Terms and Conditions
General Terms and Conditions (GTC)
1. Scope and provider
These General Terms and Conditions (hereinafter referred to as ‘GTC’) apply to all contracts for brokerage services in connection with the rental of boats concluded via the online platform yachtcheck.online.
The provider of the platform is:
Max & Noe Yachting GmbH
Reußensteinstr. 9/1
70736 Fellbach
Germany
Max & Noe Yachting GmbH exclusively brokers rental agreements between consumers and boat providers via the yachtcheck.online platform. Max & Noe Yachting GmbH itself is not a party to the rental agreement for the boat.
2. Consumer status and conditions of use
The platform's services are aimed exclusively at consumers within the meaning of Section 13 of the German Civil Code (BGB).
Use of the platform is only permitted to persons who:
• are at least 18 years of age and
• have full legal capacity.
Max & Noe Yachting GmbH reserves the right to deny or block users access to the platform if they violate these terms and conditions or misuse the platform.
3. Agency services provided by Max & Noe Yachting GmbH
Max & Noe Yachting GmbH provides an online platform at yachtcheck.online through which boat providers can offer their boats for hire.
Upon completion of a booking, a direct hire agreement is concluded exclusively between the consumer and the respective boat provider.
Max & Noe Yachting GmbH is not responsible for the execution of the boat rental nor is it liable for its proper fulfilment. Its activities are limited to technical and organisational mediation.
The presentation of offers on the platform does not constitute a legally binding offer by Max & Noe Yachting GmbH, but rather an invitation to the consumer to submit an offer.
4. Conclusion of contract
By completing the booking process, the consumer submits a binding offer to conclude a rental agreement with the respective boat provider.
The rental agreement is only concluded upon confirmation of the booking by the boat provider, which is usually sent to the consumer by email.
5. Prices and costs
All prices quoted are final prices and include statutory value added tax and all other price components, unless expressly stated otherwise.
Max & Noe Yachting GmbH does not charge consumers any agency fees. Max & Noe Yachting GmbH receives remuneration exclusively from the respective boat provider.
6. Terms of payment
Payment is processed by an external payment service provider.
Depending on the offer, the rental price must be paid in full or in part in advance. The consumer is obliged to provide complete and correct payment details.
If a due amount cannot be collected, the boat provider is entitled to withdraw from the rental agreement.
7. Right of withdrawal
No right of withdrawal for boat rental agreements
There is no statutory right of withdrawal in accordance with Section 312g (2) No. 9 of the German Civil Code (BGB), as these are contracts for the provision of services in connection with leisure activities for which a specific date or period is envisaged.
The consumer is expressly informed of this before completing the booking and confirms upon completion of the booking that they are aware that there is no right of withdrawal.
8. Cancellation and withdrawal
By making a reservation via our platform, you agree to the applicable cancellation policy of the respective boat provider as well as all other terms and conditions of the boat provider that may apply to your rental. This includes, in particular, additional services and/or products offered by the boat provider. The applicable terms and conditions can be requested directly from the respective boat provider.
The applicable cancellation policy can be viewed on our platform on the respective rental page, during the booking process and in the confirmation email. Please note that certain rentals may be excluded from cancellation or change. We therefore recommend that you carefully review the respective rental details and conditions before completing your booking. In particular, please read the cancellation and payment terms and conditions carefully and ensure that any payments due are made on time.
Please also note that a rental may be cancelled without prior notice if the relevant (remaining) rental amount cannot be collected on the scheduled payment date in accordance with the applicable payment terms and conditions. You are solely responsible for late payments, incorrect bank, debit or credit card details, invalid cards or insufficient funds in your account. In such cases, you are not entitled to a refund of any advance payments already made, unless the boat provider expressly agrees to a different arrangement.
If you wish to view, change or cancel your rental, please refer to the information in your confirmation email and follow the instructions described therein.
To submit a complaint, please contact Max & Noe Yachting GmbH at info@yachtcheck.online.
9. Obligations of the consumer
The consumer is obliged to:
• carefully check the booking details before completing the booking,
• comply with the contractually agreed payment and participation conditions,
• inform themselves independently about legal or official regulations (e.g. driving licence requirements, safety regulations).
10. Reviews
Consumers have the option of voluntarily submitting reviews after completing the boat rental.
Max & Noe Yachting GmbH reserves the right to check reviews for legal violations, abusive criticism or false factual claims and to remove them in whole or in part if necessary.
No checks are made as to whether the reviews originate from consumers who have actually used the service offered.
11. Disclaimer
Subject to the limitations set out in these Terms and Conditions and to the extent permitted by law, we shall only be liable for direct damages that have actually been incurred, paid or are attributable to a breach of our contractual obligations in connection with our services. Liability is limited to the total price of your booking as stated in the confirmation email, regardless of whether it relates to a single event or several related events.
To the extent permitted by law, neither we nor our directors, employees, agents, subsidiaries, affiliates or other persons involved in the operation, administration or content of the platform shall be liable for:
(i) direct or indirect damages, as well as consequential or punitive damages, including loss of production, loss of profits, loss of revenue or contracts, and loss or impairment of goodwill or reputation;
(ii) inaccuracies or incompleteness in the (descriptive) information provided on the platform regarding offers, in particular with regard to price, availability or equipment;
(iii) services or products provided or offered by boat providers or other business partners;
(iv) damages, losses or costs of any kind arising from the use, unavailability, inability to use or delays of the platform;
(v) personal injury or property damage, injuries, death or other direct or indirect damage, loss or costs, regardless of whether these are attributable to acts or omissions, errors, breaches of duty, (gross) negligence, intent, misrepresentations, tortious acts or strict liability of service providers or other business partners (including their employees, organs or affiliated companies). This also applies to their products and services offered or advertised directly or indirectly via the platform, including cancellations, overbookings, strikes, force majeure or other events beyond our control.
12. Data protection
Personal data is processed in accordance with the General Data Protection Regulation (GDPR). Further information can be found in the privacy policy on the platform.
13. Copyright
All content on the platform, in particular texts, images, logos and software, is protected by copyright.
Any use beyond private use is not permitted without the prior written consent of Max & Noe Yachting GmbH.
14. Applicable law and place of jurisdiction
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Mandatory consumer protection regulations of the country in which the consumer has their habitual residence remain unaffected.
The statutory provisions on jurisdiction apply to consumers.
15. Severability clause
Should any provision of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by the statutory provisions.