TERMS AND CONDITIONS
These terms and conditions, as may be amended from time to time, apply to all our services made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the “website”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below.
These pages, the content of these pages, and the online service provided on these pages and through the website are owned, operated and provided by Andrijana Seneši PR Konsultant, TAX ID 109432460, Registration number: 64168100, with registred seat at Radovana Dragovića 12, Belgrade, and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
Definitions
“Service provider”, “us”, “we” or “our” means Andrijana Seneši PR Konsultant, PIB 109432460, Company ID No. 64168100, with registred seat at Radovana Dragovića 12, Belgrade
“Platform” means the websites and mobile and every other app, tools and platforms on which the Service is made available owned, controlled, managed, maintained and/or hosted by Service provider.
“Service” means the online reservation of boats service as from the time made available by Suppliers on the Platform.
“Supplier” means the owner of the boat available for reservation on the Platform.
Scope of our Service
We offer an online platform through which Suppliers can advertise their boats which are available for reservation, and through which visitors of the Platform can make such reservations. By making a reservation through Service provider, you enter into a direct (legally binding) contractual relationship with the Supplier with which you make a reservation of a boat. From the point at which you make your reservation, we act solely as an intermediary between you and the Supplier, transmitting the details of your reservation to the relevant Supplier(s) and sending you a confirmation email for and on behalf of the Supplier.
When rendering our Service, the information that we disclose is based on the information provided to us by Suppliers. As such, the Suppliers are are fully responsible for update of all rates, availability and other information which is displayed on our Platform. We will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Supplier remains responsible at all times for the accuracy, completeness and correctness of the information (including the rates and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or rating of any Supplier made available.
Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.
Prices
All prices displayed on Platform are expressed for each boat and they are calculated per hour. All special offers and promotions are marked as such.
Our service is free of charge. We will not charge you for our Service or add any additional (reservation) fees to the rate.
Payment, cancellation and no show
Payment will be made directly to the Supplier at the moment of taking delivery of the boat.
By making a reservation with a Supplier, you accept and agree to the relevant cancellation and no-show policy of that Supplier, and to any additional (delivery) terms and conditions of the Supplier that may apply to your reservation or may apply during your utilization of the boat, including for services rendered and/or products offered by the boat provider.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the accommodation provider’s cancellation, and no-show policy. Service provider does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Supplier.
Communication
Service provider disclaims any liability or responsibility for any communication with the Supplier on or through its platform. You cannot derive any rights from any request to, or communication with the Supplier or (any form of) acknowledgement of receipt of any communication or request. Service provider cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Supplier.
In order to duly complete and secure your reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number.
Reviews
The completed guest/customer review may be (a) uploaded onto the relevant Supplier’s information page on our Platform for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Supplier, and (b) (wholly or partly) used and placed by Service provider at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Service provider and our business partners. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
Disclaimer
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall not be liable for any damages suffered, paid or incurred by you due to an attributable shortcoming of supplier’s obligations.
Neither we nor any of our officers, employees, representatives, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Supplier as made available on our Platform, (iii) the services rendered or the products offered by the Supplier or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Supplier or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
You agree and acknowledge that the Supplier is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the price to the relevant tax authorities. Service provider is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the price to the relevant tax authorities.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Service provider may use the uploaded photos/images on its website and app, and in (online/offline) promotional materials and publications and as Service provider at its discretion sees fit. You are granting Service provider a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Service provider at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to Service provider publishing and using these photos/images. Service provider does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of Service provider disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Service provider at any time and without prior notice.
Intellectual property rights
Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights of the contents and information of and material on our Platform are owned by Service provider and its suppliers or providers.
Service provider exclusively retains ownership of all rights and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Service provider. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
Miscellaneous
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Serbian law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Belgrade, Republic of Serbia.
The original Serbian version of these terms and conditions have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the Serbian version and any other language version of these terms and conditions, the Serbian language version to the extent permitted by law shall apply, prevail and be conclusive. The Serbian version is available on our Platform (by selecting the Serbian language) or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
