Contract for the hire of charter boats
Operator of the portal: 5th FLOOR GmbH, Werksstraße 15, 45527 Hattingen, Germany (hereinafter, IFY)
1 The parties agree on the following conditions
The provider is the owner or the person legally in charge of the management of the boats that it displays on the IFY website:
The provider is interested in IFY successfully leases its boats to third parties (hereinafter,”Tenants“) and issues IFY full permission to process the payment on the terms and conditions set out in this Agreement. IFY is in no way responsible for the rental agreements, as the responsibility for the rental agreement lies solely with the provider, who concludes the rental agreement with the Tenant signed. The contract between IFY and the provider sets out the conditions relating to all boats. All boats registered by the provider are therefore covered by the guidelines of this contract.
The provider guarantees the correctness of his information and compliance with the laws relating to the service he offers, in particular with regard to the rental of boats and compliance with the generally applicable data protection guidelines.
IFY has the necessary means to provide the services specified in this contract and acts in accordance with the general laws relating to its business activity.
Both parties agree that IFY will manage the distribution of its rental properties on behalf of the provider and make these available to tenants in payment in accordance with the following guidelines:
IFY provides the advertisements of the aforementioned boats for rent to third parties (tenants) through its website ibiza-formentera-yachtcharter.com and additionally offers them to tenants in marketing campaigns through other means (letter, email, social media, telephone). The provider releases IFY from using photos or videos of its rental properties both on the aforementioned website (ibiza-formentera-yachtcharter.com) and on third-party platforms (e.g. Facebook, Twitter, Instagram), as well as in emails or marketing communications. The provider assures that all information provided by him (photos, videos, description) as well as all information regarding extra costs (e.g. final cleaning, taxes, catering, harbour berth rental, etc.) are accurate and truthful, and that no rights of third parties regarding their copyright are violated.
Furthermore, the Provider expressly instructs IFY to commercialise its rental properties, to process the rental via IFY’s booking system and the payment of the rental price with the Tenant. The contract for the rental of the boat is concluded exclusively between the provider and the tenant and is drawn up by the provider. The provider assumes full responsibility for the rental agreement before the tenant and is responsible for its correct execution. After signing the rental agreement, the tenant must direct all discrepancies and conflicts exclusively to the provider and release IFY from any subsequent responsibility, including complaints regarding payments already made through IFY. Any complaints by the tenant, including any cancellations, must therefore be attended to and, if necessary, solely the responsibility and resolution of the provider, who expressly accepts this.
IFY notifies the provider by e-mail as soon as a reservation has been received from a tenant and includes the necessary data (rental period, price) in this e-mail. The provider reserves the right to either confirm or reject the booking via the Internet. Once the booking has been confirmed by the provider, IFY will provide the provider with the necessary data to prepare the rental contract. The provider is obliged to comply with the legal rules of data protection. Furthermore, the Provider shall commission IFY with the payment processing of the service to be provided and the accruing agreed commission, which is explained below.
The Provider shall send the Tenant the Tenancy Agreement for the purpose of signing it as soon as possible, but at least within 7 working days. Upon receipt of the signed contract, IFY will send the invoice for the total price of the booking to the tenant. In both cases, IFY will be informed of this communication.
Once the steps explained above have taken place, IFY will transfer the share of the total amount paid by the tenant to the provider as agreed with the provider. In case of a share payment by the tenant, the payment of the agreed commission in your total amount is due to IFY first, the remaining amount will be transferred to the provider afterwards. The above-mentioned transfer to the provider will be made as soon as possible, but at least within 7 working days. This time period applies to the transfer order, the individual times of different international banks until the transfer is received cannot be influenced.
The tenant pays the rental price set by the provider for the duration of the rental, including the commission set by IFY, and taxes to IFY; extra services such as final cleaning, fuel, helmsman or similar are not included in the rental price and must be paid by the tenant at check-in. The provider receives the booking price paid by the tenant minus the agreed commission of 10% (incl. VAT) and minus the costs for bank charges (1.4-2.9% for credit card payments and 2% for payments via Paypal). Individual agreements on the amount of the commission are possible in individual cases.
The amount will be transferred by IFY to the provider’s bank account.
In the event of a booking being cancelled, a commission equal to the percentage of the total amount of the commission set out in the general terms and conditions will be payable.
This contract is valid for an indefinite period. In the event of termination, existing bookings must be honoured under these terms and conditions after the expiry of the contract.
Either party may voluntarily terminate the contract early and without cause at 3 months’ (90 days’) notice. In this case, the written notice of termination must be sent to the following address: 5th FLOOR GmbH, Werksstraße 15, 45527 Hattingen, Deutschland. In the event of termination, existing bookings must be honoured under these terms and conditions after the expiry of the contract.
The payment of the taxes incurred for the service rendered of renting out boats is the sole responsibility of the provider, who is bound by the generally applicable legal provisions. The provider must comply with the laws relating to the rental contract issued by him and the nautical regulations for boat rental.
All costs such as berth rental, harbour costs, maintenance costs, repairs, insurances and other necessary or induced extra costs are the responsibility of the provider regardless of what the provider has agreed with the tenant.
3 Cancellation conditions:
The provider may set its own cancellation conditions. These must be named in the rental agreement and published on the page of the respective rental property. If no own cancellation information is provided, the following regulations apply:
- If the cancellation is made more than 60 days before the start of the rental period, 50% of the total rental price will be charged.
- If the cancellation is made between 30 and 60 days before the start of the rental period, 75% of the total rental price will be charged.
- If the cancellation is made less than 30 days before the start of the rental period, 100% of the total cost will be charged.
In the event of cancellation, the rental price minus the commission will be refunded. This will be refunded to the tenant by IFY, in the form of a one-year credit.
Suppliers can offer free cancellation. In this case, 100% of the booking costs will be refunded, except for the commission. This will be refunded by IFY, in the form of a one-year credit.
Cancellation due to weather
The provider can offer the tenant a postponement. If no alternative date can be found, the provider may offer a refund or a voucher. In the event of a refund, the provider will refund the rental price less the commission. This will be refunded by IFY, in the form of a one-year credit. If the boat hire lasts more than one day, cancellation or rebooking due to weather conditions does not apply.
4 Final clause
Any communication concerning these terms and conditions must be sent in writing to the following address: 5th FLOOR GmbH, Werksstraße 15, 455274 Hattingen, Germany.
These terms and conditions have been drawn up in accordance with German law. If any part is declared invalid for any reason, the remainder of the Terms and Conditions will continue to apply.
Any disagreement in relation to this contract or any difference in interpretation of the individual clauses which may arise between the parties shall be referred to the Essen Court by agreement of both parties.