1. Scope of general terms

These General Terms of Use, as may be amended from time to time, apply to all services, software and similar services which Marinebook d.o.o., Croatia, makes available to the User, directly or indirectly (through distributors and/or other third persons) online, through any mobile device, by email or by telephone. These General Terms of Use apply to any other persons using the MARINEBOOK Platform, unless their relationship with us is regulated by a separate agreement. By accessing, browsing and using our website and/or any of our applications through whatever platform (hereafter collectively and individually referred to as the: MARINEBOOK Platform ) and/or by inserting data into the MARINEBOOK Platform and/or by entering into agreement with a marina which uses MARINEBOOK Platform (i.e. natural or legal person conducting marina business: in the text of the General Terms of Use these are called individually an collectively: Marina ) when communicating a reservation through the use of the MARINEBOOK Platform, you acknowledge and agree that you have read, understood and agree with these General Terms of Use (including the Statement of Privacy)

The MARINEBOOK Platform, its content and infrastructure of its pages and/or possibilities of communication with the Marinas through the MARINEBOOK Platform, are owned, operated and provided by Marinebook d.o.o., Croatia (in the text of these General terms: „Marinebook d.o.o.“, „us“, „we“, „our“ and other possessive pronoun forms) and are provided for your personal, non-commercial use only, subject to the terms and conditions provided herein. Each person using use the MARINEBOOK Platform free of charge in the text of General Terms of Use shall be called the User. If the Marina is using an application intended for the Users, in the use of that part of the application it shall have the status of a User.

2. MARINEBOOK Platform

With the MARINEBOOK Platform, we (Marinebook d.o.o., Croatia) offer to the User directly or through any of authorised partners the use of the MARINEBOOK Platform, i.e. the application via mobile and/or web application free of charge.

The purpose of the MARINEBOOK Platform is to offer communication tools for quick online review and booking of berths in the Marinas and insight into the events taking place nearby Marinas, according to available information.

On the other hand, after the User sends via MARINEBOOK Platform its request for a berth to the Marina, the Marina can communicate the confirmation of the booking, so the User and the Marina enter into contractual relationship thereby.

Thus, MARINEBOOK Platform is a tool of communication and neither we nor the MARINEBOOK Platform are mediators in negotiating any contracts between a User and a Marinas, nor do we sell any tourist services.

Any contract made between a User and a Marina is expressly subject to the conditions which the Marina communicated to the User through the MARINEBOOK Platform, unless they expressly contract otherwise.

Marinebook d.o.o. is not the middle-man for the contracts between the User and a Marina, does not guarantee the execution of such a contract, does not undertake the liability for such obligations of any of such contracting parties, including but not limited to the payment or any other action on the part of contracting parties, Marinebook d.o.o. does not act as their agent, representative, mandator, mandatee or in any other capacity save the one which is expressly stated in these General Terms of Use.

Via MARINEBOOK Platform Marinebook d.o.o. does not offer tourist agency, tour guide, tour escort, tourist animator, tourist representative services, any tourist services in the nautical tourism, tourist services in agritourism or small family farms services or in any other tourist activity form i.e. other services which are offered to the tourist in connection with their travels and stay.

Thus, these General Terms of Use regulate our relationship with the User in connection with the use of the MARINEBOOK Platform in the way as is stated herein. Should you have and open questions in regard to our role or out responsibility please do not use the MARINEBOOK Platform until you have communicated and clarified these with us.

The information disclosed to the User on the MARINEBOOK Platform are based on the information provided to us by Marinas i.e. other Users.

As such, the User or the Marina have full responsibility for the data entered into the MARINEBOOK Platform, for demand and/or availability of capacities and other information that are displayed on the MARINEBOOK Platform.

Neither MARINEBOOK Platform nor Marinebook d.o.o. undertake responsibility for or guarantee for the content of the information which the Marina and/or the User modify between themselves through the MARINEBOOK Platform. Neither MARINEBOOK Platform nor Marinebook d.o.o. guarantee that information is accurate, complete, correct, authentic, or for any other quality of the information exchanged between the Marina and the User via the MARINEBOOK Platform.

Marinebook d.o.o. does not take any responsibility for any errors (including obvious and spelling errors), interruptions of connections (regardless of whether it is due to (temporary and/or partial) breakdown, repair, upgrade or maintenance of the MARINEBOOK Platform, or something else), inaccurate, untrue, or misleading information, or the lack of information

Each User i.e. each Marina remains responsible at all times for the accuracy, completeness and correctness of the its information displayed on the MARINEBOOK Platform. MARINEBOOK Platform does not represent and should not be understood as recommendation or endorsement of the quality, service level, or classification (rating) of any Marina or User.

MARINEBOOK Platform is made available for personal and non-commercial use only. You are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website or within the MARINEBOOK Platform for any commercial or competitive activity or purpose.

The services of the MARINEBOOK Platform are intended only for people aged to 18 years or older. Any access or use of the MARINEBOOK Platform by anyone under 18 is explicitly prohibited. By accessing or using the MARINEBOOK Platform, you confirm and declare that you are at least 18 years.

3. Reservation, payment and realisation of berth in Marina

By entering data into the MARINEBOOK Platform the User can make inquiries with the Marina about the berth availability in the Marina. By answering the User's questions the Marina can confirm the berth availability and make berth reservation for the User.

The online payment by credit card is available at Marinebook Platform.

Each reservation, payment and berth realisation, including berth cancellation or any other changes in the reservation, shall be done according the terms and conditions of operations of the Marina i.e. any other facility and according to the data exchanged between the Marina and the User; we bear no responsibility for therefor.

The Marina can via MARINEBOOK Platform display payment service through which the User can make cash commitment towards the Marina. Communication, payment and any relationship between the User, payment service agency and the Marina are not the responsibility of the MARINEBOOK Platform.

If you wish to review, adjust or cancel your reservation made with the Marina and communicated via MARINEBOOK Platform, follow the instructions given in the email with the reservation confirmation. Please note that you may be charged for your cancellation in accordance with the Marina's cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that prior to making your reservation you read carefully the Marina's cancellation, (pre)payment and no-show policy carefully. Also, remember to make further payments as may be required by the Marina and the reservation type.

Any currency converter on the MARINEBOOK Platform is for information purposes only and should not be relied upon as accurate and real time. Actual rates offered by the Marina may vary and we undertake no responsibility of the Marina's rates.

4. Declaration on security

T-Com PayWay uses the highest standards of data protection - Secure Socket Layer (SSL) protocol with 128-bit encryption algorithm iMD5. ISO 8583 protocol ensures that the data exchange between T-Comsystem and the admissions offices of credit card companies is done in a private network that is protected against unauthorized access by double-layer "firewall" (firewall).

5. Privacy and cookies

We respect your privacy. By accepting these General Terms of Use you confirm to have read our Statement on Privacy and Cookies.

6. User’s profile

You can use MARINEBOOK Platform through your User profile.

User profile constitutes entry of your personal data for which you guarantee that they are correct, that you will update them on a regular basis and that they do not violate any third party rights. You are personally responsible therefor.

We reserve the right to cancel (delete) a User profile at our discretion decision.

We especially reserve the right to cancel (delete) a User profile if it comes to our attention that the User profile violates third party rights, these General Terms of Use or any rules and regulations. We do not have to give information to the User about the reasons of the cancellation of the profile or any explanations to this effect.

7. Free of charge

MARINEBOOK Platform is a free for users. If we develop any kind of individual services that we would like to charge you, we will certainly communicate that before the final selection of such services.

8. Further correspondence

By completing a booking, you agree to receive (i) an email which Marina may send you via MARINEBOOK Platform or other communication channel, giving you information on your destination and providing you with certain information and offers (including third party offers relevant to your reservation and destination), and (ii) a message which we may send to you via MARINEBOOK Platform or via other channel of communication after your stay at Marina, inviting you to complete our guest review form. Our Statement on Privacy and Cookies provides for more information about how we may contact you.

9. Users' Reviews

After the us of the services of the Marina in which you have reserved the berth via the communication through the MARINEBOOK Platform, we may ask you for your opinion about the Marina i.e. the location.

The default setting of the ranking of the Marina on our website is 'Recommended' (or any similar wording) (the "Default Ranking"). For your convenience we also offer other ways to rank Marina. Please note that the Default Ranking is created through a fully automatic ranking system (algorithm) and based on multiple criteria.

The completed guest review may be (a) uploaded onto our website with information about the Marina in hand for the sole purpose of informing (future) customers of your opinion of the service evel and quality of the Marina, and (b) (wholly or partly) used and placed by us and at our sole discretion (e.g. for marketing, promotion or improvement of our service) on our website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by us and/or our business partners. We reserve the right to adjust, refuse or remove reviews at our sole discretion. We reserve the right to refuse or delete User’s review in our possession. The User review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.

10. Disclaimer

Unless mandatory applicable provisions of the laws of the Republic of Croatia state otherwise for a specific case, we are not liable for any loss or liability you suffer in connection with the free of charge use of the MARINEBOOK Platform.

Especially, we do not take any responsibility, we do not guarantee and we do not share responsibility for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Marinas or any other objects displayed on our website, (iii) the services rendered or the products offered by the Marina or any other service provider or other business partners, (iv) any (direct, indirect, consequential or punitive, etc.) damage, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of MARINEBOOK Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damage, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Marina or to any service provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated persons) whose products or service are (directly or indirectly) made available, offered or promoted on or through the MARINEBOOK Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

By accepting these General Terms of Use the User fully and without exceptions warrants to MARINEBOOK Platform i.e. to us, that the User has no expectations, no monetary or non-monetary claims or any other claims which might arise in connection with the reservation, payment and/or realisation or cancellation of the berth in the Marina.

We a liable only for the charged services and only to the extent expressly stated. In this case and notwithstanding other provisions in the General Terms of Use and/or of non-mandatory rules and regulations, we are not under any circumstances liable for the loss of possibility of use, benefit, other types of profit, reputation, non-material loss or damage, production, contract, income, users, data, any other financial or economic use, and we exclude our liability for any consequential or any other damage, as may be suffered by the User in connection with our chargeable service. Our total liability for loss or damage is limited to the amount of price paid for our concrete chargeable service.

By uploading photos/images onto MARINEBOOK Platform (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that we may use the uploaded photos/images on its (mobile) website and apps, and in (online/offline) promotional materials and publications and as we at our discretion sees fit. You are granting us a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images at our discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, Marinas and other third persons) due to our publishing and using these photos/images. We do not own or endorse the photos/images that are uploaded. In our relationship with the User, we take that the truthfulness, validity and right to use of all photos/images in the way described hereinabove, is assumed by the User from whose account the photo/image has been uploaded. We disclaim all responsibility and liability for the pictures posted. The User from whom account the image/photo has been uploaded warrants that the photos/images shall not contain any viruses, Trojan horses software or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by us at any time and without prior notice, as well as we reserve the right to charge the User for any damage we suffer thereof.

Marinebook d.o.o. is not responsible for any content, pages, software, services or any third party rights, for any links contained on the pages or in third party software, or any third party pages or software updating. Marinebook d.o.o. links to or makes available access to pages and third parties rights only as a convenience, clicking on a link or accessibility does not mean that Marinebook d.o.o. gives or makes any guarantee for the pages, software or third party rights.

11. Intellectual property rights

Unless stated otherwise, MARINEBOOK Platform and/or any other software required for our services or available at or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by Marinebook d.o.o., its suppliers or providers.

We retain exclusive ownership of all intellectual property rights of (the look and feel, including infrastructure of) the MARINEBOOK Platform, our website on which the service is made available (including the User reviews and translated content) and you are not entitled to copy, scrape, hyperlink/deeplink to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the User reviews) or our brand without our express written permission.

To the extent that you would (wholly or partly) use or combine our (translated) content (including User reviews) or would otherwise own any intellectual property rights in the website or any (translated) content or User reviews, you hereby assign, transfer and set over all such intellectual property rights to Marinebook d.o.o..

Any unlawful use or any of the aforementioned actions or behaviour will constitute an infringement of our intellectual property rights (including copyright and database right).

The User consents that (s)he shall not, and shall not permit, allow and/or make possible to any third party or its representative to change the MARINEBOOK Platform, our web page or any of its parts, to do analysis by way of reverse engineering, to compile or decompose (decompile) or for any reason to create therefrom products or to disable them or in any manner to influence its function/operation.

12. Characteristics of the MARINEBOOK Platform

The characteristics of the MARINEBOOK Platform and its operational characteristics and functionality are established by Marinebook d.o.o. We reserve the right to modify the characteristics unilaterally, of which you may be advised.

13. Miscellaneous

These General Terms of Use, as well as any other relationship between the User and Marinebook d.o.o., i.e. any other person using MARINEBOOK Platform, is subject only and exclusively to the laws of the Republic of Croatia. In case of any dispute the exclusive jurisdiction lies with courts of the Republic of Croatia.

The original version of these General Terms of Use is in Croatian and is translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the content or interpretation of these General Terms of Use or inconsistency or discrepancy between the Croatian version and any other language version of these General Terms of Use, the Croatian language version shall apply, prevail and be conclusive.

If any provision of these General Terms of Use is or becomes invalid, unenforceable or non-binding, all other provisions shall remain in force. In such an event, you agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these General Terms of Use.

Marinebook d.o.o. has its headquarters in Zagreb, Croatia, is registered with the Commercial Court in Zagreb under registration number 080967168, our personal identification number (OIB) is: 21292739959.

Our work offered to you may include support of our branches, affiliated persons or our other partners, be it in Croatia or throughout the world. Such support is only support in the activities of and for the benefit of Marinebook d.o.o. The supporting persons are not authorised to represent us towards you. We do not accept the seat of our partners or branches as our seat. Our exclusive seat that we acknowledge and accept is the one in Zagreb, Croatia.

These General Terms of Use are subject to modifications. You shall be informed of any modifications via data in your User profile. After the advice about the modification of these General Terms of Use you may delete your User profile if you do not agree with the modifications. Any further use of MARINEBOOK Platform is confirmation of the acceptance of the General Terms of Use.