TERMS AND REGULATIONS OF BOFORT.PL
I. INITIAL PROVISIONS
- The Internet portal BOFORT.PL is provided to Users by the partnership MGMV sp. z o.o., head office in Warsaw (zip code 03-185), Myśliborska 115/25, REGON/KRS (business registry entry) 141166599/0000289827, NIP (tax identification number) 5242629796.
- The Internet portal BOFORT.PL operates in accordance to the terms outlined in these Terms and Regulations document.
- Boat-owner – a natural or legal person, but also an organizational entity without legal personality, which is the owner of a yacht/ yachts or is authorized to decide about the yacht/ yachts provided for charter on the BOFORT.PL portal.
- Client – natural or legal person, but also an organizational entity without legal personality, who holds legal capacity by provisions of law, making a reservation of a yacht with the use of the BOFORT.PL yacht reservation service.
- Agreement with BOFORT.PL (henceforth referred to as Agreement) – agreement between the boat-owner and the BOFORT.PL portal, the object of which is the use of the services of the BOFORT.PL yacht reservation system.
- The BOFORT.PL yacht reservation system (henceforth referred to as Portal) – online system for managing yachts integrated with the portal http://bofort.pl for online bookings. Managed by the Operator, via which the boat-owner may provide yachts for booking, and the Client can make reservations of these yachts.
- Charter agreement – an agreement between the Boat-owner and Client, the object of which is the Client’s use of the yacht charter service.
III. GENERAL PROVISIONS
- In this document, BOFORT.PL establishes the terms for the functioning and the use of the service, but also the rights and scope of responsibility of the Client.
- The yacht/ yachts offered up for charter are the property of the Boat-owner who is legally authorized to decide about them and offer them within the Service.
- The Boat-owner assures that the yacht/ yachts offered for charter in the Portal and their equipment holds all the certifications required by law.
- The Boat-owner’s placing of information about the chartered yacht concerning technical parameters, available terms and price for the charter constitutes a trade offer as mentioned in art. 66 of the Polish Civil Code. The Boat-owner holds sole liability for fulfilling that offer.
- BOFORT.PL has a right to inform Clients about the type and scope of services provided for the Boat-owner for purposes of marketing and promotion, without the need for acquiring the Boat-owner’s consent.
IV. USAGE OF THE PORTAL
- The Client’s usage of the Portal means that they have accepted all the provisions of the Terms and Regulations document. This acceptance is a declaration of will and creates a legal obligation between the Client and BOFORT.PL.
- The use of the Portal is possible under the condition that the Client has access to the Internet, and via the Internet – to the Portal. The Client is responsible for the proper functioning of their computer station and software and any usage and legal fees linked to that.
- The Client has access to the Portal 24 hours per day (24/7 model). At the same time BOFORT.PL is not to be held accountable for any stoppages in the Portal’s operation, caused by necessary maintenance, temporary malfunctions or partial malfunctions, forbidden interference of the users, and the damage that may have arisen as a result of these events, even if they result in damaging or loss of data.
- As part of the portal, the Client can use in particular such services and facilities as:
- provided materials
- search engines, calculators, blog, maps, etc.
- entering into agreements concerning providing yacht charter reservation services
- payments for rental services.
- The registration procedure and opening of a Client’s account takes place after filling out the registration fields found on the website of the Portal. The Agreement concerning providing services electronically is concluded for an indefinite term.
- The Client shall receive an individual account generated in the Portal, secured with a unique user name and password
- The Client receives access to the module for browsing offers and concluding transactions in the Portal after writing in the user name and password.
- The Client commits him or herself to not disclose the password to any third parties (this applies also to providing access to the account) and that any attempts at unauthorized logging in or breaches of confidentiality will be reported without delay to BOFORT.PL. The Client is solely responsible for any damage caused by unauthorized use of the Portal as a result of revealing the password o third parties.
- The Client accepts the necessity to hold an updated, active e-mail address, which will be used for any correspondence connected to executing the Agreement.
- The Client consents to BOFORT.PL posting and processing their personal details, in accordance with the valid provisions of the law, in particular the Act from August 29th 1997 on personal data protection (Journal of Laws, Number 133, item 883 later amended), henceforth referred to as the Act on personal data protection.
- The Client is legally accountable for the truthfulness of the personal data provided during registration on the Portal.
VI. YACHT BOOKING
- Yacht booking may be done 24 hours per day (24/7 model), all throughout the year.
- Yacht booking in the Portal takes place by paying an advance payment to the account of the Portal. For the booking to be binding, the Client is obliged to make the payment of the advance at the moment of booking the yacht. The size of the advance is set by the Portal and published together with the offer of the yacht on the website of the Portal.
- Yacht booking and payment of the advance need to be made at least 3-days before the planned charter start date.
- At the moment when the Client books the Boat-owner’s yacht via the Portal, the Client simultaneously consents to the terms of the Portal. The Client therefore enters into a direct (legally binding) contractual obligation with the Boat-owner and together with the Boat-owner is fully responsible for fulfilling the charter Agreement and any possible damages connected in connection with executing or failure in executing the provisions of the charter Agreement.
- Prices of booking provided in the Portal are gross prices and are expressed in PLN, EUR or USD. The payment unit is the Polish zloty (PLN). Sums expressed in EUR or USD are calculated based on exchange rate from the date the transaction is made. Any differences in payment may result from currency exchange rate differences of the transaction serviced by the Client’s credit card operator or the Client’s bank.
- Within the framework of the Portal and in accordance with the agreement concluded between BOFORT.PL and the Boat-owner, BOFORT.PL conducts activities on behalf of the Boat-owner aimed at concluding an agreement between the Boat-owner and Client, which include receiving payment of the advance for the Boat-owner and in their behalf, as stipulated by the Boat-owner in the yacht charter offer.
- The advance is received by BOFORT.PL via the following payment methods:
- Bank transfer to the BOFORT. PL account
- Payment card: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro
- With a payment gate:Blue Media,Przelewy24,PayPal
- Payment of the advance should be made by the Client without delay after concluding booking via the Portal, at the moment of booking.
- Yacht reservation is conducted by the Boat-owner the moment BOFORT.PL receives the advance.
In the case of credit card delivery period is counted from the moment of positive transaction authorization.
Any refunding of sums received by the Boat-owner via the Portal, including via BOFORT.PL, is done to the benefit of the Client by the Boat-owner. The activity of BOFORT.PL is limited to receiving the advance and conveying it to the Boat-owner.
- Reception of the advance by BOFORT.PL, in accordance with art. 6 point 1 of the law from August 19th, 2011 on payment services does not constitute what is understood in the provisions as payment services. Receiving the advance sum by BOFORT.PL is conducted for the Boat-owner, who is the recipient of the payment made by the Client.
- The terms and conditions of providing payment services for the Client, in particular the terms of conveying the Client’s payment to BOFORT.PL are set by the Client’s provider of payment services (in particular the bank managing the account or the card issuer) in the agreement between the Client and that provider.
- If the payment was made through a payment card and the following need to return the funds for the transaction made by the Customer’s credit card, the seller made the return to the bank account assigned to the credit card customer.
VIII. YACHT DELIVERY
- The Client consents to providing their contact details to the Boat-owner which is necessary to finalize the charter Agreement. The Boat-owner receives automatically a message that contains the order number, all the financial data of the booking and the Client data.
- The Service is not to be held accountable for the completeness and correctness of the Client’s data and the Client’s financial obligation resulting from the charter Agreement with the Boat-owner, including the outstanding payment for the charter.
- The Client delivers the security deposit directly to the Boat-owner on the day of the yacht’s delivery, in the size specified in the individual charter Agreement with the Boat-owner.
- Services not included in the order (i.e. hiring a skipper, paid parking, cleaning, fuel etc.) will be paid for directly to the Boat-owner.
IX. CANCELLATIONS, CLAIMS, FEEDBACK
- The Client can cancel a completed booking on the terms and according to deadlines specified in the charter Agreement with the Boat-owner.
- If the cancellation of the Agreement occurs before signing the charter Agreement with the Boat-owner or if the Agreement does not specify terms of cancellation, then general service cancellation conditions are applicable:
2.1 The Client may cancel the charter Agreement no later than 30 days before the planned charter start date and they are eligible to a refund of 50% of the paid advance sum.
2.2 The Client is not entitled to a partial or complete refund of the paid advance, if the cancellation occurs fewer than 30 days before the planned charter start date.
- After signing the charter Contract, the Client may cancel it according to terms specified in the Agreement.
- The Client can familiarize him or herself with the contents of the individual charter Agreement of a given yacht’s owner before signing it, via a BOFORT.PL employee.
- The Boat-owner is responsible for processing and considering the Client’s complaints and claims concerning the yacht and/ or fulfillment of the charter Contract. BOFORT.PL is not to be held accountable for any dispute resulting from the contractual obligation between the Boat-owner and Client.
- Clients who used the Boat-owner services have a right to provide their opinion on the yacht, the charter Agreement fulfillment and other aspects of the booking. BOFORT.PL reserves the right to placing these opinions on the web pages of the Portal. BOFORT.PL is not responsible for the contents of the opinions and is not obliged to verify them. BOFORT.PL reserves the right to verify, edit or remove opinions with content that is offensive or contains personal details.
- The Boat-owner is fully responsible for their charter offer placed in the Portal, including among others price lists, available dates, descriptions, photos, charter condition, such as discounts and additional fees.
- PL is not to be held accountable for the damages resulting from the behavior of the Client and third parties, including the quality, safety or legality of the offers provided by the Portal.
X. PERSONAL DATA PROTECTION
- PL is an administrator of personal data and is responsible for securing the data in accordance with the Law on personal data protection. The personal details of the Boat-owner and the Client are processed as part of the services mentioned in the Terms and Regulations. The owner of the personal data has the right to access the data and correct it. Providing this data is mandatory, in accordance with the provisions of the Law from July 18th, 2002 on providing services electronically (Journal of laws, Number 144, item 1204), and services essential to conducting the contract
- The Boat-owner agrees to processing personal data in the BOFORT.PL database in accordance with the provisions of the Act on personal data protection, using them for marketing purposes and conveying that data to the Client who made the reservation.
- In the case of providing personal data of the Client to the Boat-owner, the Boat-owner simultaneously becomes the administrator of the Client’s personal data, who is responsible for processing that data in accordance with law in their own extent. The Boat-owner is informed about the necessity to adhere to the Act on personal data protection.
- PL is not liable for any actions of the Boat-owner or any third parties in connection with the content or scope of the Client’s personal details or any damage that arose in consequence of them.
XI. FINAL PROVISIONS
- The parties commit themselves to make all the necessary effort to resolve any disputes connected to Agreement performance amicably. In the case of the absence of an amicable resolution, the appropriate court for settling the matter will be the District Court of Warsaw.
- If any of the provisions of the Terms and regulations is or becomes invalid or not binding, the parties shall be bound by other conditions of the Agreement. In such a case, BOFORT.PL is committed to immediately adjusting the invalid provisions of the Terms and Regulations in such a way that once again are valid and binding.
XII. CHANGES TO THE REGULATIONS
- PL reserves the right to changing the contents of these Regulations and implementing a new version of the Portal at any moment, without the need for explaining the cause. The changes in the Regulations will be provided as information to the Client by BOFORT.PL on the electronic mail address they provided. If the Client does not submit a declaration of agreement termination in the appropriate term, it is believed that the changes were accepted by the Client. In the case of reporting the lack of acceptance for new Terms and regulations, the functionality of the Client’s account is suspended, and/ or their account’s functioning maybe limited or removed.
- The terms and regulations become valid starting from the day they are posted on the Portal’s website
- The legal successors of BOFORT.PL will be entitled to any rights resulting from these terms and regulations.
- These Regulations and the use of the service adhere to the Polish law, especially the provisions of the Civil Code and the Act from July 18th, 2002 on providing services, whose provisions are applied in matters not included in this document.