General terms and conditions

§1 Scope

By participating in the Best-Boats24 boat market, the user, whether as an advertiser or as a searcher, expressly acknowledges the validity of these general terms and conditions of use. Conflicting terms and conditions of the users have no validity. Use of the Best-Boats24 database without consent to these provisions is not permitted.

§2 Private participation

Participation in the core services offered by Best-Boats24 is free of charge for private advertisers if they use the basic package. A maximum of 3 advertisements per user can be placed and updated at the same time. The provision of free services can be stopped at any time and without notice. This does not result in a reduction, reimbursement or compensation claim. Furthermore, the private advertiser has the option to book packages and additional services that are subject to payment. The corresponding fees are due by bank transfer, direct debit, Paypal or credit card payment.

§3 Commercial participation

For boat sales and motor dealers there is the possibility to place advertisements in the Best-Boats24 internet boat market and to take advantage of further extensive internet services. These services are regularly used on the basis of the Best-Boats24 price list that applies to them. If no other variant is agreed between the parties, participation for commercial suppliers shall be on the basis of an annual contract. The participation fee for boat and motor dealers shall be collected by direct debit or due for payment in advance. For the direct debit procedure, the dealer authorizes the debit order procedure and a mandate for the SEPA direct debit procedure. For direct debits returned due to a lack of cover, the dealer is obliged to reimburse all costs incurred as a result. In the event of invoices not paid on time during the current contract period, Best-Boats24 also has the right to block the customer's access to the administration area (including the total inventory). Once all outstanding bills have been paid in full, the block will be lifted again. In this case, the customer is not entitled to an extension of the agreed contract period by the duration of the blocking or bank details) immediately. Best-Boats24 is entitled to change the structure of the database without prior notice, provided this does not significantly affect the intended success. Users of the SEPA direct debit payment method agree that the amount due will be collected on the next working day, which means that the booked options can be activated promptly. When booking a special advertising space (exclusive advertisement on the main page, sponsored advertisement in the search results, advertisement in partner magazines), 50% of the booking amount will be reimbursed in the event of cancellation before the start of the booking period, since Best-Boats24 incurs additional processing costs. No refunds can be made for cancellations made during the booking period.

§4 Price changes or changes to the general terms and conditions of use

Price changes are to be announced by Best-Boats24 in good time so that the participant can terminate the contractual relationship in compliance with the contractually agreed notice period at the time of termination before the new prices apply. If he does not exercise this right and continues to use the services of Best-Boats24 after the validity date of the price change, the price change becomes binding for both contracting parties. Billing is based on the price change. The same applies to changes to these general terms and conditions of use. The announcement or the change of the terms and conditions or the prices takes place by letter, online or by email.

§5 Content, form and purpose of the advertisements

Only the posting of advertisements aimed at the sale of boats and engines is permitted. The placing of purchase advertisements and spare parts offers is not permitted. Each boat and engine may only be advertised once at a time. The advertisements can be illustrated with photos that must originate exclusively from the boat or motor actually offered (does not apply to new products). It is not permitted to insert other symbols / letters / numbers (e.g. logos, lettering, telephone numbers, names, keywords) or a combination of the photos with other symbols / letters / numbers in the advertisement or the photos in instead of photos of the advertised boat or engine to change this way. The advertiser must actually have the boat or engine offered. The advertisement may not violate applicable law through its wording, content, visual appearance and the intended purpose. The information in the advertisements must be made carefully and truthfully. By posting the advertisements and posting the photos in the Best-Boats24 internet boat market, the advertiser confirms that he can freely dispose of the photos and that they are not encumbered with third-party rights. The specification of referring Internet addresses in the presentation text is prohibited, since Best-Boats24 would like to have full presentations on all advertisement pages that do not require any further additions. Email addresses and telephone numbers may only be written in the fields provided. In principle, Best-Boats24 reserves the right to reject, change and delete advertisements and permanently exclude individual advertisers from participating. The contact form shown by us in the final view of the offers is expressly only to be used for those interested in the corresponding boat or motor. It is prohibited to misuse this form for advertising purposes or the like. Violations will be prosecuted.

§6 Consequences of disregard of the general terms and conditions of use

Best-Boats24 may reject, change or completely delete advertisements, terminate the contractual relationship for good cause without observing a deadline and permanently exclude advertisers from participating. This applies in particular if the participant contravenes these general terms and conditions of use or otherwise abuses the system or unjustifiably refuses to settle claims from Best-Boats24.

§7 Warranty

Best-Boats24 only provides the technical requirements for the transmission of information (advertisements). The advertiser is solely responsible for the accuracy and content of the advertisements. Best-Boats24 does not verify the identity of the advertiser. Best-Boats24 is not liable for damage resulting from the shortened or falsified appearance of advertisements or from the misuse of data by third parties. Best-Boats24 does not guarantee that advertisements will be deleted at a certain time. Best-Boats24 guarantees the availability of the database within the scope of the technical and operational possibilities. Temporary restrictions may arise due to technical faults such as an interruption in the power supply, overloading of the telecommunication networks, interruption of lines or technical problems of the Internet user's provider, over which Best-Boats24 has no influence. Best-Boats24 is released from the obligation to perform in cases of force majeure.

§8 Liability

Best-Boats24 is not liable for damage caused by software from Best-Boats24. By installing the software on his computer, the participant expressly accepts this disclaimer. Claims for damages against Best-Boats24 are excluded regardless of the legal reason.

§9 Termination, resettlement fee

The contractual relationship between Best-Boats24 and the commercial participant can be terminated in the case of a monthly contract by both contracting parties with a notice period of two weeks to the end of the month. In the case of annual contracts, the notice period is three months before the contract expires. In the case of half-year contracts, the notice period is two months before the contract expires. The notice of termination must be sent by letter (Best-Boats24, Eugen-Richter-Str. 44, 99085 Erfurt, Germany), by fax (0049 (0) 361 219 214-10) or by email (info@best-boats24.net) to take place.

§10 Data protection notice

Best-Boats24 expressly points out that all contact details of the user, apart from the email address, are published in the respective advertisement. If this is not desired by the user, he must limit his contact details to the mandatory fields (telephone number, email address). The user agrees that his data will be stored electronically in compliance with data protection laws. Best-Boats24 may use the personal data for sending emails with information on the use and innovations of the in-house website. The user has the option at any time to permanently unsubscribe from this information. For the purposes of market and opinion research and for the purpose of securing and constantly improving quality and service, the user's email address may be passed on to a service provider selected for this purpose.

§11 Copyright and right of use

All information, logos, texts, programs, videos and pictures are subject to the copyright and the right of use of Best-Boats24. Further processing and use in media of all kinds by third parties is only permitted with the written permission of Best-Boats24. The rights of the advertiser remain unaffected. Advertisements in particular are subject to the exclusive right of use of Best-Boats24. These advertisements may be processed individually and in their entirety only with the written permission of Best-Boats24 from third parties or published on other websites or in other media. The rights of the advertiser to his advertisements remain unaffected. He can still freely dispose of his own data and information. All passwords assigned by Best-Boats24 must be kept secret or a change must be requested immediately if there is a presumption that unauthorized third parties have become aware of them.

§12 Applicability of German law, place of jurisdiction

German law applies to the exclusion of the UN purchase law. Place of performance and jurisdiction for payments by the participants is Erfurt. The place of performance and jurisdiction is Erfurt, provided that the participant is a merchant within the meaning of the German Commercial Code. Erfurt is also agreed as the place of jurisdiction if the participant moves his domicile abroad after conclusion of the contract or if he has no general place of jurisdiction in Germany.

§13 Severability clause

The invalidity of individual provisions of these general terms and conditions of use does not affect the effectiveness of the other provisions. Instead of ineffective provisions, there are primarily those that most closely correspond to the ineffective provisions and secondly the legal provisions.