This is a convenience translation translated from German to English – please be aware that only the German version is directly effective
Version: August 2024
§ 1 Legal form/ office – brokerage
1. Forsailors UG (haftungsbeschränkt) – hereinafter "Forsailors" – is a corporation with its registered office in Munich, Germany.
2. It operates a brokerage service for pleasure boats (hereinafter referred to as "boats") for recreational use at the address forsailors.com (hereinafter referred to as "Internet portal"). The boats on the Internet portal are operated by charter companies or lessors or charter companies (hereinafter referred to as "lessors"). Forsailors UG (haftungsbeschränkt) is hereinafter referred to as the "Intermediary".
3. These T&Cs apply to all reservation requests via the agent's internet portal, as well as to binding bookings of boats; regardless of whether the reservation requests were made non-binding or binding.
4. These T&Cs also apply in the event of conflicting terms and conditions of users who intend to book a boat (hereinafter "customer"). These conflicting terms and conditions do not apply even if the agent has taken note of the T&Cs of customers. Something else applies only if deviating expressly the validity of the terms and conditions of the customer were agreed in writing.
5. The customer commissions Forsailors within the framework of an agency agreement to advise him with regard to the services of the lessor and to arrange these for him. The contractual relationship between the customer and the lessor is governed by the contractual conditions agreed there and the General Terms and Conditions (T&Cs) of the respective service provider or their service providers. If a customer books a boat via Forsailors, the customer enters into a contractual relationship with the respective lessor.
§ 2 Brokerage
1. Forsailors is only an agent for boats from different providers. Forsailors is neither a tour operator nor a charter company or lessor itself. The provider of the boats and other services is exclusively the lessor of the boat.
2. The agent will forward the customer's inquiries to the respective landlord. The actual charter contract is therefore concluded exclusively between the customer and the lessor. The agent only mediates the offers of the landlord, establishes contact between customers and landlords and supports the processing of the booking (including payment). The agent is not liable for a booking being made. Likewise, the latter is not liable for defects or damage that arise in connection with the provision of the contractual service of the landlord. The agent does not give any assurances with regard to the fulfillment of special requests made by the customer and does not assume any warranty in this respect.
3. For the best possible mediation, it is necessary that the customer provides his data to the mediator correctly, completely and free of contradictions. The agent is not liable for any inaccuracies in the input and transmission of the data.
4. In the event of a breach of duty by the landlord, the agent is entitled, but not obliged, to regulate damage in individual cases if this serves to speed up the process. If the landlord uses his own terms and conditions, these apply exclusively between the customer and the landlord - the agent has no influence on this.
§ 3 Information about boats
1. Both the description of the equipment and all technical information regarding the boats are based on the information provided by the landlord. The agent depends on this information and has no influence on it. Therefore no liability can be assumed for the correctness and completeness of the information on the boats.
§ 4 Prices
1. Unless otherwise stated, the prices for the booking period requested by the customer are final prices including taxes and fees. Under certain circumstances, requested or mandatory ancillary services (e.g. additional equipment, map material, cleaning costs) are to be paid for separately. It should be noted that the information on prices is based on information provided by the landlord. As far as taxes or local duties are incurred locally (especially abroad), it differs according to the local regulations and cannot be displayed.
2. If the currency at the place of booking is not the euro, the prices may differ due to currency fluctuations, as the currency that is decisive for the booking can be the currency approved as the official payment method at the place of booking. The agent assumes no liability for price differences that occur due to currency fluctuations in the period between the booking and the payment date.
3. Forsailors' service is free of charge to customers, and Forsailors will not charge any fees for its service to customers or add any additional commission to the boat rental price. Rental companies pay a service fee (a small percentage of the boat rental price) to Forsailors after the customer has paid the rental price.
§ 5 Payment, withdrawal, no-show by the tenant
1. Unless otherwise stated in the contract with the lessor, the down payment of the rent in the amount specified is due within 5 days of the conclusion of the contract, the remaining amount 6 weeks before the start of the charter. The receipt of payment must be made within the specified deadlines. If the contract is concluded less than 6 weeks before the start of the charter, the entire rent is due immediately. If this does not happen, both the lessor and the agent are entitled to cancel the contract and make the booked boat available to third parties.
2. We would like to point out that in urgent cases the landlord can withdraw from the contract within 14 days of the conclusion of the contract. In this case there is a right to immediate repayment against the landlord of any amounts already paid (possibly via the agent) to the customer. This claim exists exclusively against the landlord, as this is the contractual partner and recipient of the amounts paid by the customer.
3. In the event of changes to bookings, changes to the contract or cancellations by the tenant, the agent charges a fee of € 60.00 for all confirmed bookings, which covers the increased administrative effort. Insofar as the landlord's contractual conditions contain additional fees, for example in the case of cancellations, these may be borne by the customer.
4. It is recommended that the customer take out travel cancellation insurance to cover any cancellation fees.
§ 6 Invoicing and forwarding of payments
1. As an intermediary, Forsailors is obliged to issue invoices to the customer in the name of and with the power of attorney of the lessor. Forsailors will immediately use all of the tenant's funds for their intended purpose.
§ 7 Information obligation
1. The agent informs the customer in the event of unforeseeable circumstances and / or forwards information from the landlord / organizer via his customer access, by telephone or email, as soon as this information is available.
§ 8 License
1. Some ships that are published on our website can be chartered as bareboat, others only with a skipper. In the event that the customer needs a skipper, it is imperative to refer to this information when booking. If the customer does not require a skipper and is bareboat chartering, it is important that the customer provides a copy of their valid and relevant boating license so that the document can be approved by the charter company.
§ 9 Liability
1. The agent's liability is limited to the brokerage activity, but not to the rental property or the charter process itself. Claims of the customer in the event of a charter cancellation due to official travel restrictions, damage to the rental property or other must be clarified directly with the lessor. The agent is also not liable for (partial) interruptions and failures of its own services due to repair, maintenance and update work or for other reasons that are either not within its direct sphere of influence or that only insignificantly hinder the use of the services.
2. The agent's liability is excluded unless the damage is caused
3. If the agent is liable for the culpable breach of essential contractual obligations without gross negligence or intent, the entire liability of the agent is limited to such damage and such extent of damage, the occurrence of which the agent could typically foresee based on the circumstances known to him when the contract was concluded.
4. Warranty and compensation claims become statute-barred at the latest one year after the point in time at which the customer learned of the damaging event. This does not apply to claims arising from tort.
§ 10 Data protection
1. The agent collects, processes and uses the personal data of the customer only if there is a corresponding consent or if a legal regulation allows the collection, processing or use of the data. The agent collects, processes and uses only such data that are necessary for the provision of his services, as well as the use and operation of the Internet portal and / or the services offered on the Internet portal.
2. Under no circumstances will data be sold by the agent to third parties. A transfer of data to third parties takes place only to the extent necessary for a booking / reservation with the provider chosen by the customer or for the provision of the other services owed by the agent. This expressly includes the transfer to companies affiliated with the agent or other subcontractors for the purpose of carrying out the booking within the framework of appropriate contractual structures and within the framework of the applicable legal, in particular data protection regulations.
3. Further information on data protection and the handling of personal data can be found in the data protection declaration.
4. The broker takes great care in compiling the data for the brokerage offers. However, should errors occur in data acquisition or data transfer, no guarantee can be given for this. The transfer of data to other data carriers, including extracts, or use for purposes other than those provided here is only permitted with the express permission of the agent.
5. Some of the information on the agent's internet portal is made available by the respective providers, other customers or third parties. Each provider, customer or third party bears sole responsibility for the correctness, completeness and topicality of the information provided and posted by him, including the prices and availability. They also ensure that no content is posted that violates the legal position of third parties. The agent cannot check this information and therefore does not guarantee the correctness, completeness, quality and legality of the use of the information.
§ 11 Agreements and subsidiary agreements
1. Only written agreements apply - these are, however, also valid without a signature, as long as they have been created within the booking system of the agent. Subsidiary agreements and arrangements must always be made in writing.
§ 12 Place of jurisdiction / applicable law
1. German law applies to all claims in the relationship between customer and agent. The place of performance is Munich . In relation to business people or persons who do not have a general German place of jurisdiction, Munich is agreed as the place of jurisdiction . Otherwise the legal place of jurisdiction applies.
2. The platform of the European Commission for online dispute resolution set up under this link is NOT used by the mediator. The mediator does not take part in a dispute settlement procedure before a consumer arbitration board and is not obliged to do so.
§ 13 Severability Clause
1. Should provisions of this contract or a future provision included in it be wholly or partially ineffective or unenforceable or lose their legal validity or feasibility later, this shall not affect the validity of the remaining provisions of the contract.
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