General Terms of Business
§ 1 Scope of application
With participation in Boating24.com the advertiser/user accepts the latest version of the general terms of business. The current version can be seen online at any time. Differing terms of business of the customers have no validity. These general terms of business shall apply to all existing and future contractual relationships.
Advertisers are dealers using the online platform Boating24.com to offer others the possibilty to conclude a contract against payment. Every other visitor of the website boat 24.com is a user, irrespective of using the services with or without fee.
The terms 'boats' used below shall stand for the terms yachts, boats, vessels, marine/water craft, other related marine/water craft, product or service as well as combinations of the aforementioned terms and synonymous terms.
§ 2 Contract of use
With forwarding of the application form (by fax or online) the advertiser submits an offer for the use of the databank against fee. The contract comes into effect when the presentation order reaches Boating24.com. The acceptance of this application and herewith the conclusion of the contract will be confirmed by Boating24.com by a separate mail.
If there shall arise any modification of the given data after the registration, the advertiser is obliged to change the data immediately or to give notice to Boating24.com.
The contract can be terminated by either party without a period of notice at the end of every month in writing, either by fax or by letter.
§ 3 Performance
Boating24.com provides an Internet platform where boats can be presented. Boating24.com makes every reasonable effort to maintain the availability of the databank within technical and operational limits. Availability can temporarily be limited or interrupted owing to technical failures such as interruption of power supply, congestion or overload of the telecommunications network, technical problems of the service provider of the Internet or any other circumstances beyond the control of Boating24.com.
Dealers use the website Boating24.com to publish boat offers, either for sale or for charter boats.
The advertiser guarantees that the provided contents and information of each boat presentation doesn't infringe the rights of third parties, especially the propriety rights of photos, text descriptions and maps. Boating24.com reserves the right to reject, modify or completely delete advertisements. Boating24.com also reserves the right to discontinue access to individual advertisers/users.
§ 4 Prices
The fees as stated in the current price list on the website shall apply. The prices at the time of the placement of the order are valid. All prices given are net prices unless otherwise stated. The prices are subject to VAT at the current rate provided that VAT is applicable under German law.
§ 5 Warranty and liability
Boating24.com does not take any warranty for information/contents that the dealers provide. The dealers are responsible for all the information provided. All entries shall be made truthfully and with due care.
Boating24.com can only be held liable for damage caused by proven malicious or grossly negligent breach of contractual duty limited to typical foreseeable damage. Additionally, Boating24.com is liable according to the regulations of law and this contract, provided that liability for all cases of slight negligence is excluded.
§ 6 Data protection
Personal data which Boating24.com receives in the course of the registration as well as to carry out services or communication services shall only be stored and processed to such extent as permitted by the customer or strict observance of relevant rules or regulations.
§ 7 Applicable law
The place of jurisdiction is Münster, Germany to the extent permitted by law. The laws of the Federal Republic of Germany and the European Union shall be applicable.
§ 8 Final provisions
Should one or more regulations of these terms and conditions be ineffective this shall not result in the ineffectiveness of the overall contract. Any ineffective provision shall be replaced by the parties by an enforceable provision that most closely matches the intent of the original provision.