Terms and Conditions of boatoon GmbH
§1 Scope of Application
- These sales terms ("STs“) shall apply in their latest version to all sales agreements concluded between a user (hereinafter “client”) and boatoon GmbH (“boatoon”) with regard to the goods exhibited by boatoon in the online shop (“shop”).
- Any terms and conditions of the client that deviate from these sales terms, including amendments and supplements, shall only apply insofar as they have been acknowledged in writing by boatoon. This shall also apply if no explicit objection against the terms of business and/or delivery has been raised by the client.
§ 2 Contracting Partner
Unless explicitly stated otherwise, sales contracts submitted by the client within the context of these STs shall be concluded with boatoon GmbH.
Am Pichelssee 48-50
Berlin Charlottenburg Company Register, no. HRB 126511 B
Managing Director: Torben Knappe, Danilo Klippel
§ 3 Conclusion of Contract
- Presentation of the goods in the shop shall not constitute a binding offer by boatoon to conclude a sales agreement. The client shall be only invited to submit an offer by placing an order.
- 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 selection of the shop at the shop website www.boatoon.com/en/shop and collect them in a so-called shopping cart by using the "Add to cart” button. The client shall place a binding offer to purchase the goods placed in the shopping cart by using the “Pay and confirm order” button. The client may view and change the data anytime before submitting the order. The order may only be submitted and transmitted, however, after the client has accepted these sales term.
- boatoon will then send the client an automatic email confirmation of receipt that lists the order placed by the client again and which the client may print out using the “Print” option. The automatic conformation of receipt shall not be deemed as an acceptance of the order; it shall merely 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, which shall be dispatched in a separate email within 2 working days at the latest. boatoon shall be entitled to deny acceptance of the order.
- boatoon shall store the order data and clients may access such data via the password-protected user account once they have placed their order, provided they have set up a user account in the shop before placing their order by doing so at the end of the ordering process. The order will also be sent to the client by email.
§ 4 Right of Cancellation
If you are a consumer as stipulated by law you may revoke your declaration of contract as follows:
1. Right of Cancellation
You may cancel your declaration of contract without giving any reason for up to 30 days.
The cancellation period shall start 30 days from the day you or a third-party authorized by you who is not the carrier has been transferred title to the goods. It shall be regarded as sufficient to dispatch the cancellation in due time in order to meet the cancellation deadline. In order to exert your right to cancellation you must send us an explicit declaration (e.g. a letter by post, facsimile or email) informing us of your decision to cancel this agreement. You may use our cancellation form for this purpose although its use is not mandatory. The cancellation notice must be addressed to:
boatoon GmbH, Am Pichelssee 48-50, 13595 Berlin
Email: firstname.lastname@example.org, Tel: +49 30 609 899 284, Fax +49 30 609 899 289
2. Consequences of Cancellation
If you cancel this agreement we will refund all payments we have received from you including the shipping costs (except any additional costs incurred because you chose a different type of delivery than our standard offer, cheapest delivery) immediately and at the latest within fourteen days after the day we received your notice of cancellation of this contract.
We will use the same method of payment for this refund as you used for the initial transaction unless we have explicitly agreed otherwise with you. We will under no circumstances charge you any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
You must return the goods immediately, or at the latest within fourteen days from the day you informed us of your cancellation, to boatoon GmbH, Retourenmanagement, Am Pichelssee 48-50, 13595 Berlin. The deadline shall be considered met if you send off the goods before the term of fourteen days expires. You must bear the shipping costs incurred directly for returning the goods.
You must only pay for a possible loss of value of the goods if this loss in value is due to handling the goods in a manner not intended for verifying the condition, properties and functionality of the goods.
The right of cancellation shall not apply to the following agreements:
- Agreements on the delivery of goods that are not pre-manufactured and where their production requires an individual selection or configuration by the consumer or that have been explicitly customized according to the requirements of the consumer.
- Agreements on the delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
End of the right of cancellation information
All stated prices are final prices, i.e. they include all price elements, including the currently applicable value added tax (sales tax). Additional prices for postage and packaging shall be stated separately.
§6 Delivery Proviso, Delivery
- boatoon shall deliver the ordered goods, provided they are in stock. boatoon shall be entitled to split the delivery. boatoon shall bear any additional shipping costs incurred due to partial delivery.
- boatoon will deliver the ordered goods to an address specified by the client. The regular delivery time will be stated with the corresponding product details. boatoon will immediately inform the client if a delivery is delayed. If delivery to the customer cannot be completed, for instance because there is no one present at the stated delivery address although the delivery was announced in due time, the customer shall bear the costs for the unsuccessful delivery. This shall not apply if the unsuccessful delivery is not the customer's fault.
- In the event that boatoon is unable to deliver the ordered goods without it being its own fault, boatoon shall be entitled to withdraw from the purchase agreement concluded with the client. The customer shall be informed immediately if boatoon is unable to deliver. This will not affect the customer’s statutory rights.
- Insofar as the client is a tradesman according to §14 of the German Civil Code "BGB" (who's dealings are the result of professional commercial or self-employed activities), the risk of accidental perishing and accidental impairment while shipping shall transfer to the client as soon as the goods have been surrendered to a suitable carrier. This shall also apply if boatoon splits the delivery into several partial deliveries.
§7 Shipping Costs
- Shipping within Germany costs 5,90€. Additional shipping costs may apply for heavier or bulky goods/items or shipment to countries other than listed above, as pointed out separately and individually in the product details and at a later stage in the order process. An additional shipping charge of € 9,90 will apply to all EU countries except Germany. €15 will apply for Switzerland and Norway. The goods shall be shipped by post.
- Customs charges, taxes and other fees may apply to deliveries to non-EU countries. You can find more information at , concerning import sales tax at , as well as special information about Switzerland at , for instance.
§8 Payment Methods
- Customers may pay by advance payment/bank transfer, Sofortüberweisung, pay-on-delivery, PayPal or by using their credit card (MasterCard, American Express or VISA). If you select payment by PayPal, Sofortüberweisung or credit card the account will be debited when the order is accepted.
- An additional charge or EUR 6.90 will apply to pay-on-delivery shipments.
- Boatoon shall reserve the right to exclude certain methods of payment or request payment in advance in certain cases, particularly if the accumulated value of the order is high (€500 or more).
§9 Retention of Title
Title to the delivered goods shall remain with boatoon until the goods have been paid for in full. Until then the client shall treat all goods and included materials with good care.
§10 Customer Services
Our customer service agents are available on working days between 8 am and 8 pm by calling +49 30 609 899 284 or by writing an email to email@example.com.
§11 Guarantee and Warranty
- The statutory regulations shall apply if the delivered goods are faulty unless stipulated otherwise 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 issue complaint according to article 377 of the German Commercial Code &quor;HGB”.
- If the complaints are justified the client shall provide written notice as to which right according to § 437 of the German Civil Code he or she is availing him- or herself of. If this right of choice is not exercised it shall be exercised by boatoon.
- Unless stipulated otherwise below, any further claims put forward by the client for reasons whatsoever shall be excluded. In such cases boatoon shall not be liable in particular for damages that have not occurred to the delivered item itself, for lost profits, or for other damages to the property of the ordering party.
- Insofar as the client is asserting claims for damages caused intentionally or grossly negligently by boatoon, its vicarious agents or representatives, boatoon shall be liable according to the statutory regulations. Liability for damages provided by boatoon shall be limited to foreseeable, typically occurring damage as long as boatoon cannot be found guilty of any intentional breach of contract. If boatoon has deliberately breached the contract fundamentally boatoon shall be liable according to the statutory regulations. 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.
- The statutory period of limitation 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 from the transfer of risk.
- In the event of a complaint you may contact the boatoon Service Centre at firstname.lastname@example.org or Tel: +49 30 609 899 280. Please do not send back individual parts, components or elements of goods without prior arrangement.
§12 Dispute Settlement
Online-Mediation according to Art. 14 Par. 1 ODR-VO: Die European Commission offers a plattform for Online-Mediation (OS), available at http://ec.europa.eu/consumers/odr/.
In order to settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer arbitration board. Responsible is the General Consumer Arbitration Center of the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute resolution procedure before this point.
All privacy regulations can be found in our Privacy Notice.
§14 Final Clause
German law shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods. Place of jurisdiction for all disputes arising from the contractual obligations between boatoon and the user shall be Berlin if the client is a tradesman, a natural person according to public law or a special fund under public law.
As of: 13 October 2015
A. General Terms & Conditions of Use
boatoon GmbH ("boatoon”) provides to online users various services and offers at the web address www.boatoon.com, including but not limited to the Marketplace and the Charter. These General Terms and Conditions of Use ("TCU”) shall apply to every user of the boatoon website insofar as not stipulated otherwise in the special terms and conditions of use for the individual offers. They can be accessed, printed and downloaded anytime by using the "Terms and Conditions" link on the boatoon website.
§ 1 Registration
- Registration is required for using certain services accessible through the www.boatoon.com website, such as the boatoon Marketplace. Registration is necessary to gain full access to these services. For this purpose users must enter their user name, contact details, email address and password. boatoon will send an email confirming receipt with the registration details immediately to the email address the user has stated. The registration process will be completed successfully once the user confirms by using the link sent to him. The activation link must be accessed to complete the registration. There shall be no right to registration.
- Only legal entities and natural persons fully capable of conducting business may register. A person registering for a natural person or legal entity must be authorized to conclude the corresponding agreements. Multiple registrations shall not be permitted as a general rule. The registration shall not be transferable.
- All details stated by the user upon registration shall be truthful and complete. Moreover, he or she shall inform boatoon immediately if any of the user details change. Boatoon usually will not verify the validity of details of users. However, boatoon shall reserve the right to verify the accuracy of specific details and, if necessary, request relevant 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.
- A user who already has been barred permanently from boatoon may not register anew without prior written approval by boatoon. The user shall select a password when registering. He or she shall assure to keep this password secret and not disclose it to third parties. Users must change their password immediately or inform boatoon if they have become aware of circumstances indicating a risk that third parties may have gained knowledge of the password or are using it. boatoon shall never disclose the password to a third party and shall never ask users for their password at any time.
- boatoon shall not guarantee the actual identity of a user. boatoon cannot determine by technical means whether a user registered on the boatoon website is actually the person he or she is claiming to be. Therefore, each user is required to convince himself/herself of the identity of other users.
§2 Obligations and Responsibilities for User Content, Data and/or Details
- The user shall bear sole responsibility for the content he or she submits as well as for communicating with others (publicly and non-publicly). The user shall preserve the rights and interests of other users or other third parties, particularly their personal rights.
- When using the boatoon website the user shall not be allowed to distribute, offer or make available any unlawful or immoral content. Unlawful content shall include, among others, such content that may infringe the intellectual, commercial or other third-party rights, particularly any copyright, trademark or personal rights of third parties. Users are prohibited from using offensive or defamatory content irrespective of whether this may affect other users, employees of boatoon or any other persons or organisations. Users are prohibited from publishing or distributing messages or data including content that is pornographic, harmful to youths, illegal, racist and/or glorifying violence. Moreover, a user may not molest other users – with spam for instance – in an unbearable manner. Finally, a user may not engage in anticompetitive action or promote such activity, including progressive acquisition of customers (e.g. chain, snowball or pyramid systems).
- 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):
- Evaluations must be truthful, factual and precise.
- Users may only evaluate goods and services they have used themselves.
- A user cannot evaluate his/her own entry. Business partners, employees and/or their relatives may only submit an evaluation if they disclose their relationship to the vendor of the goods or services.
- Any kind of advertising, open or covertly, shall be prohibited in general.
boatoon shall reserve the right to remove without prior notice any evaluations where there may be a suspicion of any violation against these rules and regulations.
- Users also shall not be permitted to user mechanisms, software or scripts in conjunction with using the boatoon website. However, use thereof 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 proper 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 explicitly prohibited as use thereof 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 any other applications that may impair or endanger the functionality or content of boatoon or any other website.
- The user shall refrain from any action that may be suitable for impairing the functionality of the boatoon infrastructure, particularly by generating excessive load, e.g. by distributing and publicly disclosing any content of the boatoon website or other users.
- Before submitting content the user shall duly ensure that the aforementioned requirements are met.
§3 Term of Use, Termination of Contract
- Users may terminate the registration agreement without giving reason anytime. This may be accomplished on the boatoon website using the contact form accessible from every page by stating the user name and a user email address registered with the boatoon website.
- boatoon shall be entitled to cancel the agreement due to exceptional grounds with a notice period of two weeks. The right to extraordinary cancellation due to important grounds shall remain untouched thereof 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.
- Important reasons shall be especially if the user:
- gives inaccurate 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 misusing boatoon's services
- Irrespective of a termination according to section 3.3 boatoon may be entitled to issue a warning in the event of an important reason, or block access to the services of the boatoon website temporarily or permanently. Such an 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 Terms and Conditions of Use or when boatoon has a different legitimate interest, particularly for protecting its 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.
- Once a user has been barred permanently there shall be no right to restoring 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.
If claims for compensation put forward against boatoon or its vicarious agents require slight negligence as a prerequisite irrespective of the legal grounds they shall only be permissible if a substantial contractual obligation has been violated. A substantial contractual obligation shall include such where a user was able to rely on its fulfilment and where its correct fulfilment would have made the fulfilment of the agreement possible in the first place. In this case the rate of entitlement to compensation of damages 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. Furthermore, the aforementioned liability exclusions and limitations shall not apply if an explicit guarantee has been issued by boatoon or in event of claims due to missing properties.
§5 Indemnification of the Provider by the User
- In the event that other users or third parties should put forward claims against boatoon due to a 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. Moreover, the user shall indemnify boatoon from all claims, including damage compensation claims that other users or third parties may assert against boatoon due to a violation of their rights resulting from use of the boatoon website by the user. The user shall bear all reasonable costs boatoon incurs as a result of a violation of third party rights including any reasonable legal defence costs. All further rights and claims for damages of boatoon shall remain untouched. The user shall have the right to prove that lower costs were actually incurred by boatoon. The aforementioned obligations of the user shall not apply insofar as the user does not bear responsibility for the corresponding violation of rights.
- In the event that user content violates third-party rights the user shall, by choice of boatoon, acquire the right to use the content at his or her own expense or alter the content in such a manner that it is free from any 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.
§6 Privacy Protection
All privacy regulations can be found in our Privacy Notice.
§7 Changes to the Terms and Conditions of Use
- boatoon shall reserve the right to amend these Terms and Conditions of Use anytime without giving reason unless this is not just and reasonable to the user. boatoon will inform the users about changes to the Terms and Conditions of Use in due time. The Terms and Conditions of Use shall be deemed approved by the user unless the user objects to the validity of the new Terms and Conditions of Use within 14 days after receiving this notification. The objection must be submitted in writing. With the notification to the user boatoon shall indicate the user’s right to object as well as the importance of the objection period.
- In the event that an objection against the changed T&Cs should be submitted by a user within the stated period boatoon shall be entitled to cancel the existing agreement with the user at the time 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 anonymized and marked with "deleted user”.
§8 Right of Cancellation
If you are a consumer in the legal sense you may cancel your declaration of contract as follows:
1. Right of cancellation:
You have the right to cancel this agreement within fourteen days without stating any reason. The cancellation period shall be fourteen days from the date of conclusion of the contract. In order to exert your cancellation right you must send us an explicit declaration (e.g. a letter by post, facsimile or email) informing us of your decision to cancel this agreement. You may use our cancellation form for this purpose although its use is not mandatory. The cancellation notice must be addressed to:
boatoon GmbH, Am Pichelssee 48-50, 13595 Berlin, email@example.com, Tel: +49 30 609 899 284, Fax +49 30 609 899 289
To meet the cancellation deadline you must only post the notice of exerting your cancellation right before the cancellation period expires.
2. Consequences of cancellation:
If you cancel this agreement we will refund all payments received from you including the shipping costs (except any additional costs incurred because you chose a different type of delivery than our cheapest standard delivery offer) immediately and at the latest within fourteen days after the date we have received your cancellation notice for this contract. We will use the same means of payment for this refund as you used for the initial transaction unless anything else has been agreed explicitly with you. We will under no circumstances charge you any additional fees for this refund.
If you demanded that the services should start during the cancellation period you must pay us a reasonable amount that corresponds to the share of services of the full scope of the services to be provided by the contract already provided to you at the time you informed us of your decision to exert your right to cancel his agreement.
3. Special notice:
Your right to cancel shall expire prematurely if the contract has been fulfilled in full by both parties, following your express request, before you have exercised your cancellation right.
End of the cancellation rights information
§9 Final Clause
- 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 subject to nothing else having 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.
- German law shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. 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 Berlin.
C. Special Provisions for the Marketplace and Charter
§ 10 The Marketplace, Closure of Contract
- The boat market is a marketplace where registered users may offer, sell or purchase boats or boat equipment (hereinafter called "items" or "goods") as long as such an offer, sale or purchase does not violate any statutory provisions or these Terms and Conditions of Use. boatoon shall grant users the currently free-to-use 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.
- 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 directly between the users of this marketplace. Fulfilment of any agreement concluded via the Marketplace shall also be concluded exclusively between the users themselves.
- The boat market offers users the technical means to use the Marketplace to post their own advertisements within the framework provided by boatoon. All content published on the Marketplace by its users generally is not checked for validity, correctness and completeness by boatoon and does not represent the opinion of boatoon. boatoon reserves the right to technically edit, alter and manipulate offers and content of users in such a manner that it can also be displayed on mobile devices or 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 when a bid is submitted via a mobile device or third-party software application or when an agreement is concluded via such a device or application.
- 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 currently valid table of fees (table of fees) of boatoon. boatoon will send the user a corresponding confirmation email. The offer is accepted by boatoon by activating this advert. The submission of the order shall constitute a binding offer by the user to conclude a corresponding agreement.
§ 11 Charter, Conclusion of Contract, Advertisements
- Charter is an online platform where registered users may publish boat charter offers (hereinafter "boat charter") insofar as such an offer does not violate any statutory regulations or these Terms and Conditions of Use. Within the scope of these Terms and Conditions of Use boatoon shall allow its users currently free-of-charge online access to the contents stored in the database through the "Charter" category as well as add own posts to the database using the "Offer" category. It is not necessary to register as a user to submit queries.
- boatoon shall not be the provider of boat charters and shall not act as a representative of the provider of the boat charter offers stored in the database. Thus, boatoon shall not become a contracting partner of the agreements concluded exclusively and 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, concerning warranties and/or guarantees in particular must be directed at the respective contracting partner.
- The charter platform offers users the technical means to use the charter platform to post content by themselves within the framework provided by boatoon. All content published on the charter platform by its users generally is not checked for validity, correctness and completeness by boatoon and does not represent the opinion of boatoon. boatoon reserves the right to technically edit, alter and manipulate offers and content of users in such a manner that it can also be displayed on mobile devices or 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 whether an agreement is concluded via a mobile device or third-party software application.
- The user shall submit an offer for a contract to use 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 be deemed a binding offer by the user to conclude a corresponding agreement.
- Therefore, to publish a post the user shall complete the input form provided by boatoon stating the departure port, general period of availability, price, available places and any additional necessary information. Such an advertisement posted on Charter shall not constitute a binding offer but shall only serve to provide initial details instead.
- If a user is interested in an advertisement published on the charter platform he or she may request a binding offer from the vendor via the platform and also add requests for additional services insofar as such services are required for accepting the charter offer. The charter provider shall then be entitled but not required to submit a binding offer to charter 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 provider 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 https://www.boatoon.com/en/charter/prices-services/. 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 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 provider stating the relevant contract details as well as the name and contact details of the user.
- The general terms and conditions of the provider shall apply in addition to the general terms and conditions of boatoon. The general terms and conditions of the provider may include terms of payment, provisions on settlement dates, liability, cancellation, rebooking and refunding (if planned) as well as other booking and tariff details to be studied carefully before making a booking. In certain cases we recommend consulting the corresponding providers regarding their applicable terms and conditions before making a booking.
§ 12 Use of the Marketplace and/or Charter
- boatoon shall provide the functions described in § 13 and 14 to the users of Marketplace and/or Charter. boatoon may state certain requirements to be met for use of the boat market, such as verification of registration data and term of membership.
- The rights of users to use Marketplace/Charter and their features shall be limited to the frame of the current state of technology. boatoon may restrict its services temporarily if necessary due to capacity limitations, the safety or integrity of the servers, if technical measures must be undertaken 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 vested interests of the users, e.g. by issuing information notices in advance. The limitation of liability of these Terms and Conditions of Use shall remain untouched by the aforementioned stipulation.
§ 13 Posting Advertisements, Content Requirements
- The term of validity depends on the terms of the tariff selected for publishing the ad. The user shall be entitled to extend the validity of the advertisement as often as desired. After this period of validity 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. boatoon shall decide on positioning the advertisements with its own discretion. At any time boatoon shall be entitled to limit the space and time when the content is available on the Marketplace including the amount.
- Only legitimate offers for selling boats and/or boat equipment may be posted on Marketplace/Charter. 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.
- 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 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 or yacht charters offered by the user with the purpose of describing the goods. boatoon shall not assume responsibility for the display quality of posted image files.
- When making offers to consumers, entrepreneurs are required to state the legally required consumer protection information and to issue a statement of the statutory right to cancellation or to return the goods, insofar as such exists.
- Neither the description of the goods or travel services or the used images may infringe third-party rights and may only refer to the offered goods or services. Advertisement of any goods or services not offered on Marketplace or Charter shall not be permitted.
- 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.
- Users shall not be permitted to post content on behalf of third-parties without their explicit prior approval. Telephone numbers and/or addresses may not be published on boatoon Guide in particular without such approval.
§ 14 Fees
Unless agreed otherwise the user shall pay to boatoon a publication fee for the publication of an advertisement on the boat market, irrespective of whether the boat is sold successfully via the Marketplace or not. Additional options and use of various services, functions and tools that are provided to the users may incur additional fees. The rate of the charges shall depend on the currently applicable table of fees, which can be viewed here.
Unless agreed otherwise the charter provider 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 are or not. Additional options and use of various services, functions and tools that are provided to the users may incur additional fees. The rate of the charges shall depend on the currently applicable table of fees, which can be downloaded here.
- The incurred fees may be paid by the user either by PayPal or by credit card (MasterCard, American Express 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.
- 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.
§ 15 Warranty
- boatoon is neither party nor agent of a party nor a broker of a transaction that may be concluded between users. boatoon shall not warrant for contract negotiations, conclusion of a contract and fulfilment of a contract. boatoon especially shall not be responsible for the accuracy and completeness of the details and declarations stated by users as well as the identity and integrity of the clients.
- 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.
- 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.
§ 16 Rights
- By submitting the content for publication on Marketplace or Charter the user shall transfer to boatoon the right to use such content without limitation in 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 transmit it to third parties.
- The user may not use data that he or she has acquired through querying, fully or partially, to create his or her own database irrespective of the type of media or to use the data for any other commercial purpose. Likewise it shall not be permitted to link the database or parts thereof to other databases or meta databases.
As of: 13 October 2015