Terms And Conditions
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Last Updated: 27. August 2023
TERMS AND CONDITIONS
1. DEFINITIONS
BOATY Website - an internet page available at the URL address: https://boaty.io
Service Provider - Replicant Ltd., a limited liability company headquartered in Croatia, Poreč-Parenzo, Tarska 10, OIB: 63698407909, engaged in IT engineering.
Service User - a natural or legal person providing excursion organization, passenger transportation at sea, and/or boat rental services in the course of their activities (hereinafter referred to as "Service User").
Consumer - any natural person entering into a legal transaction or operating on the market outside their trade, business, craft, or professional activity.
BOATY Service - the use of the Service Provider's internet platform located on the website https://boaty.io. Using the Service Provider's internet platform includes the following services: intermediation between Consumers and Service Users, connecting Consumers and Service Users, providing advertising services for Service User's activities, booking boat trips by Consumers, booking boat rentals by Consumers, using the reservation recording service by Service Users, and other services provided on the internet platform.
Service User's Service - organizing excursions, passenger transportation at sea, and/or boat rentals.
Terms - These General Terms and Conditions are an integral part of the contract concluded between the Service Provider and the Service User (hereinafter referred to as the "Terms").
Force Majeure - refers to weather conditions that prevent sea travel, such as heavy waves, natural disasters like storms, winds of storm force, wars, and terrorist attacks.
2. BOATY SERVICE
The internet platform on the BOATY Website is established to facilitate quicker and easier communication and connection between Service Users and Consumers.
The Service User understands and accepts that the Service Provider is a third party in the relationship between Consumers and Service Users. This means that the Service Provider is not responsible, nor can it be deemed responsible, for the fulfillment of the Service User's obligation towards the Consumer or for the Consumer's obligation towards the Service User.
2.1. USING THE SERVICE
2.1.1. Creating a User Account
In order to use the BOATY Service and create a user account, Service Users and Consumers must accept the General Terms and Conditions of the BOATY Website.
The Service Provider requires Service Users and Consumers to enter their personal information when creating a user account. The Service User and Consumer declare, under material and penal liability, that the provided personal data is accurate and correct.
The Service Provider is not responsible for the identity and accuracy of the data provided by the Service User or Consumer during the creation of their user account.
The Service User and Consumer are solely responsible for the confidentiality and secrecy of their access password to the user account. The Service Provider is not responsible if a person who is neither the Service User nor the Consumer uses the user account but possesses their access passwords.
The Service User and Consumer undertake to update their contact information in their user accounts in case of changes.
2.1.2. Acceptance of the General Terms and Conditions
The use of the BOATY Website is subject to these Terms.
The Service User and Consumer confirm that they have been informed and understand that accepting the "General Terms and Conditions" is required when creating a user account and using the BOATY Service.
It is considered that the Service User and Consumer fully accepted the "General Terms and Conditions" when creating their user account.
If the Service User or Consumer does not accept the Terms when creating a user account, the user account will not be created, and they will not be able to use the BOATY Service.
The Service Provider reserves the right to amend and/or supplement the Terms at any time, and the changes take effect when Service Users and Consumers access their user account and accept the changes and/or supplements to the Terms, or when they do not express their will to accept or reject the changes and/or supplements to the Terms in their user account, on the day the changes and/or supplements to the Terms take effect.
It is considered that the Service User and Consumer have been informed of the changes and/or supplements to the Terms through a notice sent by the Service Provider to the Service User and Consumer via email.
After the termination of the contract between the Service Provider and the Service User, the Service Provider undertakes to keep the Service User's user account active until the completion (realization) of existing reservations by Consumers, without the possibility of opening new reservations.
After the termination of the contract, the Service User undertakes to provide the Service User's Service to Consumers who have reserved the use of the Service User's Service before the contract termination occurred.
2.1.3. Advertising of Boats
Every Service User can publish one or more service ads on the BOATY Website. The Service User agrees to truthfully describe the offered service in the ad.
Each Service User is solely responsible for the content of ads published on the BOATY Website and for the accuracy and truthfulness of the information provided in the ad.
2.1.4. Reservation Cancellation
The Consumer accepts and understands that the reservation of the Service User's Service on the BOATY Website can be canceled no later than the time defined by the Service User. In case the Consumer continuously cancels reservations on the BOATY Website without justified reasons according to the Service Provider's assessment, the Service Provider reserves the right to disable the Consumer's user account.
The Service User can cancel the Consumer's reservation by stating the reason for cancellation.
If the Consumer fails to appear at the departure location without justified reason at the time indicated in the reservation and has not previously canceled the reservation, the Service Provider reserves the right to disable the Consumer's user account.
2.1.5. Cancellation of Reservation Due to Force Majeure
In the event of circumstances constituting force majeure, the Service User can:
- reserve another time for the Consumer in which the Service User can provide the Service User's Service, stating the reason for changing the reservation time, or
- immediately cancel the Consumer's reservation on the BOATY Website.
3. OTHER OBLIGATIONS OF SERVICE USERS AND CONSUMERS
3.1. Other Obligations of Service Users
The Service User undertakes to:
- use the BOATY Website in accordance with these Terms and the applicable laws of the Republic of Croatia,
- use the BOATY Website in good faith,
- provide true, accurate, and complete data when creating a user account,
- provide true, accurate, and complete information about the Service User's Service,
- create only one user account,
- regularly update contact information in the user account,
- not transfer or sell their user account to a third party or another Service User,
- maintain the confidentiality of their access passwords to the user account.
3.2. Other Obligations of Consumers
The Consumer undertakes to:
- use the BOATY Website in accordance with these Terms and the applicable laws of the Republic of Croatia,
- use the BOATY Website in good faith,
- provide true, accurate, and complete data when creating a user account,
- appear at the place of service provision by the Service User before the time specified in the reservation for the use of the Service User's Service, and pay the Service User the Service User's Service according to the price specified in the reservation,
- create only one user account,
- not transfer or sell their user account to a third party or another Service User,
- maintain the confidentiality of the access password to the user account.
4. AVAILABILITY OF SERVICE AND WEBSITE
The Service Provider undertakes to ensure that the BOATY Website operates correctly and to maintain and improve the BOATY Website for better functionality.
The Service Provider undertakes to ensure the availability of the BOATY Website, without interruption, except those necessary for maintenance or upgrading of the BOATY Website.
Service Users and Consumers are advised that the BOATY Website may experience malfunctions, errors, or interruptions for various reasons. The Service Provider does not guarantee that the BOATY Website will be permanently available, but undertakes to eliminate malfunctions and enable the website to work as soon as possible.
5. HYPERTEXT LINKS
The Website may contain links to other websites owned by other natural or legal persons. The Service Provider has no control over other websites to which links on the BOATY Website point. Consequently, the Service Provider cannot be considered responsible for the availability of other websites not under its control and disclaims all responsibility for the content, advertising, products, services, and any other elements available on them. Furthermore, the Service Provider cannot be held responsible for any damage caused by using other websites. All difficulties related to the operation of other websites linked from the BOATY Website are the responsibility of the administrator of the other website.
6. DATA CONFIDENTIALITY
Service Users and Consumers agree to use the BOATY Website in accordance with the Privacy Policy, and the Service Provider undertakes to keep the confidentiality of personal data of Service Users and Consumers entered when creating a user account in accordance with the Privacy Policy. The Privacy Policy is available to Service Users and Consumers on the BOATY Website via the following link: https://boaty.io/privacy.
7. INTELLECTUAL PROPERTY AND COPYRIGHT
The BOATY Website and the logo displayed on the BOATY Website are registered trademarks and remain the exclusive property of the Service Provider.
The Service Provider is the owner of copyrights and intellectual property rights relating to the BOATY Website, especially those related to software solutions, website design, graphic design, and logo.
Service Users and Consumers undertake to respect copyrights and intellectual property rights of the BOATY Website as prescribed by applicable laws.
