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- General Terms and Conditions of Sale (GTC") of Ship-Ahoy GmbH, Zurich ("Ship-Ahoy") (status as of 13.09.2017)"
- General Terms and Conditions of Rental of Ship-Ahoy GmbH ("GTC")
General Terms and Conditions of Sale (GTC") of Ship-Ahoy GmbH, Zurich
(status as of 13.09.2017)
1. Ship-Ahoy serves as an intermediary for the conclusion of a contract between an owner (the "lessor") of a vessel validly licensed and and used on public waters in Switzerland (the "Ship") and a person a person interested in renting this vessel (the "Hirer"). For this purpose, Ship-Ahoy operates an online community platform the Ship-Ahoy online community platform (the "Ship-Ahoy Platform").
2. On the Ship-Ahoy platform, lessors and lessees can conclude contracts with each other autonomously and independently and under their their own responsibility. Only the lessor and the lessee are obliged and and authorized to conclude such contracts. The execution of the contract is the sole responsibility the sole responsibility of the lessor and the lessee. Ship-Ahoy is not a party to the contracts concluded between the lessor and the lessee on the Ship-Ahoy platform. Ship-Ahoy, its representatives, employees and employees and assistants are in no way responsible for the risks for the risks involved in the initiation and conclusion of transactions and are not liable in any way for any damage damage resulting therefrom.
3. In the event of a successful rental, fees (processing and administration fee) amounting to 15% of the rental amount (rental price only, excluding insurance costs) are due and insurance costs) are due and must be paid by the lessor. by the renter.
4. The characteristics of the boats offered for rent are the characteristics of the boats offered for rent are described in more detail on the Ship-Ahoy platform by the lessor platform and the rental prices are fixed by the lessor according to his own according to his own judgement. The Boat Owner guarantees that he does not offer for rent rental on the Ship-Ahoy platform platform only boats that are validly licensed and used on Swiss public waters and that all information provided by the lessor on the Ship-Ahoy on the Ship-Ahoy platform is true and correct (in particular the characteristics of the boats offered for rent as well as the characteristics of the boats offered for rent as well as the information ownership of the offered vessels). The Hirer guarantees that all information provided on the provided on the Ship-Ahoy platform platform (in particular regarding driving license and all required personal information required information about him/her, such as age and driving ability) is correct and driving ability) are correct and true. truthful. The lessor and the lessee guarantee that no offer, text or image published by them does not infringe on the rights rights of third parties or the intellectual property rights of third intellectual property rights of third parties.
5. Ship-Ahoy ist zwar berechtigt, aber nicht verpflichtet, das Verhalten der Vermieter und Mieter im Zusammenhang mit der Nutzung der Ship-Ahoy Plattform zu kontrollieren. Insbesondere ist Ship-Ahoy nicht verpflichtet, die auf der Ship-Ahoy Plattform von Vermietern und Mietern veröffentlichten Angebote, Angaben, Texte und bildlichen Darstellungen auf ihre Richtigkeit, Zulässigkeit, Rechtmässigkeit oder in sonstiger Hinsicht zu überprüfen.
6. Any warranty and liability of Ship-Ahoy is excluded to the extent permitted by law. In particular, Ship-Ahoy is not responsible for the accuracy of the characteristics of the boats offered for rent as described by the lessor, nor for the information provided by the Hirer on the Ship-Ahoy platform, nor for the nor for the creditworthiness of the renter and declines any responsibility responsibility in this respect. Ship-Ahoy does not guarantee that that the hirer and the renter behave according to the principles of of good faith, in particular that they fulfill their mutual contractual contractual obligations. Ship-Ahoy does not accept any liability for damages resulting from the non-performance or non-performance or late performance of the contractual obligations between contractual obligations between the hirer and the lessor or caused in the within the framework of the execution of the contract by the hirer and the lessor (e.g. for damage to the rented vessel).
7. The Ship-Ahoy platform may be temporarily unavailable or limited due to maintenance work, technical maintenance work, technical problems or other other reasons. This does not give rise to any rights for the lessor or the lessee vis-à-vis Ship-Ahoy.
8. Personal data of lessors and (together the "data") are treated confidentially by Ship-Ahoy confidentiality by Ship-Ahoy and shall not be passed on to transmitted to third parties; subject to judicial directives or other or other authorities that oblige Ship-Ahoy to transmit data. to transmit data. The lessor and the lessee agree to be contacted by Ship-Ahoy by e-mail. The lessor and the lessee furthermore acknowledge and agree that know and agree that the data will be stored and electronically stored and processed by Ship-Ahoy in a database. in a database.
9. These GTC and the contracts concluded between Ship-Ahoy and the Hirer, respectively Ship-Ahoy and and the Lessor, shall be governed exclusively by Swiss law, to the law, to the exclusion of the conflict of laws rules of private international international private law. The ordinary courts of Ship-Ahoy are exclusively competent for all disputes arising from competent for all disputes arising from the GTC and the contracts and the contracts concluded between Ship-Ahoy and the lessee, respectively Ship-Ahoy and the Lessor, including their formation their formation, validity, nullity, breach or termination. termination.
Ship-Ahoy se réserve le droit de modifier à tout moment les présentes conditions générales. La version actuelle est publiée sur la plateforme Ship-Ahoy.