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Ogólne Warunki Korzystania (OWU)

"Click&Boat" Service General Terms and Conditions of Use The general terms and conditions of use below are a translation provided in order to facilitate users’ understanding of the Service. 1. 1. Definitions In these general terms and conditions, the terms below have the following meanings whenever capitalised, whether used in the singular or plural. "Listing": a Rental or Co-Sailing offer published on the Site by an Owner, "Boat-Manager": an intermediation concierge service for Owners covering Inventories of the Boat before and after use, the conclusion of Rental agreements and the reception of Renters on the Owners' behalf, "GTCU": these general terms and conditions of use, "Click&Boat": ClickandBoat, a simplified joint stock company with a capital of €6,143 , having its head office at Peniche West River, 10, quai du 4 septembre 92100 Boulogne-Billancourt, France, registered in the Paris Trade and Companies Register under number 801 157 256 and with ORIAS, the French insurance brokers' register, under number 15 005 093, "Co-sailing": sailing activity where the costs of ownership, maintenance and use of the Boat are shared. The contribution, calculated by Owners under their sole responsibility, must be strictly limited to a proportion of these costs. Owners undertake not to make any profit from this activity. They acknowledge and accept that the receipt of any sum in addition to actual shared costs may entail the Co-Sailing arrangement's requalification as a transport activity, in which case Click&Boat declines any responsibility for the consequences, "Click&Boat Commission": a commission percentage included in the Owner Price, payable by Owners as a fee for the service. The amount of this commission may vary, according to the contractual agreements between Click&Boat and Owners. "Click&Boat Fees" means the fees associated with the operation of our platform that enable us to provide services such as customer support during your trip. VAT is included. "Content”: any texts, graphics, images, videos, information or other material that Users post, upload, publish, submit, transmit, or include in their Listings or User accounts to make them available on the Site, "Boat": any nautical vessel offered for Rental on the Site (sailboats, motorboats, barges, catamarans, jet skis, etc.), “Renter": any natural person or legal entity booking a Boat for Rental or Co-Sailing, "Rental": the rental of a Boat by an Owner to a Renter, at the dock or at sea, "Additional Options": any options taken out by the Renter in addition to the Owner Price (provision of bedding, cleaning, etc.), “Start date": refers to taking charge of the Boat or arriving on the Boat on the first day of the Rental and/or Co-Sailing, Cleaning times, fuel fill-ups and Inventories before and after use are an integral part of the rental period stipulated in the contract. "Inventory before use": means the document describing the condition of the boat at the time of the Start date, to be carried out between the Renter and the Owner (or their representative) at the time of the handover of the boat. It must be as complete as possible, with supporting photographs and comments, and signed by both parties before the departure of the Boat, on the contract provided by the Owner or via the Click&Boat Application. "Inventory after use: means the document describing the condition of the Boat at the end of the Rental, and must be completed by a damage report in the event of a claim. It must be as accurate as possible. “Rental Price": the price displayed in the Listing, excluding Additional Options. Unless otherwise specified in the Listing, the Rental Price does not include the Boat’s mooring in the port or fuel. "Owner Price": the price freely set by Owners at the time they publish their Listings, including the Click&Boat Commission, "Owner": any natural person (professional or private individual) or legal entity able to prove full ownership of a Boat at the first request of Click&Boat and/or a Renter. By extension, this also refers to Owners’ representatives, who must prove the existence and scope of the authorisation they have received, "Professional Owner”: any owners using the Service on a professional basis, whose activity is declared to the Companies Register pursuant to current regulations in the locality, region or country where Professional Owners carry out their activity. “Private Owner": Any owner who does not use the Service on a professional basis pursuant to current regulations in the locality, region or country where the Private Owner operates. "Service”: both (i) the service of putting Owners and Renters in contact with each other to facilitate the Co-Sailing or Rental of Boats at the dock or at sea and (ii) the tool for managing bookings and payments between Users, "Site": both the website www.clickandboat.com and the mobile application "Click&Boat", "User": any user of the Site and the Service, whether Owner or Renter. "Weather Cancellation": refers to the cancellation of a booking for one day or less because of a special weather report. 2. Acceptance of the GTCU Use of the Service and the Site are subject to these GTCU. The GTCU constitute a contract governing the relationship between the User and Click&Boat. They supersede all previous provisions and constitute all the rights and obligations of Click&Boat and the User regarding their purpose. The Parties agree that in the event of any inconsistency between information on the Site and the GTCU, the latter take precedence. Users are deemed to have fully and unreservedly accepted these GTCU once they tick the box "I accept the general terms and conditions" when creating their User accounts or registering for an offer. If this box is not ticked, it will be impossible to create a User account or use the Service, which Users acknowledge. Click&Boat reserves the right to modify the GTCU at any time, in which case the changes become effective when they are published on the Site. Continued use of the Site constitutes Users’ tacit acceptance of the latest updated version of the GTCU. 3. Purpose of the Service The Service consists of putting Owners and Renters in contact with each other to facilitate the Co-Sailing or Rental of Boats, and the management of payments between Users. All Users understand and accept that Click&Boat is and remains a third party to contracts concluded between Owners and Renters. As such, Click&Boat cannot be bound to fulfil Users’ obligations in their place and cannot be held liable for any breaches by Users of their contractual obligations. In the context of relations between Renters and Professional Owners, the Professional Owner's rental contract takes precedence over the rental contract provided by Click&Boat. All Users undertake to comply with the terms and conditions contained in contracts issued by Professional Owners. 4. Access to the Service Users of the Click&Boat platform undertake to provide accurate information. Click&Boat declines any responsibility as regards confirming the identity and information provided by Users. In a concern for transparency and to prevent fraud, subject to the laws applicable, Click&Boat may require Users to provide official identification or other information, or submit to other controls designed to verify Users’ identity and backgrounds, and view third party databases or other sources of information. 4.1. Legal capacity The Service is reserved for natural persons of full age, emancipated minors enjoying full legal capacity and legal entities able to submit themselves unreservedly to these GTCU. 4.2. Access/availability To be able to use their accounts, Users must have an e-mail address and a mobile phone number valid throughout the use of the Service. 5. Use of the Service 5.1. Creating a User Account To be able to use the Service, Users must first create a User account by following the procedure shown on the Site and/or sent to them by email. In particular, Users will be asked to provide yachting CVs. Users are solely responsible for maintaining the confidentiality of their access codes to their email and User accounts. Click&Boat declines all responsibility if the Service is used by people other than Users or people authorised by them in possession of their logins and passwords. If Users forget their login or password, or these are improperly used by a third party, Users undertake to inform Click&Boat as soon as possible by email at contact@clickandboat.com. Users undertake to update their contact details on the Site if they change their email address and/or mobile phone number. 5.2. Publication of a Listing Any Boat Owner may freely publish one or more Listings to offer a boat for ‘co-sailing’ (ie shared sailing) or rental, subject to the provisions of Article 6.1.1. Boat Owners undertake to publish listings that accurately describe the services offered (in particular Price, Condition of the Boat, etc). By checking the box "I accept the terms and conditions" when creating a User account or publishing a listing, the Owner understands and agrees that his or her Listing may also be published on the websites or apps of one or more of the companies in the Click&Boat group, including www.clickandboat.com, www.nautal.com, www.ocean-evasion.com, www.scansail.de, as well as the various domains of these websites and apps. Each Boat Owner is solely responsible for the content of the Listings published on the Website and for the accuracy and truthfulness of the information included in the Listing. Professional Boat Owners are also reminded that they must respect consumer law and in particular refrain from deceptive marketing practices, punishable by a maximum penalty of 2 years' imprisonment and a fine of 300,000 euros ( Article L132-2 of the French Consumer Code). For Professional Boat Owners, presenting themselves as non-professional owners, or including in the Listing information that does not correspond to the real services offered, constitutes a misleading business practice. The Service provided by Click & Boat is confined to connecting boat owners and renters. Under these circumstances, Click & Boat can not be held liable for the misleading or incorrect nature of a listing. Click&Boat does not act as guarantor for any Users, Boats or Listings. The Listing must include at least one photo of the Boat and specify: - the characteristics and location of the Boat, - if the mooring in the home port is included in the Rental and/or Sailing contract. - the yachting qualifications required for its use in the event of a Rental or if the presence of a sailing professional is required, - the dates the Boat is available, - the daily Owner Price chosen according to the availability dates, - the amount due per hour or per day if there is a delay in returning the Boat, - the amount of any security deposit required for the Boat Rental, - any additional costs (bedding, cleaning), - the conditions for cancelling the Rental or Co-Sailing arrangement laid down by the Owner according to the options stipulated in Article 7.3. With Rentals, the Owner Price is freely set by the Owner. It includes the Click&Boat Commission. With a Co-Sailing arrangement, the Owner guarantees that the Owner Price is strictly limited to a share of the costs of ownership, maintenance and use of the Boat. Owners undertake not to make any profit from this activity. Owners acknowledge and accept that the receipt of any sum in addition to the actual costs may entail the Co-Sailing arrangement's requalification as a transport activity, in which case Click&Boat declines any responsibility for the consequences. Professional Owners guarantee that the Owner Price is at most equal to the public price displayed in any other platform or publication or on their own websites. In the Listing published on the Site, Click&Boat will display the Rental Price corresponding to the total price in euros to be paid by Renters, which includes (i) the Owner Price, (ii) if applicable, the additional costs expressly referred to in the Listing. This price includes all taxes and excludes fuel costs, unless otherwise specified in the Listing. In connection with the Rental, Users understand, acknowledge and accept that only the Boat is covered by the Rental Agreement, excluding the mooring reserved by the Owner for the Boat in the home port. However, Renters have the right to use this mooring free of charge for the Boat throughout the Rental Agreement if this possibility is explicitly specified in the Listing. 5.3. Insurance 5.3.1 Owner Owners undertake to offer only Boats covered by insurance for their Rental and/or Co-Sailing activities, regardless of the nationality of Users, the sailing area stipulated and/or the Boat's usual home port. Owners thus undertake to inform the providers of their annual recreational boat insurance of their Rental or Co-Sailing activities. Click&Boat can provide daily insurance through an all-risks recreational boat insurance contract with its partner insurer. Owners who take out this policy then undertake to accept and comply with the general terms and conditions of the partner insurer, which can be viewed via these links: https://static1.clickandboat.com/v1/o/docs/CG_AXA_France-FLOTTE-plaisance-11-2013.pdf https://static1.clickandboat.com/v1/o/docs/CP-AXA-Saison-2016-V_membres.pdf https://static1.clickandboat.com/v1/o/docs/insurances/allianz/Dispositions_generales_-_Allianz_-_2019.pdf https://static1.clickandboat.com/v1/o/docs/Allianz-Attestation_d_assurance_2016.pdf https://static1.clickandboat.com/v1/o/docs/insurances/allianz/Dispositions_particulieres_-_Allianz_-_2019.pdf Owners take out this policy at the time they publish their Listings. The policy then applies automatically each time the Boat is booked via the Site. Taking out this policy implies compliance with these GTCU by the Users, and in particular the signature of a Rental contract including an Inventory before and after use of the Boat. The amount due for this policy will be directly deducted by Click&Boat on behalf of the partner insurer from the share of the Price paid to the Owner according to the conditions of Article 8. 5.3.2 Renter Click&Boat offers the Renter, at the time of booking, the possibility to subscribe to an additional personal insurance with the partner insurer Mondial Assistance/ Allianz Assistance. The Renter acknowledges that they have read and accepted without reservation, all the guarantees indicated in the contract as soon as they have ticked the box, "I accept the General Conditions of Use, Cancellation Conditions, Insurance Conditions'' at the time of subscribing to the offer. The general and special conditions are available by consulting the link below: https://static1.clickandboat.com/v1/o/docs/CLICKANDBOAT_Convention_07122020_EN.pdf 5.4. Renters’ booking offer On the Site, Renters select a Boat, a Rental or Co-Sailing Start date and End date and, if applicable, any additional options proposed by the Owner in the Listing in question. This choice constitutes a Booking Offer for the Boat (the "Booking Offer"). When making a Booking Offer, Renters enter their bank details and undertake to (i) pay in advance the amount of the Rental Price by debit or credit card (see Article 8), and (ii) authorise Click&Boat to request the deduction of the security deposit from their bank accounts pursuant to the conditions of Article 5.7. Owners then have up to 72 hours to accept or refuse this offer. After this period, the Booking Offer will lapse and the Renter will not be charged. Owners may accept or refuse a Booking Offer at their sole discretion. 5.5. Boat bookings The amount of the Rental Price is kept in an escrow account until the Owner has actually been paid or the Renter has been reimbursed. Once the amount of the Rental Price has been deducted from the Renter's bank account and the Renter has authorised the deduction of the security deposit, Click&Boat communicates to each User the other User's personal information and contact details. Users undertake to use this information only in connection with the Rental or Co-Sailing arrangement, and not to enter into direct contact in the future in view of concluding a Rental or Co-Sailing contract. On the Start date, the Owner and the Renter undertake to carry out an Inventory before use in the presence of both parties, and to sign a Rental or Co-Sailing contract together. On the date the Rental or Co-Sailing agreement ends, the Owner and the Renter undertake to carry out an Inventory after use in the presence of both parties. If the Renter does not show up at the time scheduled for returning the Boat, the Renter must pay the Owner the late penalty indicated in the Listing. 5.6. Security deposit The Owner may require a security deposit for the Rental of the Boat. The amount of this deposit is indicated in the Listing. The acceptance of a Rental Booking Offer including a security deposit automatically entails the creation of a unique confidential identifier enabling Renters to be identified indirectly and associating them with the bank account from which the Rental Price and security deposit will be deducted. This identifier constitutes a pre-authorisation for direct debits. The entity managing the security deposit is specified in the contract: it can be managed by Click&Boat, or by the Professional Owner. Click&Boat will not be able to manage a security deposit and a claim file for a Rental where the contract stipulates that the security deposit is managed by the Professional Owner or that the amount of the security deposit is not filled in and/or indicated as zero euros. Renters undertake to have sufficient funds in their bank account for the security deposit to be deducted at the time of the booking request, and to maintain sufficient funds in this account until Click&Boat has closed any claim file. The security deposit management tool is provided by Click&Boat to facilitate financial transactions between Users. The Owner, whose deposit is managed by Click&Boat, undertakes not to require a deposit from the Renter. In the event of a rental between a Professional Owner and a Renter, Professional Owners are entitled to require the Renter to provide a security deposit in the form of a cheque, card imprint or debit to their credit or bank card for the amount indicated in the Listing. Click&Boat can under no circumstances be held liable if there are insufficient funds in the Renter's bank account when the security deposit is deducted from this account, or if there is a disagreement between the Owner and the Renter as to whether the security deposit is payable. Users understand and accept that Click&Boat cannot be required to act as mediator or arbitrator in the event of a dispute of any kind between Users. Within twenty-four (24) hours following the end of the Rental, the Owner may ask Click&Boat to open a claim file if they notice any damage to their Boat that was not included in the document of Inventory taken after use. This period may exceptionally be extended in the event of non-visible damage, upon presentation of formal proof that the damage is attributable to the Renter. This request must be made directly from the Site and accompanied by the Rental Contract signed by each of the parties of the contract, the_Inventories_ of before and after use signed by the Renter, and photos or videos (dated