Terms and Conditions
Please read these General Terms and Conditions (GTC) in full before you accept them and make a booking via the website https://www.libre-yachting.com.
The following terms are defined for the purpose of clarity for these GTC:
Charterer: Natural or duly represented legal person who rents a vessel from a charter company via the website.
Charter contract: Contract between charter company and charterer for the rental of a vessel.
Charter price: remuneration for rental of a vessel.
Service provider: The service provider is Ing. Norbert Karl Adam e.U., FN 500632 z of the LG für ZRS Graz, who is the owner and operator of the website.
Charter company: Natural or duly represented legal person who is the owner of a vessel and rents it out, or a third natural or legal person authorised by an owner to rent a vessel.
Website: The website is the online portal, accessible under the domain https://www.libre-yachting.com, which is owned, operated and administered by the Service Provider or third parties commissioned by the Service Provider.
The website is operated and administered by the service provider, Ing. Norbert Karl Adam e.U., FN 500632 z des LG für ZRS Graz, and by him or third parties commissioned by him.
- The service provider mediates charter contracts between the charter company and the charterer on the basis of these General Terms and Conditions. General terms and conditions of charterers shall not be deemed to be the basis of a contract unless they are expressly accepted by the service provider in writing.
- By registering on the website, the Charterer agrees to the following GTC.
- The Charterer expressly acknowledges that the version of the website currently online is a beta version. He acknowledges and expressly agrees that no claims can be derived against the Service Provider on the basis of errors in the present beta version.
Performance of the service provider to the charterer
- The service of the service provider consists of the mediation of charter contracts between charter company and charterer. Furthermore, the service provider is authorised by the respective charter company to collect the charter price with debt-discharging effect for the charterer.
- The Service Provider offers an online booking platform for the charterer to rent vessels on the website free of charge. Within the framework of the brokerage of charter contracts, the Service Provider shall provide the Charterer via the website with information on the charter company, the accessibility, and the official residence or company headquarters. This information is provided to the Service Provider by third parties. The Service Provider shall not be liable for the accuracy of the information on charter companies and the offers provided and accessible via the website.
- The Service Provider assumes the forwarding of information, declarations of intent, and agreements between charterer and charter company and vice versa.
Contracting party of the charter contract, contract conclusion
- Charter contracts mediated via the service provider or the website are conducted exclusively between the respective charter company and the charterer in a two-person relationship. The service and consideration obligations arising from the charter contract shall only affect the charter company and the charterer. The charterer can therefore not derive any claims against the service provider from the brokered charter contract.
- The charterer expressly acknowledges that the charter contract is concluded in each case in accordance with the general terms and conditions pre-formulated by the respective charter company. The charterer further acknowledges that it is exclusively their responsibility to inform themselves in advance about the general terms and conditions of the respective charter company. The Service Provider does not assume any liability for damages and/or costs incurred by the Charterer due to the lack of knowledge of the GTC of the charter company.
- By pressing the booking button on the website, the charterer makes a legally binding offer regarding the rental of the boat he has chosen. The charter contract shall be deemed concluded as soon as the charterer has received a written confirmation of the acceptance of the contract by the charter company (booking confirmation) sent by the service provider.
Prices and payment processing/cancellation
- The prices displayed on the website are set by the respective charter company. The total price is the gross price to be paid (including taxes and duties).
- The service provider is authorised by the respective charter company to collect the charter price from the charterer. The charterer therefore pays the charter price directly to the service provider in fulfilment of the contractual obligation under the charter contract with debt-discharging effect.
- In the event of cancellation or rescission of a charter contract, the service provider shall also repay the charter price less any cancellation fees to the charterer.
Liability of the service provider
- The information about boats available on the website is provided by the respective charter company. The service provider, despite careful research, has no influence on the content and accuracy of the advertisements of the respective charter company. In any case, the service provider is not liable to charterers for the correctness and accuracy of the contents displayed on the website, nor for any damages and/or costs arising from the incorrectness. In particular, no liability is assumed for the actual availability of the vessels shown on the website as bookable.
- The service provider acts as an intermediary between the charter company and the charterer and is only liable within the scope of the tasks and responsibility of an intermediary. The service provider is therefore only liable to the charterer for direct damages resulting from a grossly negligent or intentional breach of duty during the brokerage service. The liability of the service provider is in any case limited to the amount of the charter fee.
- Despite careful control, the Service Provider shall not assume any liability for the legality, correctness of the external links displayed on the website.
- Exclusions and limitations of liability resulting from other sections of these GTC remain unaffected.
- When handling personal data, the Service Provider shall comply with the provisions of the Data Protection Act and the Telecommunications Act as amended from time to time and shall take the technical and organisational measures required for data protection. The Service Provider shall take all reasonable steps to protect the data and information of the Charterers against unauthorised access by third parties. However, the service provider is not responsible if third parties nevertheless succeed in gaining access to the data and information in an illegal manner.
- The charterer declares that they has read and understood the data protection declaration and expressly agrees to the processing of their personal data.
Severability Clause/reservation of written form
- These terms and conditions can be changed by the service provider at any time. The continued use of the website after the publication of a notice of the change of the terms and conditions, is subject to the terms and conditions valid at the time of use.
- Amendments and supplements to these GTC must be made in writing to be effective; this also applies to any waiver of the written form requirement.
- Should individual provisions of these GTCs be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects are as near as possible to the economic objective which the contracting parties pursued with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.
Applicable law/place of jurisdiction
Subject to conflicting mandatory legal provisions, in the event of legal disputes arising from the legal relationship between charterer and service provider Austrian law shall apply to the exclusion of all conflict and referral provisions; the place of jurisdiction shall be the competent court in Graz, Austria.
Leibnitz, 21. July 2020