GENERAL TERMS OF USE OF THE DIGITAL PLATFORM BOOK A BOAT D.O.O.
I) GENERAL INFORMATION
The digital platform "BookABoat" ("DP") is managed by the company BOOK A BOAT DOO, registered in the Central Register of Business Entities of Montenegro ("CRPS"), through decision of the CRPS 5 - 1242138/001, dated 11/07/2024, with registered office at 15 Maršala Tita Str., Bar, Montenegro, registration number 51242138, TIN/registration number 03674576 ("Company" or "Service Provider").
The primary task of the Company is to develop smart solutions for the tourism industry that encourage the digitalization of destinations, tourist transport, as well as meeting the needs of modern visitors. One of the steps that brings us closer to achieving the goal is the creation of a DP, which can be accessed within the link: https://book-a-boat.com/.
If you have any questions or concerns about the Terms of Use, please contact us at the following e-mail address: bookaboatoffice@gmail.com.
II) INTRODUCTORY PROVISIONS
These General Terms and Conditions of Use (the "Terms") prescribe the terms and conditions for end users ("User" or"Users"). By using the DP, the Users acknowledge that they agree to these Terms and agree to use the DP in accordance with them.
The right to use the DP is a personal right of the User and cannot be transferred in any way to other natural or legal persons, nor is any User authorized to register other natural or legal persons.
Prices are expressed in Euros (EUR) and may include VAT (in accordance with applicable regulations) and are valid for all payment methods at the time of purchase.
Legal disputes that may arise as a result of the use of the DP (unless otherwise stated in a special contract) are within the jurisdiction of the court in Bar (unless the relevant regulations in force determine exclusive or special territorial jurisdiction), and are resolved in accordance with the positive regulations of the Republic of Montenegro. By using the DP, the User agrees that any dispute or claim arising out of or in connection with these Terms and Conditions is subject to the jurisdiction of the court in Bar.
The User agrees and accepts that access to DP may sometimes be interrupted, temporarily unavailable or disabled due to routine maintenance of the DP, but also for other reasons for which the Service Provider is not responsible. The User may send their questions, comments, complaints and complaints in writing (by mail to the address of the headquarters or by e-mail indicated in the General Information section), and the Service Provider will send a written response (by mail or e-mail) within the legal deadline.
III) ACCEPTANCE OF THE TERMS AND CONDITIONS
By using the DP or using any part of the content of the DP or the services, the User confirms that is familiar with them and agrees with these Terms, as well as all other terms and conditions of use of the DP and the services provided through them. If the User does not agree with these Terms, he/she will be instructed not to continue using the DP and the services provided through the DP.
IV) CHANGES TO THE TERMS
The Service Provider reserves the right at any time, and without prior notice, if it deems necessary, to terminate or amend any of the Terms set forth herein and that such changes will take effect on the 8th day after their publication on the Service Provider's website. Therefore, the User is advised to re-read the information contained in the Terms from time to time, in order to be informed of such changes.
By continuing to use the DP or continuing to use any part of its content or services and after the publication of the new amended Terms, it is understood that the User accepts the changes.
The Service Provider reserves the right to change, supplement or terminate any segment of the business at any time and without prior notice, including the Service Provider, or any part of it, services, pages or services provided through them. The right in question includes, but does not limit, the change in the time of availability, content, availability of new data, means of transmission, as well as the right to access or use the DP.
The Service Provider has the right to control the content of the DP at any time in order to ensure compliance with these Terms and Conditions and positive legal regulations.
V) RESPONSIBILITY
The User uses the DP solely at its own risk. The User is personally responsible for protecting the confidentiality of passwords, where they exist as such. The User is aware of the fact that sometimes there are interruptions of services, or events that are beyond the control of the Service Provider and accepts that the Provider is not responsible for any loss of data that may occur during the transmission of information on the Internet. In no case shall the Service Provider be liable for any damage that may arise as a result of the use of, or due to, the inability to use the DP, as well as for any damage to the User's equipment that may occur as a result of the use of the DP.
The User is responsible for the acquisition and maintenance of its computer, mobile or any other equipment, including all software and hardware in his/her possession and use, as well as other equipment necessary to access and use the DP and the associated costs. The User's liability applies to all damages, or possible damages caused by any error, exception, interruption, deletion, malfunction, delay in operation or transmission, computer virus, interruption in the communication line, theft, destruction or unauthorized access, alteration or misuse of records, improper behavior, negligence, or any other action.
In addition to the above conditions, the Service Provider shall not be liable, regardless of cause or duration, for any errors, inaccuracies, or other defects, inappropriateness of the information contained in the DP, as well as for any delay or interruption in the transmission of information to the User, for any claims or losses arising therefrom. None of the above parties will be liable for any claims or losses of any third party, including lost profits. The User agrees to indemnify, and shall not hold the Service Provider liable, from all claims for damages and costs, including legal costs, that may arise from the use of the DP by the User.
Users may not post or transmit any material that threatens, or in any way violates the rights of others, any material that is by its nature illegal, threatening, offensive, defamatory, invasive or invasive of privacy, vulgar or otherwise objectionable in measured communication, that encourages illegal activities, or otherwise violates any regulation that, without the express, prior, written permission of the Service Provider, contains advertising or offering of anyone's products and services. The User must not use the DP to advertise or carry out any commercial, religious, political, or non-commercial promotion. The user expressly acknowledges that the terms of this chapter apply to the entire content of the DP.
VI) COPYRIGHT
All communication and interaction with each other that takes place through this website and the DP must be in accordance with these Terms. All materials contained on the pages of the DP are the exclusive right of the Service Provider, or are used with the permission of the copyright holder and the holder of the rights to trademarks and/or designs.
Any copying, distribution, transmission, publishing, linking or otherwise modifying the content on this site without the express permission of the Service Provider is strictly prohibited.
Violation of these Terms may result in litigation and/or prosecution for infringement of copyright, trademark, or other intellectual property rights.
VII) USER REGISTRATION - USER ACCOUNT
In order to use certain content and services on the DP, the User needs to log in to the system using an e-mail address, password or other data that will be provided in the User registration process. In the process of registering the User and opening a User account, the Service Provider will collect certain personal data from the User, which is subject to the protection of the User's personal data.
The User is obliged to provide accurate, complete and valid information in the registration process and when filling out a personal profile. In the registration process, it is not allowed to use names, nicknames and names owned by third parties, and data that are illegal, harmful, threatening, that abuse, harass, defame or are in any way harmful to children and minors. It is not allowed to register two or more user accounts for the benefit of one legal entity or one natural person. In case of violation of these rules, the Service Provider has the right to deactivate or delete the User Account and restrict the purchase of tickets through the DP.
By activating the User account, the user accepts responsibility for all activities undertaken through its use within the framework of the DP. The Service Provider reserves the right to refuse registration, as well as to cancel or deny the possibility of further use of the User Account for which the User is registered, if the User violates the rules of the Service Provider, the User Account will be terminated, i.e. the User will be denied further use of the DP.
VIII) PROTECTION OF PERSONAL DATA AND PROTECTION OF USER PRIVACY
In the process of registration of the User, i.e. the formation of the User Account, as well as during the use of the DP and the implementation of services, the Company implements the processing of personal data. In this regard, the Company is strongly committed to the protection of human rights, including the protection of personal data and the protection of the User's privacy.
Detailed information on how the Company processes personal data and implements the protection of privacy, as well as information regarding the purpose, legal basis for the processing of personal data, sharing, storage and protection of personal data, the User can get acquainted with the Privacy Policy available under the following link XXXX.
IX) PROTECTION OF CONFIDENTIAL TRANSACTION DATA
When entering payment card data, confidential information is transmitted over a public network in a protected (encrypted) form using appropriate protocols and systems, according to the most modern cryptographic technologies.
The security of data during the purchase is guaranteed by the payment card processor. At no time are the payment card details available to the Company's system.
X) REFUND
The User has the right to withdraw from the purchase or services, within 5 days from the date of making the purchase within the DP, without giving a reason.
The User has the right to withdraw from the purchase, if the User submits to the Service Provider in writing by mail to the address of the registered office or to the e-mail address (highlighted in the General Information section) a statement of withdrawal from the purchase, which unambiguously informs the Service Provider of the withdrawal from the purchase.
In the event of the User's withdrawal from the purchase or services in accordance with these Terms and Conditions, the Service Provider will refund the payments for the services in question received from the User, no later than 31 days from the date of receipt of the statement of withdrawal. The Service Provider will refund payments using the same means of payment used by the User in the original transaction.
The User is also entitled to a refund of payments for purchases made within the DP, if the services included in the purchases in question could not be realized due to justified reasons beyond reasonable control that may be current at the destination of transport (such as lightning strikes, fires, storms, floods, earthquakes, etc.). The User is entitled to a refund in this particular case by submitting a request for a refund in writing by mail to the address of the headquarters or to the e-mail address (highlighted in the General Information section) informing the Service Provider that the service has not been provided. The Service Provider shall refund the payments for the services in question received from the User, no later than 31 days from the date of receipt of the request, using the same means of payment used by the User in the original transaction.
The Service Provider is not and cannot be held responsible for the refund of funds due to the User's failure to make the purchase or services within the DP for reasons resulting from actions and/or omissions on the part of the User.
XI) TYPES AND METHODS OF PAYMENT
Purchases within the DP are enabled through credit and debit bank cards American Express, MasterCard, Maestro, Visa, Discover, Diners Club International.
XII) ORDERING AND BUYING TICKETS
To order and purchase tickets through DP the User goes through the following steps:
- Selecting the date and time;
- Choosing the type and quantity of tickets;
- Registration (login) of the User;
- Forwarding the order (review of all data, last check, acceptance of the Terms and Conditions, etc.)
- Payment - choosing a payment method and entering the information required for payment;
- Confirmation of the received order by the Service Provider;
- Confirmation of payment;
- Confirmation of the purchase of tickets and creation of an invoice for the purchase made.
XIII) QUESTIONS, COMPLAINTS AND COMPLAINTS
All questions, complaints and complaints related to the purchase and collection of tickets through DP can be reported by phone at the following phone number +382 69903482 or sent in writing by mail to the address of the Company's headquarters or by e-mail (highlighted in the General Information section).
XIV) FINAL PROVISIONS
For matters not expressly governed by these Terms, other applicable regulations and acts of the Company shall apply.
These Terms and Conditions shall enter into force on the 8th day from the date of their publication on the notice board and the Company's website.