Terms of use
Updated March 11, 2020 on Article 14.2
Preamble
1. Definitions
2. Scope of MarinaReservation.com Services
3. Acceptance of Terms
4. Using the MarinaReservation.com Platform, Eligibility, Insurance
5. Modification of These Terms
6. Account Registration
7. Content
8. Service Fees
9. Terms Specific for Marina Owners
10. Terms Specific for Guests
11. Cancellations and Booking Modifications
12. Payment Terms of Service
13. Taxes
14. Force Majeure
15. Intellectual Property
16. Cookies
17. Liability - declining and limitations
18. User obligations
19. Applicable law
PREAMBLE
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the MarinaReservation.com Platform, you confirm that you have read, understood and agreed to comply with and be bound by these Terms of Service.
These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and MarinaReservation.com (as defined below) governing your access to and use of the MarinaReservation.com website, including any subdomains thereof, and any other websites through which MarinaReservation.com makes the MarinaReservation.com Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "MarinaReservation.com Services").
The Terms of Use (Terms and Conditions), which can be subject to occasional change, apply directly or indirectly (by a third party) to all our services, whether online, by telephone or e-mail. By using our website, you confirm that you have read, understood and agreed upon the terms and conditions displayed, as well as the confidentiality policy.
The Site, Application and MarinaReservation.com Services together are hereinafter collectively referred to as the “MarinaReservation.com Platform”.
Our Terms of Service, Guest Refund Policy, Privacy & Cookie Policy and other Policies applicable to your use of the MarinaReservation.com Platform are incorporated by reference into this Agreement.
When these Terms mention “MarinaReservation.com,” “Site,” “MarinaReservation,” “MarinaReservation.com SRL” “we,” “us,” or “our,” it refers to the MarinaReservation.com SRL company you are contracting with. When these Payments Terms mention “MarinaReservation.com Payments,” it refers to the MarinaReservation.com 3rd payment processor represented by the company you are contracting with for Payment Services, which may be MarinaReservation.com SRL.
Any and all payment processing services through or in connection with your use of the MarinaReservation.com Platform ("Payment Services") are provided to you by one or more MarinaReservation.com Payments entities (individually and collectively, as appropriate, "MarinaReservation Payments") as set out in the Payments Terms of Service ("Payments Terms").
Marina Owners alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Marina Berth Rental Services.
1. DEFINITIONS
The terms defined below in these terms and conditions, whenever they begin with a capital letter, whether used in the singular or the plural, will have the meaning which is designated below.
1.1 General Terms
"Terms": refers to these Terms of Service,
"MarinaReservation.com": refers to the MarinaReservation.com SRL company, whose registered 6-12, Copilului Street, 012178 postal code, 1st District, Bucharest, Romania, registered with the Trade Register of the Chamber of Commerce and Industry of Bucharest under number J40-7558/25.06.2014, under the Tourism License Number 7229/07.07.2015 and under Series I No. 50774 from 20.01.2018 as an Insurance Policy,
"Content": refers to any text, graphics, image, video, information or other materials which the User posts, uploads, publishes, submits, conveys or includes in his/her Listing or User account to make it available on the MarinaReservation.com Platform
"Listing": refers to a Marina listed by a Marina Owner on the MarinaReservation.com Platform,
"Booking": refers to a Marina Owner renting out a Marina, to a Guest,
"Marina": refers to any Listing published on the MarinaReservation.com Platform. A marina is defined by MarinaReservation.com as any harbor engaged in tourism, which offers berths places to recreational ships, acting as a supplier of berths spots.
“Marina Owner”: refers to any natural or legal person that creates a Listing and offers “Marina Berth Rental Services” on the MarinaReservation.com Platform,
"Guest": refers to any natural or legal person booking a Marina,
“Users” or “Members”: refers to anyone who creates an Account on the MarinaReservation.com Platform, Guests and Marina Owners,
“Marina Berth Rental Services”: refers to services offered by Marina Owners on the MarinaReservation.com Platform,
"MarinaReservation.com Service Fees": refers to both the MarinaReservation.com Guest Service Fee and the MarinaReservation.com Marina Owner Service Fee,
"MarinaReservation.com Guest Service Fee": refers to a commission of 15% including taxes, but never less than 20 euros/reservation, added to the Marina Owner Price and payable by the Guest as remuneration for the Service; For the Last-minute Reservations whose Check In is in less than 24 hours (booked today for today) or for those made after 11GMT whose Check In is the next day (booked today after 11GMT for tommorow), we do apply a service fee of 30 euros/reservation, as these requests will be dealt with as a priority.
"MarinaReservation.com Marina Owner Service Fee": refers to a commission of 10% including taxes, included in the Marina Owner Price and payable by the Marina Owner as remuneration for the Service,
"Optional extras": refers to the options which may be chosen by the Guest in addition to the Marina Owner Price (bedding costs, cleaning, etc.),
"Check-in date" or "Check-in time": refers to the boarding of the Marina or the arrival on the Marina on the first day of the Marina Berth Rental and/or Co-sailing,
"Weather cancellation": refers to a Booking Cancellation of one day or less due to special weather conditions.
1.2 Financial Terms
“Adjusted Exchange Rate” means the Base Exchange Rate plus a 3% fee charged by MarinaReservation.com for certain cross-border transactions.
“Base Exchange Rate” means a system-wide rate used by MarinaReservation.com Payments if the Booking Currency is different than the Listing Currency. It does not include any fee or mark-up by MarinaReservation.com Payments. MarinaReservation.com Payments establishes the Base Exchange Rate using data from one or more third parties such as CurrencyLayer (www.currencylayer.com).
“Booking Currency” means the currency in which a Guest pays for his or her booking. The Guest will be able to see (and in some cases, select) their Booking Currency when checking out. The Booking Currency for a booking may be different from the relevant Listing Country Currency.
“Listing Currency” means the default currency associated with the country in which the Listing is located. For example, the Listing Currency for a Listing located in Europe would be € euros.
“Payout” means a payment initiated by MarinaReservation.com Payments to a Member for services (such as Listing Services Fees) performed in connection with the MarinaReservation.com Platform.
“Payment Method” means a financial instrument that you have added to your MarinaReservation.com Account, such as a credit card, debit card, or PayPal account.
“Payout Method” means a financial instrument that you have added to your MarinaReservation.com Account, such as a PayPal account, Bank Transfer to be paid for your bookings, as a Marina Owner.
2. SCOPE OF MARINARESERVATION.COM SERVICES
2.1 The MarinaReservation.com Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Marinas” and the services they offer are “Marina Berth Rental Services”) to publish such Marina Berth Rental Services on the MarinaReservation.com Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Marina Berth Rental Services (Members using Marina Berth Rental Services are “Guests”).
Marina Berth Rental Services may include travel related services such as accommodation and/or spaces used for accommodation in Marinas, as well as other tourist services.
The MarinaReservation.com Platform intermediates, provides information, or undertakes to provide travelers, individual or in groups, travel related services including accommodation and/or spaces used for accommodation in Marinas, as well as other tourist services.
2.2 As the provider of the MarinaReservation.com Platform, MarinaReservation.com SRL does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Marina Berth Rental Services.
Marina Owners alone are responsible for their Listings and Marina Berth Rental Services. When Members make or accept a booking, they are entering into a contract directly with each other. MarinaReservation.com is not and does not become a party to or other participant in any contractual relationship between Members, nor is MarinaReservation.com a real estate broker or insurer. MarinaReservation is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
If you choose to use the MarinaReservation.com Platform as a Marina Owner (as defined below), your relationship with MarinaReservation.com is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of MarinaReservation.com for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of MarinaReservation.com.
To promote the MarinaReservation.com Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. MarinaReservation.com cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The MarinaReservation.com Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.
2.3 The MarinaReservation.com Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. MarinaReservation.com is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by MarinaReservation.com of such Third-Party Services.
2.4 Due to the nature of the Internet, MarinaReservation.com cannot guarantee the continuous and uninterrupted availability and accessibility of the MarinaReservation.com Platform. MarinaReservation.com may restrict the availability of the MarinaReservation.com Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the MarinaReservation.com Platform. MarinaReservation.com may improve, enhance and modify the MarinaReservation.com Platform and introduce new MarinaReservation.com Services from time to time.
3. ACCEPTANCE OF TERMS
3.1 The use of the Service and the Site are subject to these Terms. These Terms constitute an agreement governing relations between the User and MarinaReservation.com (MarinaReservation.com SRL). They supersede all previous provisions and constitute the entirety of the rights and obligations of MarinaReservation.com and the User and their relative roles. The Parties agree that in case of contradiction between information on the Site and the Terms, the latter shall prevail.The User's full acceptance without reservation of these Terms shall be deemed given if the User has created an User account or subscribing to an offer. By creating an User account, the User agrees the “Terms“.
3.2 MarinaReservation.com reserves the right to make modifications at any time, with the changes taking effect upon publication on the MarinaReservation.com Platform. The continued use of the MarinaReservation.com Platform constitutes tacit acceptance by the Users of the most recently updated version of the Terms.
4. USING THE MARINARESERVATION.COM PLATFORM, ELIGIBILITY, INSURANCE
4.1 Eligibility
4.1.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the MarinaReservation.com Platform or register an MarinaReservation.com Account. By accessing or using the MarinaReservation.com Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
4.1.2 You must have a valid email address and a valid mobile telephone number in order to be able to create an User Account on the MarinaReservation.com Platform, for the duration of use of the MarinaReservation.com Platform.
4.2 Insurance
4.2.1 As a Marina Owner, you agree to only offer bookings for Boats which are covered by insurance.
4.2.2 MarinaReservation.com does not offer insurance at this moment for the Client’s Boats.
4.3 Security deposit
4.3.1 The Marina Owner may demand, in some cases, a security deposit in return for any Marina Berth Rental services.
4.3.2 This deposit amount is stated in the Price Offer made for your Booking Request and you must pay to MarinaReservation.com the security deposit in order to book the Marina Berth. The security deposit will be refunded to you 72 h after your check-in date.
4.3.3 Any guest who confirms a reservation at your Listing will see on your Marina’s page that they must pay to you the security deposit when they’ll arrive at your office. That means the security deposit will be shown for information purposes.
4.3.4 If you want, you can opt for a MarinaReservation.com pre-authorization for your Guests, up to 72 hours after the Check-in date, by sending an email to office@MarinaReservation.com and specify the Marina Owner user account.
5. MODIFICATION OF THESE TERMS
MarinaReservation.com reserves the right at any time to change or update the Terms of Service relating to use of this Site without prior notice to Users, with the changes taking effect upon publication on the MarinaReservation.com Platform. If we make changes to these Terms, we will post the revised Terms on the MarinaReservation.com Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. The continued use of the MarinaReservation.com Platform constitutes tacit acceptance by the Users of the most recently updated version of the Terms.
6. ACCOUNT REGISTRATION
6.1 You must register an account ("MarinaReservation.com Account") to access and use certain features of the MarinaReservation.com Platform, such as publishing or booking a Listing. If you are registering an MarinaReservation.com Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
6.2 You can register a MarinaReservation.com Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google.
6.3 You must provide accurate, current and complete information during the registration process and keep your MarinaReservation.com Account and public MarinaReservation.com Account profile page information up-to-date at all times.
6.4 You may not register more than one (1) MarinaReservation Account unless MarinaReservation authorizes you to do so. MarinaReservation.com accepts no liability for use of the MarinaReservation.com Platform by anyone other than the You.
6.5 You must provide accurate, current and complete information during the registration process and keep your MarinaReservation.com Account and public MarinaReservation.com Account profile page information up-to-date at all times. You agree to update your contact information on the MarinaReservation.com Platform in case of any changes.
6.6 In case of forgotten log-in details or improper use by third parties thereof, you must inform the MarinaReservation.com Customer Support promptly by sending an email at office@MarinaReservation.com.
7.CONTENT
7.1 MarinaReservation.com may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the MarinaReservation.com Platform ("Member Content"); and (ii) access and view Member Content and any content that MarinaReservation.com itself makes available on or through the MarinaReservation.io Platform, including proprietary MarinaReservation.com content and any content licensed or authorized for use by or through MarinaReservation.com from a third party ("MarinaReservation.com Content" and together with Member Content, "Collective Content").
7.2 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the MarinaReservation.com Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MarinaReservation.com or its licensors, except for the licenses and rights expressly granted in these Terms.
7.3 Subject to your compliance with these Terms, MarinaReservation.com grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Collective Content made available on or through the MarinaReservation.com Platform and accessible to you, solely for your personal and non-commercial use.
7.4 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other MarinaReservation.com policy.
8. SERVICE FEES
8.1 MarinaReservation.com may charge fees to Marina Owners ("Marina Owner Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the MarinaReservation.com Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
8.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Marina Owner or Guest prior to booking a Listing.
8.5 MarinaReservation.com reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
8.6 You are responsible for paying any Service Fees that you owe to MarinaReservation.com. The applicable Service Fees are due and payable and collected by MarinaReservation.com Payments pursuant to the Payments Terms (Article 12). Except as otherwise provided on the MarinaReservation.com Platform, Service Fees are non-refundable.
8.7 After receiving the payment by the MarinaReservation.com Platform, MarinaReservation.com will pay the Marina Owner Price to the Marina Owner, having deducted from the first payment the MarinaReservation.com Service Fees.
8.8 MarinaReservation.com will issue an invoice to the Guest for the amount due for the MarinaReservation.com Guest Service Fee. The Marina Owner will issue an invoice to MarinaReservation.com for the amount due for the Berth Price.
8.9 MarinaReservation.com Payments collects the Service Fees charged by MarinaReservation.com pursuant to the MarinaReservation.com Terms. MarinaReservation.com Payments may also collect Taxes (such as VAT in Europe) in respect of the Marina Owner Fees and Guest Fees.
9. TERMS SPECIFIC FOR MARINA OWNERS
9.1 When creating a Listing through the MarinaReservation.com Platform you must (i) provide complete and accurate information about your Marina Berth Rental Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as Marina rules) and (iii) provide any other pertinent information requested by the MarinaReservation.com Platform. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
You are solely responsible for accepting bookings for Marinas which are equipped and maintained, up-to-date with any technical testing, with safety equipment in keeping with its sailing category, up-to-date equipment and regular maintenance.
You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Guest requests a booking of your Listing, you may not request that the Guest pays a higher price than in the booking request.
You are responsible to respond to your Guests' requests concerning the Marina Berth Rental Service in a timely manner.
You must have declared and/or registered your Marina, if required, with the competent authorities. Marina Owners are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Marina Berth Rental Services they offer on the MarinaReservation.com Platform.
You must have taken out and maintained valid insurance for the duration of the publication of the Listing (civil liability or comprehensive) in accordance with the terms of Article 4.2 and to be able present a valid certificate of insurance when requested by the MarinaReservation.com Platform and/or the Guest.
You must have your vessel registered CVC (Commercial Vessel certificate) and thereafter renewed each year as per the laws and regulations issued by your Marina’s registration country.
You must verify the identity of your Guest before signing the Marina Berth Rental contract.
You must verify that your Guest holds the certification and/or qualifications specified which are required for sailing on the Marina, if needed.
You have to check that the name on the Marina Berth Berth Rental contract is the same as that found on the ID presented by the Guest and on the credit or debit card used for payment of the Marina Berth Rental or the Co-sailing and presented on the Check-In date.
You have to inform the Guest in the Listing and/or the Marina Berth Berth Rental contract of any limitation of liability on the part of the insurer.
You are responsible to prepare and sign a Berth Rental contract with your Guest including a full inventory on arrival, on the Check-in day.
You must sign an inventory of the Marina on departure, with the Guest, on the last day of the Marina Berth Berth Rental or on the date of return of the Marina in case of delay.
You understand that MarinaReservation.com is released from any obligation to provide advice and that you will not be able to hold MarinaReservation.com liable as such. The Marina Owner must provide the Guest, upon request, with an invoice for the Listing Price.
You agree not to divert and/or solicit Guests of the Service and not to conclude Marina Berth Rental agreements directly with them, outside of bookings made via the MarinaReservation.com Platform.
Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Marina Berth Rental Services. MarinaReservation.com reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
10. TERMS SPECIFIC FOR GUESTS
You agree to (i) have only one User Account and (ii) hold the certification and/or qualifications required for sailing on the Marina (if required).
You must pay the Amount due to the Marina Owner in accordance with the Booking Terms, by means of a transfer to the Marina Owner's bank account, only if the Payment is split in 2 or more than 2 payments. The downpayment must be paid on the MarinaReservation.com platform.
You have to justify your certification and/or qualifications mentioned on your Profile.
Subject to meeting any requirements (such as completing any verification processes) set by the Marina Owner, you can book a Listing available on the MarinaReservation.com Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable) and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your MarinaReservation.com Account.
You are responsible to sign a Berth Rental contract with the Marina Owner including a full inventory on arrival, on the Check-in day.
You agree to let the Marina Owner or the MarinaReservation.com Platform to retain the security deposit amount, if required, for every Booking, up to 72 hours after the Check-in date of the Booking.
You agree to be the named holder of the credit or debit card used for the Booking.
You are solely responsible to check, before signing the Marina Berth Rental contract, the state of the Marina.
You accept and agree to comply with your obligations regarding social security and taxation, depending on your status.
In terms of the usage procedure, through booking a berth place through MarinaReservation.com, you enter a direct contractual relation (which is legally binding) with the marina you chose to place the reservation, MarinaReservation.com having an intermediate role between yourself and the concerned marina.
11. CANCELLATIONS AND BOOKING MODIFICATIONS
11.1 Marina Owners and Guests are responsible for any modifications to a booking that they make via the MarinaReservation.com Platform or direct MarinaReservation.com customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Marina Owner Fees or Guest Fees and/or Taxes associated with such Booking Modifications.
Cancellation and no-show policies are specific to each marina and may differ from one marina to another. Thus, there are marinas that have a restrictive policy of cancellation (you will not be refunded) and others that will refund you under special conditions mentioned above. So please carefully check all the conditions before confirming your reservation. By confirming your booking you accept all terms thereof and the entire marina policy in question. The cancellation policy that a marina uses is available on our website, on the marina’s information page, during the reservation procedure and in the confirmation email by MarinaReservation.com to you.
11. 2 Cancellation by the Guest.
Guests can cancel a confirmed booking at any time subject to the Listing’s cancellation policy, and MarinaReservation.com Payments will provide any refund to the Guest in accordance with such cancellation policy.
At this moment, there are 2 cancellation policies available:
- The restrictive policy doesn't allow any refund. Upon receipt of the payment, the booking dates are no longer modifiable and the reservation applies to marina restrictive conditions mentioned on the booking platform. In the event of cancellation from your side, the deposit and service tax are non-refundable.
- The permissive policy allows a 25% refund under the following conditions:
11.3 Cancellation by the Marina Owner.
Every marina displays on its page of presentation on MarinaReservation.com the type of cancellation policy (restrictive or permissive) that is applied in marina. The type of cancellation policy is chosen directly by the marina and can't be influenced and modified by MarinaReservation.com.
If a Marina Owner cancels a confirmed booking, the Guest will receive a full refund of the Total Fees for such booking.
After three improper or unjustified cancellations, the MarinaReservation.com Platform reserves the right to remove the Marina Owner's User account.
11.4 If the Marina does not correspond to its Listing
If the Marina does not correspond to the Listing, the Guest will make MarinaReservation.com aware before the Marina Berth Rental and will present evidence to prove this.
If you decide to continue with the Marina Berth Rental, you, as a Guest, will not be able to request a refund of the Marina Berth Rental Price, for any reason whatsoever concerning this booking.
As a Guest, you understand and accept that you will only be able to request a refund of the Marina Berth Rental Price (less the MarinaReservation.com Guest Service Fee) directly from the Marina Owner, without ever holding MarinaReservation.com liable in this regard. In this case, the Marina Owner agrees to refund the Marina Berth Rental Price to the Guest.
11.5 If a breakdown occurs during the Marina Berth Rental
If the Marina Berth Rental contract was signed with a Marina Owner and the Marina is the subject of a major fault (breakdown) during the Marina Berth Rental and/or Co-sailing, resulting in an inability to use the Marina for its principal purpose. In the case of this failure leading to an impossibility of using the Marina for more than 23 (twenty-three) hours, the tenant will be able to interrupt the contract.
As a Guest, you must decide whether or not you wish to cancel the Marina Berth Rental and/or Co-sailing. In the event that you decide to continue with the Marina Berth Rental and/or Co-sailing, you will in no case be able to request a refund of the Marina Berth Rental Price, for any reason whatsoever concerning this booking.
In the event that the Guest decides to cancel the Marina Berth Rental and/or the Co-sailing and that this cancellation occurs:
- before the payment of the Marina Owner Price (less the Marina Owner Service Fee) to the latter, MarinaReservation.com accepts, as a gesture of goodwill, and without this allowing the User to hold MarinaReservation.com liable in any way whatsoever, to fully refund the Marina Berth Rental Price to the Guest by bank transfer, in proportion to the duration of the cancelled part of the booking, within fifteen (15) days of cancellation,
- after payment of the Marina Owner Price (less the Marina Owner Service Fee) to the latter, the Marina Owner agrees to refund the Marina Berth Rental Price to the Guest by bank transfer, within fifteen (15) days of cancellation.
As a Guest, you understand and accept that you will only be able to request a refund of the Marina Berth Rental Price (less the MarinaReservation.com Guest Service Fee) directly from the Marina Owner, without ever holding MarinaReservation.com liable in this regard. In this case, the Marina Owner agrees to refund the Marina Berth Rental Price to the Guest.
11.6 In case of circumstances constituting a force majeure according to the the meaning as defined in Article 14.2 Force Majeure, any User may request (i) the postponement of the booking to a later date (only if Marina agrees), or (ii) the cancellation of the booking (only if Marina agrees), after justifying the circumstances in writing to MarinaReservation.com within a minimum 7 days before the date of the Check-in time. If the postponement or cancellation request of the Marina Berth Rental is less than 7 days before the Check-in time, MarinaReservation.com will not refund the Marina Berth Rental Price and/or Service Fee, which the Guest accepts. MarinaReservation.com is following the cancellation policies of the marinas involved. In this case, MarinaReservation.com will ask the Marina involved for (i) a postponement of the booking to a later date or for (ii) cancellation of the booking. Depending on Marina's Cancellation Policies, there will be 2 cases:
11.7 In certain circumstances, MarinaReservation.com may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions, only if the Marina agrees.
12. PAYMENT TERMS OF SERVICE
12.1 Conditions of Payment
MarinaReservation.com Payments provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the MarinaReservation.com Platform (“Payment Services”).
The payment for the Marina Berth Rental Price is made by the Guest for each booking, in advance, by credit or debit card on the MarinaReservation.com Platform via a third-party payment solution, upon acceptance of the Booking Request by the Marina Owner.
Exceptionally and subject to the express consent of MarinaReservation.com, the Guest may pay by bank transfer.
Payment of the Marina Berth Rental Price by the Guest is made in a single payment or in two payments, according to the Marina Owner requirement.
In the “two payments” case, the Guest pays a deposit of an amount defined according to the cancellation policy of the Listing, chosen by the the Marina Owner and then pays the balance with a defined number of days before the date of Check-in. The number of days for the second payment is defined by the Marina Owner.
If, at the latest, the Guest does not pay the full Marina Berth Rental Price in the defined number of days before the date of Check-in, the Booking will be cancelled automatically and legally by MarinaReservation.com. The Guest will not be refunded for the deposit amount already paid, whatever the cancellation policy of the Marina Owner stated in the Listing.
MarinaReservation.com agrees to credit the Marina Owner's Payout Method (See Article 12.2 Payment Methods and Payout Methods) with the Marina Berth Rental Price, less the amount of MarinaReservation.com Service Fees on the Check-in date, unless MarinaReservation.com is notified of a complaint before 1 pm (Eastern European Time) on the day of Check-in.
The service fees will be deducted from the first payment and then the MarinaReservation.com Platform will issue the payout to the Marina Owner (See Article 8.5).
12.2 Payment Methods and Payout Methods
When you add a Payment Method or Payout Method to your MarinaReservation.com Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to MarinaReservation.com Payments or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods (via bank transfer) will include:
- your company name, your address, account/IBAN number, SWIFT code;
When you add or use a new Payment Method, MarinaReservation.com Payments may verify the Payment Method by authorizing a nominal amount, not to exceed one euro (€1), or a similar sum in the Payment Method’s local currency (e.g., one dollar or one British pound). When you add a Payment Method during checkout, we will automatically save that Payment Method to your MarinaReservation.com Account so it can be used for a future transaction.
Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers.
You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. MarinaReservation.com is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
12.3 Financial Terms for Marina Owners
Generally speaking, MarinaReservation.com will collect the Total Fees from a Guest at the time the Guest’s booking request is accepted by the Marina Owner, or at any other time mutually agreed between the Guest and MarinaReservation.com.
12.3. 1 Payouts. In order to receive a Payout you must have a valid Payout Method linked to your MarinaReservation.com Account. MarinaReservation.com Payments will generally initiate Payouts to your selected Payout Method: (i) for Marina Berth Rental Services within 24 hours of the Guest’s scheduled check-in time (or within 24 hours of 3:00pm Eastern European Time). In certain jurisdictions or instances, MarinaReservation.com Payments may offer you a different time or trigger for payment. The time it takes to receive Payouts once released by MarinaReservation.com Payments may depend upon the Payout Method you select. MarinaReservation.com Payments may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
Your Payout for a booking will be the Listing Fee less applicable Marina Owner Fees and Taxes.
MarinaReservation.com Payments will remit your Payouts in your currency of choice, depending upon your selections via the MarinaReservation.com Platform. If the currency of your Listing Fee at the time of booking is different from your selected Payout currency when we initiate your Payout, we will apply the Base Exchange Rate to your Payout.
Rounding Off. Amounts may be rounded up. MarinaReservation.com Payments may, in its sole discretion, round up or round down amounts that are payable from or to Members to the nearest whole functional base unit in which the currency is denominated (i.e., to the nearest euro or other supported currency); for example, MarinaReservation.com Payments may round up an amount of €109.50 to €110.00.
For compliance or operational reasons, MarinaReservation.com Payments may limit the value of each individual Payout. If you are due an amount above that limit, MarinaReservation.com may initiate a series of Payouts (potentially over multiple days) in order to provide your full payout amount.
12.4 Financial Terms for Guests
You authorize MarinaReservation.com Payments to charge your Payment Method the Total Fees for any booking requested in connection with your MarinaReservation.com Account. MarinaReservation.com Payments will collect the Total Fees in the manner agreed between you and MarinaReservation.com Payments via the MarinaReservation.com Platform.
MarinaReservation.com Payments will generally collect the Total Fees after the Marina Owner accepts your booking request.
When you request to book a Listing, MarinaReservation.com Payments may also (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge or authorize your Payment Method a nominal amount, not to exceed one euro (€1), or a similar sum in the currency in which you are transacting (e.g., one dollar or one British pound), to verify your Payment Method.
If a requested booking is cancelled either because it is not accepted by the Marina Owner or you cancel the booking request before it is accepted by the Marina Owner, any amounts collected by MarinaReservation.com Payments will be refunded to you, and any pre-authorization of your Payment Method will be released (if applicable). The timing to receive the refund or for the pre-authorization to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, MasterCard, etc.) rules.
If MarinaReservation Payments is unable collect any amounts due via your selected Payment Method, you authorize MarinaReservation.com Payments to charge any other Payments Methods on file in your MarinaReservation.com Account (unless you have previously removed the authorization to charge such Payment Method(s)).
You also authorize MarinaReservation.com Payments to charge any Payment Method on file in your MarinaReservation.com Account in the event of a Damage Claim.
12.5 Currency Conversion
MarinaReservation.com Payments will do a currency conversion when a Guest submits a booking request for a Listing using a Booking Currency that is different from the Listing Currency, MarinaReservation.com Payments will calculate the Total Fees in the Booking Currency by applying either the Base Exchange Rate or the Adjusted Exchange Rate to the Total Fees in the Listing Currency at the time of the booking request. Any fees that are based on a percentage of the applicable Listing Fees (such as Guest Fees), will be calculated based on the Listing Fees in the Listing Currency (i.e., before conversion from the Listing Currency). The Base Exchange Rate will be applied if MarinaReservation.com is unable to process your transaction in the default currency of your Payment Method; in all other cases, the Adjusted Exchange Rate will apply
12.6 Payment Services
To process the payments, MarinaReservation.com uses the payment services provider MANGOPAY S.A. By making any payment on MarinaReservation.com, the User agrees to Mangopay terms and conditions, to the extent applicable.
13. TAXES
The rental/booking fee and any additional expenses may be subject to applicable local taxes.
The Marina Owner accepting the booking is solely responsible for the collection, reporting, and payment of applicable taxes.
MarinaReservation.com may charge applicable taxes to Guest's credit card solely at the direction of the Marina Owner.
As a Marina Owner, you are solely responsible for determining applicable taxes and should consult with your own legal/tax adviser about any tax questions in this regard. We encourage you to consult a tax advisor in your jurisdiction for more insight or if you need assistance assessing VAT on the services you provide.
For Marina Owners Members based in the European Union, it is your responsibility to include VAT in the price of the booking and you will be responsible for reporting VAT.
If you are not registered for VAT purposes or if you do not provide/validate your VAT number, MarinaReservation.com will withhold VAT from your payment.
Additionally, MarinaReservation is required to collect VAT only on its service fees in all countries. MarinaReservation is required to collect VAT on its service fees from all users who make a reservation on the MarinaReservation.com Platform.
14. FORCE MAJEURE
14.1 The parties agree that the following constitute a force majeure:
- extreme weather warnings which prevent all sea travel,
- legislative and regulatory changes,
- natural disasters, fires, storms, floods, wars and acts of terrorism, strikes within a company, disease, electrical surges and shocks, failures in cooling systems and hardware, jamming and slowdowns of electronic communications networks and, more generally, any event which is unforeseeable by and beyond the control of MarinaReservation.com and Users.
14.2 COVID-19. On March 11, the World Health Organization (WHO) declared the outbreak of coronavirus, known as COVID-19, to be a global pandemic. We are providing the following coverage for COVID-19 under our extenuating circumstances policy to help protect our community and provide peace of mind.
Reservations for berths made on or after March 11, 2020, with a check-in date after April 11, 2020, will not be covered under our force majeure policy. The marina's cancellation policy will apply as usual. If a reservation has already begun (the check-in has passed) this circumstance does not apply.
Reservations for berths made on or after March 11, 2020, with a check-in date before April 11, 2020, will be covered under our force majeure policy only if the cancellation policy of the marina involved permits. In this case, MarinaReservation.com will ask the Marina involved for (i) a postponement of the booking to a later date or for (ii) cancellation of the booking. Depending on Marina's Cancellation Policies, there will be 2 cases: a. If Marina agrees, MarinaReservation.com will start the refund procedure between the Client and the Marina involved, less MarinaReservation.com Service Fees. The refund process could take up to 30 days. b. If Marina does not agree with the booking postponement or cancellation, MarinaReservation.com will inform the Guest and will not refund the booking.
Reservations made after March 10, 2020. Reservations for berths made after March 11, 2020 will not be covered under our policy. The marina's cancellation policy will apply as usual.
15. INTELLECTUAL PROPERTY
Copyright, ownership and site content belong MarinaReservation.com. The material contained in the website is the property of MarinaReservation.com or its affiliates, unless they are recognized as belonging to third parties. If , per your consideration, the photos or text posted on our site violate copyright, please notify us directly by one of the means of contact listed on the site, specifying the page and content that infringes copyright. MarinaReservation.com uses promotional materials provided by third parties and cannot control or verify their origin. MarinaReservation.com will remove from its website any unlawful content and will inform the victim about it.
16. COOKIES
See detailed information in the Privacy & Cookies section.
17. LISABILITY - DECLINING AND LIMITATIONS
17.1 MarinaReservation.com is not responsible for the user's skills to access or use the website nor for failures caused by deficiency of these skills.
17.2 MarinaReservation.com does not guarantee that the website may be affected by viruses or other actions that may result in damage or other loss. All content, including software, products, services, information, text and related graphics on or available through this site are provided as it is.
17.3 MarinaReservation.com does not endorse or warrant in any way, expressly or implicitly, the operation of this site or the accuracy of information, content or materials included on this site, and largely in accordance with applicable law, MarinaReservation.com denies any statement, such condition or warranty, either express or implied, including but not limited to implied warranties of merchantability or conditions or efficiency, information content, or non-infringement of rights owned by third parties.
17.4 MarinaReservation.com does not guarantee and does not claim that the site will function without error or interruption, that defects will be corrected or that the website and / or its servers are free of viruses and / or other harmful components.
17.5 MarinaReservation.com is not responsible for any damages resulting from the errors of the server, or redirected or wrongly made transmissions, broken internet connections, disruptions of reservation confirmations transmission, for any computer virus or other technical failure or of human nature.
17.6 However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, 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 accommodation as made available on our website, (iii) the services rendered or the products offered by the accommodation provider 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 website, 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 accommodation 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 website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
17.7 MarinaReservation.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the berth price to the relevant tax authorities.
17.8 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 MarinaReservation.com may use the uploaded photos/images on its website, and in (online/offline) promotional materials and publications and as MarinaReservation.com at its discretion sees fit. You are granting MarinaReservation.com 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 MarinaReservation.com 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 Booking.com publishing and using these photos/images. MarinaReservation.com does not own or endorse the photos/images that are uploaded.
17.9 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 MarinaReservation.com. MarinaReservation.com 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 MarinaReservation.com at any time and without prior notice.
17.10 Limitation of liability shall apply regardless of the form of action in court, whether it is based on contractual liability, civil tort, negligence, strict liability or otherwise, even if a covered part has been informed about the possibility of certain damages.
18. USER OBLIGATIONS
You agree to comply with these obligations, including (but not limited to):
• financial responsibility for all transactions made under your name or account
• over 18 years and have the legal capacity to initiate legal action
• ensure the accuracy of data provided about you or your family
• failure to use the site for speculative, false or fraudulent reservation.
• obligation to not alter, copy, transmit, distribute, sell, display, license or reproduce site content except for personal and noncommercial use of a single copy of the information contained in the site.
19. APPLICABLE LAW
These Terms of Service are governed exclusively by the laws of Romania.
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