Who are we?
Boatscribe («us», «we» or «our» as the context requires) provides online boat rental search services and other yacht charter related services to travellers throughout the world via our website.
Before using Boatscribe, you (meaning the user, as a visitor of the website) should read the present document (hereinafter referred to as «Terms»), according to which we provide you with access to Boatscribe. Any use of our website is recognized as acceptance of these Terms, meaning you are giving your explicit consent to use Boatscribe under the conditions set out below, as well as your consent to the Privacy Policy. If a user doesn’t accept the Terms in full, they must refrain from using Boatscribe and leave the corresponding website.
1. General Information
1.1 Boatscribe refers to a software product intended for personal, non-commercial purposes, such as:
- for the search and receive, based on their requests and the functionality of the software, information about boat rental and other products offered by third parties, including boat rental and travel agents, charter companies, tour operators, online travel agencies or other third parties (metasearch service).
- to provide the user with statistical information about the price of boat rental and other travel products for specified destinations, as well as promotional information about Boatscribe and third parties through electronic communication channels, including messengers and push notifications;
- o provide authorized users with the opportunity to personalize the functionality of the website, including remembering data about favorite boats;
- to provide the user with information about sailing and traveling on Boatscribe's blog (for informational purposes only);
- to provide the user with the opportunity to participate in promotions and contests (marketing online events and special projects);
- to fulfill other legitimate purposes that are implied and can be met by using Boatscribe functionality exclusively through the user interface.
1.2 Boatscribe is not a service that allows you to rent a boat. Any commercial relations with the user regarding a purchased service found on boatscribe.com occur on the side of Boatscribe’s partners. The Owner doesn’t participate in these relations in any way. In case of disputes regarding the specified circumstances, you agree to apply for their resolution directly with the parties who entered into the relationship with you to provide the relevant services or to their authorized agents.
1.3 Boatscribe is not responsible for providing, setting or controlling the prices applicable to, any of the boat rental options or products which you find and book via our website. All such products are subject to the terms and conditions of Boatscribe’s partners.
1.4 Posting information and content in any form regarding yacht charter, products, services, and providers of such services on Boatscribe constitute neither a recommendation, instruction, or a call to purchase such a service nor an assessment or comparison of such services/partners among themselves.
2. The Use of Boatscribe
2.1 By using Boatscribe and visiting websites/applications of the Owner, you confirm and guarantee that you have reached the age of majority in your country of residence, have the necessary legal capacity to do so, have received necessary consents and permissions if you act in someone else’s interest, and provide accurate, full, and reliable information when using Boatscribe.
2.2 The Owner grants you, free of charge, a non-exclusive and non-transferable license to use to access Boatscribe on a personal device in any country in the world, for the direct functional purpose of Boatscribe and exclusively for the legitimate purposes specified in the Terms.
2.3 Interaction with Aviasales is carried out exclusively by means of the digital interface provided to users.
2.4 When using Boatscribe, you agree:
- not to interfere with the work of Boatscribe in ways that may result in a violation of its performance, including forming requests in ways other than through the user interface;
- not to use any programs or applications that are not authorized by the Owner to interact with Boatscribe;
- not to modify, improve, translate into other languages, decompile, disassemble, decode, frame, emulate, violate the integrity of, or restore the source code of Boatscribe;
- not to use Boatscribe or the content available on it for illegal purposes or in order to pursue an unfair purpose, for example, go to partner sites and make fraudulent bookings.
2.5 The Owner has the right, at any time and at their sole discretion, to terminate maintenance of Boatscribe, change its functionality, as well as prohibit a specific user, while the user is obliged to stop using Boatscribe at the specified request.
2.6 By means of Boatscribe, users are also given the opportunity to personalize the functionality of the service for their own needs. You agree that the fact that you authorize on the website, use the account assigned to you on Boatscribe.
2.7 The Owner has the right, at any time, to remove any of your content and/or restrict the access of other users to said content, if such content or your actions may potentially, in any way, violate these Terms, the Privacy Policy, applicable legislation, or generally accepted behavioral norms on the internet, or threaten the security of the service or the service of third parties as well as their psychological state.
3. Disclaimers and Liability
3.1 The Boatscribe functionality is provided «as is». The Owner does not provide any warranties regarding error-free and uninterrupted operation of Boatscribe, its parts, components, or functions, compliance of Boatscribe functionality to specific expectations of the user. The Owner does not guarantee the veracity, accuracy, completeness, and timeliness of data provided by Boatscribe, nor do they provide any other warranties, which are not expressly stated in these Terms, including when providing support services regarding the use of the metasearch service or other available functionality.
3.2 The Owner is not responsible for any direct or indirect consequences of any use or inability to use Boatscribe (including data) and/or the damage caused to you and/or third parties as a result of any use, non-use or inability to use Boatscribe or its separate components and/or functions, including due to possible errors or failures in its operation.
3.3 You agree to use Boatscribe in accordance with the laws of the country in which you are located, and bear liability for violating the restrictions on the use of Boatscribe or its different functions according to respective legislation.
3.4 You are solely responsible before third parties for your actions related to the use of Boatscribe, including if such actions result in violating the rights and legitimate interests of third parties, as well as for compliance with applicable legislation when using Boatscribe.
4. Intellectual Property
4.1 Intellectual property rights on the intellectual property objects constituents Boatscribe and/or used by it (software and hardware product, interface, algorithms, design, mechanics of interactions, texts, images, databases, knowledge, trademarks, trade names, other means of identification, etc.), as well as domain names, are vested in the Owner or third parties, which are the rights holders and provided the Owner with a license, or are distributed by the Owner on behalf of the rights holders.
4.2 Intellectual property objects and other third-party content, exclusive rights to which are not licensed or not vested in the Owner, are displayed solely to inform users about a particular boat, boat rental agency or booking system, charter company, travel agency, etc. which are available, for example, on a search results page on Boatscribe or information about which is presented on the site.
4.3 The use of the intellectual property objects specified in section 4.1. is only possible within the framework of the functionality offered by Boatscribe. You agree that the use of Boatscribe does not grant you any rights for the specified intellectual property objects, except for the rights explicitly specified in the Terms.
4.4 Any content that Boatscribe receives from you, upon authorization or through any other use of Boatscribe, must be rightfully accessible to you and must not violate the rights and legitimate interests of third parties or applicable laws. You provide the Owner with free-off charge, perpetual, transferable, revocable, sub-licensable license to use, modify, reproduce, distribute, and prepare derivative works of, publicly perform, and publicly display (in any form and on all mediums now known or hereafter devised) all content provided. The Owner can use such content in any format, channel, platform, or territory with the right to localize it to other languages. If uploaded or submitted to Boatscribe, you further give permission and the right to use your name, image, or other personal attributes in connection with such content.
5. Changes to the Terms and Dispute Resolution
5.1 The Owner has the right to unilaterally change these Terms at any time and without prior notice.
5.2 Changes to the Terms come into force from the date of their publication, unless otherwise specified in the relevant publication.
5.3 If, for any reason, any of the conditions of these Terms is found to be invalid, the Terms will be enforced to the fullest extent permitted by applicable law and the other conditions will remain valid and in force.
5.4 The present Terms and all the relations associated with the use of Boatscribe are subject to the law of Ukraine, unless a particular user and the Owner agree otherwise.
5.5 Any of your concerns and claims arising out of the present Terms and/or the use of Boatscribe must first be dealt with pre-court dispute settlement procedure. In the event of a dispute, you agree to electronically and physically send your complaint to the Owner at the legal address. The response period is 30 days from the date on which the Owner receives the electronic version.
5.6 If you wish to leave any feedback regarding the use of Boatscribe, the text of the present Terms, or to clarify any questions you may have regarding the use of Boatscribe, our support team will be there to help. We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on our website, please send a written notification of the alleged infringement to hello@boatscribe.com, for the attention of the Legal Department.