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    Terms and Conditions

    General Terms of Use

    THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEBSITE OR USING ANY SERVICE PROVIDED ON THIS WEBSITE, YOU ACCEPT AND APPROVE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. BEFORE ACCEPTING THE TERMS AND CONDITIONS PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.

    1. Definitions

    In this Terms and Conditions, the subsequent words and verbalisms shall have the following meanings:

    Booking:

    Each discrete Booking of a Listing that is made or requested by the guest in written confirmation offered by a particular Charter and posted on the Website.

    Business Days:

    Business Days are days when banks are open in Austria.

    Full Booking Fee:

    For the Booking of each specific Listing the total fee is provided by each of our Charters based on the specific request.

    Charter:

    The Charter is an individual of lawful age and of full capacity to contract or a properly represented lawful entity which is the lawful and beneficial owner of the vessels, or duly authorized by the lawful and beneficial owner of these, or a person who has obtained an exclusive unconditional right for the using and posting the Listings on the Website for Booking by a Guest. Each Charter is a partner of Zizoo.

    Listing:

    Listings are boats, sailboats, catamarans, motorboats, yachts, jet skis and any other kind of sea or lake or river vessels of a particular Charter which is being posted on the Website for reservation by Guests. Additional services which are linked to (i.e. cleaning, skipper etc.) the Listings may also be included and are specified in each of the Listings by the Charter.

    Payment Provider:

    The Payment Provider, being the payment system provider that processes the payments on the Website, is:

    Viva Wallet (https://www.vivawallet.com/)

    Service Provider:

    The Service Provider is Zizooboats GmbH, an enterprise organised and existing under the laws of the Republic of Austria with registered address at Schoenlaterngasse 11, 1010 Vienna, Austria.

    Services:

    The Service is a Website to which Charters can post, offer and market their Listings for Booking and reservation from the Guests and the Service Provider can provide their expertise and assistance for such posts or uploads if requested. The Service is provided by Zizoo

    Service Fee

    The Service Fee is the amount payable by the Charter to the Service Provider as a consideration for the provision of the Service. Upon the conclusion of a Booking through the Website a commission to the agreements between Zizoo and the Charter of the Full Booking Fee has to be paid. The Service Provider can lower the agreed percentage for promotional or any other aim. The Service Fee is invoiced to the Charters for each booking.

    Terms & Conditions:

    These terms and conditions (“Agreement”) set forth the general terms and conditions of the guest’s use of the zizoo.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between the guest (“Guest”, “you” or “your”) and this Website (“Service Provider”, “we”, “us” or “our”). If the guest is entering into this agreement on behalf of a business or other legal entity, he/she represents that he/she has the authority to bind such an entity to this agreement, in which case the terms “Guest”, “you” or “your” shall refer to such entity. These terms and conditions supersede any other contracts submitted by the charterer or otherwise (with the exception of Myba contracts).

    Guest:

    The Guest is an individual of lawful age and of full capacity to contract, or a properly represented lawful entity who enters into an agreement with a particular Charter for the reservation of a respective Listing and who has approved to pay the Full Booking Fee.

    We:

    We” stands for the Service Provider.

    Website or Site:

    The Website or Site is an online platform with domain name https://www.zizoo.com , owned, managed and administered by the Service Provider.

    You/you:

    You/you” termed the Charters and Guests as correspondent.

    Us:

    Us” stands for the Zizoo.

     

    As a Guest or as a Charter you approve, by registering, accessing and/or using the Website and Services, to be bound by these Terms & Conditions and any other Terms & Conditions as they may be modified from time to time and included in these Terms & Conditions and which will apply between you and the Service Provider and which you approve that you have read and understood.

    As a Guest - if you make a Booking with Zizoo - you acknowledge and understand that the legal contract regulating each specific Booking is between Zizoo, each individual Charter and each particular Guest and that you will need to refer to and shall be bound by the booking confirmation, and the booking terms and conditions that will apply to that Booking with the particular Charter in relation to payment, cancellation and other related matters.

    The Service Provider task is to simplify the availability of this Website for the Charters and to provide the Services related to this, and any agreement for Booking or Listing is solely between the Charter and the Guest. It is perceived that the Service Provider will not be a party to such an agreement and will not be bound by these Terms & ConditionsCharters and Guests perceive that the Service Provider is merely simplifying the availability of this Website for the Charters and provide the Services related to this. Charters and Guests perceive and agree that they are merely responsible for determining their own tax reporting requirements in consultation with tax advisors. The Service Provider cannot and does not offer any fiscal advice.

    Persons under the age of eighteen will not be accepted as Guests. The Guest admit and warrants that he/she is older than the age of eighteen years and that all the personal information provided are true to his knowledge. The Guest declares and warrants that he/she is legally empowered to enter into the agreement with Us a particular Charter on his/her own behalf or for any agents or representatives acting in his/her name. The Guest and Charter are fully responsible and liable in person for any claims resulting of the usage of the Website or any Service.

    2. Changess and Modifications

    We reserve the right to change this agreement or its terms relating to the website and services at any time and at our discretion. When we do so, we will revise the updated date at the bottom of this page, post a notice on the main page of the website, or send an email to guests to notify them of the change. We may also notify guests by other means at our discretion, such as through the contact information provided.

    An updated version of this agreement will be effective immediately upon posting the revised agreement unless otherwise specified. Guest's continued use of the website and services after the effective date of the revised agreement (or as otherwise bound at that time) will constitute consent to such changes.

    3. Guests and Charters

    3.1

    The Service Provider makes available an online platform through the Website on which Charters can offer their Listings for reservation. Charters can individually post their rates with our consent, adapt the availability for reservation of their Listings, manage upcoming bookings, contact and be contacted by Us, obtain booking requests, get reviews for their services, post their terms and conditions and many more related to these Terms and Conditions.

    3.2

    Guest can book a specific Listing through this Website which is posted on the Website by a Charter. By making a Booking through the Website each Guest will enter into a direct contractual relationship with Us and the particular Charter from which you want to book. The Service Provider behaves merely as a provider of the web service, transferring the details of the reservation to the appropriate Charter and sending a confirmation email to the Charter for and on behalf of the Charter. When rendering their Services, information that the Service Provider reveals is based on the information provided to the Service Provider by each Charter. Zizoo and Charters are totally responsible for updating all rates, availability and other information which are advertised on the Website. The Service Provider is responsible for establishing the contact between the Charter and the Guest. The Service Provider is not responsible for the non-performance or exact and compliant performance of those services that are part of the application area of the agreement between the Charter and the Guest. Zizoo stays responsible for the accuracy at all times, totality and correctness of the information (including the rates and availability) advertised on the Website. The Website does not illustrate and should not be considered as a reference or advocacy of the quality, service level or rating of any Charter made available.

    As a Guest you agree and understand that the legal contract regulating each particular Booking is between an Us, individual Charter and a specific Guest. If you make a Booking with an individual Charter through the Website you will need to refer to and shall be bound by the booking confirmation, and the booking terms and conditions that will apply to that Booking with the individual Charter referring to payment, cancellation and other regarding matters.

    3.3

    The Guest gets in a direct contractual relationship with Us and the Charter that will supply the Service. If the Booking of these Services will be completed on the Website, the Guest will be bound by our terms and services

    3.4

    Zizoo posts through the Website - by verifying the latest information from the Charter - the Listings, the rates for booking, details, terms, photos and all other significant information associated with the Listings.

    3.5

    Through the Website the Charter will have the possibility to request Zizoo to update his fees for Booking the Listings, regulate the availability of reservation of its Listings, manage upcoming bookings, get reviews for its services and post his Terms and Conditions that will govern the agreement between Us, the Charter and each specific Guest of the Website.

    Any fees or possible payments exceeding EUR 15.000, -- have to be permitted by the Service Provider.

    3.6

    Prior to the posting of any Listing by a Charter which is a Private person, the Service Provider will approve such Listing.

    3.7

    The Charter is liable with Us to post a full description of the Listing on the Website, upload photos and/ or graphics, and/or icons, and/or images which are linked to the Listing that the Guest confirms to pay the Full Booking Fee for.

    3.8

    Particular Terms of Service apply for bookings longer than 90 days.

    3.9

    We will ensure that the Services of the Charter shall be practiced by employees or agents of the Charter that have the required technical and professional skills.

    3.10

    The Service Provider allows the Charter to use the Services and - if necessary - to provide its expertise and assistance for posts or uploads of the Listings. The Service Provider, if requested, shall receive, notify and forward to each Charter any booking requests or enquiries made through the Website by a Guest. The Service Provider shall not act in any way as a contracting agent or representative for you as a Charter, or as a broker or insurer in each case, in relation to your transactions which you conclude with Guests via the Website as related in clause 1.

    3.11

    The Charter shall, upon the request of the Service Providersupply the Service Provider with the evidence of ownership or possession of the Listing or a proof of having the right and authorization to rent such Listing and that all licenses and authorization in respect of the Listing have been orderly received.

    3.12

    The Charter shall have the liability to receive and keep in force any license and other authorizations required by any applicable law for the Listings. The Charter is obliged to provide the Service Provider with such licenses and authorization upon Service Provider’s request. The Service Provider will not be obliged to release the fees (minus the Service Fee) to a particular Charter, if this Charter does not provide the Service Provider the required documents proving the proper possession and use of a particular vessel or a properly signed charter party (where this is obligatory).

    3.13

    If the Charter does not agree with the Terms and Conditions of the Service Provider or any applicable law, the Service Provider may interrupt or stop providing its Services to the Charter.

    3.14

    The Charter complies that the Service Provider may check the Charter’s uploads to the Website and may eliminate or refuse to show contents that the Service Provider reasonably believes that reveal the Charters identity to the public including and without limitation its full name, company name, links to other websites, telephone numbers, and/or uploads by the Charter if they are illegal or violate Service Provider’s Terms and Conditions or the Applicable Law or any other applicable law.

    3.15

    As a Charter you purpose to list and post including but not limited to the features, availability, prices, photos of the Listing as well as the terms regulating the agreement between Us and Guest including your cancellation policies and particular details of those.

    The Charter must be able to provide information such as Passport/ID from the Guests, signed charter contract and confirmation of check in / check out to the Service Provider in cases of disputes. It is the Charter’s responsibility to collect all necessary information in accordance with local laws and regulations

    3.16

    The Charter will be liable for defining the rate of each Listing and any additional charges that may exist. You understand and approve that if a Guest requests a Booking of your Listing, the rate that you have set for this Booking may not be changed. Upon written approval Zizoo can upload or modify new or existing listings if requested. As a Charter you are responsible for honoring the accepted booking, and in case of impossibility to honor a booking you must cover necessary travel expenses or costs of replacement that would otherwise be beared by the client

    3.17

    As a Charter you approve that you ensure the Service Provider an irrevocable permission and that you have the right of the usage of all text, graphics, logos, icons, images with any and all other information posted by you as a Charter in connection to the Listings that are posted on the Website. The license and right includes but is not limited to allowing the Service Provider to utilize such texts, icons, graphics, logos, images with any and all other information in social networks, newsletters, and to any other kind of advertisement and for such commercial aim as the Service Provider think fit and proper for the promotion of their business. The Service Provider is not liable in any way for any violations of rights of intellectual property committed by any users of the platform. As partner you agree to be contacted via phone, email, sms and/or messenger systems such as Whatsapp for questions regarding availability, pricing, general information and marketing emails.

    3.18

    The Charter approves that in the case of a conclusion of a Booking with a Guest by using the Website and Services, then, in consideration of the use of the Website and the Services, the Service Fee is payable, exclusive of any applicable VAT and related taxes which may be charged in addition to that, and regarding of which the Service Provider may issue or be required to issue to a Charter a valid VAT or related tax or other invoice (or the Service Provider may issue to each Charter at each Charters reasonable request). The Service Fee is based on a percentage according to the agreements between Zizoo and the Charter of the Full Booking Fee Service each Booking that you post for each Listing that you may list and post on the Website and 10% Service Fee on any extra service provided for this booking, which is promoted and sold to the customer over the Zizoo Platform. The fee is subtracted from the first disbursement to you as a Charter and it excludes expenses such as bank transfer fees, credit cards transaction fees, VAT, and other taxes if applicable. The service provider is not liable in any way for any violations of rights of intellectual property committed by any users of the platform. 

    3.19

    Based on the agreed Terms and Conditions between Us, the Charter and the Guest, the Service Provider will react as a provider for web-services. If a Listing is inquired by a Guest via the Website, then it will be necessary for you to either confirm or reject the Guest’s inquiry. If you approve as a Charter that your Listing is obtainable and a Guest’s Booking is afterwards accepted and confirmed by you through the Website and once the value of the booking fee is confirmed by the Payment Provider, the Guest’s relevant contact details will be transmitted to you (including phone number) from the Service Provider. Also your contact details will be transmitted to the Guest by the Service Provider.

    3.20

    All correspondence in connection with the Booking transaction should be made between you as a Charter and the Guest through the Website as relieved by the Service Provider’s service where required/applicable. You as a Charter must send a message the Service Provider briefly explaining the reason of the rejection, in case you reject a Booking for any reason.

    3.21

    As a Charter you acknowledge that, when a Guest requests a Listing that a Charter posts and subsequently the Charter accepts the Guests booking request, and the Guest's mode of payment is via bank transfer via Payment Provider the Service Providers allow the Guest 5 days to make the payment. The Listing will be set in an “Option” status for the requested dates for 5 days from the day of the booking approval in order to guarantee the booking. In such a case where you as a Charter have your Listing in an Option Status then you hereby undertake and agree that you consider this Listing as booked and you should not proceed with booking it out to any other Guest and or other third person for the specific date/s. Guests paying via bank transfer via Payment provider are encouraged to send a proof of payment confirmation as soon as they have executed the payment.

    For Bookings done less than 14 days prior to check-in date only credit card payments via Payment Provider will be allowed as a mode of payment.

    3.22

    The Charter guarantees, declares and undertakes that:

    He is the lawful and beneficial owner of, and he has good and saleable title to the Listings and/or it has been duly authorized to use and offer the Listing and/or it has received an exclusive unconditional right for the use and provision of the Listings.

    He has received all required licenses, insurances, permissions and any other requisites for the use of the Listing. These licenses, permissions, insurances shall endure during the use of the Services and during the period of these Terms and Conditions are in force.

    Any picture, photo, icon, drawing, text, logo, graphic or image uploaded by the Charter on the Website related with the Listings correlated to the reserved Listing by the Guests of the Website and any information related to the Listings are true and correct.

    He has a considerable knowledge of and expertise in providing his services to the Guests and maintains high quality of infrastructure while performing its services.

    He has one or more active insurance policies with a reputable insurance firm to cover any obligations that may occur with the usage of the Services or under this agreement and such insurance policies shall endure during the use of the Services and during the period when this agreement is in force.

    The Charter has not breached or violated any law or regulation the breach of which has or might reasonably be expected to have a negative material negative effect on the Website and the business of the Service Provider.

    There exists no claims and no investigations are being made or conducted against him or any subsidiary or affiliates that have or might reasonably be expected to have a material disadvantageous effect.

    In performing his services he will use appropriate care and skill.

    The Charter acknowledges and approves that the Service Provider shall be authorized and entitled to retain and deduct the Service Fee from such monies collected.

    3.23

    The Service Provider has the right to require to be provided with the evidence of ownership or exclusive management of the Listings from you as a Charter and that all required conditions, licenses permissions from competent authorities, insurances and any other requisites arising from any laws of Republic of Austria or of any other Country where the Listing is situated or which country’s flag the Listing's flying are met by the Charter or by the owner of the Listing. The Charter is liable to inform the Service Provider which countries the Listing may be legally driven to, if he is requested by the Service Provider.

    3.24

    As a Charter you oblige to keep the Service Provider and their employees, agents, representatives and affiliates, indemnified against all claims, actions, costs, expenses, including legal costs and legal expenses, suffered by the Service Provider due to any disregard or default of the Charter or his employees, agents, licensees or customers in connection with the performance of the Charters services and/or due to the breach of the above warranties.

    3.25

    The Guests have the possibility to search and view obtainable Listings through the Website, including but not limited to information in connection with the Listing such as prices, details, photos and contact the Charter to request and/or apply for a Booking.

    3.26

    As soon as the Guests booking request has been done, the Service Provider will inform the appropriate Charter by email to accept or reject the booking request.

    3.27

    Within a time limit of 24 hours Charters have to either confirm or reject the booking request of the Guest. If the booking request is accepted by the Charter through the Website, the Guest will obtain an email with Charter’s booking confirmation, and the respective contact details of the Charter. The relevant contact details of the Guest will also be transmitted to the Charter. The payment process described under section 4 will apply upon receipt of a booking confirmation.

    3.28

    When the contact details have been exchanged, the communication between a particular Guest and the Charter - for example regarding information and details about the Booking, - will be done directly through the Website as facilitated by the Service Provider where required/applicable.

    3.29

    Until the Full Booking Fee has been received according to the Terms and Conditions, the Charter will not make obtainable the Listing to the Guest.

    Upon accepting a booking confirmation, Charters shall be responsible for providing the service referred to in the booking confirmation.

    3.30

    If a Guest requests a Booking, and that Booking is accepted by the Charter as described in these Terms and Conditions, he will be responsible and liable to pay to the Charter the Full Booking Fee through the Site via Payment Provider, subject, in each case, to these Terms & Conditions and any other terms and conditions as agreed between a Guest and their Charter.

    A pre-authorisation on the Guest’s payment card for the total amount of the Full Booking Fee will be obtained upon a booking request to ensure that the particular Guest has the necessary amount of funds available for the respective Booking. In the case that payment of the Full Booking Fee by the Guest takes place in more than one instalment according to paragraph 4.8 of these Terms & Conditions, the pre-authorization on the Guests payment card will equal to the total amount of the first instalment or the full booking price as per clause 4.9.

    If the Guest’s booking request is accepted by the Charter, the payment process described under Section 4 will apply. If a booking request is refused, expires or is cancelled, any pre-authorisation of the Guest’s payment card will be automatically released within 5 to 7 days, or longer depending on the recepients Credit institution.

    In case the payment of the Full Booking Fee by the Guest takes place via bank transfer according to clause 4.5, then the Guest shall have 5 (five) Business days to deposit the money into the account, details of which will be on the website.

    Every payment has to be done according to the terms and conditions of the Payment Provider.

    3.31

    If you cancel your Booking as a Guest, the provisions of Section 5 will be applicable. The Service Provider will not be liable if the Charter denies refunding the Guests. Therefore. Guests are strongly advised to review the terms of each Charter prior Booking. The Service Fees are non-refundable (please note section 5.3.) and Charters are just liable (provided that they undertake to do so) to refund a specific Guest with the Full Booking Fee (minus the Service Fee) or the partial booking fee if the Guest determined to pay in 2 installments.

    3.32

    Monies collected and received by the Payment Provider shall be forwarded to Charters less the Service Charge within 5 days from the date of Payment Provider's confirmation that they are received.

    3.33

    The Guest obliges to keep the Service Provider and their employees, representatives, agents and affiliates, recouped against all claims, actions, costs, expenses, including legal costs and legal expenses, suffered by the Service Provider against any damage, loss or liability (whether civil or criminal) suffered by the Service Provider resulting from any act disregard or default of the Guest or his employees or agents or breach of any of these Terms and Conditions.

    3.34

    The default setting of the ranking of Suppliers on our Platform is 'Zizoo Recommended' (or any similar wording); this is the Default Ranking. Please note that the Default Ranking is created through a complex ever-changing and evolving system, referred to as an algorithm, that considers a multitude of criteria in order to match searchers and vessels in an optimal way. The actual ranking will be different for each Guest and for each search as there are many criteria included, for example, the popularity of a vessel among our guests (e.g. guest reviews), customer service history (including the number and type of guest complaints), certain booking-related data (e.g. number of bookings, cancellations, conversion rate, availability, etc.) and the past browsing activities of a visitor. The Service fee is also included in the algorithm of the Default Ranking. Please note that for convenience we also offer other ways to rank Charters. A customer can choose to rank for example a vessel on the basis of lowest price first, highest price first, review scores and discounts. A Guest thus has full control on the presentation of the search results.

    4. Payments

    4.1

    For online payments, the use of credit cards, and the use of electronic money on our website, we refer to our provider and payment partner Viva Wallet (legal name VIVA PAYMENT SERVICES SINGLE MEMBER S.A.)  and its terms of service. By accepting our terms and conditions, the customer accepts the terms and conditions of Viva Wallet which can be read here:

    https://www.vivawallet.com/terms-and-conditions

     

    4.2

    If a customer decides to rent a rental via the website, he/she agrees and acknowledges that he/she will have to pay the full reservation fee indicated in the rental listing on the website. This payment is mandatory only in the event that the charter approves the reservation request for the particular reservation as described in these terms and conditions.

    4.3

    If payment is made in installments, as described in these Terms and Conditions, the Customer's payment card will be charged according to the amount of such installments.

    4.4

    We will make sure that Charters either accept or reject a Guests booking request.

    The Customer may also pay by bank transfer, but only through the Service Provider and only for reservations with an arrival date of more than 21 days from the reservation date. If bank transfer is the chosen method of payment, the guest must pay via the Service Provider to the bank account indicated on the website at the time of payment. Payment by bank transfer must be made within 72 hours. In case of payment in installments as described above, several bank transfers will be made accordingly.

    4.5

    Prices are confirmed at the last step of the booking process, when the customer clicks on "book", "book now", "create option", or similar, depending on the payment page, and the customer will have all the necessary information on the final total price before paying. Prices are quoted in Eur(€) with exchange rates calculated on a daily basis. Prices may therefore vary daily to reflect any movement in exchange rates. When a reservation is made, the exchange rate is set at that time and applies to any changes or cancellations to that element of the reservation. Exchange rates are determined by Zizoo. When a guest pays later, for example when Zizoo receives the charter price in a currency other than Euro and converts it to Euro, the applicable exchange rate will be that applied by the guest's card provider at the time of payment. Zizoo only bears part of the currency risk for pragmatical reasons to facilitate payments. Zizoo has the right to apply the actual exchange rates if the application of the exchange rate determined at the time of reservation results in a negative exchange rate effect for Zizoo of more than €1,000 for any individual booking or customer. 
    After confirming the reservation, the guest will receive a confirmation email with a reservation reference. This is when the contract for the products and services ordered takes effect. This confirmation e-mail contains all the details of the reservation. The client's contract with the charter is therefore directly enforceable against the charter without any intervention on our part.

    4.6

    Payment is processed in Germany when we process a guest's payment. Our payment provider may need to verify: (i) the validity of the payment card (through a charge of a nominal value which is either refunded within a few days or deducted from the final payment due to the service provider) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the credit card).

    Some banks and credit card companies charge fees for international or cross-border transactions. For example, if you, as a customer, make a reservation using a U.S.-issued card at a non-U.S. merchant, your bank may charge you a cross-border or international transaction fee. In addition, some banks and card companies charge a currency conversion fee. For example, if you make a reservation in a currency other than your credit card currency, your credit card company may convert the reservation amount to your credit card currency and charge you a conversion fee. The exchange rate and foreign transaction fee are determined solely by your bank on the day it processes the transaction. If you have any questions regarding these fees or the exchange rate applied to your reservation, please contact your bank.

    4.7

    Payment of the full reservation fee by the customer via the payment provider must be made as indicated below:

    For reservations made earlier than 60 days (inclusive) prior to arrival, the client may choose either to 
    - pay 100% of the total reservation fee upon approval of the reservation charter in question, or
    - pay 50% of the total reservation fee immediately upon approval of the charter for the reservation in question and the remaining amount must be paid no later than 45 days prior to the arrival date unless otherwise agreed upon between the charter and the client.

    For reservations made within 60 days (exclusive) prior to the arrival date, clients will be required to pay 100% of the total reservation amount. Unless otherwise agreed between the charter and the client.
    In the case of last-minute bookings (bookings created within 21 days of the check-in date), only online payments are allowed. The service provider reserves the right to ask the guest to fill out a credit card authorization form and/or to request proof of identity. Upon oral or written agreement with the charter, the guest may be allowed to pay on-site upon check-in. 

    For reservations made within 60 days (exclusive) prior to the arrival date, clients will be required to pay 100% of the total reservation amount. Unless otherwise agreed between the charter and the client.
    In the case of last-minute bookings (bookings created within 21 days of the check-in date), only online payments are allowed. The service provider reserves the right to ask the guest to fill out a credit card authorization form and/or to request proof of identity. Upon oral or written agreement with the charter, the guest may be allowed to pay on-site upon check-in. 

    Early bird or other promotional/seasonal payment plans
    A guest may be offered the option to pay 15/35/50 percentage of the full booking fee or 4x 25 or other. The first deposit is due immediately upon approval of the charter for the reservation in question. The client must make payment of half of the total amount of the reservation within one month from the date of acceptance. Final payments for the "early bird" plan or any other promotional plan must be made no later than 45 days before check-in.

    Once payment is received, we will apply the credit to the reservation. We will inform the client of the balance amount and due date. In case of overpayment, the balance will be refunded. Only payments made through the service provider will be accepted. 

    Please note that late payment may result in the cancellation of the reservation or additional late fees.

    4.8

    We reserve the right to cancel a booking immediately if we have reasonable grounds to believe that it is fraudulent, in such circumstances the credit/debit card will not be charged or any monies will be refunded to the card used. Zizoo shall have no liability whatsoever for any loss in such circumstances. we may (but are not obliged to) attempt to contact the customer or their bank to request further details which may help us to determine whether the card is being used legitimately. In this case, there is always the risk that the boat may not be retained or may not be retained at the same rate, particularly if the rental is within 14 days. Although we may offer to give time or extend a deadline for the customer to provide us with additional information, we reserve the right to cancel at any time, including during the period allowed for additional information, reasons include but are not limited to the charter canceling the booking for any reason (including but not limited to delays in issuing tickets while fraud checks are undertaken) or a fraud agent advising cancellation. In such circumstances, we will attempt to contact the customer, using the email address provided at the time of booking, or the bank to inform them of the cancellation.

    4.9 In the event of a payment error, including but not limited to card failure (e.g. fraud tests or insufficient funds), card company, or bank failure, the customer will be liable for the cost of their booking and, in addition, if we are unable to collect payment from them.
    4.10

    As a customer, when paying with a credit or debit card, you may see an additional payment verification step during the payment process.

    To prepare for this, please follow the recommendations below:

    Download your banking application
    Download your banking application to your cell phone and make the first connection.
    Register your mobile number with your bank. You can update your contacts via the app and/or at the counter. Contact your bank for more information.

    Validate your purchase
    You may need to verify your payment on your cell phone using your bank's app or a one-time code.
    You must have an internet connection and notifications must be enabled on your cell phone.

    If there is a problem with the processing of your transactions, we can contact you promptly by phone or email. You can also use alternative payment methods such as bank transfer, Sofort, or direct debit.

    4.11

    As a guest, you can request a refund via the support section of our website. If you have already submitted a refund request, you do not need to submit it again. Please note that our processing time is currently several weeks due to a large number of requests. Rest assured that our teams are fully committed to refunding you as soon as possible. 

    Please note that we are acting as your agent only. If you wish to cancel your booking, you may do so according to the terms and conditions of the charter company you accepted at the time of booking. 

    Due to the exceptional situation, we are currently processing a high volume of refunds and customer inquiries. However, we sincerely apologize if you have to wait for your refund - we understand your disappointment in this regard. We strive to respond to all of our customers as quickly as possible and we thank you in advance for your patience.

    For all payment methods other than credit or debit card, please include a bank or postal statement (for accounts outside the Sepa zone) or your IBAN number.

    If you are entitled to a refund, the corresponding amounts will be refunded to the payment card used for the original reservation. If a refund is due, please note that it will be processed in accordance with the charter company's policies and timelines.

    4.12

    Vouchers are only valid if mentioned at the time of application, either via the reservation request form, orally, or in writing to one of our representatives. Vouchers must correspond to the maximum total discount and may not be used in conjunction with other discounts, nor may they be used for one-day rentals. All vouchers are for one-time use only.

    The validity of the vouchers depends on the value of the boat rental. The minimum spending requirements are as follows:
    ≤ €100 vouchers    - valid for bookings with a minimum value of €1,000 
       €250 vouchers    - valid for bookings with a minimum value of €2,500
       €500 vouchers    - valid for bookings with a minimum value of €5,000 
    ≥ €1,000 vouchers - valid for bookings with a minimum value of €10,000.

    4.13

    When the Guest's booking request has been accepted and a booking confirmation is sent to the Guest, the service provider shall immediately collect a payment from a particular Guest equal to the full Booking Fee indicated next to the Charter's listing on the Website, in accordance with and subject to the provisions of clause 3.19 of the General Terms and Conditions. In the event that the payment will take place by more than one installment as described in these Terms and Conditions then the Guest's payment will be collected correspondingly according to the relevant amount of those installments.

    The Service Provider will notify the Charter once a Guest has successfully completed payment. The Service Provider will forward the payment, less the Service Fee and any other applicable charges, to each Charter Company's bank account within 5 Business Days (as notified to the Service Provider by each Charter Company), in accordance with any other arrangements that may be made between a Charter Company and the Service Provider. All payments to charters will be subject to a 2% transaction fee, which will be deducted from the total amount of the payment forwarded by the Service Provider.

    5. Cancellation and modification conditions

    5.1

    If a guest decides to change their reservation, they should contact and communicate with their specific charter and service provider. Guests should consider, however, that the charter is authorized to charge guests additional fees for these changes. Guests should also consider that the specific charter may not be able to accommodate these changes at all.

    5.2

    Guests may cancel their reservation through the website at any time and without charge prior to the confirmation by the charter of the specific reservation.

    In the event that the reservation has already been approved by the charter, customers may request cancellation of their reservation provided they contact the service provider and it is at the absolute discretion of the specific charter, and subject to the charter's stated cancellation policy, whether and under what conditions it will provide refunds.

    5.3

    Zizoo offers a full refund for cancellations made prior to the charter's confirmation of the reservation.

    For cancellations made up to 5 days after the charter's confirmation of the specific reservation, an administrative fee of 12% (or as otherwise agreed upon by the parties) is retained. 

    For cancellations made up to 45 days prior to the arrival date, 50% of the total price of the reservation is retained.

    Cancellations made less than 45 days before the arrival date are not entitled to a refund. A cancellation fee of 100% of the total price of the reservation applies.

    5.4

    Change of travel date option: one-time, penalty-free change of travel date for 2022 bookings with a check-in date between 01.04.2022 and 15.10.2022 up to 10 weeks prior to the check-in date, for the originally booked boat and with the same charter company. This offer is subject to availability and is only valid for bookings created before 15.10.2021. If the price for the new dates is higher, the customer will only pay the price difference. The discounts and promotions originally booked may not apply to the new week selected.

    5.5

    If there is a free cancellation promotional offer, it is applicable only to credit card payments for the first installment. In the event of a cancellation made through a bank transfer rather than a credit card transaction, a standard cancellation fee will apply. The fee can range from 12% to 50%, depending on the timing of the cancellation and the specific demands of the charter company.

    6. Privacy

    Your privacy is very important for the Service Provider. We request you to read this privacy policy carefully. It comprises important information about how the Service Provider collects personal information and how we will use personal data.

    This policy pertains to information we collect about:

    Guests of our Website;

    Charters of our Website;

    People, who stay in a business connection to us;

    6.1

    The collected information

    When any of these above mentioned persons inquiries our Services, we glean the following personal information:
    name;
    postal address, telephone number, email address, credit card number, account number and expiry date
    Sometimes we may obtain information about you from other sources (such as credit reference agencies). In order to help us to appraise you in a better way, we will enclose this information to the information which we already hold.

    6.2

    The usage of the information

    We collect the information dealt with clause 6.1. to process your registration as well as to process any orders you may make and to provide the services requested. The relevant information is then used by us, our agents and sub-contractors for the provision of the Services in general.

    To help us developing our Website and our Services, we may also use accumulated information and statistics for the purposes of monitoring Website usage in order. These are not information that may be used to identify you.

    Occasionally we may give your information to our customer service agencies for research and analysis intentions, for monitoring and improving our Services. For your feedback and comments on our services, we or our agents and sub-contractors may contact you by post, email or telephone.

    We will use all reasonable efforts to ensure your personal information. The use of the internet is not completely secure and because of that we cannot warrant the security or integrity of any personal information which is transferred from you via the internet.

    6.3

    Use of cookies

    By using this Website, we may gather information from your computer, like your IP address and/or browser, which will be used for administration purposes and statistical analysis. This information will not normally identify you personally.

    By placing a “cookieˮ, which is a small file on the hard disk of your computer, we may also receive information about your online activities and your use of the internet. Cookies are used for several reasons:

    to recognise you whenever you visit this Website

    to expedite your access to this Website (so you do not have to logon each time)

    to save your personal partialities

    to construct a profile about you

    to better aspire our advertising and marketing campaigns

    The huge majority of web browsers accept cookies. Certainly you can always change your browser settings so that cookies are not accepted. This may lead to the result, that you perhaps cannot use some of the functions of this Website.

    7. Prohibited Conduct

    Guests and Charters approve:

    They do not use this Website to upload or spread in any way files containing viruses, corrupted files, or any other equal software or programs that may damage the operation of another's computer;

    They do not obstruct or disrupt this Website or any networks connected to this Website;

    They do not use any software, device or routine or attempt to obstruct with the appropriate functioning of this Website or any transactions being offered at this Website;

    They do not make any operation that force an unreasonable or disproportionately large load on the Service Provider infrastructure;

    They do not use this Website to gather or harvest personal information, like, without any restriction, financial information, about other attendees at this Website; and

    they do not embody any person or entity or falsely state or otherwise distort the Charters or Guests affiliation with a person or entity.

    Charters and Guests approve not to use the services, products or downloads obtainable on this Website for illegal purposes, and to consent all regulations, policies and procedures of networks connected to this WebsiteCharters and Guests that neglect the Terms and Conditions may be expelled of the service.

    8. Compliance with Laws

    Guests and Charters shall agree with all applicable laws and regulations of the Republic of Austria and foreign countries relating to any service, product, or download associated with this WebsiteGuests ensure that they agree to every legal requirement to use the services and the Listings. If Services are listed on this Website, this does not mean, that every potential Guest has the possibility to use every listed Services.

    9. Age and Responsibility

    The Guests and the Charters declare that they are of adequately legal age to make binding legal obligations and to be responsible for any contractual and/or financial liabilities that may occur as a result of the usage of this WebsiteGuests and Charters acknowledge that they are financially responsible for all uses of this Website and/or those using their login name and password. The Service Provider must be informed and contacted immediately, if a Guest or a Charter has lost or has noticed that an unauthorised person may have access to the login name and/or password.

    10. Posting of Digital Files and/or Communications

    If, at any time, this Website should supply any service which allows Charters or Guests or any other third parties to post digital files and/or to communicate with, or otherwise share information with other persons, you approve not to display, distribute, submit, publish or otherwise communicate any improper, threatening, offensive, defamatory, inaccurate, or illegal material while you are connected to or otherwise directly or indirectly use this Website or any other services supplied to you by the Website. The forwarding of this material or any material that violates any law in the Republic of Austria or anywhere else in the world is strictly prohibited and shall constitute a material breach of this Terms and Conditions authorising the Service Provider to instantly conclude all rights to access to this Website. You are exclusively liable for all information, which you display, disseminate, submit, publish or otherwise communicate through this Website even if a claim should arise after termination of service. You approve, that all messages and other communications posted by you shall be considered to be immediately accessible to all other Guests/subscribers who are entitled to access this Website and you approve that all these messages and other communications shall not be considered to be private or secure, if this Website provides any of these service described herein.

    Neither Charters nor Guests are permitted to disclose personal information and contact details including but not limited to their surnames, emails, personal or business websites, skype or other VoIP IDs via the messaging platform of our Website. Messages including this information will be edited and the malapropos information will be deleted or hidden. Repeated breach of this term can result in permanent or temporary termination of the service provision. Irrespective of whether this Website provides any kind of service indicated herein, you approve that you have been informed and noticed that any and all messages and other communications which you either as a Charter or as a Guest send through or directly to this Website can be seen and read by the operators and/or other agents of this Website, whether or not they are the intended recipient(s). You approve to be personally responsible and indemnify and fully defend this Website. You agree that you are personally liable to the Service Provider for any and all damages directly, indirectly and/or consequentially resulting from your attempted or factual sharing of information or communications with any others through this Website alone, or with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from sharing of information or communications with others through this Website including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

    11. Copyrights

    The copyright in all material provided on this Website is owned by the Service Provider or by others. This Website comprises proprietary information and you as a Charter or as a Guest approve and acknowledge that this is protected by applicable intellectual property and other laws. You further approve and acknowledge that information posed to you through this Website, including text, logos, graphics, images, icons and software, and the arrangement and compilation of such content, are the property of the Service Provider or their content suppliers or others and is protected by copyrights, service marks, patents, trademarks or other proprietary rights and laws. By placing them on this Website the Service Provider does not warrant any authorization or license to any user of its copyrightable material or other intellectual property. None of the material may be copied, republished, reproduced, distributed, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Service Provider or the copyright owner, except as described herein. If you may print a copy of the information on this Website for your personal, non-commercial internal use or records, you may not amend the materials and you approve to maintain all copyright and other proprietary notices contained in the materials. This permission does not give you any ownership rights in the information and terminates automatically if you violate any of these Terms and Conditions. If you utilize this Website in any other way as provided herein, you may breach copyright and other laws of the Republic of Austria and/or copyright and other laws of other countries and may have to pay penalties.

    12. Trademarks

    The used and displayed trademarks, service marks, and logos (the "Trademarks") on this Website are registered and unregistered Trademarks of the Service Provider and others. Without the written permission of the Trademark owner, nothing on this Website should be understood as imparting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Website. The Service Provider offensively enforces their intellectual property rights to the fullest dimension of the law. Without prior, written permission the Trademark(s) may not be used in any way, including in advertising or publicity regarding to distribution of materials on this Website. The Service Provider forbid the use of any of the preceding names or marks as a metatag or as a "hot" link to any site unless the Service Provider agrees to establishment of such a link in advance in writing. Please contact the Service Provider if you have any questions relating to any Trademarks on this Website.

    13. Links

    This Website may comprise links to other Internet sites. The Service Provider is not liable for the disposability of such sites and does not support and is not responsible or liable for any content, products or other materials available on any such sites. Links to external web sites do not express an endorsement by the Service Provider of those sites or the sponsors of such sites or the content, advertising, products or other materials posted on these sites. The Service Provider reserves the right to delete any link or linking program at any time. The Service Provider does not draft, edit, or supervise these unofficial pages or links. You further approve and acknowledge that the Service Provider shall not be liable, directly or indirectly, for any damage or loss produced or alleged to be caused by using or in connection with the usage of or reliance on any information, services available on or through this Website. If you want to access any of the third party sites linked to this site, it is entirely at your own risk.

    14. Participation in Promotions of Advertisers

    As a Charter or as a Guest you may get into correspondence with or participate in promotions of advertisers promoting their products or services on this Website ("Advertisers"). You approve and acknowledge that any such contact or participation, including the notification of and the payment for wares and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are only between you and Advertiser. The Service Provider shall have no responsibility, obligation or liability arising out of or in connection with any such correspondence or participation or transactions.

    15. Prizes and rewards

    Visitors to the website and Guests agree that the Service Provider, in their sole discretion, may award rewards and prizes to them as they see fit and we will do not need to justify the methodology behind its decisions. The prizes and rewards supplied are not redeemable for cash and the Service Provider reserves the right to cancel, withdraw or alter any such rewards and prizes at its sole discretion without any justification required. 

    16. Monitoring

    You agree that the Service Provider or their designee’s have the right to, and may (from time to time) monitor any and all operations or information transmitted or obtained through this Website. The Service Provider in their solely discretion and without further announcement, may (but is not committed to) review, censor or prohibit any operation or the transmission or receipt of any information which appear inappropriate to the Service Provider (such as specified above) or that breaches these Terms and Conditions. In occasion of monitoring, information may be copied, proved, recorded, and used for authorized purposes. The authorised or unauthorised usage of this Web site constitutes consent to such monitoring. Unauthorised uses and unauthorised users of this Website will be prosecuted to the full dimension of the law.

    17. NO WARRANTIES

    THIS WEBSITE AND ALL INFORMATION COMPRISED ON THIS WEBSITE, AND EXCEPT TO THE EXTENT PARTICULARLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT AND THE SERVICES RECEIVED THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS FROM THE SERVICE PROVIDER AND THEIR INFORMATION PROVIDERS, THE SERVICE PROVIDER AND THEIR AFFILIATES AND CONTENT PROVIDERS MAKE NO INTERPRETATION OR GUARANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THESE TERMS AND CONDITIONS, THE SERVICES AVAILABLE ON THIS WEBSITE, THE PERFORMANCE UNDER THESE TERMS AND CONDITIONS, THE OPERATION OF THE SOFTWARE OBTAINABLE ON THIS WEBSITE, THE OPERATIONS ACCOMPLISHED ON THIS WEBSITE, OR THE CONTENT, INFORMATION AND MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST DIMENSION ACCEPTABLE BY APPLICABLE LAW, EACH OF THE SERVICE PROVIDERS AFFILIATES, EMPLOYEES, AGENTS AND CONTENT PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, TITLE AND/OR NON-INFRINGEMENT. NONE OF THE SERVICE PROVIDERS OR THEIR AFFILIATES OR CONTENT PROVIDERS MAKE ANY WARRANTY THAT, WITHOUT LIMITING THE PRECEDENT,

    1. THE SERVICES PROVIDED ON THIS WEBSITE WILL MATCH TO YOUR DEMANDS,

    2. THE SERVICES PROVIDED ON THIS WEBSITE WILL BE SUSTAINED, TIMEOUS, SECURE, OR ERROR-FREE,

    3. THE RESULTS THAT MAY BE RECEIVED FROM THE USAGE OF THE SERVICES WILL BE PRECISE OR DEPENDABLE,

    4. THE INFORMATION OR CONTENT OBTAINABLE ON THIS WEBSITE IS ENTIRE, ACCURATE OR AVAILABLE, OR

    5. THE QUALITY OF SERVICES, INFORMATION, OR OTHER MATERIAL ACQUIRED OR RECEIVED BY YOU AS A HOST OR AS A VISITOR THROUGH THE SERVICES WILL MATCH YOUR DEMANDS.

    NO INFORMATION OR ADVICE, WHETHER VERBAL OR WRITTEN, RECEIVED BY YOU FROM THE SERVICE PROVIDER OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT PARTICULARLY MADE HEREIN.

    18. LIMITED LIABILITIES

    THE SERVICE PROVIDER AND AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGE OF BUSINESS, DISRUPTION OF BUSINESS, DAMAGE OF USE, LOSS OF DATA, LOST PROFITS OR COMPANY VALUE, OR OTHER INDIRECT, SPECIAL, SUBSIDIARY, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHICH ORIGINATE OUT OF THIS AGREEMENT, EVEN IF THERE HAS BEEN A CONSULTING OF THE EVENTUALITY OF SUCH DAMAGE OR LOSS AND WHETHER OR NOT THEY HAD ANY ACTUAL OR CONSTRUCTIVE KNOWLEDGE THAT SUCH DAMAGES MIGHT BE SUFFERED, AND NONETHELESS ANY FAILURE OF SUBSTANTIVE PURPOSE OF ANY LIMITED RELIEF, EXCEPT STARK CARELESSNESS AND PHYSICAL INJURIES REGARDING TO CONSUMERS. THIS EXCLUSION INCLUDES ANY RESPONSIBILITY OR LIABILITY THAT MAY OCCUR OUT OF THIRD-PARTY CLAIMS AGAINST YOU AS A HOST OR AS AVISITOR.

    THE SERVICE PROVIDER AND OR THEIR DIRECTORS, AND/OR THEIR SERVANTS, AND/OR THEIR OFFICERS, AND/OR THEIR AGENTS AND/OR THEIR SHAREHOLDERS SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY IN CASE OF INJURY OR DEATH OR DAMAGES OR CANCELLATION OF BOOKINGS OR DELAYS CAUSED BY A HOST TO THE VISITORS OF THE WEBSITE BECAUSE OF THE HOSTS ACTS, OMISSIONS WHETHER NEGLIGENT OR OTHERWISE OR HOWEVER CAUSED.

    THE SERVICE PROVIDER, AND/OR THEIR OFFICERS, AND/OR THEIR DIRECTORS, AND/OR THEIR AGENTS, AND/OR THEIR SERVANTS, AND/OR THEIR SHAREHOLDERS SHALL NOT HAVE ANY LIABILITY OR LIABILITY IN CASE OF LOSS, DAMAGES, ECONOMIC LOSS HOWEVER CAUSED BY THE VISITORS OF THE WEBSITE TO THE HOST OR TO A LISTING.

    19. Refundable booking

    Zizoo offers a Refundable Booking option to provide flexibility in case circumstances change. You can receive a full refund for your booking if you are unable to attend up to 24 hours before embarkation due to reasons such as illness, injury, pregnancy complications, death of an immediate family member, flight disruptions, adverse weather, theft of documents, redundancy, jury service, court summons, armed forces and emergency services recall, work relocation, and changes to examination dates. We may consider other emergency circumstances as well.

    Please review the General Conditions of Refund and specific reasons section here for detailed information on what is eligible for a refund. However, refunds are not available if you made the booking by mistake if the provider cancels or cannot fulfil the booking, or if your travel plans are affected by COVID-19 restrictions.

    To request a refund, use the "Support" section on our website or email us within 60 days after the check-in date. We may ask for additional evidence, and the maximum refund amount is 10,000 USD or the equivalent in your local currency. We strive to process refunds quickly, but processing time may vary depending on your bank and seasonal factors.

    Please note that certain reasons are not eligible for refunds, such as natural disasters, acts of war, legal issues, appointments, bookings from restricted locations, and bookings exceeding 18 months from the originally booked date.

    These refund terms are discretionary and do not guarantee a refund. The Refundable Booking is an optional extension to our standard Terms & Conditions and is not an insurance policy. The refundable reservation premium can be added up to 7 days after booking acceptance and is non-refundable.

    20. Whatsapp

    If WhatsApp is used as a communication channel, personal data is processed by WhatsApp. WhatsApp is not a contractual partner of Zizoo. Therefore, data processing for the transmission procedure takes place exclusively in accordance with the WhatsApp data protection declaration, which can be viewed in the WhatsApp user account. 

    WhatsApp is obliged to comply with the data protection regulations. Due to the WhatsApp group structure, it may happen that personal data is transferred to a country outside the EU, Which may not have a comparable level of data protection to the EU states. in such cases, WhatsApp shall take reasonable measures to ensure data security. 

    It is also noted that WhatsApp messages are equipped with end-to-end encryption which, according to WhatsApp information, prevents the content of a message (e.g., a passport photo) from being viewed or evaluated to determine particular types of personal data. 

    As a guest, before using WhatsApp, you should read the data protection statement. If you do not agree with WhatsApp's data processing, you should not use it but rather call or email us. More information here.

    https://www.whatsapp.com/legal/updates/privacy-policy/?lang=en

    21. Sponsored Listings

    The Charter can purchase a Sponsored Listing slot to increase the visibility of their fleet by having their sponsored boat ranked higher on search pages. The following terms apply when purchasing a sponsored listing slot:

    1. Sponsored listings are subject to availability and are rotated with other sponsored listings.
    2. Sponsored listings will be displayed at the top of the search results page on a rotational basis with other sponsored listings, but not necessarily in any specific order.
    3. Sponsored listings will remain visible for a minimum of 30 days.
    4. The Charter may choose which boat to feature as a sponsored listing.
    5. Sponsored listings cannot be cancelled or refunded once payment is made.
    6. The Charter must provide accurate and up-to-date information for their boat listing.
    7. The Charter is responsible for ensuring that their boat listing complies with all applicable laws and regulations, including intellectual property laws.
    8. The Charter agrees to indemnify and hold Zizoo harmless from any claims, damages, or expenses arising from their sponsored listing.
    9. Zizoo reserves the right to remove any sponsored listing that violates these terms and conditions or any applicable laws or regulations.

    Sponsored listings do not guarantee any specific level of impressions, requests or bookings.

    22. Indemnity

    The Charter and/or the Guest shall defend, indemnify and hold harmless the Service Provider and their content providers and their respective shareholders, employees, agents, affiliates, successors, officers, and assigns, from any claims, suits, losses, demands, liabilities, costs and expenses (including accounting and attorney fees) that they may suffer or incur occurring from

    1. the usage (either as a Charter or Guest) of the software obtainable at or downloaded from this Website,

    2. the failure (either as a Charter or Guest) to follow with any applicable laws and regulations or to receive any licenses or approvals from the responsible government agencies essential to provide or to be provided with any services,

    3. the usage (either as a Charter or Guest) of the content obtainable on this Website in any way against these Terms and Conditions

    4. the breach (either as a Charter or Guest) of any warranties, representations or obligations described in these Terms and Conditions,

    5. the sale, disposition, purchase, transportation, delivery, utilization or of any of the Service Provider’s services, or download related with this Website or obtainable through other sites, or any loss incur by or harm to any person or property in any way associating to or caused in whole or in part by your usage of this Website or any service, or download related with this Website (this includes, without limitation, any personal injuries or death of any third person caused in whole or in part by these services, the usage, storage, transportation, delivery, handling or release thereof),

    6. any charges allocable to the relating to any service, or download associated with this Website, and

    7. the breach or violation of the copyright law, especially in the usage of pictures, photos, drawings, logos, graphics, icons, texts or images uploaded on the Website.

    The contractor (customer) acknowledges and agrees that in the case of default, the creditor accruing dunning and collection costs, if they are necessary for appropriate legal action to replace, in which he obliged the special, max to replace the remuneration of the switched-collection agency.

    23. Beneficiaries of this agreement; No other agreements

    The rights and limitations described in these Terms and Conditions are in support of the Service Provider. The Service Provider shall have the right to establish his rights hereunder directly and on his own behalf.

    24. Termination

    As a Charter or as a Guest you acknowledge and agree that the Service Provider may refuse your access to the Website at his sole discretion and deselect any login name and password related with you as a Charter or as a Guest for any reason, including and without limitation, that the Service Provider believes that you have harmed or acted contradictory to these Terms and Conditions. The Service Provider reserves the right to amend or discontinue, temporarily or permanently, the services provided on this Website (or any part of it) with or without an announcement, at any time and occasionally. You acknowledge and agree that the Service Provider shall neither be responsible nor liable for any amendment, suspension or discontinuance of the services provided on this Website.

    25. FORCE MAJEURE

    The Service Provider will not be responsible or liable for any changes caused by natural disasters, threats of war, weather conditions, industrial or labour disputes or any equal event(s) beyond our control.

    26. APPLICABLE LAW AND JURISDICTION

    This agreement shall be construed and interpreted and governed in compliance with the laws in the Republic of Austria and both parties submit to the jurisdiction of the courts of the Republic of Austria. The sole exception to the place of jurisdiction is consumers.

    BY ACCESSING ON OR USING ANY SERVICE PROVIDED ON THIS WEBSITE YOU CONFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET HEREIN ABOVE IN THIS AGREEMENT, PLEASE EXIT THIS SITE.

     

    This document was last updated on April 01, 2023