Instaboats obrt za turizam i usluge (hereinafter referred to as the “Intermediary”, a corporation organized and existing under the laws of The Republic of Croatia, with its head office located at Gorica Sv. Vlaha 137, 20000 Dubrovnik, Croatia, is a website platform connecting boat owners (hereinafter referred to as “Owners”) and boat renters (hereinafter referred to as “Renters” ), thus enabling advertising, browsing and rental of all types of vessels via the Intermediary’s website, i.e. Instaboats.
The Intermediary does not require payment of commissions with regard to posting advertisements and offers by the Owners, nor does it charge the Renters in the process.
NOTIONS AND DEFINITIONS
In these general terms and conditions, the terms below have the following meanings whenever mentioned throughout the present legally binding text, whether used in the singular or plural.
Boat: any type of nautical vessel offered for Rental on the Instaboats website (speedboats, sailboats, yachts, motorboats, barges, catamarans, jet skis, etc.);
Content: any texts, graphics, images, videos, information or other material that Instaboat users post, upload, publish, submit, transmit, or include in their Listings or User accounts to make them available on the present website;
Instaboats: a platform designed by the registered Company Instaboats obrt za turizam i usluge, MBS: **********, VAT ID: HR31887616913 IBAN: *********, Board Members: Dado Miličić, Tomislav Keščec);
Listing: a Rental or Co-Sailing offer published on the present website by an Owner;
Owner: any natural person (professional or private individual) or legal entity able to prove their full ownership of a Boat upon request by Instaboats and/or a Renter. By extension, this also refers to Owners’ representatives, who must prove the existence and scope of the authorization they have received;
Owner Price: the price set freely by Owners at the time of posting their Listings, which is not subject to commissioning by the Intermediary;
Registration: the registration of the vessel as the official act of providing all required documents about the vessel to one of the harbormaster’s offices which then documents the vessel in their boat register; every vessel has to be registered for commercial or public purposes and the Owner must prepare pertaining documents upon request.
Renter: any natural person or legal entity booking a Boat (and potentially the crew) for Rental via the Instaboats website;
Rental: the rental of a Boat by an Owner to a Renter, at the dock or at sea;
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;
Service: the service of connecting Owners and Renters in order to facilitate the Co- Sailing or Rental of Boats and providing them with a platform for closing the deals;
Site: refers to the website https://instaboats.com/;
Service Provider: any natural person or legal entity included in the business of development, supply and operation of products and services relating to nautical rentals;
Start Date: refers to taking charge of the Boat or arriving at the Boat on the first day of the Rental. Cleaning schedules and fuel fill-ups and inventories before and after use are an integral part of the rental period stipulated in the contract;
T&C: these general terms and conditions of use as worded on the present website;
User: any user of the Site and the Service, be it Owner or Renter.
ACCEPTANCE OF TERMS
The services that Instaboats obrt za turizam i usluge provides to the User are subject to the following Terms and Conditions (“T&C”). Instaboats obrt za turizam i usluge reserves the right to update the T&C at any time without notice to the User. The most current version of the T&C can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of the Site (Instaboats).
- This Agreement, which incorporates by reference other provisions applicable to use of https://instaboats.com, including, but not limited to, supplemental terms and conditions set forth hereof governing the use of certain specific material contained in https://instaboats.com, sets forth the terms and conditions that apply to use of the Site by the User. By using the Site (other than to read this Agreement for the first time), the User agrees to comply with all of the terms and conditions hereof. The User is responsible for all use of the User's Account (under any screen name or password) and for ensuring that all use of the User's Account complies fully with the provisions of this Agreement. The User shall be responsible for protecting the confidentiality of the User's password(s), if any.
- Instaboats obrt za turizam i usluge shall have the right at any time to change or discontinue any aspect or feature of https://instaboats.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Instaboats obrt za turizam i usluge shall have the right at any time to change or modify the terms and conditions applicable to the User's use of the (Instaboats) Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, by any other means by which the User obtains notice thereof. Any use of the Site by the User after such notice shall be deemed to constitute acceptance by the User of such changes, modifications or additions.
DESCRIPTION OF SERVICES
The Service consists of putting Owners and Renters in contact with each other to facilitate the Rental of Boats. However, the Intermediary bears no liability when it comes to payments between Users, since Instaboats obrt za turizam i usluge claims no commissions. Through its Web property, Instaboats obrt za turizam i usluge provides User with access to a variety of resources, including listings, communication forums and rental information (collectively called “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the T&C.
EQUIPMENT FOR ACCCESSING THE SITE
The User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Site and all charges related thereto.
- User shall use the Site for lawful purposes only. User shall not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any conduct by a User that in the Intermediary's discretion restricts or inhibits any other User from using or enjoying the Site will not be permitted.
- The Site contains copyrighted material, trademarks and other proprietary
including, but not limited to, text, software, photos, video, graphics, music
and the entire contents of the Site are copyrighted as a collective work under
Republic of Croatia's copyright laws. The Intermediary owns a copyright in
selection, coordination, arrangement and enhancement of such content. On the
hand, since the Site is an advertising platform, Users may modify, publish,
and participate in the transfer or sale of their own content, in whole or in
part, as lng as
said content is in compliance with the T&C.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that they do not acquire any ownership rights by downloading copyrighted material.
USE OF SERVICES
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. User must complete the registration process by providing the Intermediary with current, complete and accurate information as prompted by the applicable registration form. The User will also be prompted to choose a password and a user name. The User is entirely responsible for maintaining the confidentiality of the User’s password and account. Furthermore, the User holds full responsibility for any and all activities that occur under the User’s account. The User agrees to notify the Intermediary immediately of any unauthorized use of the User’s account or any other breach of security. Boatfinders d.o.o. will not be liable for any loss that User may incur as a result of someone else using the User’s password or account, either with or without the User’s knowledge. However, the User could be held liable for losses incurred by the Intermediary or another party due to someone else using the User’s account or password. The User may not use anyone else's account at any time, without the permission of the account holder.
If Users forget their login or password, or these are improperly used by a third party, Users undertake to inform Instaboats as soon as possible by email at [email protected]. The Users undertake to update their contact details on the Site, e.g. if they change their email address and/or mobile phone number.
The Owners undertake to offer solely registered 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 take upon themselves to inform the Intermediary of their annual recreational boat insurance and the profit regarding their Rental or Co-Sailing services.
All Owners are required to pay the annual membership fee in the amount of ____________ for 1 (one) or 2 (two) boats, or the amount of ____________ for 5 (five) Boats to the Intermediary in accordance with the prior arrangement between the Owner and the Intermediary and with respect to the Intermediary’s T&C, rules and general requests.
OWNERS AND RENTERS
All Owners may publish one or more Listings free of charge to offer a Boat for Co- Sailing and/or Rental to the Renters, subject to the aforementioned provisions. Instaboats 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, whether the mooring in the home port is included in the Rental and/or Sailing contract, the Renter’s 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 in accordance with 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.
The Owner Price is set by the Owner at their own discretion. 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. As previously stated, only registered Boats are to be advertised on the Site. The Owner is responsible for registering the Boat. The Boat has to be registered at the harbormaster’s office (or its branch office) according to the place of residence of the boat owner (natural person or legal entity). In some cases, the Boat may be registered at the harbormaster’s office, or its branch office, in whose area the Boat is predominantly moored or sailing through. The owner of the Boat who is abroad and does not have a legal representative in Croatia must designate an authorized person (plenipotentiary), who has a residence in the Republic of Croatia, in order to receive the registration documents via mail.
In connection with the Rental, Users understand, acknowledge and accept that only the Boat is covered by the Rental Agreement, excluding the mooring as reserved by the Owner for their 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.
Upon making an arrangement, the Renter is obliged to accepts the Owner’s own Terms and Conditions, fees and cancellation policies, which are in no way legally connected to the Intermediary.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
In no event shall the Intermediary and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
LIMITATION OF LIABILITY
The User expressly agrees that the use of the Site is at the User's sole risk. neither Boatfinders d.o.o. nor its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Site.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. The User specifically acknowledges that Boatfinders d.o.o. is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
In addition to the terms set forth above neither, neither the Intermediary, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the Instaboats Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Force Majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
This Agreement and any operating rules for the Instaboats Site established by Instaboats obrt za turizam i usluge constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of the The Republic of Croatia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.