Terms

Terms Club Shop

Terms Marketplace

Terms Charter

Terms and conditions of use for use of the products and services accessible through the website www.boatoon.com

oben

§1 Area of applicability, registration requirements

  1. boatoon GmbH, Schlesisiche Str. 29-30, 10997 Berlin (hereinafter called “boatoon“) shall provide to users of the Internet various products and services at the URL www.boatoon.com, which also includes the "boatoon Club” communication platform (hereinafter called “boatoon Club”. These terms and conditions of use shall apply to all users of the boatoon website and may be accessed, downloaded and printed anytime using the “T&C” link on the boatoon website.

§ 2 Registration

  1. Registration shall be required for use of the boatoon Club as well as certain other services accessible through the www.boatoon.com website, e.g. boatoon Boat Market or boatoon Pilot. Full access to these services is only possible after the user has registered. For this purpose users must enter their user name, contact details, email address and password. boatoon will send the access details including the registration details immediately by email to the email address the user has stated. The registration process has been completed successfully when the user confirms it using the link sent to him. A contract of use of the “boatoon Club" community between the user and boatoon shall be concluded only when this link is accessed.
  2. Following successful registration the user shall become a member of the "boatoon Club" community. There shall be no right to registration. Additional regulations shall apply to individual functions, services or sections of the boatoon website (e.g. boatoon Club Shop, boatoon Boat Market, boatoon Charter). The user will be notified explicitly of these additional regulations before using these services.
  3. Only legal persons and natural persons fully capable of conducting business may register. A person registering for a legal person or entity must be authorized to conclude the corresponding agreements.
  4. The user shall state all registration details truthfully and completely. Moreover, he or she shall inform boatoon immediately of any changes to the user details. The operator usually will not verify the details of users. However, boatoon shall reserve the right to verify the correctness of individual details and, if necessary, request corresponding proof from the user. boatoon shall be entitled to request a commercial and/or trade register certificate within the context of the registration and the current contractual relationship.
  5. Multiple registrations generally shall not be permitted. The registration shall not be transferable.
  6. If a user already has been barred permanently from boatoon he or she may not register again without prior written consent of boatoon. The user shall select a password when registering. He or she shall guarantee to keep this password secret and not disclose it to third parties. Users must change their password immediately or inform boatoon thereof if they have become aware of facts that indicate a risk that third parties may have gained knowledge of the password or are using it. boatoon shall not disclose the password to third parties and will not ask users for their password at any time.
  7. boatoon shall not guarantee the actual identity of a user. boatoon cannot by technical means determine whether a user registered on the boatoon website is actually the person he or she is claiming to be. Thus, each user is required to convince themselves of the identity of other users.

§ 3 The boatoon Club

  1. Users may exchange information with other members of the boatoon Club by various means after successfully registering with the boatoon Club on the boatoon website. It offers a search and evaluation option, a personal contacts manager, a personal messenger and public blog, as well as a directory of interesting events.
  2. boatoon provides the boatoon Club only as a contact and/or communication platform. The topics and information published here are not from boatoon but from users of the community. Thus, boatoon shall not accept responsibility for the correctness and/or completeness of such content and information. The users or authors shall bear sole responsibility.
  3. If the data and/or information do not violate statutory regulations or these terms and conditions, boatoon shall make the data and/or information provided by the user available to other users. boatoon shall reserve the right to remove unlawful content from the boatoon website without giving prior notice.
  4. boatoon shall only supply technical applications that enable general contact between users, thus only offering users a platform where users may be brought together with other users. boatoon shall not partake in the content of the communication between the users. boatoon shall reserve the right to change the services offered on the boatoon website anytime or to offer deviating services unless this should be unreasonable to users.

§ 4 Obligations and responsibilities regarding content, data and/or details of users

  1. The user shall bear sole responsibility for the content he or she submits as well as for communication with others (publicly and non-publicly). The user shall preserve the interests of other users or other third parties, particularly their personal rights.
  2. When using the boatoon website the user shall not be allowed to distribute, offer or make available unlawful or immoral content. Unlawful content shall include, among others, such content that infringes intellectual, commercial or other third-party rights, particularly copyrights, trademarks or personal rights of third parties. Users may not use offensive or defamatory content, irrespective of whether this should affect other users, employees of boatoon, or other persons or organisations.
  3. Users may not publish or distribute messages or data including content that is pornographic, harmful to youths, illegal, racist and/or glorifies violence. Moreover, a user may not molest other users with spam in an unbearable manner. Finally, a user may not induce in anticompetitive action or promote such activity, including progressive acquisition of customers (e.g. chain, snowball or pyramid systems).
  4. The user shall exempt boatoon from all claims by third parties that may arise from an existing or alleged violation of the rights of third parties and from legal defence against such claims. The user shall observe all applicable laws and third party rights when using the content and services offered on the boatoon website.
  5. In addition, the user shall refrain from disturbing behaviour, even if this does not specifically violate any laws. For instance, by sending chain mails, sending identical private messages to several users simultaneously; performing, advertising and promoting multi-level marketing or multi-level network marketing measures; or explicitly insinuating or sexually characterized communication.
  6. The users of the boatoon website are entitled to write evaluations. There is no right to publication. The following rules must be observed when submitting evaluations (this list only gives examples and is not complete):
  7. Evaluations must be truthful, factual and precise.
  8. Users may only evaluate goods and services they have used themselves.
  9. A user cannot evaluate him- or herself. Business partners, employees and/or their relatives may only submit an evaluation if they disclose their relationship to the offerer of the goods or services.
  10. Any kind of advertising, open or covert, shall be forbidden in general.
  11. boatoon shall reserve the right to remove without giving notice any evaluations where there is suspicion of violation against these rules and regulations.
  12. Users also shall not be permitted to use mechanisms, software or scripts in conjunction with using the boatoon website. However, such use shall be permitted within the context of the services (i.e. interfaces or software) offered on the boatoon website and provided by boatoon. Unless required for orderly use of the services of the boatoon website users may not block nor overwrite nor modify nor copy. Copying by using “robot/crawler” search engine technology shall be forbidden in particular as such is not required for properly using the services of the boatoon website. The user shall be responsible for ensuring that any content he or she has posted on the profile page or anywhere else on boatoon is free from viruses, worms, Trojans or other programs that may impair or endanger the functionality or content of boatoon or any other website.
  13. The user shall refrain from any action that may be suitable of impairing the functionality of the boatoon infrastructure, particularly by causing excessive load, e.g. by distribution and public disclosure of content on the boatoon website or by other users.
  14. Before submitting content the user shall ensure carefully that the aforementioned requirements are met.
  15. The operator shall not be liable for actions of other users of boatoon or third parties.

§ 5 Rights and obligations of boatoon

  1. The user shall not have the right to claim use of the boatoon Club. boatoon shall attempt to maintain mostly error-free operation of the boatoon Club and the boatoon website. Events that especially are beyond the responsibility of boatoon, such as faults in public communications networks, power failures, etc. as well as maintenance, security and capacity issues may result in temporary disturbances or temporary close-down of the services on the boatoon website. The user shall acknowledge that it is technically impossible to guarantee 100% availability of the boatoon website.
  2. In event of violation against these terms and conditions of use boatoon shall reserve the right to exclude the user anytime from use of the boatoon club without giving reason, including for the future, and to delete all content he or she has published.

§ 6 Transfer of rights

  1. By posting content the user shall transfer to boatoon the right to create copies in such a manner as deemed necessary by boatoon for facilitating posting and saving the user content. By posting user content on any part of the boatoon website the user also shall grant boatoon a license, not restricted to time and space, to copy, publish to the public wire-bound or wirelessly, or make the content available to the public or bring it into circulation by any other way or to publish it in edited or redesigned format, or to use it.
  2. The user shall guarantee that he or she is authorized to issue such a license. Users may remove their own content from the website anytime. Evaluations where users must issue a request to user support first due to technical reasons shall be an exception. The above-mentioned rights to use boatoon shall continue to apply irrespective of such removal of user content by the user.
  3. If a user should deactivate his- or herself, all his or her content will be marked as content of a “deleted user”. The profile itself shall no longer be accessible after it has been deactivated and consequently association with the user is no longer possible. The content of a user is only deleted irrevocably and no longer accessible when a user is deleted by an administrator (incl. replies, evaluations or photos of other users for deleted content). If a user wants to delete his or her content entirely, this should be communicated accordingly to user support. In such a case the rights to use of the corresponding content granted to boatoon also shall cease.

§ 7 Licence to use, termination of contract

  1. Users may terminate the agreement anytime without stating a reason. This may be accomplished on the boatoon website using the contact form that is accessible from every page by stating the user name and an email address registered with the boatoon website.
  2. boatoon shall be entitled to cancel the agreement on exceptional grounds within a period of notice of two weeks. The right to extraordinary cancellation due to important grounds shall remain untouched thereby if continuation of the contractual agreement for the legally stipulated period of termination is not deemed reasonable for boatoon after taking into account all circumstances of the case and after weighing up the interests of boatoon and the user.
  3. Important reasons shall be in particular if a user
    • states false contact details, especially a false or invalid email address
    • transfers his or her user account to third parties
    • considerably harms other boatoon users or boatoon, especially by misuse of boatoon services
  4. Irrespective of a cancellation according to section 7.3, boatoon may be entitled to issue a warning in event of an important reason or block access to the services of the boatoon website temporarily or permanently. Such important reason shall apply in particular if there is specific evidence that a member is violating the statutory requirements, third party rights or the provisions of these T&C, or when boatoon has a different legitimate interest, particularly for protecting users from fraudulent activities. When selecting an action boatoon shall take into account the legitimate interest of the respective user, particularly whether there is evidence that the user may not be responsible for such violation.
  5. Once a user has been barred permanently there shall be no right to restoration of the barred user account. As soon as a user has been barred he or she shall not be permitted to use the boatoon website with any other user account and may not register anew.

§ 8 Liability

Should claims for compensation put forward against boatoon or their vicarious agents require slight negligence they shall only be permitted if a substantial contractual obligation has been violated. A substantial contractual obligation shall include such where the user was able to rely on its fulfilment and where its orderly fulfilment would have made the fulfilment of the agreement possible in the first place. In this case the rate of entitlement to damage compensation shall be limited to the damage that is typically foreseeable. Claims for bodily harm and damage to property according to the product liability act shall remain unaffected thereof. In addition, the aforementioned exclusions and limitations of liability shall not apply if an explicit guarantee has been issued by boatoon or in event of claims due to missing properties.

§ 9 Indemnification of the provider by the user

  1. In the event that other users of third parties should put forward claims against boatoon due to violation of their rights resulting from content posted on the boatoon website the user shall indemnify boatoon against all such claims, including claims for damage expenses. In addition the user shall indemnify boatoon from all claims, including claims for damage expenses, which are put forward against boatoon by other users or third-parties due to violation of their rights resulting from use of the boatoon website services by the user. The user shall bear all reasonable costs incurred by boatoon due to violation of third-party rights, including reasonable rights incurred for legal defence. All further rights and claims for damages by boatoon shall remain untouched. The user shall have the right to prove that boatoon actually incurred lower costs. Insofar as the user does not bear responsibility for the corresponding violation of rights, the aforementioned obligations of the user shall not apply.
  2. In the event of violation of third-party rights by user content the user shall, by choice of boatoon, acquire the right to use the content of the user at his or her own expense or alter the content so that it is free from proprietary rights. If third-party rights are violated by the user by using the services of the boatoon website the user shall cease violation of the contract and/or illegal use immediately upon request by boatoon.

§ 10 Data privacy

boatoon shall adhere to all relevant statutory data protection requirements, such as the German data protection law, European data protection guidelines and any other applicable data protection rights. Without authorization boatoon shall not disclose personal data of users to third parties or make it available to third parties by any other means. boatoon is aware of the severe importance to the user of carefully handling all personal data he or she submits to the boatoon website.

Special notice:
The website www.boatoon.com uses Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses so-called “cookies”, i.e. text files that are saved on the computer and enable analysis of website usage. The data regarding your use of this website generated by the cookie (including your IP address) is transferred to a server of Google in the US and stored there. Google uses this data to analyse your usage of the website, to compile reports on website activity for the website operators and to accomplish further services related to use of the website and the Internet. Google may also disclose this data to third parties insofar as this is legally required or as far as third parties process such data on behalf of Google. Under no circumstances will Google bring your IP address into relation with other data of Google. You may prevent such installation of cookies by using the corresponding setting of your browser software; however, we do point out that in such a case you may not be able to use all functions of this website to their full extent. By using this website you agree that the data Google has recorded about you may be used in the aforementioned form and manner and for the aforementioned purpose.

§ 11 Changes to the terms and conditions of use

  1. boatoon shall reserve the right to amend these T&C anytime without stating a reason unless this is not reasonable to the user. boatoon will inform the users about changes to the T&C in due time. The T&C shall be deemed as approved by the user unless the user objects to the applicability of the new T&C within 14 days. The objection must be submitted in writing. In the notification to the user boatoon shall indicate the user’s right to object as well as the importance of the objection period.
  2. In event that an objection against the changed T&C is submitted by a user within the stated period, boatoon shall be entitled to cancel the agreement existing with the user at the time when the changes become effective while observing the legitimate rights of the user. Corresponding content that has not yet been deleted by the user shall be made anonymous and indicated “deleted user”.

§ 12    Right to revoke

Insofar as you as a consumer are acting according to legal requirements you may revoke your approval of these T&C and the contract of use concluded therewith as follows:

1. Right to revoke
You may cancel your contractual declaration in writing (e.g. letter, fax, email) without stating reasons within 14 days. The period of revocation starts once you have received this notice in text format, but not before conclusion of the contract and not before we have met our obligation to inform according to section 246 sub-section 2 in correspondence with section 1 sub-sections 1.1 and 2 of the Introductory Law to the German Civil Code [“EGBGB”] as well as before accomplishment of our obligations subject to section 312e sub-section 1 sentence 1 of the German Civil Code [“BGB”] in connection with article 246 section 3 of the EGBGB. Dispatch of the revocation within the set period shall suffice to meet the revocation deadline. The revocation notice shall be addressed to:

      boatoon GmbH
      Schlesische Str. 29-30
      10997 Berlin
      Email: info@boatoon.com

2. Consequences of revocation
If a revocation becomes effective the services received by both parties shall be returned and, if applicable, utilization reimbursed (e.g. interest). If you cannot return the received service to us in full or in parts or can only return it in a worsened condition you may have to provide compensation for lost value. This means that you also may have to fulfil the contractual payment obligations for the period of revocation. Obligations to refund payments must be met within a period of 30 days. The period of grace shall begin at the time you dispatch your notice of revocation and for us with its receipt.

3. Special notice
Your right to revoke shall expire prematurely if the contract has been fulfilled in full by both sides following your express request, before you have exercised your right to revoke.

Yours,
The boatoon.com crew

§13 Final clause

  1. Changes and amendments shall be in writing; this shall also apply to cancellation of written form. Oral agreements shall only become effective when they have been confirmed in writing.
  2. If one or several provisions should become ineffective this shall not affect the effectiveness of the remaining provisions. If a provision should become ineffective the parties shall agree that it be replaced by a regulation that comes closest to the economically intended purpose.
  3. The user may transmit all declarations to boatoon via email by using the contact form that can be accessed from any of the boatoon websites or by letter, providing nothing else has been agreed. boatoon may transmit declarations to the user by email, fax or letter to the addresses the user has stated as his current contact details in his user account.
  4. German law shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Berlin shall be place of jurisdiction insofar as this can be agreed. If the client is a tradesman, a legal person according to public law or a special fund under public law the place of jurisdiction for all disputes arising from the contractual obligations between boatoon and the user shall be the registered office of the provider.

As of: July 2010

oben

boatoon Shop – General Terms and Conditions of Use

§ 1 Scope of application

  1. These general terms and conditions (“T&C”) shall apply in their currently valid form at the time of ordering for all contracts a user (hereinafter called “client”) concludes with boatoon GmbH (hereinafter called “boatoon”) with regard to goods displayed by boatoon in the “boatoon.com” online shop.
  2. These T&C are an integral part of every concluded agreement unless agreed otherwise. This shall also apply to future trade relations with the client without it being necessary to specifically include them.
  3. Terms and conditions of the client that deviate from these T&C as well as amendments and supplements shall only apply as far as they have been approved in writing by boatoon. This shall also apply if no explicit objection has been raised against the terms of business and/or delivery of the client.

§ 2 Contracting partner

Unless explicitly stated otherwise, sales contracts submitted by the client within the context of these T&C shall be concluded with boatoon GmbH.

Address:
boatoon GmbH
Schlesische Str. 29-30
10997 Berlin
Berlin Charlottenburg Company Register, no. HRB 126511 B
Tax ID: DE271849041
Managing Director: Torben Knappe

§ 3 Conclusion of contract

  1. Presentation of the goods in the Shop shall not constitute a binding offer by boatoon to conclude a sales agreement. The client only shall be invited to submit an offer by ordering.
  2. The client may submit his or her offer via the online order form integrated into the Shop. For this purpose the client may select goods from the offer of the Shop on the website www.boatoon.com, and may place them in the so-called shopping cart by using the “Add to shopping cart” button. The client shall submit a binding offer to purchase the goods in the shopping cart by using the “Send order” button. The client may view and change the data anytime before submitting the order. The order may only be placed after the client has accepted these terms and conditions of contract.
  3. boatoon will then send an automatic email confirming receipt to the client listing the order again and which the client may print out using the “Print” option. The automatic conformation of receipt shall not constitute acceptance of the order; it only shall document that the order placed by the client has been received by the vendor. The contract shall be concluded only when boatoon confirms its acceptance in a separately dispatched mail. boatoon shall be entitled to refuse to accept the order.
  4. boatoon shall store the order data and clients may access this data via the password-protected user account after having placed their order, provided they have chose to save the personal data by clicking “Save personal data for further shopping or being already a registered user of boatoon.com.

§4 Power of revocation

 

If you are a consumer acting according to the legal requirements you may revoke your declaration of contract as follows:
1. Right to revoke
You may revoke your declaration of contract within a period of 14 days in text format without giving reasons (e.g. letter, fax, email) or, if the goods are surrendered to you before the deadline, by returning the goods. The deadline shall start at the time you receive this declaration in text form but not before the goods are received by the recipient (in event of recurring delivery of similar items not before the first part of the delivery is received) and also not before we have fulfilled our obligation to inform according to article 246 section 2 in connection with section 1, sub-sections 1.1 and 2 of the Introductory Law to the German Civil Code [“EGBGB”] as well as before accomplishment of our obligations subject to section 312e sub-section 1 sentence 1 of the German Civil Code [“BGB”] in connection with article 246 section 3 of the EGBGB. Dispatch of the revocation or item within the set period shall suffice to meet the revocation deadline. The revocation notice shall be addressed to:

      boatoon GmbH
      Schlesische Str. 29-30
      10997 Berlin
      Email: info@boatoon.com

2. Consequences of revocation
If a revocation becomes effective the goods or services received by both parties shall be returned and, if applicable, utilization reimbursed (e.g. interest). If you cannot return the received goods or service to us in full or in parts or can only return it in a worsened condition you may have to provide compensation for lost value. This shall not apply to surrendered goods when the degradation is due exclusively to its examination as it would have been possible in a shop. Moreover, you may avoid being held liable for any degradation of the item by using it as if it were your own property and by avoiding anything that may impair its value. Goods that may be posted by parcel should be posted back to us at our risk. You shall bear the return postage costs if the supplied goods correspond to the ordered goods and if the price for return postage does not exceed EUR 40 or, if the price is higher, if you have not paid the full amount or a contractually agreed instalment at the time of revocation. Otherwise, return postage shall be free-of-charge for you. Goods that cannot be sent as a parcel shall be collected from your premises.
Obligations to refund payments must be met within a period of 30 days. The period of grace shall begin at the time you dispatch your notice of revocation or the item, and for us with its receipt.

      End of the revocation notice.

 

§ 5 Exclusion of right to cancellation

The right to cancellation shall be excluded for clients who are corporations according to article 14 of the German Civil Code ["BGB”] and who are not consumers according to article 13 of the German Civil Code [“BGB”]. The right to cancellation shall not apply to telesales agreements:

  • for the delivery of goods prepared according to customer specifications or that have specially been customized or, are not suitable for return postage due to their condition or which may degrade quickly or where the date of expiry has passed;
  • for delivery of audio and video recordings or of software insofar as the seal of the provided data carrier has been broken by the consumer;
  • for the provision of newspapers and magazines, unless the consumer has agreed to the contract by telephone.

§ 6 Prices

The prices valid on the day of ordering shall apply. All stated prices are end prices, i.e. they include all price components, including the currently applicable value added tax (sales tax). Additional prices for postage and packaging shall be stated separately.

§ 7 Delivery proviso, delivery

  1. boatoon shall deliver the ordered goods, provided they are in stock.
  2. boatoon shall deliver the goods to the address stated by the customer as soon as possible. Any details regarding the expected time of delivery shall not be binding. In particular cases the time of delivery may be prolonged for a reasonable time. boatoon shall inform the client immediately if the delivery is delayed.
  3. If delivery to a client should not be possible, e.g. because the client is not available at the stated delivery address although the time of delivery has been announced to the client within reasonable time, the client shall bear the costs for the unsuccessful delivery. This shall not apply if the client is not responsible for the unsuccessful delivery.
  4. In case that boatoon cannot deliver the goods and if such failure of delivery is not its fault, boatoon shall reserve the right to withdraw from the purchase agreement entered into with the client. The client shall be informed immediately if boatoon is not capable of delivering. This shall not affect the legal rights of the client.
  5. boatoon shall be entitled to partial delivery. boatoon shall bear any additional shipping costs incurred due to partial delivery.
  6. Insofar as the client is an entrepreneur according to article 14 of the German Civil Code (who is practicing his commercial or self-dependent professional activity), the risk of accidental loss or accidental deterioration of a direct mail purchase shall transfer to the client as soon as the goods are handed over to a suitable carrier. This shall also apply when boatoon undertakes a partial delivery.

§ 8 Shipping costs

  1. boatoon offers free shipping to Germany. boatoon maintains the right to charge additional costs for individual products. For shipping to countries of the EU other than germany der EU, we will charge 15 €, to Switzerland and Norway 20 €.
  2. Please be aware that heavy or bulky goods/products and delivery to other countries as named above can entail higher shipping charges. This will be expressly marked within thepProductinformation.
  3. The goods shall be shipped by post. If insured shipping is requested the client shall note this by selecting the corresponding method of shipment when ordering. The additionally incurred costs shall be stated in the order form and shall be borne by the client.

§ 9 Methods of payment

  1. The client may choose to pay by wire transfer, Pay on Delivery, PayPal or credit card (Mastercard or VISA).
  2. boatoon shall reserve the right to exclude certain methods of payment or request advance payment in certain cases, particularly if the value of the order is high (€500 or higher).
  3. When paying with PayPal or credit Card the amount will be charged from the account when finishing the ordering process.

§ 10 Charging/retention

  1. The client shall only be entitled to a counterclaim insofar as his or her claim has been established as final and absolute, is uncontested, and has been approved by boatoon.
  2. The client shall only be entitled to withhold insofar as the claims are based on the same contractual agreement.

§ 11 Retention of title

The delivered goods shall remain the property of boatoon until they have been paid for in full. Until then the client shall treat all goods and included materials with good care.

§ 12 Guarantee and liability

  1. The statutory requirements shall apply if the goods are faulty unless stipulated differently below. If the client is a tradesman he or she may only exercise warranty rights if he or she has complied with his or her obligations to examine the goods and make complaint according to article 377 of the German Commercial Code [“HGB”].
  2. In event of justified complaints the client shall give notice in writing, which right according to § 437 of the German Civil Code he or she is availing him- or herself of. If such right to choose is not exercised it shall be exercised by boatoon.
  3. Unless stipulated otherwise below, further claims put forward by the client, for whatever reasons, shall be excluded. In such cases boatoon shall not be liable particularly for damages that have not occurred to the delivered item itself, for lost profits, or for other damages to property of the orderer.
  4. Insofar as the client is asserting claims for damages caused intentionally or grossly negligently by boatoon, their vicarious agents or representatives, boatoon shall be liable according to the legal requirements. Liability for damages by boatoon shall be limited to foreseeable, typically occurring damage as long as boatoon cannot be found guilty of intentional breach of contract. If boatoon has deliberately breached the contract considerably, boatoon shall be liable according to the legal requirements. Liability for compensation of damages in this case shall be limited to the predictable, typically occurring damage. The liability for deliberate harm to life, physical injury or harm to health shall remain untouched. This shall also apply to the compulsory liability according to the Product Liability Act.
  5. The statutory period for claims for defects shall be limited to 24 months from receipt of the goods. If the client is a tradesman the limitation period shall be 12 months after transfer of risk (cf. section 7.6).
  6. In event of a complaint you may contact the boatoon Service Centre at info@boatoon.com or Tel: +49 30 609 899 280. Please do not send back individual parts, components or elements of goods without prior arrangement.

§ 13 Reservation of amendment

  1. boatoon shall reserve the right to change the services without prior notice if such action serves to improve the goods, does not impair the purpose of the contract, and is reasonable to the client. In case of such product changes only the price the client agreed to in his order will be charged of course.
  2. If the client is an entrepreneur the reservation of amendment according to section 13.1 also shall apply to customary quantity tolerances or quality tolerances.

§ 14 Data privacy

  1. boatoon shall observe the relevant legal data protection regulations, particularly the German Federal Data Protection Act [“Bundesdatenschutzgesetz” (BDSG)].
  2. The client shall also note that boatoon records, processes and utilizes data on usage and settlement exceeding the fulfilment of contract insofar as this may be necessary for billing purposes.
  3. The user shall have the right to withdraw his or her authorization with immediate effect at any time and with future effect. In case of such withdrawal boatoon shall delete the personal data immediately unless an ordering process has not been completed fully and/or cancellation would contradict compulsory statutory storage periods.
  4. The website www.boatoon.com uses Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses so-called “cookies”, i.e. text files that are saved on the computer and enable analysis of website usage. The data regarding your use of this website generated by the cookie (including your IP address) is transferred to a server of Google in the US and stored there. Google uses this data to analyse your usage of the website, to compile reports on website activity for the website operators and to accomplish further services related to use of the website and the Internet. Google may also disclose this data to third parties insofar as this is legally required or as far as third parties process such data on behalf of Google. Under no circumstances will Google bring your IP address into relation with other data of Google. You may prevent such installation of cookies by using the corresponding setting of your browser software; however, we do point out that in such a case you may not be able to use all functions of this website to their full extent. By using this website you agree that the data Google has recorded about you may be used in the aforementioned form and manner and for the aforementioned purpose.

§15 Final clause

  1. Changes and amendments shall be in writing; this shall also apply to cancellation of written form. Oral agreements shall only become effective when they have been confirmed in writing.
  2. If one or several provisions should become ineffective this shall not affect the effectiveness of the remaining provisions. If a provision should become ineffective the parties shall agree that it be replaced by a regulation that comes closest to the economically intended purpose.
  3. German law shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Berlin shall be place of jurisdiction insofar as this can be agreed effectively. If the client is a tradesman, a legal person according to public law or a special fund under public law the place of jurisdiction for all disputes arising from the contractual obligations between boatoon and the user shall be the registered office of the provider.

As of: July 2010

oben

boatoon “Marketplace” – General Terms and Conditions of Use

§ 1 Scope of application

  1. boatoon GmbH, Schlesische Strasse 29-30, 10997 Berlin, Germany (hereinafter called "boatoon") provides the “Marketplace" online marketplace to online users at the URL www.boatoon.com (hereinafter called "Marketplace"). These terms and conditions of use (hereinafter called “T&Cs”) shall apply to all users of the Marketplace and can be viewed, printed and downloaded/saved anytime using the “Marketplace T&C" link on the boatoon website.

§ 2 The Marketplace

  1. The Marketplace is a marketplace where natural and legal persons (hereinafter called "user”) who have registered a user account on the boatoon website may offer, sell or purchase boats or boat equipment (hereinafter called "items" or "goods") as long as such offer, sale or purchase does not violate any statutory provisions or these T&C. In accordance with these T&C, boatoon shall grant users currently free-of-charge access to content saved in the database via the “Search” category and, unless no other agreement has been reached, to post their own ads in the “Offer” category which is subject to payment of a fee. Consumers shall be required to pay a fee only from the third advertisement posted simultaneously or more.
  2. boatoon is neither buyer nor seller nor broker and shall not act as a representative of the buyer or seller of the items stored in the database. Therefore, boatoon shall not become contracting partner of agreements concluded exclusively and directly between the users of this marketplace. Fulfilment of any agreement concluded via this Marketplace also shall be accomplished exclusively between the users themselves.
  3. The Marketplace offers users the technical means to use the Marketplace to post their own advertisements within the framework provided by boatoon. Any content published on the Marketplace by users shall not be checked in general as to whether it is correct, legitimate or complete, and shall not represent the opinion of boatoon.
  4. boatoon shall reserve the right to edit, prepare and adapt the content of users by technical means so that it may also be displayed on mobile devices or by third-party software applications. The users shall bear sole responsibility for viewing the complete content of an offer on the Marketplace before making a decision to purchase if a bid is submitted via a mobile device or third-party software application or if an agreement is concluded via such device or application.

 § 3 Users of the Marketplace, conclusion of contract

  1. boatoon shall provide the functions described in section 2 to the users of the Marketplace. boatoon may state certain requirements to be met for use of the Marketplace, such as verification of registration data and term of membership.
  2. The user shall submit an offer to conclude a contract of use for the Marketplace by submitting an initial advertisement order. By submitting an advertisement or publication order the client shall accept the table of fees that are currently in force (www.boatoon.com/de/pricing.html). boatoon shall accept the order by activating the advertisement. Commissioning of an order shall constitute a binding offer by the user to conclude a corresponding agreement.
  3. The rights of users to use the Marketplace and its functions shall be limited to the frame of the current technology. boatoon may restrict its services temporarily if this is required due to capacity limitations, the safety or integrity of the servers, if technical measures are required, or if this serves the purpose of properly providing the services or improving them (maintenance work). In such cases boatoon shall take into account the justified interests of the users, e.g. by issuing advance information notices. The limitation of liability of these T&C shall remain untouched by the aforementioned stipulation.

§ 4 Posting advertisements, content requirements

  1. Following successful registration the user shall be entitled to post advertisements within the context of the Marketplace as long as he or she has accepted these general terms and conditions beforehand. The period of validity for advertisements shall be limited to a maximum of three months per advertisement. The user shall be entitled to extend the validity of the advertisement once by a further three months. After this period has expired boatoon shall be entitled to delete the content.
  2. boatoon shall decide on publication of the advertisements at its own discretion. At any time boatoon shall be entitled to limit the space and time of the availability of content on the Marketplace as well as the amount.
  3. Only legitimate offers for selling boats and/or boat equipment may be posted on the Marketplace. Other content, especially loss-leader prices, rental offers as well as offers for boats and/or boat equipment of which the user currently is not authorized to dispose of shall not be permitted.
  4. The sales offers must be posted in the suitable category and must be described truthfully and completely. All properties and characteristics that are essential for reaching a purchase decision as well as value-depreciating faults must be described truthfully. The details of payment and delivery also must be stated in full. The user may also post image files that exclusively represent the goods offered by the user with the purpose of describing the goods. boatoon shall not assume responsibility for the displayed quality of posted image files.
  5. When offering goods to consumers, entrepreneurs are required to state the legally required consumer protection information and to issue statement of the statutory right to withdrawal or return the goods, insofar as such exists.
  6. Neither the description of the goods or the used images may infringe third-party rights and may only refer to the offered goods. Advertisement of goods not offered on the Marketplace shall not be permitted.
  7. Users may not manipulate the search function of the Marketplace, for instance by maliciously inserting names of brands and/or other keywords into the title or description of the goods.
  8. Posting content by users on behalf of third-parties without their explicit prior approval shall not be permitted. No telephone numbers and/or addresses may be posted on the Marketplace without their approval in particular.

§ 5 Obligations and responsibilities regarding content, data and/or details of users

  1. The user shall bear responsibility for the content he or she has posted. He or she shall be responsible especially to ensure that the content is not unlawful, does not infringe third-party rights and is not immoral. Unlawful content shall include, among others, such content that infringes the intellectual, commercial or other third-party rights, particularly copyright, trademarks or personal rights of third parties. Users may not use offensive or defamatory content, irrespective of whether this affects other users, employees of boatoon, or other persons or organisations. Users may not publish or distribute messages or data including content that is pornographic, harmful to youths, illegal, racist and/or glorifies violence. Moreover, a user may not molest other users with spam in an unbearable manner. Finally, users may not induce in anticompetitive action or promote such activity, including progressive acquisition of customers (e.g. chain, snowball or pyramid systems).
  2. Advertising on the boatoon Marketplace or posting search advertisements for items that, if offered, purchased or sold, violate statutory provisions, third-party rights or are immoral shall not be permitted in particular. Specific requirements and framework conditions must be met for selling certain items. The boatoon Marketplace shall reserve the right to act stricter than legally required in individual cases.
  3. Users are responsible for archiving on a data carrier independent of boatoon the data viewable on the boatoon Marketplace and the information saved by boatoon, which they may require for the purpose of preserving evidence, accounting, etc.
  4. Users shall not be permitted to use addresses, contact details and email addresses acquired through use of the boatoon Marketplace for any other purpose than contractual and pre-contractual communication. Re-distribution of such details or use of the details for distributing advertisements shall not be permitted in particular, unless the respective member has explicitly agreed thereto beforehand.
  5. The user shall be liable to ensure that any file he or she submits does not contain any viruses or comparable programs. boatoon shall reserve the right to delete appropriate files without such action entitling the user to a claim. boatoon shall reserve the right to pledge for claims for damage expenses resulting from viruses.
  6. Irrespective of a termination of the agreement according to section 7, boatoon at its own discretion shall reserve the right to deny acceptance of specific advertisements or content to the Marketplace or to delete already published content or advertisements fully or partially. boatoon shall be entitled to remove user content in event of violation against these terms of use and/or if it contains illegal content and/or may be harmful to the reputation of the boatoon website. In event of such removal the user shall not be entitled to any damage compensation.

§ 6 Fees

  1. Users may register on the boatoon website free of charge.
  2. Unless agreed otherwise the vendor shall pay to boatoon a publication fee for the publication of an advertisement on the Marketplace, irrespective of whether the boat is sold successfully via the Marketplace or not. However, consumers shall be required to pay a fee only from the third advertisement posted simultaneously onwards. Additional options and use of various services, functions and tools that are provided to the users may incur additional costs. The rate of the charges shall depend on the currently valid table of fees. It can be downloaded here: www.boatoon.com/en/pricing-marketplace.html.
  3. The incurred fees may be paid by the user either by wire transfer, bank draft (direct debit) or by credit card (Mastercard or VISA) and shall be due for payment immediately unless the parties have reached an alternative agreement. If an outstanding liability fails to be collectable the user shall reimburse to boatoon the additionally incurred costs insofar as he or she is responsible for such failure of collection.
  4. Price changes shall be announced on the boatoon website in due time before they become effective. boatoon may change the fees charged in relation to the Marketplace anytime.
  5. The user shall only be entitled to a counterclaim insofar as his claim has been established as final and absolute, is uncontested and has been approved by boatoon.

§ 7 Licence to use, termination of contract

  1. Users may terminate the agreement anytime without stating a reason. This may be accomplished on the boatoon website using the contact form that is accessible from every page by stating the user name and an email address registered with the boatoon website. Termination by a user shall in doubt apply to his or her membership of the Marketplace, but not the boatoon Club unless this is stated explicitly in the notice of termination.
  2. boatoon shall be entitled to cancel the agreement on exceptional grounds within a period of notice of two weeks. The right to extraordinary cancellation due to important grounds shall remain untouched thereby if continuation of the contractual agreement for the legally stipulated period of termination is not deemed reasonable for boatoon after taking into account all circumstances of the case and after weighing up the interests of boatoon and the user.
  3. Important reasons are in particular if the user
    • states false contact details, especially a false or invalid email address
    • transfers his or her user account to third parties
    • considerably harms other boatoon users or boatoon, especially by misuse of boatoon services
  4. Irrespective of a cancellation according to section 7.3 boatoon may be entitled to issue a warning in event of an important reason, or block access to the services of the boatoon website temporarily or permanently. Such important reason shall apply in particular if there is specific evidence that a member is violating the statutory requirements, third party rights or the provisions of these T&C, or when boatoon has a different legitimate interest, particularly for protecting users from fraudulent activities. When selecting an action boatoon shall take into account the legitimate interest of the respective user, particularly whether there is evidence that the user may not be responsible for such violation.
  5. Once a user has been barred permanently there shall be no right to restoration of the barred user account or evaluation profile. As soon as a user has been barred he or she shall not be permitted to use the boatoon website with any other user account and may not register anew.

§ 8 Guarantee

  1. boatoon is neither party nor representative of a party nor broker of a trade that may be accomplished between users. boatoon shall not accept responsibility for contract negotiations, conclusion of a contract and fulfilment of a contract.
  2. boatoon especially shall not be responsible for the correctness and completeness of the details and declarations stated by users as well as the identity and integrity of the clients.
  3. To boatoon, the content and advertisements posted in the database are foreign content in the context of section 8, sub-section 1 of the German Teleservices Act [“Telemediengesetz” (TMG)]. Therefore, the person who enters content into the database shall bear legal responsibility for such content.
  4. With the current state of the technology it is not possible to rule out all risks related to use of the Internet. boatoon shall therefore not accept liability for technical faults, particularly for permanent availability of the Marketplace and its content, or for complete and error-free reproduction of the content and advertisement posted in the database by users.

§ 9 Liability

  1. Should any claims for compensation put forward against boatoon or their vicarious agents require slight negligence they shall only be permitted if a substantial contractual obligation has been violated. A substantial contractual obligation shall include such where the user was able to rely on its fulfilment and where its orderly fulfilment would have made the fulfilment of the agreement possible in the first place. In this case the rate of entitlement to damage compensation shall be limited to the damage that is typically foreseeable.
  2. Claims for bodily harm and damage to property according to the product liability act shall remain unaffected thereof. In addition, the aforementioned exclusions and limitations of liability shall not apply if an explicit guarantee has been issued by boatoon or in event of claims due to missing properties.

§ 10 Rights

  1. By submitting the content for publication on the Marketplace the user shall transfer to boatoon the right to use such content without limitation to time or space for all types of use necessary for publication and hosting in the database, and which also may be necessary for enabling access by third parties. This shall also include in particular, but not exclusively, the right to store, copy, host and publish such content and to transfer it to third parties.
  2. The user may not use data, fully or partially, that he or she has acquired through querying to create his or own database irrespective of the type of media, or to use the data for any other commercial purpose. Moreover it shall not be permitted to link the database of parts thereof to other databases or meta databases.

§ 11 Indemnification of the provider by the user

  1. In the event that other users of third parties should put forward claims against boatoon due to violation of their rights resulting from content posted on the boatoon website the user shall indemnify boatoon against all such claims, including claims for damage expenses. In addition the user shall indemnify boatoon from all claims, including claims for damage expenses, that are put forward against boatoon by other users or third-parties due to violation of their rights resulting from use of the boatoon website services by the user. The user shall bear all reasonable costs incurred by boatoon due to violation of third-party rights, including reasonable rights incurred for legal defence. All further rights and claims for damages by boatoon shall remain untouched. The user shall have the right to prove that boatoon actually incurred lower costs. Insofar as the user does not bear responsibility for the corresponding violation of rights, the aforementioned obligations of the user shall not apply.
  2. In the event of violation of third-party rights by user content the user shall, by choice of boatoon, acquire the right to use the content from the user at his or her own expense or alter the content so that it is free from proprietary rights. If third-party rights are violated by the user by using the services of the boatoon website he or she shall cease violation of the contract and/or illegal use immediately upon request by boatoon.

§ 12 Data privacy

  1. boatoon shall adhere to all relevant statutory data protection requirements, such as the German data protection law, European data protection guidelines and any other applicable data protection rights, and is aware of the severe importance to the user of carefully handling all personal data he or she submits to the boatoon website. Without authorization, boatoon shall not disclose personal data of users to third parties or make it available to third parties by any other means.
  2. The user shall also note that boatoon records, processes and utilizes data on usage and settlement exceeding the fulfilment of contract as far as this may be necessary for billing purposes.
  3. The user shall have the right to withdraw his or her authorization with immediate effect at any time and with future effect. In case of such withdrawal boatoon shall delete the personal data immediately unless an ordering process has not been completed fully and/or cancellation would contradict compulsory statutory storage periods.
  4. The website www.boatoon.com uses Google Analytics, a web analysis services from Google Inc. (“Google”). Google Analytics uses so-called “cookies”, i.e. text files that are saved on the computer and enable analysis of website usage. The data regarding your use of this website generated by the cookie (including your IP address) is transferred to a server of Google in the US and stored there. Google uses this data to analyse your usage of the website, to compile reports on website activity for the website operators and to accomplish further services related to use of the website and the Internet. Google may also disclose this data to third parties insofar as this is legally required or as far as third parties process such data on behalf of Google. Under no circumstances will Google bring your IP address into relation with other data of Google. You may prevent such installation of cookies by using the corresponding setting of your browser software; however, we do point out that in such a case you may not be able to use all functions of this website to their full extent. By using this website you agree that the data Google has recorded about you may be used in the aforementioned form and manner and for the aforementioned purpose.

§ 13 Amendments to the terms & conditions

  1. boatoon shall reserve the right to amend these T&C anytime without stating a reason unless this is not reasonable to the user. boatoon shall inform the users about changes to the T&C in due time. The T&C shall be deemed as approved by the user unless the user objects to the applicability of the new T&C within 14 days. The objection must be submitted in writing. In the notification to the user boatoon shall indicate the user’s right to object as well as the importance of the objection period.
  2. In the event that an objection against the changed T&C is submitted by a user within the stated period, boatoon shall be entitled to cancel the agreement existing with the user at the time when the changes become effective while observing the legitimate rights of the user. Content of the user that has not been deleted by the user at this time will then be deleted by boatoon.

§ 14 Power of revocation

Insofar as you as a consumer are acting according to legal requirements you may revoke your approval of these T&C and the contract of use concluded therewith as follows:

1. Right to revoke
You may cancel your contractual declaration in writing (e.g. letter, fax, email) without stating reasons within 14 days. The period of revocation starts once you have received this notice in text format, but not before conclusion of the contract and not before we have met our obligation to inform according to section 246 sub-section 2 in correspondence with section 1 sub-sections 1.1 and 2 of the Introductory Law to the German Civil Code [“EGBGB”] as well as our obligations subject to section 312e sub-section 1 sentence 1 of the German Civil Code [“BGB”] in connection with article 246 section 3 of the EGBGB. Dispatch of the revocation within the set period shall suffice to meet the revocation deadline. The revocation notice shall be addressed to:

      boatoon GmbH
      Schlesische Str. 29-30
      10997 Berlin
      Email: info@boatoon.com

2.    Consequences of revocation
If a revocation should become effective the services received by both parties shall be returned and, if applicable, utilization reimbursed (e.g. interest). If you cannot return the received service to us in full or in parts or can only return it in a worsened condition you may have to provide compensation for lost value. This means that you also may have to fulfil the contractual payment obligations for the period of revocation. Obligations to refund payments must be met within a period of 30 days. The period of grace shall begin at the time you dispatch your notice of revocation and for us with its receipt.

3. Special notice

Your right to revoke shall expire prematurely if the contract has been fulfilled in full by both sides following your express request, before you have exercised your right to revoke.

End of the revocation notice.

§ 15 Final clause

  1. Changes and amendments shall be in writing; this shall also apply to cancellation of written form. Oral agreements shall only become effective when they have been confirmed in writing.
  2. If one or several provisions should become ineffective this shall not affect the effectiveness of the remaining provisions. If a provision should become ineffective the parties shall agree that it be replaced by a regulation that comes closest to the economically intended purpose.
  3. The user may transmit all declarations to boatoon via email by using the contact form that can be accessed from any of the boatoon websites or by letter, providing nothing else has been agreed. boatoon may transmit declarations to the user by email, fax or letter to the addresses the user has stated as his current contact details in his user account.
  4. German law shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Berlin shall be place of jurisdiction insofar as this can be agreed. If as the user is a tradesman, a legal person according to public law or a special fund under public law the place of jurisdiction for all disputes arising from the contractual obligations between boatoon and the user shall be the registered office of the provider.

As of: July 2010

oben

boatoon “Charter” – General Terms and Conditions of Use

§ 1 Scope of application

boatoon GmbH, Schlesische Strasse 29-30, 10997 Berlin, Germany (hereinafter called "boatoon") provides the “Charter" online platform to online users at the URL www.boatoon.com (hereinafter called "charter platform"). These terms and conditions of use (hereinafter called “T&C”) shall apply to all users of the charter platform and can be viewed, printed and downloaded/saved anytime using the link “T&C" on the boatoon website.

§ 2 boatoon charter services

  1. boatoon Charter is an online platform where natural and legal persons (hereinafter called “users”) who have registered a user account with the boatoon website may publish offers for boat charters (hereinafter called “boat charter”) insofar as such offer does not violate any statutory requirements or these T&C. In accordance with these T&C, boatoon shall grant users currently free-of-charge access to the database via the “charter” category and enable them to publish their own advertisements in the database via the “advertise” category.
  2. boatoon shall not be offerer of boat charters and shall not act as a representative of the offerer of the boat charter offers stored in the database. Thus, boatoon shall not become contracting partner of the agreements concluded exclusively directly between users of this online platform. Fulfilment of the contracts concluded via this charter platform shall be effected exclusively between the users themselves. boatoon shall only provide the charter platform and is not a travel operator. boatoon therefore shall not owe the provision of travel services and shall not be liable in case of non-accomplishment or poor accomplishment of the services agreed in the contract. All mutual claims, particularly concerning warranties and/or guarantees, must be claimed from the respective contracting partner.
  3. The charter platform offers users the technical means to use the charter platform to post content by themselves within the framework provided by boatoon. Any content published on the charter platform by users shall not be checked in general as to whether it is correct, legitimate or complete, and shall not represent the opinion of boatoon.
  4. boatoon shall reserve the right to edit, prepare and adapt the content of users by technical means so that it may also be displayed on mobile devices or by third-party software applications. The users shall bear sole responsibility for viewing the complete content of an offer on the charter platform before making a decision if an agreement is concluded via a mobile device or third-party software application.

§ 3 User agreement

  1. boatoon shall provide the functions described in section 2 to the users of the charter platform. boatoon may state certain requirements to be met for use of the charter platform, such as verification of registration data and term of membership.
  2. The user shall submit an offer for a contract concerning use of the charter platform by submitting his or her first order to publish an advertisement. boatoon shall send the user a corresponding confirmation email. boatoon shall accept the order by activating the advertisement. Commissioning of an order shall constitute a binding order by the user to conclude a corresponding agreement.
  3. boatoon may restrict its services temporarily if this is deemed necessary with regard to capacity limitations, the safety or integrity of the servers or if technical work needs to be undertaken, and if this serves to guarantee or improve the services (maintenance work). In such a case boatoon shall take into account the interests of the users, e.g. by prior notification. The limitation of liability of these T&C shall remain untouched by the aforementioned stipulation.

§ 4 Publishing advertisements, formation and processing of a booking

  1. Following successful registration the user shall be entitled to post advertisements within the context of the charter platform as long as he or she has accepted these general terms and conditions. Therefore, the user shall complete the input form provided by boatoon stating the departure port, general period of availability, price, available localtions and any additional necessary information. Such an advertisement posted on the charter platform shall not constitute a binding offer but shall only serve to provide initial details.
  2. The period of validity for advertisements shall be limited to a maximum of three months per advertisement. The user shall be entitled to extend the validity of the advertisement once by a further three months. After this period has expired boatoon shall be entitled to delete the content. Moreover, boatoon shall reserve the right to delete user content that has exceeded the stated period of validity.
  3. If a user is interested in an advertisement published on the charter platform he or she may request a binding offer from the offerer via the platform and also add requests for additional services insofar as such services are required for accepting the charter offer.
  4. The charter offerer shall then be entitled but not required to submit a binding offer for charter of the boat based on the user’s request. This binding offer must include all important details regarding the contract to be concluded as well as the services to be provided. The offerer may include his or her general terms and conditions with the binding offer. If an offer is submitted a fee will be payable to boatoon, depending on the currently valid table of fees. The table of fees may be requested from www.boatoon.com/de/pricing.html.
  5. The user may accept this binding offer by clicking on the “Accept” button on the online platform, whereby he or she must accept the general terms and conditions of the vendor should he or she be employing such. After the user has accepted the offer the charter platform shall send a special confirmation email to the user as well as to the offerer stating the relevant contract details as well as the name and contact details of the user.
  6. The general terms and conditions of the offerer shall apply in addition to the general terms and conditions of boatoon. The general terms and conditions of the offerer may include terms of payment, provisions on settlement dates, liability, cancellation, rebooking and refunding (if planned) as well as other booking and tariff details so they may be studied carefully before making a booking. In certain cases we recommend consulting the corresponding offerers regarding their applicable terms and conditions before making a booking.

§ 5 Content of advertisements

  1. boatoon shall decide on the positioning of the advertisements at its own discretion. At any time boatoon shall be entitled to limit the space and time of the availability of content on the charter platform as well as the amount.
  2. Only legitimate boat charter offers may be posted on the charter platform. Other content, especially loss-leader prices as offers for boats and/or boat equipment of which the user currently is not authorized to dispose of shall not be permitted.
  3. The offers must be posted in the suitable category and must be described truthfully and completely. All properties and characteristics that are essential for reaching a purchase decision must be described truthfully. The details of payment also must be stated in full. The user may also post image files that exclusively represent the boats within the context of a boat charter offered by the user with the purpose of describing the boat charter. boatoon shall not assume responsibility for the display quality of posted image files.
  4. When making offers to consumers, entrepreneurs are required to state the legally required consumer protection information and to issue statement of the statutory right to withdrawal or return the goods, insofar as such exists.
  5. Neither the description of the travel services or the used images may infringe third-party rights and may only refer to the offered boat charter. Advertisement of goods not offered on the charter platform shall not be permitted.
  6. Users may not manipulate the search function of the charter platform, for instance by maliciously inserting names of brands and/or other keywords into the description of the boats or services.
  7. Posting of content by users on behalf of third-parties without their explicit prior approval shall not be permitted. Telephone numbers and/or addresses may not be published on the charter platform without such approval in particular.

§ 6 Fees

  1. Users may register on the boatoon website and post advertisements for chartering free-of-charge.
  2. Unless agreed otherwise the charter offerer shall pay to boatoon a publication fee for the submission of an offer in the charter area, irrespective of whether the boat is chartered via the boatoon area or not. Additional options and use of various services, functions and tools that are provided to the users may incur additional costs. The rate of the charges shall depend on the currently valid table of fees. It can be downloaded here: www.boatoon.com/en/pricing-charter.html.
  3. The incurred fees may be paid by the user either by wire transfer, bank draft (direct debit) or by credit card (Mastercard or VISA) and shall be due for payment immediately unless the parties have reached an alternative agreement. If an outstanding liability fails to be collectable the user shall reimburse to boatoon the additionally incurred costs insofar as he or she is responsible for such failure of collection.
  4. Price changes shall be announced on the boatoon website in due time before they become effective. boatoon may change the fees charged in relation to the boat exchange anytime.
  5. The user shall only be entitled to a counterclaim insofar as his claim has been established as final and absolute, is uncontested and has been approved by boatoon.

§ 7 Obligations and responsibilities regarding content, data and/or details of users

  1. The user shall bear responsibility for the content he or she has posted. He or she shall be responsible especially to ensure that the content is not unlawful, does not infringe third-party rights and is not immoral. Unlawful content shall include, among others, such content that infringes the intellectual, commercial or other third-party rights, particularly copyright, trademarks or personal rights of third parties. Users may not use offensive or defamatory content, irrespective of whether this affects other users, employees of boatoon, or other persons or organisations. Users may not publish or distribute messages or data including content that is pornographic, harmful to youths, illegal, racist and/or glorifies violence. Moreover, a user may not molest other users with spam in an unbearable manner. Finally, the user may not induce in anticompetitive action or promote such activity, including progressive acquisition of customers (e.g. chain, snowball or pyramid systems).
  2. Advertising on the charter platform for such services that, if offered, purchased or sold, violate statutory provisions, third-party rights or are immoral shall not be permitted in particular. The boatoon charter platform shall reserve the right to act stricter than legally required in individual cases.
  3. Users are responsible for archiving on a data carrier independent of boatoon the data viewable on the boatoon charter platform and the information saved by boatoon which they may require for the purpose of preserving evidence, accounting, etc.
  4. Users shall not be permitted to use addresses, contact details and email addresses acquired through use of the charter platform for any other purpose than contractual and pre-contractual communication. Re-distribution of such details or use of the details for distributing advertisement shall not be permitted in particular, unless the respective member has explicitly agreed thereto beforehand.
  5. The user shall be liable to ensure that any file he or she submits does not contain any viruses or comparable programs. boatoon shall reserve the right to delete appropriate files and without such action entitling the user to a claim. boatoon shall reserve the right to pledge for claims for damage expenses resulting from viruses.
  6. Irrespective of a termination of the agreement according to section 7, boatoon at its own discretion shall reserve the right to deny acceptance of specific advertisements or content to the charter platform or to delete already published content or advertisements fully or partially. boatoon shall be entitled to remove user content in event of violation against these terms of use and/or if it contains illegal content and/or may be harmful to the reputation of the boatoon website. In event of such removal the user shall not be entitled to any damage compensation.

§ 8 Licence to use, termination of contract

  1. Users may terminate the agreement anytime without stating a reason. This may be accomplished on the boatoon website using the contact form that is accessible from every page by stating the user name and an email address registered with the boatoon website. Termination by a user shall in doubt apply to his or her membership of boatoon Charter, but not the boatoon Club unless this is stated explicitly in the notice of termination.
  2. boatoon shall be entitled to cancel the agreement on exceptional grounds within a period of notice of two weeks. The right to extraordinary cancellation due to important grounds shall remain untouched thereby if continuation of the contractual agreement for the legally stipulated period of termination is not deemed reasonable for boatoon after taking into account all circumstances of the case and after weighing up the interests of boatoon and the user.
  3. Important reasons are in particular if the user
    • states false contact details, especially a false or invalid email address
    • transfers his or her user account to third parties
    • considerably harms other boatoon users or boatoon, especially by misuse of boatoon services
  4. Irrespective of a cancellation according to section 7.3 boatoon may be entitled to issue a warning in event of an important reason or block access to the services of the boatoon website temporarily or permanently. Such important reason shall apply in particular if there is specific evidence that a member is violating the statutory requirements, third party rights or the provisions of these T&C, or when boatoon has a different legitimate interest, particularly for protecting users from fraudulent activities. When selecting an action, boatoon shall take into account the legitimate interest of the respective user, particularly whether there is evidence that the user may not be responsible for such violation.
  5. Once a user has been barred permanently there shall be no right to restoration of the barred user account. As soon as a user has been barred he or she shall not be permitted to use the boatoon website with any other user account and may not register anew.

§ 9 Guarantee

  1. boatoon is neither party nor representative of a party or user. boatoon shall not accept responsibility for contract negotiations, conclusion of a contract and fulfilment of a contract.
  2. boatoon especially shall not be responsible for the correctness and completeness of the details and declarations stated by users as well as the identity and integrity of the clients.
  3. To boatoon, the content and advertisements posted in the database are foreign content in the context of section 8, sub-section 1 of the German Teleservices Act [“Telemediengesetz” (TMG)]. Therefore, the person who enters content into the database shall bear legal responsibility for such content.
  4. With the current state of the technology it is not possible to rule out all risks related to use of the Internet. boatoon shall therefore not accept liability for technical faults, particularly for permanent availability of the charter platform or boatoon website and its content, or for complete and error-free reproduction of the content and advertisement posted in the database by users.

§ 10 Liability

  1. Should claims for compensation put forward against boatoon or their vicarious agents require slight negligence they shall only be permitted if a substantial contractual obligation has been violated. A substantial contractual obligation shall include such where the user was able to rely on its fulfilment and where its orderly fulfilment would have made the fulfilment of the agreement possible in the first place. In this case the rate of entitlement to damage compensation shall be limited to the damage that is typically foreseeable.
  2. Claims for bodily harm and damage to property according to the product liability act shall remain unaffected thereof. In addition, the aforementioned exclusions and limitations of liability shall not apply if an explicit guarantee has been issued by boatoon or in event of claims due to missing properties.

§ 11 Rights

  1. By submitting the content for publication on the charter platform the user shall transfer to boatoon the right to use such content without limitation to time or space for all types of use necessary for publication and hosting in the database, and which also may be necessary for enabling access by third parties. This also includes in particular, but not exclusively, the right to store, copy, host and publish such content and to transfer it to third parties.
  2. The user may not use data, fully or partially, that he or she has acquired through querying to create his or own database irrespective of the type of media, or to use the data for any other commercial purpose. Moreover it shall not be permitted to link the database of parts thereof to other databases or meta databases.

§ 12 Indemnification of the provider by the user

  1. In the event that other users of third parties should put forward claims against boatoon due to violation of their rights resulting from content posted on the boatoon website the user shall indemnify boatoon against all such claims, including claims for damage expenses. In addition the user shall indemnify boatoon from all claims, including claims for damage expenses, that other are put forward against boatoon by other users or third-parties due to violation of their rights resulting from use of the boatoon website services by the user. The user shall bear all reasonable costs incurred by boatoon due to violation of third-party rights, including reasonable rights incurred for legal defence. All further rights and claims for damages by boatoon shall remain untouched. The user shall have the right to prove that boatoon actually incurred lower costs. Insofar as the user does not bear responsibility for the corresponding violation of rights, the aforementioned obligations of the user shall not apply.
  2. In the event of violation of third-party rights by user content the user shall, by choice of boatoon, acquire the right to use the content from the user at his or her own expense or alter the content so that it is free from proprietary rights. If third-party rights are violated by the user by using the services of the boatoon website he or she shall cease violation of the contract and/or illegal use immediately upon request by boatoon.

§ 13 Data privacy

  1. boatoon shall adhere to all relevant statutory data protection requirements, such as the German data protection law, European data protection guidelines and any other applicable data protection rights, and is aware of the severe importance to the user of carefully handling all personal data he or she submits to the boatoon website. Without authorization, boatoon shall not disclose personal data of users to third parties or make it available to third parties by any other means.
  2. The user shall also note that boatoon records, processes and utilizes data on usage and settlement exceeding the fulfilment of contract as far as this may be necessary for billing purposes.
  3. The user shall have the right to withdraw his or her authorization with immediate effect at any time and with future effect. In case of such withdrawal boatoon shall delete the personal data immediately unless an ordering process has not been completed fully and/or cancellation would contradict compulsory statutory storage periods.
  4. The website www.boatoon.com uses Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses so-called “cookies”, i.e. text files that are saved on the computer and enable analysis of website usage. The data regarding your use of this website generated by the cookie (including your IP address) is transferred to a server of Google in the US and stored there. Google uses this data to analyse your usage of the website, to compile reports on website activity for the website operators and to accomplish further services related to use of the website and the Internet. Google may also disclose this data to third parties insofar as this is legally required or as far as third parties process such data on behalf of Google. Under no circumstances will Google bring your IP address into relation with other data of Google. You may prevent such installation of cookies by using the corresponding setting of your browser software; however, we do point out that in such a case you may not be able to use all functions of this website to their full extent. By using this website you agree that the data Google has recorded about you may be used in the aforementioned form and manner and for the aforementioned purpose.

§ 14 Amendments to the terms & conditions

  1. boatoon shall reserve the right to amend these T&C anytime without stating a reason unless this is not reasonable to the user. boatoon will inform the users about changes to the T&C in due time. The T&C shall be deemed as approved by the user unless the user objects to the applicability of the new T&C within 14 days. The objection must be submitted in writing. In the notification to the user boatoon shall indicate the user’s right to object as well as the importance of the objection period.
  2. In event that an objection against the changed T&C is submitted by a user within the stated period, boatoon shall be entitled to cancel the agreement existing with the user at the time when the changes become effective while observing the legitimate rights of the user. Content of the user that has not been deleted by the user at this time will then be deleted by boatoon.

§ 15    Right to revoke

Insofar as you as a consumer are acting according to legal requirements you may revoke your approval of these T&C and the contract of use of the charter platform concluded therewith as follows:

1. Right to revoke
You may cancel your contractual declaration in writing (e.g. letter, fax, email) without stating reasons within 14 days. The period of revocation starts once you have received this notice in text format, but not before conclusion of the contract and not before we have met our obligation to inform according to section 246 sub-section 2 in correspondence with section 1 sub-sections 1. 1 and 2 of the Introductory Law to the German Civil Code [“EGBGB”] as well as before accomplishment of our obligations subject to section 312e sub-section 1 sentence 1 of the German Civil Code [“BGB”] in connection with article 246 section 3 of the EGBGB. Dispatch of the revocation within the set period shall suffice to meet the revocation deadline. The revocation notice shall be addressed to:

      boatoon GmbH
      Schlesische Str. 29-30
      10997 Berlin
      Email: info@boatoon.com

2. Consequences of revocation
If a revocation becomes effective the services received by both parties shall be returned and, if applicable, utilization reimbursed (e.g. interest). If you cannot return the received service to us in full or in parts or can only return it in a worsened condition you may have to provide compensation for lost value. This means that you also may have to fulfil the contractual payment obligations for the period of revocation. Obligations to refund payments must be met within a period of 30 days. The period of grace shall begin at the time you dispatch your notice of revocation and for us with its receipt.

3. Special notice
Your right to revoke shall expire prematurely if the contract has been fulfilled in full by both sides following your express request, before you have exercised your right to revoke.

End of the revocation notice.

§ 16 Final clause

  1. Changes and amendments shall be in writing; this shall also apply to cancellation of written form. Oral agreements shall only become effective when they have been confirmed in writing.
  2. If one or several provisions should become ineffective this shall not affect the effectiveness of the remaining provisions. If a provision should become ineffective the parties shall agree that it be replaced by a regulation that comes closest to the economically intended purpose.
  3. The user may transmit all declarations to boatoon via email by using the contact form that can be accessed from any of the boatoon websites or by letter, providing nothing else has been agreed. boatoon may transmit declarations to the user by email, fax or letter to the addresses the user has stated as his current contact details in his user account.
  4. German law shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Berlin shall be place of jurisdiction insofar as this can be agreed. If as the user is a tradesman, a legal person according to public law or a special fund under public law the place of jurisdiction for all disputes arising from the contractual obligations between boatoon and the user shall be the registered office of the provider.

As of: July 2010

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