing, you should not use it but rather call or email us. More information here.
https://www.whatsapp.com/legal/updates/privacy-policy/?lang=en
21. Sponsored Listings
The Charter can purchase a Sponsored Listing slot to increase the visibility of their fleet by having their sponsored boat ranked higher on search pages. The following terms apply when purchasing a sponsored listing slot:
- Sponsored listings are subject to availability and are rotated with other sponsored listings.
- Sponsored listings will be displayed at the top of the search results page on a rotational basis with other sponsored listings, but not necessarily in any specific order.
- Sponsored listings will remain visible for a minimum of 30 days.
- The Charter may choose which boat to feature as a sponsored listing.
- Sponsored listings cannot be cancelled or refunded once payment is made.
- The Charter must provide accurate and up-to-date information for their boat listing.
- The Charter is responsible for ensuring that their boat listing complies with all applicable laws and regulations, including intellectual property laws.
- The Charter agrees to indemnify and hold the Service Provider harmless from any claims, damages, or expenses arising from their sponsored listing.
- The Service Provider reserves the right to remove any sponsored listing that violates these terms and conditions or any applicable laws or regulations.
Sponsored listings do not guarantee any specific level of impressions, requests or bookings.
22. Indemnity
The Charter and/or the Guest shall defend, indemnify and hold harmless the Service Provider and their content providers and their respective shareholders, employees, agents, affiliates, successors, officers, and assigns, from any claims, suits, losses, demands, liabilities, costs and expenses (including accounting and attorney fees) that they may suffer or incur occurring from
- the usage (either as a Charter or Guest) of the software obtainable at or downloaded from this Website,
- the failure (either as a Charter or Guest) to follow with any applicable laws and regulations or to receive any licenses or approvals from the responsible government agencies essential to provide or to be provided with any services,
- the usage (either as a Charter or Guest) of the content obtainable on this Website in any way against these Terms and Conditions
- the breach (either as a Charter or Guest) of any warranties, representations or obligations described in these Terms and Conditions,
- the sale, disposition, purchase, transportation, delivery, utilization or of any of the Service Provider’s services, or download related with this Website or obtainable through other sites, or any loss incur by or harm to any person or property in any way associating to or caused in whole or in part by your usage of this Website or any service, or download related with this Website (this includes, without limitation, any personal injuries or death of any third person caused in whole or in part by these services, the usage, storage, transportation, delivery, handling or release thereof),
- any charges allocable to the relating to any service, or download associated with this Website, and
- the breach or violation of the copyright law, especially in the usage of pictures, photos, drawings, logos, graphics, icons, texts or images uploaded on the Website.
The contractor (customer) acknowledges and agrees that in the case of default, the creditor accruing dunning and collection costs, if they are necessary for appropriate legal action to replace, in which he obliged the special, max to replace the remuneration of the switched-collection agency.
23. Beneficiaries of this agreement; No other agreements
The rights and limitations described in these Terms and Conditions are in support of the Service Provider. The Service Provider shall have the right to establish his rights hereunder directly and on his own behalf.
24. Termination
As a Charter or as a Guest you acknowledge and agree that the Service Provider may refuse your access to the Website at his sole discretion and deselect any login name and password related with you as a Charter or as a Guest for any reason, including and without limitation, that the Service Provider believes that you have harmed or acted contradictory to these Terms and Conditions. The Service Provider reserves the right to amend or discontinue, temporarily or permanently, the services provided on this Website (or any part of it) with or without an announcement, at any time and occasionally. You acknowledge and agree that the Service Provider shall neither be responsible nor liable for any amendment, suspension or discontinuance of the services provided on this Website.
25. FORCE MAJEURE
The Service Provider will not be responsible or liable for any changes caused by natural disasters, threats of war, weather conditions, industrial or labour disputes or any equal event(s) beyond our control.
26. APPLICABLE LAW AND JURISDICTION
This agreement shall be construed and interpreted and governed in compliance with the laws in the Federal Republic of Germany and both parties submit to the jurisdiction of the courts of the Federal Republic of Germany. The sole exception to the place of jurisdiction is consumers.
BY ACCESSING ON OR USING ANY SERVICE PROVIDED ON THIS WEBSITE YOU CONFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET HEREIN ABOVE IN THIS AGREEMENT, PLEASE EXIT THIS SITE.
This document was last updated on April 01, 2023