Tubber General Terms and Conditions

1. Tubber Terms and Conditions

 

1.1 In order to use this platform and our services, you warrant that (i) you are at least 18 years of age, and (ii) you have the legal capacity to enter into a binding agreement (governed by these terms and conditions) with us. Tubber.com reserves the right to deny anyone access to this platform and the services we offer.

 

1.2 These terms and conditions governing the relationship with you apply to all our services made available directly or indirectly (through distributors) online, via a mobile device, by email or by telephone. By visiting our website or one of our applications, browsing and using it via any platform (collectively referred to as the ‘platform’) and/or by making a reservation, you acknowledge that you have read and understood the terms and conditions (including the privacy and cookie policy), and you explicitly agree to and accept the terms and conditions (including the privacy and cookie policy).

 

1.3 These pages, the content and infrastructure of these pages, and the online boat reservation service provided via the platform (including any customer service) (hereinafter collectively referred to as the ‘service’) are owned, managed and offered by Tubber.com B.V., with its registered office and place of business at Friesestraatweg 211a, 9743 AD, Groningen, the Netherlands (hereinafter ‘Tubber.com’, ‘we’, “us” or ‘our’) and are offered for your personal, non-commercial (B2C) use, subject to the terms and conditions set out below.

 

1.4 As the person making the booking, you are responsible for the actions and behaviour (in relation to the booking) of everyone in the group. You are also responsible for obtaining their consent before passing on their personal data to us.

 

2. Tubber.com is not a tour operator/travel agent

2.1 Tubber does not act as a tour operator or travel agent. Tubber does not offer package tours or linked travel arrangements as referred to in Directive (EU) 2015/2302 on package tours and linked travel arrangements. Tubber is therefore not liable for the (full or partial) execution of the trip, nor for any shortcomings or defects that occur during the trip. The responsibility for the execution of the services lies entirely with the relevant service providers (such as landlords, skippers or other third parties) with whom the hirer enters into a direct agreement.

 

3. Our Service

3.1 Through the platform, we (Tubber.com and its partners) offer an online platform where all types of boat operators (e.g. charters, marinas, flotillas, individual boat owners, water sports rental companies, yacht brokers, boat rental platforms, travel agents, collectively the ‘boat provider(s)’) can offer, promote and market their boats for hire, and where visitors to the platform can search for, compare (prices) and book these boats. In addition to the booking service, we offer you our customer support. Our shipmates are available 24/7 (including weekends) to help you with any questions or problems you may have. We also provide guidance - at an additional charge - in some sailing areas, groups of boats (flotillas) with an accompanying boat and skipper (the ‘flotilla leader’). The flotilla leader can provide you with information about the sailing area and assist you with any practical matters. The information and assistance provided never relieves you, as the skipper, of your own responsibility for the safety of yourself and your crew, for the safe navigation and use of your boat, and for any operational decisions and actions. The flotilla leader acts solely as a nautical guide and is not a travel service. His/her role is to provide support on the water, not to organise trips or excursions ashore.

 

3.2 By renting or booking a boat through Tubber.com (including any request to do so), you enter into a direct (legally binding) contractual relationship with the relevant boat provider from whom you rent a boat or with whom you make the request. From the moment you make a request and/or rent or book your boat, we act solely as an intermediary (agent of the boat provider) between you and the boat provider, whereby we send the details of your (request for) booking to the relevant boat provider and send you a confirmation email on behalf of the boat provider. A request or application for a reservation is only final after formal confirmation in the reservation process or confirmation email.

 

3.3 Tubber.com does not rent out the boats itself and does not offer any other (travel) products or services, unless otherwise indicated or agreed. Tubber.com shall in no way be liable or responsible for the actions or omissions of the boat provider (including all damage and costs suffered by guests and/or caused by or at the expense and risk of the boat provider (or persons or (auxiliary) matters for which the boat provider is liable). Depending on the requirements and the offer, you can sail the boat provider's boat independently (bareboat), with a skipper or in a flotilla (jointly).

 

3.4 When offering our services, the information we display is based on the information provided to us by the boat providers. As such, boat providers have access to an online system through which they are fully responsible for updating the rental price, availability and other information displayed on our platform. Although we will use all reasonable means in providing our services, we cannot verify whether, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including typographical/printing errors), any missing information, interruptions (whether due to a [temporary and/or partial] malfunction, repair, upgrade or maintenance of our platform or otherwise), inaccurate, misleading or untrue information, or failure to provide information. Each boat provider remains responsible at all times for the accuracy, completeness and correctness of the information (including the rental price and availability) displayed on our platform. If the rented yacht is not available (e.g. due to damage), the boat provider may offer you another yacht.

 

3.5 Our platform does not constitute a recommendation, endorsement or guarantee of the quality, service level, suitability or rating of a boat provider (or its (additional) products, services or facilities) and should not be considered as such.

 

3.6 If you have purchased insurance through our platform, please refer to the insurance policy or the terms and conditions of the relevant insurance for further information. These general terms and conditions do not apply to insurance. Tubber.com.com is not a provider, agent or (re)seller of insurance and this falls outside the scope of our service.

 

4. Boat providers

4.1 The relationship we have with providers of various boats is governed by separate agreements with the relevant providers. Each provider is expected to offer its product or service on a professional basis. Please note that boat providers – in addition to the policy and small print as stated on the website – may have their own terms and conditions and house rules and/or declare them applicable to the use of the boat (these terms and conditions may contain certain disclaimers and limitations of liability).

 

4.2 Only boat providers who have a commercial relationship with Tubber.com (via an agreement) will be made available on the platform (for their B2B and/or B2C promotion of their product). Tubber.com is not an open platform (such as Amazon or eBay) where end users can make their product available (no C2C platform); Tubber.com does not allow non-professional parties to offer or sell their products on or via Tubber.com.

4.3 Tubber.com.com and the boat provider are each entitled to terminate their relationship for any reason whatsoever (including in the event of breach of contract or (application for) bankruptcy), subject to the relevant notice period as agreed between both parties.

 

4.4 Treat the boat and its furnishings, electronics and other contents and facilities with care and leave them in the same condition as when you arrived. Report any damage to the boat provider in good time.

 

5. Additional terms and conditions of the boat provider

5.1 The relevant boat provider may apply additional terms and conditions or policies (such as house rules, contract terms, security deposits or provisions regarding crew).

 

5.2 It is the sole responsibility of the hirer to request these terms and conditions from the boat provider in good time and to take note of their content.

 

5.3 If the hirer fails to request these terms and conditions prior to or during the booking, or does so too late, the consequences thereof shall be entirely at the expense and risk of the hirer.

 

5.4 Failure by the boat provider to make such terms and conditions available or to make them available too late shall not affect the validity of the reservation via Tubber.

 

5.5 Upon receipt of the boat, the boat provider may request the hirer to sign an additional rental agreement or check-in document regarding the condition and use of the boat, mutual responsibilities and any deposits.

- This is standard practice in the charter industry and comparable to the procedures for car rental, where an agreement or registration is also signed at check-in or pick-up.

- Signing such an agreement does not affect the reservation already made, but constitutes a customary further elaboration of the agreed rental and the actual use of the boat.

- If the hirer refuses or fails to sign this agreement, this is entirely at the hirer's expense and risk and does not release the hirer from their obligations under the original booking (including payment obligations). In such a case, no refund is due and the hirer bears all costs arising from this.

- Tubber is not a party to this additional agreement and bears no responsibility or liability for it.

 

6. Skipper services

6.1 If you opt for a skipper or other additional crew services, this agreement is concluded exclusively between you (as the hirer) and the relevant boat provider (or its representative). Tubber is expressly not a party to this and has no role in it. The skipper's fee is not collected by Tubber, but is settled directly and separately with the boat provider or the skipper, in accordance with the terms and conditions applied by the boat provider.

 

6.2 Any additional terms and conditions or house rules relating to the use of a skipper are agreed exclusively between the hirer and the boat provider and are not the responsibility of Tubber.

 

6.3 Tubber is therefore not liable for the availability, quality or performance of skipper services or other additional crew services.

 

6.4 Regardless of the presence or use of a skipper or other crew services, the hirer remains ultimately responsible at all times for compliance with all applicable legal requirements, sailing schedules, sailing rules, permits, certificates, and for the safety of the boat, crew and passengers. The presence of a skipper does not relieve the hirer of these responsibilities and obligations.

7. Prices

7.1 Unless otherwise stated, all prices on the Tubber.com platform are per boat for your entire booking, including VAT and all other taxes (subject to changes in such taxes) and any additional service charges, surcharges and extras (such as fuel surcharge, flotilla surcharge, skipper surcharge), unless otherwise stated on our platform or in the booking. For additional services and products (including final cleaning, use of a skipper and any additional persons than indicated in the relevant offer), additional surcharges, costs or fees may be charged by the travel provider.

 

7.2 Applicable surcharges, costs, fees and taxes (including any tourist tax) may be charged by the boat provider in the event of a no-show or cancellation. Sometimes cheaper rates are available on our platform for a specific duration or product. However, these rates made available by the boat provider may be subject to special restrictions and conditions, for example, non-cancellable and non-refundable. Please check the relevant product and booking conditions and details carefully before making your booking.

 

7.4 Obvious errors and mistakes (including printing errors) are not binding.

 

7.5 We charge an administrative fee of EUR 35 (including VAT) per booking. Boat providers pay us a fee for each booking (a small percentage of the boat rental price) after the hirer has paid the rental price.

 

7.6 All special offers and promotions are marked as such. If they are not marked as such, you cannot derive any rights from obvious errors or mistakes.

 

7.7 Some of the prices you see may be rounded to the nearest whole number. The price you pay will be based on the original, “unrounded” price (although the actual difference is likely to be small).

 

7.8 If your payment method is in a currency other than the specified payment currency, your bank or payment method provider (or their payment service providers) may charge additional fees. This may happen, for example, if your credit card is in euros, but the boat provider charges in dollars or pounds.

 

7.9 If you know of or suspect any fraudulent behaviour or unauthorised use of your payment method, please contact your payment provider as soon as possible.

 

8. Payment, refunds and cancellation/changes (terms and conditions)

8.1 Please read the booking terms and conditions carefully so that you are aware of any applicable payment, cancellation and/or change conditions and additional costs before you rent.

 

8.2 Boat providers may request that the rental price (in full or in part) be paid in advance to guarantee the rental. During the booking process, you will be asked to pay a deposit and/or security deposit for your rental to the relevant boat provider. The payment will be securely processed from your credit/debit card or bank account to the boat provider's bank account via an external payment processor. For certain products and services, Tubber.com.com (via external payment processors) facilitates the payment of the relevant reservation for and on behalf of the boat provider.

 

8.3 Any payment facilitated by us for and on behalf of and transferred to the boat provider will in any case constitute a discharge of (part of) the booking price you have paid for the relevant product or service, and you cannot reclaim such amounts paid.

 

8.4 By making a reservation on our platform, you agree to and accept the relevant terms and conditions offered during the booking process (e.g. payment terms, change terms and/or no-show/cancellation conditions) of the relevant boat provider, and any additional terms and conditions (including house rules) of the boat provider that may apply to your booking or rental, including (additional) services and/or products offered by the boat provider. The terms and conditions (including house rules) of a boat provider can be requested from the relevant boat provider.

 

8.5 The change/cancellation conditions are available on our platform on the relevant rental page, during the booking process and in the confirmation email. Please note that some rental options cannot be cancelled or changed. The right of withdrawal under European consumer law does not apply when booking a boat.

 

8.6 Please check the booking conditions and other important information and conditions (such as age requirements, accessibility, any conditions (required skills, certificates and sailing licences) and surcharges for group bookings, drop-offs and any additional deposits) before booking. And don't forget to make any further (down) payments on time and in full.

 

8.7 Please note that a reservation may be cancelled (without prior warning or notice) if the relevant (remaining) rental amount(s) or deposit cannot be collected on the relevant payment date in accordance with the relevant payment policy of the reservation. Late payment, incorrect bank, debit or credit card details, invalid credit cards/bank cards or insufficient funds in your account are at your own risk and responsibility. You are not entitled to a refund of any (non-refundable) prepaid amount, unless the boat provider and/or its payment/cancellation terms agree to this.

 

8.8 If you wish to view, change or cancel your booking, please refer to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the boat provider's cancellation, (advance) payment and no-show policy, or that you may not be entitled to any refund of any (advance) payment.

 

8.9 You cannot hold Tubber.com.com liable or responsible for any (authorised, (allegedly) unauthorised or incorrect) charges by the boat provider and you will not claim any amount (again) for any valid or authorised charges by the boat provider (including for pre-incurred costs), no-show and non-refundable cancellation) from your credit card.

 

8.10 In the event of a no-show or charged cancellation, any applicable tourist tax may still be charged by the boat provider.

 

8.11 If you pay in your own currency (instead of the requested foreign currency), the payment processor may charge certain exchange rates and/or additional costs/surcharges. In the event of a refund, the payment processor may apply different costs, surcharges and/or exchange rates than those applied when the reservation was made and/or payment was made.

 

9 Correspondence and communication

9.1 By completing a reservation, you agree to receive (i) an email from us providing you with information about your rental option and certain information and offers (including third-party offers, insofar as you have actively opted in to receive this information) relevant to your rental and destination, and (ii) an email we send you after your rental, inviting you to leave your review.

 

9.2 We can help you communicate with your boat provider, but that does not mean we take responsibility for the booked product or service, or travel experience, or for anything the boat provider does or does not do. We cannot guarantee that they will read anything you send them or that they will do what you ask. The fact that you contact them or they contact you does not in itself mean that you have grounds for legal action.

 

9.3 If you have a late or delayed arrival on the check-in date or arrive the next day, please ensure that you communicate this (in a timely manner/immediately) to the boat provider so that they know when to expect you to avoid cancellation of your reservation or being charged for a no-show. Our customer service team can assist you in informing the boat provider if necessary. Tubber.com accepts no liability or responsibility for the consequences of your delayed arrival or any cancellations or no-show charges incurred by the boat provider.

 

9.4 In order to complete and secure your booking properly, you must use your correct email address. We are not responsible or liable for any incorrect or misspelled email address or any incorrect or incorrect (mobile) phone number or credit card number (and have no obligation to verify or correct the information provided in this regard).

 

10. Disclaimer

10.1 Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we are only liable for direct damage actually suffered by you, paid or incurred as a result of an attributable failure to fulfil our obligations in relation to our services, up to a total amount of the total cost of your booking as set out in the booking confirmation email (for a single event or a series of related events). We are not liable for loss, theft, injury or damage occurring during the travel and charter period or for which the boat provider is liable.

 

10.2 To the extent permitted by applicable law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliates, distributors, affiliated (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting or otherwise making available the site and its content, shall be liable for:

(i) any punitive, special, indirect, incidental, emotional or consequential damages, loss of production, loss of profits, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim;

(ii) any inaccuracy in the (descriptive) information (including prices, availability and reviews) of the boat provider as made available on our platform;

(iii) the services provided or the products offered by the Travel Provider or other business partners;

(iv) any (direct, indirect, consequential or punitive) damage, loss or expense suffered, incurred or paid by you, based on, arising from or in connection with the use, inability to use or delay of our platform, or

(v) any (personal) injury, death, material damage or other (direct, indirect, special, consequential or punitive) damage, losses or costs you have suffered, incurred or paid, whether as a result of (legal) actions, errors, violations, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentation, tort or strict liability by or (wholly or partly) attributable to the boat provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or services are made available, offered or promoted (directly or indirectly) on or through the platform, including any (partial) cancellation, transfer, strike, force majeure or any other event beyond our control, influence or power.

 

10.3 Tubber.com is not responsible (and disclaims any liability) for the use, quality and suitability of the rented boat and does not give any guarantees or assurances of any kind, whether implied, statutory or otherwise, in this regard.

 

10.4 You acknowledge and agree that the relevant boat provider is solely responsible and assumes all responsibility and liability in relation to the booking and rental (including in relation to (the use and suitability of) the boat (and any repairs). Complaints or claims relating to the booking (including in relation to the boat offered, (special/promotional) price, conditions or specific customer requests) must be handled by the boat provider. Tubber.com is not responsible for and disclaims any liability in relation to such complaints, claims and (product) liabilities.

 

10.5 Regardless of whether or not the boat provider has charged you for your booking or use of the boat, or whether we facilitate the payment of the price, you agree and acknowledge that the boat provider is at all times responsible for collecting, withholding, remitting and paying the applicable taxes due on the total amount of the reservation to the relevant tax authorities. You are responsible for any local (tourist/port/city) taxes, port fees and tolls.

 

10.6 Tubber.com is not liable or responsible for remitting, collecting, withholding or paying the relevant taxes due on the booking or remittance to the relevant tax authorities. Tubber.com does not act as a (re)seller/renter for products or services made available on the Platform.

 

10.7 To the extent permitted by law, any claim or complaint against Tubber.com or relating to the (travel) service/product must be submitted as soon as possible, but in any case within 30 days of the planned date of consumption of the product or service (e.g. end date of the trip). Any claim or complaint submitted after the 30-day period may be rejected and the claimant will lose their right to any compensation (for damages or costs). Without prejudice to the foregoing, any right to bring a claim or proceedings against Tubber.com will lapse in any case if it is not brought before the competent court within 1 year of the (planned) end date of the trip or reservation.

 

10.8 If you breach these general terms and conditions and/or the terms and conditions of the boat provider, we are not liable for any costs you incur as a result.

 

10.9 In the event of a breach of these general terms and conditions or relevant applicable legislation, we have the right to cancel your reservation (at your own expense and risk). If we cancel your reservation in such a case, you may (depending on the circumstances) not be entitled to a refund. We will tell you why we have cancelled your booking, unless telling you would (a) breach applicable laws and/or (b) prevent or hinder the detection or prevention of fraud or other illegal activities.

 

10.10 Please note: you are responsible for verifying, demonstrating and complying with any entry requirements for your destination and any required qualifications (boating licence, marine radio licence, international certificate of competence (ICC), valid passport/ID) and experience levels for certain boating destinations and types of boats (for you and your crew). The boat provider may be entitled to impose additional conditions or cancel your booking (without refund) if you are unable to meet certain required qualifications or experience levels.

 

10.11 You will need the boat provider's permission to bring any pets with you, and additional costs may apply.

 

10.12 Suggested routes and programmes may be changed at any time if circumstances so require. No rights can be derived from the routes/programmes or group arrangements mentioned, nor do deviations entitle you to a refund or any other form of compensation. We are not liable for any damage, costs and/or loss of travel enjoyment as a result of incorrect instructions/information provided by the flotilla management, or the complete or partial absence of flotilla guidance.

 

11. Intellectual property rights, user content and reviews

11.1 Unless otherwise stated, all intellectual property rights (including copyrights) in and on our platform (including the (underlying) technology, database, software, information (including any translations), photographic material, film material, trademarks, logos, trade names, design and look & feel) are the property of Tubber.com (or its licensors).

 

11.2 You are not entitled to copy, scrape/crawl, download, publish, promote, deep link, sell, reproduce, display, monitor (e.g. spider, scrape), or otherwise use the material, information (including any translations and reviews) or our brand (for commercial, competitive or other purposes) without our prior written consent. Any unlawful use or behaviour will constitute a material infringement of our intellectual property rights and we reserve all rights (including the right to block you or withhold our services).

 

11.3 By uploading photos/images to our system (e.g. as an addition to a review), you declare, guarantee and agree that you own the copyright to the photos/images and that you agree that Tubber.com may use the uploaded photos/images on its website. (mobile) website and app, and in (online/offline) promotional material and publications, and as Tubber.com deems appropriate at its sole discretion. You grant Tubber.com a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and licence to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Tubber.com deems appropriate. By uploading these photos/images, the person uploading the photo(s) accepts full legal responsibility for any legal claims made by third parties (including but not limited to boat providers) as a result of publications on Tubber.com and the use of these photos/images. Tubber.com does not own the photos/images that are uploaded and does not endorse them. The accuracy, validity and right of use of all photos/images is assumed by the person who uploaded the photo and is not the responsibility of Tubber.com. Tubber.com disclaims all responsibility and liability for the photos posted. The person who uploaded the photo guarantees that the photos/images will not contain viruses, Trojan horses or infected files and will not contain pornographic, illegal, obscene, offensive, indecent or inappropriate material and will not infringe on third-party rights (intellectual property rights, copyright or privacy). Any photo/image that does not meet the above criteria will not be posted and/or may be removed/deleted by Tubber.com at any time and without prior notice.

 

11.4 Your review may be uploaded to the page of the relevant boat provider on our platform to inform (future) users about what you thought of the rental. We reserve the right to edit, refuse or remove a review if it does not comply with our content guidelines.

 

11.5 Based on our content guidelines, we may refuse or modify the following information:

• misleading information or information that is otherwise confusing or deceptive in nature;
• information that is hateful, discriminatory, offensive or threatening (including political, profane or privacy-sensitive comments or information);
• content that is not relevant to Tubber.com, the travel experience or the travel product/service;
• content containing allegations that could be considered unfair, defamatory or libellous, or otherwise inappropriate;
• content that could compromise the privacy of our employees, customers or partners and other parties involved.

 

11.6 Tubber.com.com does not compensate or reward customers for completing a review. The review form should be considered a survey and does not contain any (further commercial) offers, invitations or incentives. Tubber.com.com undertakes to make every effort to check and remove reviews that contain obscenities or the mention of a person's name or references to stolen goods.

 

11.7 Reviews by other users are always subjective and cannot be attributed to Tubber.com. Tubber.com is not obliged to publish negative reviews. Tubber.com reserves the right to remove reviews.

 

12. Amendment clause

12.1 We may amend or supplement these terms and conditions from time to time. Where such amendments are material and relevant to you, we will notify you before such amendments take effect, unless the amendments are required by law. By (continuing to) use our platform and services, you (tacitly) agree to any adjustments and changes to, and the latest version of, our terms and conditions. Existing reservations remain subject to the terms and conditions that were applicable at the time of booking.

 

13. Privacy, cookies and account

13.1 Tubber.com respects your privacy. Please refer to our privacy statement for more information.

 

13.2 If you wish to make a reservation, you must create an account. Please ensure that all your information (including payment and contact details) is correct and up to date, otherwise you may not be able to access your (transaction) details. You are responsible for everything that happens with your account, so make sure that no one else uses it and keep your username and password secret.

 

14. Complaints, applicable law and forum

14.1 If you have a question or complaint, please contact our customer service department. You can do this by calling our customer service or sending an email to [email protected]. You can help us to assist you as quickly as possible by providing the following:

- the confirmation number of your booking, your contact details, and the email address you used when you made the booking;

- a summary of the problem, including how you would like us to help you

- any supporting documents (bank statement, photos, receipts, etc.)

 

14.2 All questions and complaints are recorded and the most urgent matters are dealt with as a matter of priority.

14.3 If you are a resident of the European Economic Area and are not satisfied with the way we handle your complaint, you may be able to submit a complaint via the European Commission's Online Dispute Resolution (ODR) platform (ec.europa.eu/odr). You are also free to contact the competent court as indicated below at any time.

 

14.4 To the extent permitted by law and unless otherwise agreed, these terms and conditions and the provision of our services shall be governed by and construed in accordance with English law, and any disputes arising from these terms and conditions and our services shall be submitted exclusively to the competent court in Groningen, the Netherlands.

 

14.5 You may also invoke your national consumer legislation if you are a consumer residing in a country in the European Economic Area, the United Kingdom or Switzerland (hereinafter ‘Europe’).

 

14.6 If you are a consumer residing in Europe:

- You may bring legal proceedings against us:

(i) before the competent court of the country where you reside, or

(ii) before the competent court in Groningen.

- We may bring legal proceedings against you before the competent court of the country where you reside.

 

15. Miscellaneous

15.1 The original Dutch version of these general terms and conditions may be translated into other languages. In the event of a dispute about the interpretation of these terms and conditions or a discrepancy between the Dutch version and another language version, the Dutch version shall apply, prevail and be decisive. The Dutch version is available on our website.

 

15.2 If there is a conflict between general and specific terms and conditions, the specific terms and conditions shall apply.

 

15.3 If any provision of these general terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions. In such a case, such invalid provision shall nevertheless be enforced to the extent permitted by applicable law, and you shall at least agree to accept a result similar to that of the invalid, unenforceable or non-binding provision, with regard to the content, meaning and purpose of these general terms and conditions.

 

15.4 In the event of a dispute regarding the content or interpretation of these terms and conditions or any inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English version shall, to the extent permitted by law, apply, prevail and be conclusive. The English version is available on our platform or will be sent to you upon your written request.

 

15.5 The terms “rental”, “renter”, “rental” or “rental company” are used from time to time in these general terms and conditions, reservation confirmation and any further communication (including in your interaction with the boat provider). Although these terms are often used in the context of yacht rentals, charters and flotillas, tenancy law does not apply to our services, the reservation or the use of the boat. Therefore, you do not enjoy the legal protection offered by tenancy law.

 

16. Force majeure / force majeure

16.1 Tubber, (any) flotilla leader and the boat provider are not liable for delays or non-delivery due to force majeure (weather, strikes, war, pandemics, etc.), and any cancellations due to force majeure do not, in principle, entitle you to a refund outside of goodwill arrangements.

 

17. About us

17.1 All correspondence, legal documents, any claims and demands (including summonses) must be addressed exclusively to our registered office in Groningen:

Tubber B.V.

Friesestraatweg 211a

9743 AD Groningen

The Netherlands

- Tubber does not accept domicile or legal service at any address other than the registered address mentioned above.

- Documents or notifications sent to other addresses (including affiliated subsidiaries, branches, offices, marketing or support offices in the United Kingdom or abroad) have no legal effect.

- These other addresses do not operate as authorised agents for service and do not serve as process agents.