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Terms

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.

Definitions


Terms

Terms means all terms of Tubber, this includes General Terms and Conditions, Responsibility and Liability of Hosts, Guests and Tubber, Refund Policies for Guests and Hosts.


Boat

All boats, sailboats, motorboats, tubs, small vessels and any kind of sea boats or boats of a host which is being posted on Tubber Website for reservation by Tubber visitors.


Office hours

Office hours means Monday until Friday from 09:00 - 17:00 Amsterdam (CET) and Saturday from 10:00 - 18:00 Amsterdam (CET).


Host

Host means an individual of legal age (at least 21 years old) and of full capacity to contract, or a duly represented legal yacht charter entity which is the legal and beneficial owner of the Boat or Yacht, or properly authorized by the legal and beneficial owner of the boat or Yacht, or a person who has obtained an exclusive unconditional right for the use of the Yachts or Boats and which list them on Tubber.com for online reservation by an online visitor.


Private Host

Private Host means a private owner of a boat.


Professional Host

Professional Host means a legal yacht charter entity which is the legal and beneficial owner of the Boat or Yacht, or properly authorized by the legal and beneficial owner of the boat or Yacht.


Guest

A Guest is an individual, legal age and of full capacity to contract, or a duly represented legal entity who enters into an agreement with a Host for the reservation of a Boat who has agreed to pay the full booking fee. Guest is not the owner of the Boat.


Tubber Credits

Means credits your earn with our referral program on the Website by inviting friends and family.


Special Circumstances

Means if there are special circumstances, extremely bad weather, war, earthquakes, fire or terrorisme.


Special Agreements

Special agreements are agreements between Host and Guest which are not documented or listed on the Tubber Website.


Tubber referral

Means if you invite friends or family to join Tubber you receive Tubber Credits to spend for bookings on Tubber Website.

Tubber / We / Us

Means Nationale Watersportbank BV, a company registered in the Netherlands (KVK 02092513) a company organized and existing under the laws of the Netherlands, with registered address at Hoge Traan 22, 9351 VV Leek, Netherlands.


Cleaning fee

Means the fee to clean the Boat after you do the check-out.

Website

Means www.tubbber.com, www.tubbber.nl owned and managed by us.


Age

Tubbber is only for persons who are at least 21 years old. By accessing or using the Tubber Website, you represent and warrant that you are at least 21 years old.


Host Account

Account means a Login account for Tubber Website to list boats, accept or cancel bookings and to communicate with Guests.


Scope, amendment of General Terms and Conditions, Liabilities and Refund Policies

The General Terms and Conditions, Responsibility and Liability of Hosts, Guests and Tubber, Refund Policies, below apply to the use of the platform www.tubbber.com (Website). This is a service of Nationale Watersportbank BV(We, Us, Tubber).

“Guests and Hosts” within the sense of these General Terms and Conditions are natural and legal persons who have registered and whose registration has been confirmed by Tubber.

By registering for or using our services, You accept to the validity of all of the below General Terms and Conditions, Responsibility and Liability of Hosts, Guests and Tubber, Refund Policies.

Host can add their own terms and conditions to the Listing they are renting that do not affect the General Terms and Conditions of Tubber. Conflicting terms and conditions of the Host have no effect, even if Tubber does not contradict them.

By approving the general terms and conditions, you agree to receive newsletters and similar information via e-mail.


Registration

User registration is required for the use of the Tubber Website and Services. You can register for free. It requires that you accept all Tubbers Terms and Conditions. The user agreement between Tubber and the You arises on receipt of the registration confirmation e-mail at the e-mail address provided by the user. There is no claim to the conclusion of such a user agreement.

Registration is available only to natural persons, legal persons and partnerships that are fully legally competent. The registration of a legal person or partnership may be performed only by a natural person with power of representation who must be named. When registering, only individual persons may be given as the owner of the user account (i.e. no married couples or families).

When registering, you undertake to provide Tubber accurate, up-to-date and complete information as required by the registration form, in particular first and last name, current address (PO box is forbidden), a valid e-mail address and, where asked, the name of the yacht charter company and an authorised representative. The data must be up-to-date and correct at all times. Multiple registrations under different member names are prohibited. When you register as user with your First Name, Last Name, E-mail, Password, we will send you a confirmation with your username and password.


Tubber Liability

Tubbber is liable for all payments of Guest and to deliver the Boat booked on the Tubber Website according to the Guest accepted Cancellation Policy and Guest Refund Policy.

Tubbber is not liable for loss or damage caused by inaccuracies, amendments, mistakes and defects in the ancillary nautical equipment provided, e.g. marine charts, handbooks, compass, radio direction finding equipment etc.

Tubbber is not liable to any damage made to any boat from any Host or person by any Guest, Crew members of

Guest or Skipper.

In no event shall the liability of Tubber for damage other than pecuniary damage (such as compensation and / or loss of travel enjoyment) be greater than an amount equal to at most once the booked total sum of a

Boat booked at Tubber.

The liability of Tubber for death or severe personal injury is limited to the amount paid out by its liability insurer in the occurring event. If no insurance proceeds, the liability of Tubber is limited to an amount of € 50,000.

Tubbber is not liable for any indirect and / or consequential damages, including - but not limited to - lost revenue, lost profits, loss of enjoyment of life, damage to third parties for which the Guest or his fellow passengers is held liable, damages for missed connections, damage caused by delays, etc.


Delays

Tubbber Website may be subject to limitations, natural disasters, delays and other technical or internet problems. Tubber is not responsible for any of these problems and damage results by these problems, natural disasters, delays and other technical or internet problems.


Reporting Misconduct

If you stay with or Host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who engages in offensive, violent or sexually inappropriate behavior, you suspect of stealing from you, or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us by contacting us with local police station and a report number at 112@tubbber.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.


Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Tubber and You regarding our Website, Services, Tubber Credits, and any bookings or Listings of Boats made on the Tubber Website, and these terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding bookings or listings of Boats, Website, Services, and Tubber Credits.


Copyright Policy

Tubbber respects copyright law and expects its users to do the same. It is Tubber’s policy to terminate in appropriate circumstances the Tubber accounts of members or other account users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Tubbers’s Copyright Policy at Tubber.com/copyright_policy, for further information.


Modifications to these Terms

Any modifications or other communications to these Terms, will be in writing and given by Tubber by email (the e-mail that you provide). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.


Controlling Law and Jurisdiction

The District Court Northern Netherlands (location Groningen) is the jurisdiction to hear disputes between You and Us. If you have any questions about these Terms please contact us.