The Terms and Conditions define the rules for the provision of services by Czarteruj sp. z o.o. (limited liability company) based in Giżycko to the Users, consisting of enabling placement of the Advertisements of Yacht charters on the Website.
Entrepreneurs from the shipowners sector may use the Website also under separate conditions defined in separate agreements. In such a case the contractual provisions prevail over the provisions of the Terms and Conditions.
Terms used in this document have the following meanings:
Terms and Conditions – these Terms and Conditions;
Operator – Czarteruj, limited liability company, based in Giżycko at 11-500 Giżycko, Olsztyńska 3/32, registered in the Register of Entrepreneurs of National Court Register with no 0000505462, with Tax Identification Number (NIP) 7010420670 and Statistical Identification Number (REGON) 147190481, e-mail: email@example.com;
Website – an advertising website under the name of czarteruj.com run by the Operator, enabling uploading and viewing Advertisements and available on the Internet domain of czarteruj.com;
User – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality able to acquiring rights and undertaking liabilities, which in the manner provided in the Terms and Conditions has created an Account;
Yacht – sailing or motorboating vessel which is a subject of the Advertisement;
Advertisement – advertisement created by the User regarding Yacht charter and published on the Website under the rules specified in the Terms and Conditions;
Account – a part of the Website assigned to a specific User, identified by an email address, by means on which the User can perform specific actions within the Website (administrator panel);
Pricelist – summary of charges for the services provided within the Website by the Operator included in Annex 1 to the Terms and Conditions and forming an integral part thereof;
Customer – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality, which makes a Yacht booking after reading the Advertisement;
The Advertisement comes form the User who creates its content within the created Account. The content of the Advertisement and the attached pictures should in a clear way refer to its subject and describe it in an accurate, reliable and complete way.
The Advertisements are available to all Internet users. Along with the Advertisement the booking form is published on the Website. The form enables each Internet user to book a Yacht.
One advertisement may refer to only one Yacht. The same Yacht can be at the same time subject of only one Advertisement published by a User.
The advertisement is published for a period of time specified individually by the User.
The User is responsible for the published content (including pictures) and ensures that they are in accordance with the facts and the law and that their publication does not affect the rights of the Operator, Terms and Conditions and the rights of the third parties, including copyrights.
By agreeing to publish the Advertisement on the Website the User also agrees to its parallel of subsequent publication (after the end of the publishing period of the Advertisement), including the publication of parts of the Advertisement (among others, the pictures from the Advertisement) on the websites and in advertising materials of the Operator and his/her partners. In case of the publication of a part of the Advertisement contact information of the User will not be disclosed though the way that the user learned about the Advertisement may be indicated.
All materials, including graphic elements, layout and composition of the elements, trademarks and other information available on the Website are subject to exclusive rights of the Operator. The indicated elements are subject to economic copyrights, industrial property rights, including the rights from the trademarks registration and rights to databases and as such have statutory protection.
Downloading or use in any capacity of the materials available on the Website each time require a consent from the Operator and may not violate the provisions of the Terms and Conditions and the common law. It is forbidden to aggregate and process the data and the information available on the Website in order to share them with third parties within other websites and outside of the Internet. It is also forbidden to use without the consent of the Operator designations from the website, including characteristic graphic elements as a part of own online services.
Placing the Advertisement requires creating an Account and accepting the Terms and Conditions.
Creating an Account is equal to the conclusion of an agreement between the User and the Operator regarding the provision of services under the conditions specified in the Terms and Conditions.
In case of legal persons and organizational units only a person who is empowered to act on their behalf in such capacity can create an Account and take any further actions within the Website.
User receives access to the Account after logging in (providing email address and password). All activities related to publishing and editing of Advertisements and choosing how the Advertisements will be published can be carried out only by a logged in User.
By creating an Account User agrees to receive to the specified email address system notifications and messages informing about services available on the Website.
By creating an Account User agrees to receive to the specified email address other commercial and marketing information. The user can revoke this consent at any time informing the Operator about it by sending an email at firstname.lastname@example.org saying, “I revoke the marketing permission".
Placing an Advertisement on the Website requires filling in a form available on the Website pages, including placing the content of the Advertisement (i.e. filling at least the fields marked as mandatory) and subsequently publishing the Advertisement.
Publication of the Advertisement on the Websites takes place no later than at the time of publishing the Advertisement by the User.
By means of the form mentioned above the User can, among others, add pictures of the Yachts to the Advertisement (in number and formats specified on the Website).
During the publishing period of the Advertisement the User can modify the content of the Advertisement or delete the Advertisement.
The User undertakes not to offer the Yachts outside of the Website at prices lower than proposed in the Advertisement under penalty of damages to the amount of damage suffered by the Operator.
The booking of the Yacht takes place after the advance payment made by the Customer in the amount specified in the Advertisement and to the bank account of the Operator. After deducting the Remuneration the Operator transfers the amount to the User within 7 days. Except in cases where the User within 5 days from the date of the booking of the Yacht does not contact the Customer and does not conclude a Yacht charter agreement and does not send a copy of the agreement to the Operator at email@example.com. In such a case the Operator may keep the advance payment due to the User until the case is clarified.
The Operator collects the Remuneration for the services provided within the Website.
The Remuneration is payable at the time of the booking of the Yacht on the Website.
Termination of the Yacht charter agreement concluded between the User and the Customer does not serve as basis for the reimbursement of the Remuneration by the Operator.
Remuneration is automatically deducted for the benefit of the Operator from the advance payment made by the Customer when booking the Yacht.
The Operator shall not provide any additional services related to the promotion of the Advertisement.
The Operator enables Users to place Advertisements on the Website without interfering in the form and the content of such Advertisements, subject to provisions of paragraphs 33 and 34 of the Terms and Conditions.
The Operator is not responsible for the improper performance or non-performance of the Yacht charter agreement by the parties, concluded in response to the Advertisement.
The Operator is not responsible for the quality or legality of the offered Yachts, for the accuracy and adequacy of the information provided by the Users.
In order to increase the effectiveness of the Advertisement the Operator has the right to edit and amend the parameters of the Advertisement.
The Operator has the right to edit or delete the Advertisement in case it infringes in any way the provisions of the Terms and Conditions or provisions of the law, especially when it includes:
a) contents commonly considered offensive;
b) contents bearing signs of the acts of unfair competition;
c) contents violating decency, copyrights or other intellectual property rights;
d) contents prejudicial to the reputation of the Operator or its partners;
e) misleading contents.
The Operator has the right to delete the User’s Account in accordance with paragraph 35 of the Terms and Conditions if the User discloses in the Advertisement any information that can identify the User or the chartering entity, and in particular publishes in the Advertisement pictures of the Yachts with the name of the User or the names of chartering entities, names of marinas, phone numbers, email addresses etc. enabling contact with the User or chartering entities.
In case of the first detection of the breach specified in paragraph 34 of the Terms and Conditions the Operator sends a warning to the User by email calling the User to remove the breach. In case that the User, despite the request, does not remove or amend the content of the Advertisement or publishes other Advertisements violating the Terms and Conditions, Remuneration payable to the Operator by the User, resulting from the placement of all the Advertisements on the Website, will increase by 100%. The Operator is entitled to delete the User’s Account from the Website in case that the User, despite the increase in Remuneration, does not remove or amend the content of the Advertisement violating the Terms and Conditions or publishes other Advertisements.
The Operator has the right to delete the Account in cases specified in paragraphs 33 and 34, which mean termination of the agreement specified in paragraph 13 of the Terms and Conditions. The user will be notified of the deletion of the Account by email, to which he/she agrees.
The User can terminate the agreement specified in paragraph 13 of the Terms and Conditions, informing the Operator of the termination with 14 days notice.
The Operator is not responsible for:
a) lack of interest in the subject of the Advertisement;
b) the carrying out the obligations of the User in relation to the Customer;
c) the force majeure, operation of IT systems or equipment beyond the control of the Operator;
d) statements made by the User related to the Advertisement.
The User may submit complaints regarding the improper performance or non-performance of the service by the Operator within 30 days from the date of the end of the publishing period of the Advertisement or the date on which the publishing should end.
The complaint may be submitted by sending an email at firstname.lastname@example.org with annotation “complaint”.
The complaint should contain at least the following: name and surname, email address of the User assigned to the Account, number of the Advertisement that the complaint refers to or other data that enable the identification of the Advertisement, publishing period, circumstances justifying the complaint, as well as the specific request of the User associated with the complaint.
In case the data or information stated in the complaint need to be completed the Operator will ask the User to complete them in the range indicated before processing the complaint.
The operator shall review the complaint within 30 days from the date of the receipt of the properly filed claim. The User will receive information about the processing of the claim by email to the address assigned to the Account.
In case the complaint is justified the whole or a part of the service charge will be refunded to the bank account indicated by the User. If on request of the User the Operator issued the VAT invoice, the reimbursement will take place after the Operator receives from the User confirmation of receipt of the corrective invoice.
The Terms and Conditions are available on the Website as well as are sent to the User on the request.
The operator will inform about any amendments to the Terms and Conditions by posting the information on the Website page. The amendments enter into force within 14 days from the date of the publication of the Terms and Conditions.
Unless the mandatory rules of the law provide otherwise, the law applicable to the whole agreement between the User and the Operator, subject of which is the provision of services by the Operator under the conditions specified in the Terms and Conditions, is the Polish law.
All disputes related to the services provided by the Operator within the Website will be resolved by the court competent for the district Śródmieście of the capital city of Warsaw.
Annex no 1.
The customer does not inure any charges. Remuneration costs for the services provided within the Website incurs the User (Shipowner). Remuneration is 10% net + VAT (12,30% gross) of the charter price. This amount is automatically deducted for the benefit of the Operator from the advance payment made by the Customer when booking the Yacht.