The Service Provider warrants a non-transferable, revocable and non-exclusive license to the Charters and Guests and provides the Services obtainable on this site subject to the following Terms & Conditions. THE SERVICE PROVIDER MAY MODIFY THESE TERMS & CONDITIONS FROM TIME TO TIME. CUSTOMERS WILL BE INFORMED IN ADVANCE WITH THE POSSIBILITY TO RELEASE THE CONTRACT. IF YOU DON'T RELEASE THE CONTRACT, CHANGED TERMS AND CONDITIONS WILL BE VALID. YOU CAN CHECK THE LATEST VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT http://www.12boat.com/agbs or http://www.12boat.com/terms. WHEN USING SPECIFIC SERVICES ON THIS SITE, GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES, YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH THE SERVICE PROVIDER ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH ARE ALL RELATED TO THIS TERMS & CONDITIONS. YOU APPROVE BY USING THIS SITE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LATEST VERSION OF THIS AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS SITE. IF YOU DO NOT APPROVE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT APPLY THIS WEBSITE.
2.1.The Service Provider makes available an online platform through the Website on which Charters can offer their Listings for reservation. Charters can individually post their rates, adapt the availability for reservation of their Listings, manage upcoming bookings, contact and be contacted by Guests of the Website, obtain booking requests, get reviews for their services, post their terms and conditions and many more related to these Terms and Conditions.
2.2.A Guest can book a specific Listing through this Website which is posted on the Website by a Charter. By making a Booking through the Website each Guest will enter into a direct contractual relationship with the particular Charter from which you want to book. The Service Provider behaves merely as a provider of the web service, transferring the details of the reservation to the appropriate Charter and sending a confirmation email to the Charter for and on behalf of the Charter. When rendering their Services, information that the Service Provider reveals is based on the information provided to the Service Provider by each Charter. Charters are totally responsible for updating all rates, availability and other information which are advertised on the Website. The Service Provider is just responsible for establishing the contact between the Charter and the Guest. The Service Provider is not responsible for the non-performance or exact and compliant performance of those services that are part of the application area of the agreement between the Charter and the Guest. Each Charter stays responsible for the accuracy at all times, totality and correctness of the information (including the rates and availability) advertised on the Website. The Website does not illustrate and should not be considered as a reference or advocacy of the quality, service level or rating of any Charter made available. The Service Provider does not verify the information posted by the Charter. As a Guest you agree and understand that the legal contract regulating each particular Booking is between an individual Charter and a specific Guest. If you make a Booking with an individual Charter through the Website you will need to refer to and shall be bound by the booking confirmation, and the booking terms and conditions that will apply to that Booking with the individual Charter referring to payment, cancellation and other regarding matters.
2.3.The Guest gets in a direct contractual relationship with the Charter that will supply the Service. If the Booking of these Services will be completed on the Website, the Guest will receive a written contract from the Charter which will regulate all aspects related to the Services provided.
2.4.The Charter posts through the Website - either by himself or in cooperation with the Service Provider - the Listings, the rates for booking, details, terms, photos and all other significant information associated with the Listings.
2.5.Through the Website the Charter will have the possibility to post his fees for Booking the Listings, regulate the availability of reservation of its Listings, manage upcoming bookings, contact and be contacted by Guests, get reviews for its services and post his Terms and Conditions that will govern the agreement between the Charter and each specific Guest of the Website. Any fees or possible payments exceeding EUR 12.000, -- have to be permitted by the Service Provider.
2.6.Prior to the posting of any Listing by a Charter which is a Private person, the Service Provider will approve such Listing.
2.7.The Charter is liable to post a full description of the Listing on the Website, upload photos and/ or graphics, and/or icons, and/or images which are linked to the Listing that the Guest confirms to pay the Full Booking Fee for.
2.8.The Charter shall have the right and the obligation to arrange separate agreements with the Guests, in which the Terms and Conditions of the Charter’s services will be established. The Service Provider will not be a party in these agreements and shall not be bound by their Terms and Conditions.
2.9.Maximum booking period allowed will be less than 90 days per booking per boat at a time.
2.10.The Services of the Charter shall be practiced by employees or agents of the Charter that have the required technical and professional skills.
2.11.The reservation of the Listing is processed between the Charter and the Guest under the Terms and Conditions of the Charter. The Service Provider assumes no liability for such transactions. The Service Provider just allows the Charter to use the Services and - if necessary - to provide its expertise and assistance for posts or uploads of the Listings. The Service Provider, if requested, shall receive, notify and forward to each Charter any booking requests or enquiries made through the Website by a Guest. The Service Provider shall not act in any way as a contracting agent or representative for you as a Charter, or as a broker or insurer in each case, in relation to your transactions which you conclude with Guests via the Website as related in clause 1.
2.12.The Charter shall, upon the request of the Service Provider, supply the Service Provider with the evidence of ownership or possession of the Listing or a proof of having the right and authorization to rent such Listing and that all licenses and authorization in respect of the Listing have been orderly received.
2.13.The Charter shall have the liability to receive and keep in force any license and other authorizations required by any applicable law for the Listings. The Charter is obliged to provide the Service Provider with such licenses and authorization upon Service Provider’s request. The Service Provider will not be obliged to release the fees (minus the Service Fee) to a particular Charter, if this Charter does not provide the Service Provider the required documents proving the proper possession and use of a particular vessel or a properly signed charter party (where this is obligatory).
2.14.If the Charter does not agree with the Terms and Conditions of the Service Provider or any applicable law, the Service Provider may interrupt or stop providing its Services to the Charter.
2.15.The Charter complies that the Service Provider may check the Charter’s uploads to the Website and may eliminate or refuse to show contents that the Service Provider reasonably believes that reveal the Charters identity to the public including and without limitation its full name, company name, links to other websites, telephone numbers, and/or uploads by the Charter if they are illegal or violate Service Provider’s Terms and Conditions or the Applicable Law or any other applicable law.
2.16.As a Charter you purpose to list and post including but not limited to the features, availability, prices, photos of the Listing as well as the terms regulating the agreement between Charter and Guest including your cancellation policies and particular details of those.
2.17.The Charter will be liable for defining the rate of each Listing and any additional charges that may exist. You understand and approve that if a Guest requests a Booking of your Listing, the rate that you have set for this Booking may not be changed. As a Charter you acknowledge and approve that you are solely accountable for any of your Listings on the Website.
2.18.As a Charter you approve that you ensure the Service Provider an irrevocable permission and that you have the right of the usage of all text, graphics, logos, icons, images with any and all other information posted by you as a Charter in connection to the Listings that are posted on the Website. The license and right includes but is not limited to allowing the Service Provider to utilize such texts, icons, graphics, logos, images with any and all other information in social networks, newsletters, and to any other kind of advertisement and for such commercial aim as the Service Provider think fit and proper for the promotion of their business. The Service Provider is not liable in any way for any violations of rights of intellectual property committed by any users of the platform.
2.19.The Charter approves that in the case of a conclusion of a Booking with a Guest by using the Website and Services, then, in consideration of the use of the Website and the Services, the Service Fee is payable, exclusive of any applicable VAT and related taxes which may be charged in addition to that, and regarding of which the Service Provider may issue or be required to issue to a Charter a valid VAT or related tax or other invoice (or the Service Provider may issue to each Charter at each Charters reasonable request). The Service Fee is based on a percentage of 10% (unless otherwise agreed) of the Full Booking Fee of each Booking that you post for each Listing that you may list and post on the Website. The fee is subtracted from the first disbursement to you as a Charter and it excludes expenses such as bank transfer fees, credit cards transaction fees, VAT, and other taxes if applicable. The service provider is not liable in any way for any violations of rights of intellectual property committed by any users of the platform.
2.20.Based on the agreed Terms and Conditions between the Charter and the Guest, the Service Provider will react as a provider for web-services. If a Listing is inquired by a Guest via the Website, then it will be necessary for you to either confirm or reject the Guest’s inquiry. If you approve as a Charter that your Listing is obtainable and a Guest’s Booking is afterwards accepted and confirmed by you through the Website and once the value of the booking fee is confirmed by the Payment Provider, the Guest’s relevant contact details will be transmitted to you (including phone number) from the Service Provider. Also your contact details will be transmitted to the Guest by the Service Provider.
2.21.Just as the contact details have been transmitted according to clause 3.20, the Charter will be liable to conclude a separate agreement with the Guest acknowledging the terms of the Booking. All correspondence in connection with the Booking transaction should be made between you as a Charter and the Guest through the Website as relieved by the Service Provider’s service where required/applicable. You as a Charter must send a message to the specific Guest briefly explaining the reason of the rejection, in case you reject a Booking for any reason.
2.22.As a Charter you acknowledge that, when a Guest requests a Listing that a Charter posts and subsequently the Charter accepts the Guests booking request, and the Guest's mode of payment is via bank transfer via Payment Provider the Service Providers allow the Guest 5 days to make the payment. The Listing will be set in an “Option” status for the requested dates for 5 days from the day of the booking approval in order to guarantee the booking. In such a case where you as a Charter have your Listing in an Option Status then you hereby undertake and agree that you consider this Listing as booked and you should not proceed with booking it out to any other Guest and or other third person for the specific date/s. Guests paying via bank transfer via Payment provider are encouraged to send a proof of payment confirmation as soon as they have executed the payment. For Bookings done less than 14 days prior to check-in date only credit card payments via Payment Provider will be allowed as a mode of payment.
2.23.The Charter guarantees, declares and undertakes that: He is the lawful and beneficial owner of, and he has good and saleable title to the Listings and/or it has been duly authorized to use and offer the Listing and/or it has received an exclusive unconditional right for the use and provision of the Listings. He has received all required licenses, insurances, permissions and any other requisites for the use of the Listing. These licenses, permissions, insurances shall endure during the use of the Services and during the period of these Terms and Conditions are in force. Any picture, photo, icon, drawing, text, logo, graphic or image uploaded by the Charter on the Website related with the Listings correlated to the reserved Listing by the Guests of the Website and any information related to the Listings are true and correct. He has a considerable knowledge of and expertise in providing his services to the Guests and maintains high quality of infrastructure while performing its services. He has one or more active insurance policies with a reputable insurance firm to cover any obligations that may occur with the usage of the Services or under this agreement and such insurance policies shall endure during the use of the Services and during the period when this agreement is in force. The Charter has not breached or violated any law or regulation the breach of which has or might reasonably be expected to have a negative material negative effect on the Website and the business of the Service Provider. There exists no claims and no investigations are being made or conducted against him or any subsidiary or affiliates that have or might reasonably be expected to have a material disadvantageous effect. In performing his services he will use appropriate care and skill. The Charter acknowledges and approves that the Service Provider shall be authorized and entitled to retain and deduct the Service Fee from such monies collected.
2.24.The Service Provider has the right to require to be provided with the evidence of ownership or exclusive management of the Listings from you as a Charter and that all required conditions, licenses permissions from competent authorities, insurances and any other requisites arising from any laws of Republic of Austria or of any other Country where the Listing is situated or which country’s flag the Listings flying are met by the Charter or by the owner of the Listing. The Charter is liable to inform the Service Provider which countries the Listing may be legally driven to, if he is requested by the Service Provider.
2.25.As a Charter you oblige to keep the Service Provider and their employees, agents, representatives and affiliates, indemnified against all claims, actions, costs, expenses, including legal costs and legal expenses, suffered by the Service Provider due to any disregard or default of the Charter or his employees, agents, licensees or customers in connection with the performance of the Chartersservices and/or due to the breach of the above warranties.
2.26.The Guests have the possibility to search and view obtainable Listings through the Website, including but not limited to information in connection with the Listing such as prices, details, photos and contact the Charter to request and/or apply for a Booking. Guestsshall verify the information uploaded on the Website. The Service Provider has no liability nor responsibility whether the information uploaded on the Website related to the Listing is true and accurate.
2.27.As soon as the Guests booking request has been done, the Service Provider will inform the appropriate Charter by email to accept or reject the booking request.
2.28.Within a time limit of 24 hours Charters have to either confirm or reject the booking request of the Guest. If the booking request is accepted by the Charter through the Website, the Guest will obtain an email with Charter’s booking confirmation, and the respective contact details of the Charter. The relevant contact details of the Guest will also be transmitted to the Charter. The payment process described under section 4 will apply upon receipt of a booking confirmation.
2.29.When the contact details have been exchanged, the communication between a particular Guest and the Charter - for example regarding information and details about the Booking, - will be done directly through the Website as facilitated by the Service Provider where required/applicable.
2.30.Until the Full Booking Fee has been received according to the Terms and Conditions, the Charter will not make obtainable the Listing to the Guest. Upon accepting a booking confirmation, Charters shall be responsible for providing the service referred to in the booking confirmation.
2.31.If a Guest requests a Booking, and that Booking is accepted by the Charter as described in these Terms and Conditions, he will be responsible and liable to pay to the Charter the Full Booking Fee through the Site via Payment Provider, subject, in each case, to these Terms & Conditions and any other terms and conditions as agreed between a Guest and their Charter. A pre-authorisation on the Guest’s payment card for the total amount of the Full Booking Fee will be obtained upon a booking request to ensure that the particular Guest has the necessary amount of funds available for the respective Booking. In the case that payment of the Full Booking Fee by the Guest takes place in more than one installment according to paragraph 4.8 of these Terms & Conditions, the pre-authorization on the Guests payment card will equal to the total amount of the first installment. If the Guest’s booking request is accepted by the Charter, the payment process described under Section 4 will apply. If a booking request is refused, expires or is cancelled, any pre-authorisation of the Guest’s payment card will be automatically released. In case the payment of the Full Booking Fee by the Guest takes place via bank transfer according to clause 4.5, then the Guest shall have 5 (five) Business days to deposit the money into the account, details of which will be on the website. Every payment has to be done according to the terms and conditions of the Payment Provider.
2.32.If you cancel your Booking as a Guest, the provisions of Section 5 will be applicable. Please note that the refunds may not be provided at all, depending on the Charter’s cancellation policy and booking terms. The Service Provider will not be liable if the Charter denies refunding the Guests. Therefore. Guests are strongly advised to review the terms of each Charter prior Booking. The Service Fees are non-refundable (please note section 5.3.) and Charters are just liable (provided that they undertake to do so) to refund a specific Guest with the Full Booking Fee (minus the Service Fee) or the partial booking fee if the Guest determined to pay in 2 installments.
2.33.Monies collected and received by the Payment Provider shall be forwarded to Charters less the Service Charge within 5 days from the date of Payment Provider's confirmation that they are received.
2.34.The Guest obliges to keep the Service Provider and their employees, representatives, agents and affiliates, recouped against all claims, actions, costs, expenses, including legal costs and legal expenses, suffered by the Service Provider against any damage, loss or liability (whether civil or criminal) suffered by the Service Provider resulting from any act disregard or default of the Guest or his employees or agents or breach of any of these Terms and Conditions.
3.1For payments, credit card usage and usage of electronic money on our Website, we refer to our Payment Provider and partner mpay24 and their terms of service. By agreeing to Our Terms and Conditions, you accept mpay24's terms and conditions which you can read here: link to mpay24’s Terms and Conditions: https://www.mpay24.com/web/agb/
3.2.If a specific Guest determines to rent a Listing from a Charter via the Website, the Guest agrees and acknowledges that he shall be required to pay the Full Booking Fee as stated in the Charter’s Listing on the Website. Such payment is obligatory only in case the Charter approves the booking request for the particular booking as described in these Terms and Conditions.
3.3.Charters have to either accept or reject a Guests booking request. When the Charter accepts the Guest’s Booking request, and a booking confirmation is sent to the Guest the Payment Provider shall instantly collect a payment from a particular Guest equal to the Full Booking Fee stated next to the Charter’s Listing on the Website, according and subject to the provisions of clause
3.19 of the Terms and Conditions. As mentioned above, 4.4. The Service Provider will notify the Charter once a Guest has successfully completed the payment. The Service Provider shall forward the payment, minus the Service Fee and any other expenses that might accrue to the bank account of each Charter (as this will be apprise by each Charter to the Service Providers) within 5 Business Days, according to any other agreements as may be approved between a Charter and the Service Provider.
3.5.You hereby, as a Guest, authorize and approve that your credit card shall be debited (via Payment Provider according to Payment Provider's terms and conditions mentioned above) of the sum of the Full Booking Fee upon confirmation of the Booking by theCharter. In the event that the payment will take place by more than one installment as described in these Terms and Conditions then the Guest’s payment card will be debited correspondingly according to the relevant amount of those installments.
3.6.A Guest can also pay via bank transfer but only via the Payment Provider and only for the Bookings with a check-in date less than 14 days from the booking date. If bank transfer is the chosen payment method, then the Guest has to pay via Payment Provider to the bank account stated on the Website during the payment. Payment by wire transfer must take place within 5 Business Days. In case of payment by more than one installment as described above, then two wire transfers will take place correspondingly.
3.7.The payment shall be taken by a debit of the Full Booking Fee or in case of payment by more than one installment by such individual amounts, from one of the acceptable payment methods listed on the Website of the Payment Provider. Such payment shall be taken in the currency which would be permitted by the Payment Provider and set by the particular Charter ..You agree, as a Guest, to pay all fees and charges included in the Charter’s booking confirmation as accessed through your account, regardless of the Service was accessed by you or by any third party using your account. The Guest is liable to take all measures that are required to make sure that his password stays secret and to avert the use or misuse of such password by any unauthorized person. If a Guest discovers or suspects that his password has become accessible to or has been misused by any unauthorized third party, he shall inform the Service Provider immediately, so that the Service Provider can block the specific Guest’s account.
3.8.The Payment Providers shall hold all monies collected from Guests upon a booking confirmation and subject to clause 3.20 which they shall transfer to each Charter less the Service Providers' Service Charge as described above. Unless the Service Providers otherwise agreed with each particular Charter, the Service Providers shall initiate the payment via Payment provider to each Charter of all net monies collected from Guests which are due to each Charter within 5 business days (being days where banks are open in Austria) from the date of the receipt of the full amount of the Booking from the Guest or in the case of payment by more than one installments as described below then payment will be initiated to the particular Charter in 5 business days from the collection by the Payment Providers of each installment.
3.9.The Payment of the Full Booking Fee via the Payment Provider from the Guest should be made like mentioned below: For Bookings earlier than 30 days from check in - the service provider provides a payment plan which d the Guest has to acknowledge during the booking process. For Bookings later than 30 days from check in: The Guests will be requested to pay 100% of the Full Booking Fee (unless otherwise agreed between the Charter and the Guest).
4.1.If a Guest decides to change his Booking, he needs to contact and communicate with his specific Charter and Service Provider.Guests should consider however that the Charter is authorized to charge Guests supplementary charges for these changes. Guests also need to consider that the specific Charter may not be able to cater such changes at all. Guests can cancel their Booking through the Website at any time without any cost prior to Charter's confirmation of the specific Booking.
4.2.In the case that the Booking has already been approved by the Charter, Guests can apply for a cancellation of their Bookingprovided they contact the Service Provider and it is in the absolute discretion of the specific Charter, and subject to the Charter’s stated cancellation policy whether he will provide any refunds and under which terms.
4.3.The Service Fee is non-refundable for all accepted bookings by the Charter. For the avoidance of any doubt the Service Fee consists of a 10% (or as otherwise agreed between the parties) of the Full Booking Fee which is posted in each Listing on our Site by each individual Charter. When the Guest is paying the Full Booking Fee the 10% of this amount will be held by the Service Provider as a Service Fee.
This policy pertains to information we collect about:
1. Guests of our Website;
2. Charters of our Website;
3. People, who stays in a business connection to us;
5.1. The collected information When any of these above mentioned persons inquires our Services, we glean the following personal information:
2. postal address, telephone number, email address, credit card number, account number and expiry date Sometimes we may obtain information about you from other sources (such as credit reference agencies). In order to help us to appraise you in a better way, we will enclose this information to the information which we already hold.
5.2. The usage of the information We collect the information dealt with clause 6.1. to process your registration as well as to process any orders you may make and to provide the services requested. The relevant information is then used by us, our agents and sub-contractors for the provision of the Services in general. To help us developing our Website and our Services, we may also use accumulated information and statistics for the purposes of monitoring Website usage in order. These are not information that may be used to identify you. Occasionally we may give your information to our customer service agencies for research and analysis intentions, for monitoring and improving our Services. For your feedback and comments on our services, we or our agents and sub-contractors may contact you by post, email or telephone. We will use all reasonable efforts to ensure your personal information. The use of the internet is not completely secure and because of that we cannot warrant the security or integrity of any personal information which is transferred from you via the internet.
1.to recognize you whenever you visit this Website
2.to expedite your access to this Website (so you do not have to login each time)
3.to save your personal partialities
4.to construct a profile about you
5.to better aspire our advertising and marketing campaigns The huge majority of web browsers accept cookies. Certainly you can always change your browser settings so that cookies are not accepted. This may lead to the result, that you perhaps cannot use some of the functions of this Website
Guests and Charters approve:
1. 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;
2. They do not obstruct or disrupt this Website or any networks connected to this Website;
3.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;
4.They do not make any operation that force an unreasonable or disproportionately large load on the Service Provider infrastructure;
5.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.
6.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.
Guests and Charters shall agree with all applicable laws and regulations of the 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.
The Guests and the Charters declare that they are of ade quately 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 unauthorized person may have access to the login name and/or password.
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 Republic of Germany or anywhere else in the world is strictly prohibited and shall constitute a material breach of this Terms and Conditions authorizing 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 to 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).
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 Republic of Germany and/or copyright and other laws of other countries and may have to pay penalties.
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.
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.
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.
You agree that the Service Provider or their designer’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 authorized or unauthorized usage of this Websiteconstitutes consent to such monitoring. Unauthorized uses and unauthorized users of this Website will be prosecuted to the full dimension of the law.
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,
1.THE SERVICES PROVIDED ON THIS WEBSITE WILL MATCH TO YOUR DEMANDS,
2.THE SERVICES PROVIDED ON THIS WEBSITE WILL BE SUSTAINED, TIMEOUS, SECURE, OR ERROR-FREE,
3.THE RESULTS THAT MAY BE RECEIVED FROM THE USEAGE OF THE SERVICES WILL BE PRECISE OR DEPENDABLE,
4.THE INFORMATION OR CONTENT OBTAINABLE ON THIS WEBSITE IS ENTIRE, ACCURATE OR AVAILABLE, OR
5.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.
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 A VISITOR.
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.
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
1.the usage (either as a Charter or Guest) of the software obtainable at or downloaded from this Website,
2.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,
3.the usage (either as a Charter or Guest) of the content obtainable on this Website in any way against this Terms and Conditions
4.the breach (either as a Charter or Guest) of any warranties, representations or obligations described in these Terms and Conditions,
5.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 of 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),
6.any charges allocable to the relating to any service, or download associated with this Website, and
7.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.
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.
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.
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.
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.
In this Terms and Conditions, the subsequent words and verbalisms shall have the following meanings:
|Booking:||Each discrete Booking of a Listing that is made by a Guest offered by a particular Charter and posted on the Website.|
|Business Days:||Business Days are days when banks are open in Germany.|
|Full Booking Fee:||For the Booking of a each specific Listing the total fee that is set and posted on the Website by each Charter.|
|Charter:||The Charter is an individual of lawful age and of full capacity to contract or a properly represented lawful entity which is the lawful and beneficial owner of the vessels, or duly authorized by the lawful and beneficial owner of these, or a person who has obtained an exclusive unconditional right for the using and posting the Listings on the Website for Booking by a Guest.|
|Listing:||Listings are boats, sailboats, catamarans, motorboats, yachts, jet skis and any other kind of sea or lake or river vessels of a particular Charter which is being posted on the Website for reservation by Guests. Additional services which are linked to (i.e. cleaning, skipper etc.) the Listings may also be included and are specified in each of the Listings by the Charter.|
|Payment Provider:||The Payment Provider is Mangopay, being a payment system provider that processes the payments on the Website. By agreeing to these Terms and Conditions, you also accept Mangopay's Terms and Conditions which can be found on this Website.|
|Service Provider:||The Service Provider is AMAN Media GmbH, an enterprise organized and existing under the laws of Republic of Germany with registered address at Nymphenburger Straße 113, 80639 München, Germany.|
|Services:||The Service is a Website to which Charters can post, offer and market their Listings for Booking and reservation from the Guests and the Service Provider can provide their expertise and assistance for such posts or uploads if requested.|
|Service Fee:||The Service Fee is the amount payable by the Charter to the Service Provider as a consideration for the provision of the Service. Upon the conclusion of a Booking through the Website a percentage of 12% (unless otherwise agreed) of the Full Booking Fee has to be paid. The Service Provider can lower the agreed percentage for promotional or any other aim. The Service Fee is invoiced to the Charters for each booking.|
|Terms & Conditions:||Terms and Conditions are all the terms and conditions included in this agreement along with any subsequent amendments as may take place at the full discretion of the Service Provider and which can be seen at their latest version at https://www.aman.de/impressum.html|
|Guest:||The Guest is an individual of lawful age and of full capacity to contract, or a properly represented lawful entity who enters into an agreement with a particular Charter for the reservation of a respective Listing and who has approved to pay the Full Booking Fee.|
|We:||“We” stands for the Service Provider.|
|Website or Site:||The Website or Site is an online platform with domain name http://www.12boat.com or http://www.12boat.de, owned, managed and administrated by the Service Provider.|
|You/you:||“You/you” termed the Charters and Guests as correspondent.|
|Us:||“Us” stands for the Service Provider.|