Marina Ahoy Terms and Conditions
Marina Ahoy is a self- service platform for using harbour services online. It communicates check-in and booking requests made from harbours customer through Marina Ahoy app to the harbour service providers who have been registered as users of the Marina Ahoy service. The private limited company Marina Ahoy OÜ (registry code 12911764), founded in the Republic of Estonia, is the holder of rights and service provider of the Marina Ahoy services.
1. USING THE MARINA AHOY APP
1.1 The use of the Marina Ahoy app requires registration of a user account. During the registration process, the email of the Marina Ahoy service user is linked to the respective user account and added to the database.
1.2 Any complaints and proposals for improving the service can be sent to our support team via email email@example.com
2. CREDIT CARD PAYMENT CONDITIONS
2.1 The user of the Marina Ahoy app can pay for the harbour service with the next payment methods: credit card, debit card, gPay, Apple Pay, which requires acceptance of Marina Ahoy Terms and Conditions and harbour rules.
2.2 Using Marina Ahoy is free for harbour customers. The total price displayed for the app users before check-in is not different from the price at the harbour. Payment processing service is ECOMMPAY Group.
2.3 The payment process itself is always agreed between the customer and the harbour service provider. The respective contract and terms and conditions of ECOMMPAY Group and the respective harbour service providers apply.
3. USING THE SELF-SERVICE IN HARBOURS
3.1 Harbour service providers using Marina Ahoy list information about their harbour (description, services, rules, contacts) for the app users. The information is managed by the Harbour service providers.
3.2 Harbour service providers manage harbour customers pre-paid long-term bookings to enable check-in & out for harbour customers by skipping the payment request. After the harbour service provider adds an entry of a pre-paid booking using Marina Ahoy service, the vessel profile for the user account associated to the entries e-mail address is created automatically.
3.3 After the sign-up process, Marina Ahoy app user adds a vessel and payment details for check-in & out and paying mobile.
3.2 Harbour pricelists are managed by harbour service providers. The total price relevant for the size of the added vessel and length of the stay is calculated automatically and displayed for the app user before the check in.
3.4 When the vessel is checked in and paid or checked out the service is considered successful.
4. USE OF THE MARINA AHOY APP
4.1 Marina Ahoy is a self-service tool for harbour customers to check-in and pay for harbour services via Marina Ahoy app.
4.2 The use of the Marina Ahoy app is based on a non-exclusive licence issued by Marina Ahoy OÜ. The licence agreement is valid for a non-limited period and is free of charge for the harbour customer. In case of any faults in the software, we shall endeavour to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee unlimited faultless functioning of the app at all times. We shall also accept no liability for any losses incurred as a consequence of the Marina Ahoy app not functioning or not being usable in the desired manner.
4.3 As the Marina Ahoy app is a means of communication between harbour customers and harbour service providers, Marina Ahoy cannot influence or take any responsibility for the quality or defects of the service. For this reason, we are unable to guarantee consistently accurate and faultless provision of harbour services located via Marina Ahoy. For resolving complaints please contact our support team (referred to in clause 1.2).
4.4 The Marina Ahoy app does not constitute an offer or brokerage of harbour services for customers. The Marina Ahoy app is not a means for organising the provision of harbour services. It is also not an agency service for finding customers for harbour service providers.
5. CANCELLATION AND NO-SHOW
5.1 By making a booking through the app, sailors accept and agree to the relevant cancellation and no-show policy of the harbor service provider, and to any additional (delivery) terms and conditions of the harbor service provider that may apply to their booking. Please check the harbor rules thoroughly prior to making your reservation.
5.2 Late payment, wrong or invalid card details or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the harbour service provider agrees or allows otherwise under its (pre-)payment and cancellation policy.
5.3 If you wish to review, adjust or cancel your reservation, please contact the harbor service provider. Please note that you may be charged for your cancellation in accordance with the harbor service provider's cancellation and no-show policy or not be entitled to any repayment of any (pre-)paid amount.
6. BY REGISTERING AN ACCOUNT WITH MARINA AHOY A HARBOUR CUSTOMER SHALL ACCEPT THE FOLLOWING
6.2 Marina Ahoy reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the web site or the Marina Ahoy App. Please check these terms periodically for changes. Your continued use of the Marina Ahoy App after such changes have been posted as provided above constitutes your binding acceptance of such changes. Such amended Terms will automatically be effective upon the earlier of (i) your continued use of the Marina Ahoy App, or (ii) 30 days from posting of such modified Terms on or through the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and Marina Ahoy will be governed by the terms in effect at the time such dispute arose.
6.3 Marina Ahoy shall be entitled to forward personal data and bank data to credit card payment intermediaries.
7. GOOD PRACTICE USING THE MARINA AHOY APP
7.1 As Marina Ahoy is not a provider or broker of the harbour services, we are unable to influence the quality of the harbour service. Any issues with defects or quality of the harbour service shall be resolved in accordance with the rules and regulations of the harbour service provider or the relevant supervisory authority.
7.2 We expect that the users of the Marina Ahoy app use the app in good faith and are respectful of the harbours who offer their services through Marina Ahoy.
Licence agreement for harbour service providers
These terms and conditions set forth the terms and conditions applying to and governing the use of the Marina Ahoy software for harbour service providers.
1.1. Marina Ahoy – a private limited company incorporated and registered under the laws of Republic of Estonia with registration code 12911764, registered in Suur-Sadama 7, Kuressaare, Estonia.
1.2. Software – software called Marina Ahoy produced by Marina Ahoy is a self- service platform for using harbour services online. It communicates check-in and booking requests made from harbours customer through Marina Ahoy Mobile Application to the harbour service providers who have been registered as users of the Marina Ahoy service. The Software comprises of the Mobile Application Software and the Management Software.
1.3. Mobile Application Software or APP – software called Marina Ahoy produced by Marina Ahoy for mobile devices allowing harbour service providers and harbour customers to communicate and use a mobile payment.
1.4. Management Software or MS – management software called Marina Ahoy produced by Marina Ahoy enabling the harbour service providers to communicate with AP users.
1.5. Customer – a person requesting harbour service by using the Software.
1.6. Harbour Company – a harbour service provider.
1.7. General Conditions – these general conditions of the license agreement provided by Marina Ahoy.
1.8. Agreement – an agreement between Marina Ahoy and the Harbour Company regarding the use of the Software comprising of these General Conditions and additional terms and conditions referred to herein or agreed in the future between Marina Ahoy and the Harbour Company.
1.9. License – the right to use the Software in accordance with the Agreement.
1.10. Website – Marina Ahoy’s website located at www.marinaahoy.com.
1.11. Price List – the price list of Marina Ahoy indicating the fees payable to Marina Ahoy by the Harbour Company located at https://www.marinaahoy.com/pricing.
1.12. License Fee – fee payable by the Harbour Company to Marina Ahoy for using the Software.
1.14. Marina Ahoy Payment – a credit card payment which can be used to pay for harbour service.
2. ENTRY INTO THE AGREEMENT
2.1. Prior to downloading and using the Software the Harbour Company must sign up with Marina Ahoy by filling in the necessary information required by Marina Ahoy on the Website. Upon successful completion of the signing up Marina Ahoy will provide the Harbour Company with a personal account accessible with a password chosen by the Harbour Company. By clicking „I agree to the Terms of Service“ button the Harbour Company confirms that:
2.1.1. it is according to law entitled to enter into the Agreement with Marina Ahoy;
2.1.2. it has carefully studied and fully understands the General Conditions, including all the obligations that arise to the Harbour Company as provided herein;
2.1.3. it agrees to be bound by and follow the terms and conditions as provided in this General Conditions and in the Agreement;
2.1.4. all the information presented to Marina Ahoy by the Harbour Company is accurate, correct and complete;
2.1.5. it will not authorize other persons to use the Harbour Company ́s account unless assigned to a user invited by the Harbour Company to use the software.
2.1.6. it will not use the Software for unauthorised or unlawful purposes and impair the proper operation of the Software;
2.1.7. it will not copy or distribute the Software or other Marina Ahoy content without the prior written permission from Marina Ahoy;
2.1.8. it fully complies with the laws and regulations applicable;
2.2 The passwords obtained by the Harbour Company for using the Software are not to be revealed by the Harbour Company to any third persons.
2.3. The Harbour Company hereby guarantees that the Harbour Company provides the harbour service in accordance with the local laws and regulations.
2.4. The Harbour Company must provide the harbour service in a professional manner in accordance with the business ethics applicable to providing harbour service and endeavour to perform the Customer’s request in the best interest of the Customer.
3. SOFTWARE AND SUPPORT
3.1 The Software allows the Harbour Company to offer Customers self-check in & out and mobile payment services with the help of ECOMMPAY Group according to the harbour rules and keep the harbours logbook up to date automatically. For avoidance of doubt Marina Ahoy can in no way be considered as a person acting on behalf or in the name of the Customer.
3.2 Any complaints and proposals for improving the service can be sent to our support team via email firstname.lastname@example.org
4. GRANT OF LICENSE
4.1. Marina Ahoy hereby grants the Harbour Company, subject to the provisions of the Agreement, a non- exclusive license to use the Software according to the terms referred to herein.
4.2. The Harbour Company shall pay Marina Ahoy a royalty pursuant to section 5 of the General Conditions.
4.3. The License is granted for a non-limited period and is valid only in the territory where the Harbour Company is established and operating.
4.4. The License granted herein by the Harbour Company revokes automatically together with termination of the Agreement. After termination of the Agreement the Harbour Company must immediately stop using the Software and Marina Ahoy is entitled to block and delete the personal account of the Harbour Company without a prior notice.
4.5. All of the copyright and intellectual property rights of the Software, including software code and database thereof are owned by Marina Ahoy and protected by copyright and/or trade secret laws and international treaty provisions. The Harbour Company does not acquire any rights of ownership to the Software or any connected documentation.
5. LICENSE FEE
5.1. The Harbour Company pays Licence Fee to Marina Ahoy for the use of the Software in the amount specified in the Price List:
5.1.1. Fee per each booking listed in the MS, either by harbourmaster or via the AP. Booking is a paid period with the right to use the harbour service no matter how many check in & out actions are being taken in that timeframe.
5.2. All the prices indicated in the Price List do not include the Value Added Tax (VAT in short). The Price List may change from time to time and Marina Ahoy shall notify the Harbour Company of any amendments therein at least 14 (fourteen) days in advance.
5.3. The Licence Fee shall be deducted from the amounts collected as Marina Ahoy Payments.
The Licence Fee is deducted from the fee collected for the provision of the harbour service according to the Marina Ahoy Payment reports.
6. MOBILE PAYMENT TERMS
6.1. Marina Ahoy is a self-service tool for harbour customers to check-in and pay for harbour services via Marina Ahoy app. When using the Marina Ahoy Payment the Customer is not obliged to make the payment directly to the harbour service provider. Fee of harbour service is provided by Software in accordance with the vessel details and length of the stay.
6.2. The Customer shall be deemed to have paid for harbour service when using Marina Ahoy Payment. If such payment cannot be completed for technical reasons, the payment for harbour service shall not be deemed. In such case the Customer shall pay for harbour service directly to the harbourmaster of the Harbour Company.
6.3. The payment process itself is always agreed between the customer and the harbour service provider. The respective contract and terms and conditions of ECOMMPAY Group and the respective harbour service providers apply.
6.4. After having been provided harbour service the Customer shall receive via the Marina Ahoy application an email receipt, which shall set out the amount of the fee.
6.5. The Harbour Company may not refuse payment for harbour service via the Mobile Payment option, or influence the Customer against the use of the Mobile Payment. If Harbour Company refuses to accept a Mobile Payment, Marina Ahoy shall be entitled to charge a contractual penalty in the amount of 30 euros for every refusal.
6.6. The Harbour Company warrants that it understands that Mobile Payment does not supersede the requirements established by the laws and regulations, i.a. the obligation of the Harbour Company to provide the Customer with a receipt printed out on the printer.
7.1. Marina Ahoy is not liable for any loss or damage that may arise to the Harbour Company under or in connection with the Agreement or by using or in connection with the Software, including but not limited to:
7.1.1. any direct or indirect monetary loss;
7.1.2. loss of profit or anticipated savings;
7.1.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
7.1.4. loss or inaccuracy of data; and
7.1.5. any other type of loss or damage.
7.2. Marina Ahoy is not liable for the actions or non-actions of the Customers using the Software and shall not be liable for any loss or damage that may occur to the Harbour Company as a result of actions or non-actions of the Customers.
7.3. Marina Ahoy is not liable for the proper functioning of the Software and any loss or damage that may occur to the Harbour Company as a result. Marina Ahoy is entitled to terminate the use of the Software by the Harbour Company should the Harbour Company use the Software with an incompatible or unauthorized device.
7.4. Marina Ahoy is not liable for any loss or damage that may arise to the Customers in connection with using the harbour service provided by the Harbour Company.
7.5. Non-performance of any of the Marina Ahoy’s obligations is excused if it is caused by force majeure. Force majeure are circumstances which are beyond the control of Marina Ahoy and which, at the time the Agreement was entered into, Marina Ahoy could not reasonably have been expected to take into account, avoid or overcome the impediment or the consequences thereof which Marina Ahoy could not reasonably have been expected to overcome.
7.6. The Harbour Company is fully liable for breach of the Agreement and/or any other applicable laws or regulations and shall stop and remedy such breach immediately after receipt of a respective demand from Marina Ahoy or any state or other authority.
7.7. The Harbour Company is fully liable for any direct and/or indirect loss and/or damage that Marina Ahoy may occur in connection with breach of the Agreement and/or using the Software and/or providing the harbour service by the Harbour Company. Should any such loss or damage be caused to Marina Ahoy, then the Harbour Company shall compensate such damage to Marina Ahoy in full within 7 (seven) days as of receipt of the respective request by the Harbour Company.
7.8. The Harbour Company is fully liable for any direct or indirect loss and/or damage that may arise to the Customer or any third person using the harbour service provided by the Harbour Company. Should any of the Customers present any claims against Marina Ahoy in connection with the harbour service provided by the Harbour Company, then the Harbour Company shall compensate such damage to Marina Ahoy in full within 7 (seven) days as of receipt of the respective request by the Harbour Company.
7.9. In case Marina Ahoy is entitled to present any claims against the Harbour Company then the Harbour Company shall also compensate to Marina Ahoy all the cost for legal services related to establishment of the damage and submission of claims relating to compensation for the damage.
8. PROCESSING OF PERSONAL DATA
8.1. Marina Ahoy collects personal data such as names, telephone numbers, e-mail addresses and location based information only with the permission of the data subject and only for the purpose necessary to enable the intended functioning of the Software and the communication.
8.3. The Harbour Company shall not process the personal data of the Customers without the permission of Marina Ahoy. The Harbour Company shall not collect, record, store, grant access, use or cross-use the personal data provided by the Customers or made accessible by the Software.
8.4. Marina Ahoy is the chief processor which processes personal data of the Customers and the Harbour Company. The Harbour Company is an authorised processor which processes personal data at the request of Marina Ahoy.
9. TERM AND TERMINATION
9.1. The Agreement enters into force as of clicking „I agree with the Terms of Service“ button by the Harbour Company. Agreement is entered into for an indefinite term.
9.2. The Harbour Company may terminate the Agreement at any time by notifying Marina Ahoy at least 7 (seven) calendar days in advance.
9.3. Marina Ahoy may terminate the Agreement at any time by notifying the Harbour Company at least 3 (three) calendar days in advance.
9.4. Marina Ahoy is entitled to immediately terminate the Agreement without giving any advance notice in case of breach of the Agreement and/or any applicable laws or regulations by the Harbour Company. Marina Ahoy shall have the right of extraordinary cancellation of the Agreement, if: 1) the Harbour Company violates the terms and conditions of the Agreement; 2) the Harbour Company’s operations jeopardise economic activities and reputation of Marina Ahoy; 3) the Harbour Company renders the making of Mobile Payments impossible. In case of extraordinary cancellation Marina Ahoy does not have to observe the advance notice term. In case of extraordinary cancellation, Marina Ahoy shall be entitled to discontinue the Harbour Company’s access to the Software, and shall deem the Agreement, and any obligations of Marina Ahoy stemming from the same terminated.
9.5. Upon termination of this Agreement the Harbour Company must immediately stop using the Software.
10.1. Marina Ahoy may amend the General Conditions at any time by posting a revised version if it on the Website. The effective date of the General Conditions shall be indicated at the end of the General Conditions.
10.2. Marina Ahoy shall notify the Harbour Company of any amendments of the Agreement in a format reproducible in writing applying a 14 (fourteen) calendar days’ notice period. If the Harbour Company disagrees with the amendments to the Agreement, the Harbour Company may cancel the contract within 14 (fourteen) calendar days, notifying Marina Ahoy thereof in a format reproducible in writing.
10.3. A notice of cancellation of the Agreement shall be deemed duly served, after Marina Ahoy has received the notice, and has sent the Harbour Company a confirmation of receipt. If the Harbour Company has not cancelled the Agreement within 14 (fourteen) calendar days after having been notified of the amendments, it shall be understood that the Parties have agreed on the amendments to the Agreement.
11. APPLICABLE LAW AND COURT JURISDICTION
11.1. The Agreement shall be governed by, and construed and enforced in accordance with the laws of Republic of Estonia, without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.
11.2. Any dispute that may arise in connection with this Agreement, whether with respect to its existence, validity, interpretation, performance, breach, termination or otherwise, shall be settled by way of negotiations. If the respective dispute resulting from this Agreement could not be settled by the negotiations, then the dispute will be finally solved in Harju County Court Kentmanni court house in Tallinn, Republic of Estonia.
12. CONTACT INFORMATION
12.1. The Harbour Company is obligated to immediately notify Marina Ahoy of any changes of the Harbour Company’s contact information and the Harbour Company guarantees to keep the contact information accurate and up to date.
12.2. The contact information of Marina Ahoy is available at the Website.
13. FINAL PROVISIONS
13.1. If any provision of the Agreement is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Agreement shall not be deemed a waiver of such term.
13.2. The Harbour Company may not assign the Agreement or any of its rights or obligations there under, if not provided otherwise by the Agreement.
13.3. Any notice required to be given under this Agreement shall be sufficiently given if: (i) delivered personally, (ii) sent by courier with proof of delivery, (iii) sent by registered mail or (iv) sent by e-mail with reception acknowledged. Any notice which is sent or despatched in accordance with this clause 14.3 shall be deemed to have been received: (i) if delivered personally, at the time of delivery to the party; (ii) if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party; (iii) if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party; and (iv) if sent by email, on the day the party receiving the email confirms receiving the respective email or on the 2nd calendar day following the dispatch of the email provided that the sender has not received an error notice (notifying that the email was not delivered to the party) and has sent the email again on the next calendar day and has not received a similar error notice.
Date of entry into force: 05.14.2021.